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11-21-2023 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR ROBERT M. "BOBBY"DYER,At Large G�r11A g VICE MAYOR ROSEMARY 97LSON-District 5 MICHAEL F.BERLUCCHI-District 3 p4 BARBARA M.HENLEY-District 2 VACANT-District 1 V S ROBERT W. "WORTH"REMICK-District 6 -" DR.AMELIA N.ROSS-HAMMOND-District 4 JENNIFER ROUSE-District 10 JOASHUA F. 'JOASH"SCHULMAN-District 9 °F °U. 0-1104S CHRIS TAYLOR-District 8 SABRINA D. WOOTEN-District 7 CITY HALL BUILDING I CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER-PA TRICK A.DUHANEY VIRGINIA BEACH, VIRGINLA 23456 C11YATTORNEY-MARK D.STILES CITY COUNCIL AGENDA PHONE.(75 7)385-4303 CITYASSESSOR-SUE CUNNINGHAM FAX(757)385-5669 CHYAUDITOR-LYNDONS.REM/AS November 21,2023 EMAIL:CITYCOUNCIL@VBGOV.COM CITY CLERK-AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL and SCHOOL BOARD JOINT SESSION - Building 19 - 12:30 PM A. FIVE YEAR FORECAST Kevin Chatellier, Director of Budget&Management Service Crystal Pate, Chief Financial Officer-VBCPS 11. CITY MANAGER'S BRIEFING - Conference Room - A. PPEA INTERIM AGREEMENT UPDATE 2:30 PM Melisa Ingram, Executive Director—VBCPS Facilities 111. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:00 PM IV. CITY COUNCIL AGENDA REVIEW 3:15 PM V. INFORMAL SESSION - Conference Room - 3:30 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION -City Council Chamber- 6:00 PM A. CALL TO ORDER— Mayor Robert M. "Bobby" Dyer B. INVOCATION C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MAYOR'S PRESENTATION 1. NATIVE AMERICAN HERITAGE MONTH PROCLAMATION Chief Emeritus Lee Lockamy—Nansemond Indian Nation H. FORMAL SESSION AGENDA 1. CONSENT AGENDA I. ORDINANCES 1. Ordinance to AUTHORIZE the vacation of a twenty foot(20')public access easement along the eastern boundary of 2454 Starfish Road subject to the dedication of an improved public access easement approximately one-hundred forty feet(140')eastward of 2454 Starfish Road, at the request of Westminster-Canterbury on the Chesapeake Bay 2. Ordinance to AUTHORIZE the City Manager to EXECUTE a License Agreement with Starbucks Corporation for the use of fifty(50) square feet of City-owned property re outdoor seating area at 31 Ocean,241 Laskin Road 3. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease for City-owned land for up to five(5)years at 1401 Southern Boulevard re Earth in Motion LLC 4. Ordinance to ACCEPT and APPROPRIATE $18,953,059 to the FY2023-24 Capital Improvement Program(CIP) and $1,142,237 to the FY2023-24 Parks and Recreation Operating Budget from the sale of easements re an Electronic Transmission Corridor for the Coastal Offshore Wind Project to Dominion Energy Virginia 5. Ordinance to APPROPRIATE $26,140,809 from the FY2022-23 School Reversion Funds to the Virginia Beach Public Schools FY2023-24 Operating Budget and Capital Improvement Program(CIP) (Requested by the School Board) 6. Ordinance to APPROPRIATE $23,445,223 from the Commonwealth of Virginia to the Virginia Beach Public Schools FY2023-24 Operating Budget re additional 2% compensation increase for all full-time equivalent employees and an "ALL In" approach focusing on high intensity tutoring, the Virginia Literacy Act, and chronic absenteeism(Requested by the School Board) 7. Ordinance to APPROPRIATE Fund Balance of the Tourism Investment Program (TIP) fund and to AUTHORIZE the City Manager to EXECUTE the settlement, transition, and termination agreement for the Virginia Beach Sports Center 8. Ordinance to ADD City Code Section 38-9 re prohibit weapons at the Housing Resource Center 9. Ordinance to AMEND City Code Section 21-502 re penalty for violation of weight limits for certain vehicles 10. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property known as Lake Bradford, also known as 2213 Pleasure House Road re maintain an existing shed and porch, and to construct and maintain a wood dock, a wood pier, an EZ dock and kayak launch, and timber piles and a 20' and a 5' City-owned public drainage easement, located at the rear of 14 Bradford Point—District 9 11. Ordinance to AUTHORIZE temporary encroachments into City-owned property known as Croatan Beach re construct and maintain a beach access walkway and observation deck at the rear of 500 South Atlantic Avenue—District 5 12. Ordinance to ACCEPT and APPROPRIATE $1,122,737.36 and an additional $22,227.37 from the Federal Emergency Management Agency (FEMA) to the FY2023-24 Fire Department Operating Budget for expenses related to the mobilization of Virginia Task Force 2 (VA-TF2) re Tropical Cyclone Idalia in Florida 13. Ordinance to ACCEPT and APPROPRIATE $158,477 from the Federal Emergency Management Agency (FEMA) to the FY2023-24 Fire Department Operating Budget re costs associated with equipment needed for the Virginia Task Force 2 Team (VA-TF2) 14. Ordinance to ACCEPT and APPROPRIATE $119,519.48 and an additional $3,390.39 from the Federal Emergency Management Agency (FEMA) to the FY2023-24 Fire Department Operating Budget for expenses related to the mobilization of Virginia Task Force 2 (VA-TF2) re Tropical Cyclone Lee in New Hampshire 15. Ordinance to ACCEPT and APPROPRIATE $9,686 from the Commonwealth of Virginia to the FY2023-24 Voter Registration and Elections Operating Budget re fund salary adjustments approved by the General Assembly 16. Ordinance to TRANSFER $573,734 from the Tourism Investment Program (TIP) fund to the FY2023-24 Emergency Medical Services Operating Budget re contract for beach lifeguard services J. PLANNING 1. WYCLIFFE PRESBYTERIAN CHURCH for a Modification of Conditions to a Conditional Use Permit re religious use at 1445 North Great Neck Road, 2307 Millwood Road and parcel between 2307 and 2309 Millwood Road DISTRICT 8 (Deferred from October 17, 2023) RECOMMENDATION: STAFF APPROVAL PLANNING COMMISSION DENIAL APPLICANT REQUESTS DEFERRAL TO DECEMBER 12, 2023 K. APPOINTMENTS BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS BOARD OF ZONING APPEALS CHESAPEAKE BAY AREA PRESERVATION BOARD CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD DEFERRED COMPENSATION BOARD GREEN RIBBON COMMITTEE HAMPTON ROADS TRANSPORTATION PLANNING ORGANIZATION HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION IN-HOUSE PHARMACY EXPLORATORY COMMITTEE MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OLD BEACH DESIGN REVIEW BOARD OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION SENIOR SERVICES OF SOUTHEASTERN VA BOARD URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION VIRGINIA BEACH VA250 COMMITTEE WETLANDS BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 3854303 The Agenda(including all backup documents) is available at httys://clerk.virginiabeach.gov/cily- council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting,please submit your request to TChelius(avb o v.com or call 385-4303. Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually,must follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/weblink/reizister/re96ab223 I f48fc63dfc28745b63da9c9 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on November 21, 2023. I. CITY COUNCIL and SCHOOL BOARD JOINT SESSION - Building 19- 12:30 I'M A. FIVE YEAR FORECAST Kevin Chatellier, Director of Budget&Management Service Crystal Pate, Chief Financial Officer-VBCPS II. CITY MANAGER'S BRIEFING - Conference Room - A. PPEA INTERIM AGREEMENT UPDATE 2:30 PM Melisa Ingram, Executive Director—VBCPS Facilities III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:00 PM IV. CITY COUNCIL AGENDA REVIEW 3:l5 PM V. INFORMAL SESSION - Conference Room - 3:30 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MAYOR'S PRESENTATION 1. NATIVE AMERICAN HERITAGE MONTH PROCLAMATION Chief Emeritus Lee Lockamy—Nansemond Indian Nation m s aF aUR N�T�� Prodamation 41ASerear Tie indigenous peoples of Virginia have providedstewardship of her lands andwaterways for many miQennia;and t4Asercar Sixteenth century English maps dacumentedthe vrllages ofChesepwoc andApasus in the area that is now'Virgima Beach,•and "liereac `Ihe Chesapeake Indian 11ri6e resided in village settlements in present-day 4hrginia Beach when those maps were drawn:and %*em= 9&Chesapeakr a6andonedorwere remavedfrom this area aroundthe time of the early seventeenth century arnvalof permanent Engsah colonists in the region;and %fwrrac 91fem6ers of the Nansemondlndwn Nation were displacedby the English from theirancestrulfands aroundthe Nansemond9kj ,,with some settling in areas formerly occupied by the Chesapeake;and "4ffear Some members of the Nansemond Indtn Nation trace their ancestry to the 1638 marriage of Efiza6eth,daughter of a Nansemondchief,to Sohn Bass,an Eng6sh minter,and "frear ,There is documentation that a Nanemondlndsan reservation evstedin the seventeenth century in southern areas of what is today Virginia Beach,•and "Berea' 'lhegovernment of the VmtedStates ofAmenca officially recognized the Nanemond Indian Nation in lamutry 1018;and Whereas: 9,fem6ers of the Nanemondlndtan Nation continue to 6e vital members of the community in Virginia Beach today;and "ti tur Chief'Emeritus Lee Loc6iny of the Nansemondlndtan Nation is a resident of the City of Virginia Beach-and 4AA"MW Novem6erwas first dedaredas NatweAmencanNnitage 94onth in the VnitedStates ofAmenca in 1990,-and "A4"= The Commonwealth ofVirginta has commemoratedlYovemberasNatimAmencanVentageWonth since 1996,and "A entas. NativeAmencan Mentage%onth is an opportunity to recognize andcefekate theAmencan Indian who call Virginia Beach home,whose a6isties andcontn6ution strengthen our economy,enrich Virginia Beach's diverse culture,and invigorate the Ci'ty's communities. Now,41Gsttfmt I,R96ert 94.'BObby''Dyer,944yor of the City of Virginia Beach,'T irginia,do hereby proclaim.: 5Vovem6er 2023 Xative American Yrferitage -lAlonth In$*Vida faaeh,I caQupon the Citizen,government agencies,pu66c andprisate institutions,businesses,andschools in Virginia Beach to recognize the contri6utions ofNativeAmencan to the history anddevelopment of the city,state,andnation and to commemorate this month with appropriate activities. In Wtners 4 ASereof,/have hereunto set my ha nd a nd ca used the Offww(.Sealof the City of fh'rgima Beach,Virginia,to 6e affixed this Twenty TirstDay of Novem6er,Two Thousandand7wenty-7hree. &bert 9K.'Bo66y'T!yer :Kayor H. FORMAL SESSION AGENDA 1. CONSENT AGENDA I. ORDINANCES 1. Ordinance to AUTHORIZE the vacation of a twenty foot(20')public access easement along the eastern boundary of 2454 Starfish Road subject to the dedication of an improved public access easement approximately one-hundred forty feet(140')eastward of 2454 Starfish Road, at the request of Westminster-Canterbury on the Chesapeake Bay 2. Ordinance to AUTHORIZE the City Manager to EXECUTE a License Agreement with Starbucks Corporation for the use of fifty(50) square feet of City-owned property re outdoor seating area at 31 Ocean, 241 Laskin Road 3. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease for City-owned land for up to five(5)years at 1401 Southern Boulevard re Earth in Motion LLC 4. Ordinance to ACCEPT and APPROPRIATE $18,953,059 to the FY2023-24 Capital Improvement Program(CIP) and $1,142,237 to the FY2023-24 Parks and Recreation Operating Budget from the sale of easements re an Electronic Transmission Corridor for the Coastal Offshore Wind Project to Dominion Energy Virginia 5. Ordinance to APPROPRIATE $26,140,809 from the FY2022-23 School Reversion Funds to the Virginia Beach Public Schools FY2023-24 Operating Budget and Capital Improvement Program(CIP) (Requested by the School Board) 6. Ordinance to APPROPRIATE $23,445,223 from the Commonwealth of Virginia to the Virginia Beach Public Schools FY2023-24 Operating Budget re additional 2% compensation increase for all full-time equivalent employees and an "ALL In" approach focusing on high intensity tutoring, the Virginia Literacy Act, and chronic absenteeism (Requested by the School Board) 7. Ordinance to APPROPRIATE Fund Balance of the Tourism Investment Program(TIP) fund and to AUTHORIZE the City Manager to EXECUTE the settlement, transition, and termination agreement for the Virginia Beach Sports Center 8. Ordinance to ADD City Code Section 38-9 re prohibit weapons at the Housing Resource Center 9. Ordinance to AMEND City Code Section 21-502 re penalty for violation of weight limits for certain vehicles 10. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property known as Lake Bradford, also known as 2213 Pleasure House Road re maintain an existing shed and porch, and to construct and maintain a wood dock, a wood pier, an EZ dock and kayak launch, and timber piles and a 20' and a 5' City-owned public drainage easement, located at the rear of 14 Bradford Point—District 9 11. Ordinance to AUTHORIZE temporary encroachments into City-owned property known as Croatan Beach re construct and maintain a beach access walkway and observation deck at the rear of 500 South Atlantic Avenue—District 5 12. Ordinance to ACCEPT and APPROPRIATE $1,122,737.36 and an additional $22,227.37 from the Federal Emergency Management Agency(FEMA)to the FY2023-24 Fire Department Operating Budget for expenses related to the mobilization of Virginia Task Force 2 (VA-TF2)re Tropical Cyclone Idalia in Florida 13. Ordinance to ACCEPT and APPROPRIATE $158,477 from the Federal Emergency Management Agency(FEMA)to the FY2023-24 Fire Department Operating Budget re costs associated with equipment needed for the Virginia Task Force 2 Team (VA-TF2) 14. Ordinance to ACCEPT and APPROPRIATE $119,519.48 and an additional $3,390.39 from the Federal Emergency Management Agency(FEMA)to the FY2023-24 Fire Department Operating Budget for expenses related to the mobilization of Virginia Task Force 2 (VA-TF2)re Tropical Cyclone Lee in New Hampshire 15. Ordinance to ACCEPT and APPROPRIATE $9,686 from the Commonwealth of Virginia to the FY2023-24 Voter Registration and Elections Operating Budget re fund salary adjustments approved by the General Assembly 16. Ordinance to TRANSFER$573,734 from the Tourism Investment Program(TIP) fund to the FY2023-24 Emergency Medical Services Operating Budget re contract for beach lifeguard services u tee. S CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize the Vacation of a 20' Public Access Easement Located Along the Eastern Boundary of 2454 Starfish Road Subject to the Dedication of an Improved Public Access Easement Approximately 140' Eastward of 2454 Starfish Road, at the Request of Westminster-Canterbury on Chesapeake Bay PUBLIC HEARING DATE: November 14, 2023 MEETING DATE: November 21, 2023 ■ Background: On August 19, 1974, City Council approved the closure of Avenue A and a portion of Ocean Avenue (M.B. 5, P. 71), subject to a condition that public access easements to the sandy beach along the Chesapeake Bay be dedicated to the City. On April 18, 1975, a public access easement located north of the northern terminus of Starfish Road (the "Easement"), was dedicated to the City as part of the conditions of the street closure. Thereafter, the Easement was relocated approximately 180 feet westward in 1975 and returned to its approximate initial location in 1982 (M.B. 162, P. 26). The Easement is 20 feet wide and runs along the eastern boundary of 2454 Starfish Road (GPIN: 1590-00-9705), as shown on Exhibit A attached to the Ordinance. The property on which the Easement is currently located is owned by Westminster- Canterbury on Chesapeake Bay ("WCCB"). WCCB is requesting that the Easement be vacated and that the beach access be relocated to a new public access easement approximately 140 feet eastward to the easternmost property line of WCCB's parcel known as GPIN: 1590-10-0956 (the "New Easement"), as shown on the Location Map. WCCB proposes that it will construct a new beach access with an ADA-compliant ramp in the New Easement. WCCB is seeking to expand its campus eastward and construct a new independent living tower. The tower is proposed to be constructed over the Easement, as shown on the conceptual plan submitted to City Council with the modification of conditions to the Conditional Use Permit approved on September 22, 2020 (the "Modification"). Condition #7 of the Modification requires WCCB to obtain the approval of City Council "to relocate the existing public beach access from its current location at the eastern terminus of Starfish Road to the proposed new location along the applicant's northeastern property line" prior to the approval of the construction plans. ■ Considerations: City staff reviewed WCCB's request to vacate the Easement and recommends approval of same, subject to the following conditions: 1. The New Easement will be at least 20 feet wide and located along the easternmost boundary of WCCB's parcel of land now known as GPIN: 1590-10- 0956; 2. WCCB will construct the relocated public beach access in the New Easement substantially as shown on the rendering attached to the Ordinance as Exhibit B, subject to such minor modifications approved by the Director of Planning; 3. The Deed of Dedication for the New Easement must be approved by the City Attorney's Office prior to recordation; and 4. The Deed of Vacation shall not be delivered or recorded until the relocated public beach access in the New Easement has been constructed, inspected and accepted by the City. The site plan for the new independent living tower, the site plan for the relocated public access, and a deed of easement to dedicate the relocated public access are currently under review in the Planning Department. A supermajority vote of City Council is required to vacate the Easement because (a) the Easement has been devoted to public use for access to and from the sandy beach along the Chesapeake Bay; (b) the Easement is a perpetual easement; and (c) the vacation of the Easement conditioned on the dedication of the New Easement is tantamount to a sale, pursuant to 2008 Op. Va. Att'y Gen. 73, 2008 Va. AG LEXIS 9 (Dec. 1, 2008). ■ Public Information: Advertisement for a public hearing as required by §1502- 1800 Code of Virginia. A public hearing will be held on November 14, 2023. Public notice also will be provided via the normal City Council agenda process. ■ Alternatives: Deny the vacation of the Easement. ■ Recommendations: Approve the request subject to the terms and conditions of the Ordinance. ■ Attachments: Ordinance, Exhibits, Location Map and Disclosure Statement. Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager: 1 AN ORDINANCE TO AUTHORIZE THE VACATION 2 OF A 20' PUBLIC ACCESS EASEMENT LOCATED 3 ALONG THE EASTERN BOUNDARY OF 2454 4 STARFISH ROAD SUBJECT TO THE DEDICATION 5 OF AN IMPROVED PUBLIC ACCESS EASEMENT 6 APPROXIMATELY 140' EASTWARD OF 2454 7 STARFISH ROAD, AT THE REQUEST OF 8 WESTMINSTER-CANTERBURY ON CHESAPEAKE 9 BAY 10 11 WHEREAS, on August 19, 1974, the City Council adopted an ordinance for the 12 closure of Avenue A and the northern 40' of Ocean Avenue as shown on M.B. 5, P. 71; 13 14 WHEREAS, a condition of the closure was the dedication of public access 15 easements to the sandy beach along the Chesapeake Bay to the City; 16 17 WHEREAS, on April 18, 1975, a public access easement located north of the 18 northern terminus of Starfish Road (the "Easement"), was dedicated to the City as part 19 of the conditions of the street closure; 20 21 WHEREAS, the Easement was relocated approximately 180 feet westward in 22 1975, returned to its approximate initial location in 1982 (M.B. 162, P. 26), and is 20 feet 23 wide running along the eastern boundary of 2454 Starfish Road (GPIN: 1590-00-9705), 24 where it exists today, as shown on Exhibit A attached hereto and made a part of this 25 Ordinance; 26 27 WHEREAS, Westminster-Canterbury on Chesapeake Bay ("WCCB") is the 28 owner of 2454 Starfish Road (GPIN: 1590-00-9705); 29 30 WHEREAS, WCCB is seeking to expand its campus eastward and construct a 31 new independent living tower to be partially located on its property at 2454 Starfish 32 Road; 33 34 WHEREAS, WCCB is requesting that the Easement be vacated in exchange for 35 the relocation of the Easement to approximately 140 feet eastward of 2454 Starfish 36 Road, along the easternmost boundary of WCCB's property known as GPIN: 1590-10- 3 7 0956 (the "New Easement"), within which it will construct a new public beach access 38 with a ramp that will be ADA-compliant; and 39 40 WHEREAS, it is the judgment of the City Council that the Easement be vacated 41 subject to certain conditions having been met. 42 43 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 44 VIRGINIA: 45 46 1. That the hereinafter described public access easement be vacated subject to 47 certain conditions being met: 48 ALL THAT easement situate, lying and being in the 49 City of Virginia Beach, Virginia, designated and 50 described as "20' PUBLIC ACCESS EASEMENT 51 (M.B. 162, PG. 26) (5,784 SQ. FT. OR 0.133 ACRES) 52 PROPOSED TO BE VACATED", and shown as the 53 hatched area on that certain exhibit entitled "EXHIBIT 54 `A" Proposed Vacation of a 20' PUBLIC ACCESS 55 EASEMENT (M.B. 162, PG. 26) Virginia Beach, 56 Virginia", Scale 1" = 60', dated October 26, 2023, 57 prepared by WPL, a copy of which is attached hereto 58 as Exhibit A. 59 60 2. That the vacation of the Easement shall be subject to the following 61 conditions: 62 63 a. The New Easement will be at least 20 feet wide and 64 located along the easternmost boundary of WCCB's 65 parcel of land now known as GPIN: 1590-10-0956; 66 67 b. WCCB will construct the relocated public beach 68 access in the New Easement substantially as shown 69 on the rendering attached hereto as Exhibit B and 70 made a part hereof, subject to such minor 71 modifications approved by the Director of Planning; 72 73 c. The Deed of Dedication for the New Easement shall 74 be approved by the City Attorney's Office prior to 75 recordation; and 76 77 d. The Deed of Vacation shall not be delivered or 78 recorded until the relocated public beach access in the 79 New Easement has been constructed, inspected and 80 accepted by the City. 81 82 3. That the City Manager or his designee is authorized to execute all 83 documents that may be necessary or appropriate in connection with the actions stated 84 above, and including such terms, conditions or modifications as may be acceptable to 85 the City Manager and in a form deemed satisfactory by the City Attorney. 86 87 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 88 of , 2023. THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: P bli Works Real Estate City Attorney CAI 6252 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d024\p042100921916.doc R-1 11/2/23 EXHIBIT A NOTES N/F THE MERIDIAN SOURCE OF CITY OF VIRGINIA BEACH THIS EXHIBIT IS BASED ON (D.B. 2087, PG. 169) THE VIRGINIA STATE PLANE GPIN: 1590-00-8974 COORDINATE SYSTEM, I (M.B. 145, PG. 29) CONCRETE I SEWALL SOUTH ZONE, NAD 1--�—+ 1983/1993 (HARN). N. 3,500,857.92 I i `1 N.- 3,500,901.81 I COORDINATE VALUES SHOWN E.12,190,729.64 Q� E.12,19q 935.96 ARE EXPRESSED IN U.S. N 7759 24" E 210.94' SURVEY FEET. 190.93' I py THIS EXHIBIT IS INTENDED �1 EX. 20' DRAINAGE EASEMENT 20.01' TO SHOW THE PUBLIC t� (M.B. 143, PG. 55) I ACCESS EASEMENT I PROPOSED TO BE VACATED I I I I AND IS NOT INTENDED FOR I I A VARIABLE WIDTH INGRESS-EGRESS EASEMENT ANY OTHER PURPOSE THAN o� (AS SHOWN) FOR PEDESTRIAN USE ONLY TO BE I GENERAL REFERENCE. tl GRANTED FROM WESTMINSTER-CANTERBURY TO I I LOT AB FOR THE EXCLUSIVE USE BY THE N/F I I N OWNERS OF LOT AB. (M.B. 162, PG. 26) V� o LOT C \ II 3 30' ACCESS VN WESTMINSTER- EASEMENTI I q� CANTERBURY ON I � FOR 20' PUBLIC ao c� All REPLENISHMENT ACCESS EASEMENT N �31 CHESAPEAKE BAY (M.B. 162, PG. 26) (M.B. 162, PG. 26)-� N .B. 11, AGE 4) N I (5,784 SQ. FT. OR f I (M.B. 111, PAGE 48) \� Z 0.133 ACRES) 3 K%-- �" GPIN: 1590-00-9984 PROPOSED TO 'o I N �. N/F BE VACATED ('Z I N/F LOT AB r WESTMINSTER WESTMINSTER- I �i�'I' Off'' yj CANTERBURY OF CANTERBURY ON HAMPTON ROADS INC CHESAPEAKE BAY (D.B. 1714, PG. 172) (I.N. 2023004257) 5' DRAINAGE & I & GPIN: 1590-00-9705 UTILITY EASEMENT RIC ARNER-4 (D.B. 1965, PG. 753) (M.B. 162, PG. 26) (M.B. 151, PG. 48) i lAc. 2904 a GPIN: 1590-00-4510 I (M.B. 162, PG. 26) I 1012712023 9< �O II 179.91 20.01 ! Q�� SURv� S 78'07'34" W 199.92' OCEAN SHORE AVENUE o 60 120 VARIABLE WIbTH�I (60' R/W) (M.a 109, PG. 28) PUBLIC EA�IMENT � I� (f7�RMERLY OCEAN AVE7VUE) (U.S. 5 PG. 71) GRAPHIC SCALE (M.B. 162, PG. 26) 160' TO STARf7SH RD. SCALE: 1"=60' I SHEET 1 OF 1 EXHIBIT 'A' PROPOSED VACATION OF A 20' PUBLIC ACCESS EASEMENT (M.B. 162, PG. 26) VIRGINIA BEACH, VIRGINIA Landscape Architecture Land Surveying 75 date: 10/26/2023 fb/pg: 1063/46-48, 1064/13 proj. no.: 219-0110 Civil Engineering wplsite.com lsite. 242 MUSTANG TRAIL, SUITE 8 VIRGINIA BEACH, VIRGINIA 23452 file: 219-0110_Plat (IL).dwg plat ref.: L-1348 CAD/chk: EG/eg GENERAL NOTES ^ a i I � i x..me.aeun xoaw ! 7 ._ ___— � avausnmww.m..oww.we. "°.'«••:•••..` OSSIaSA)pII.arm WALL ..a wkx»�.x. .r........... t41.A»axu,e�roillwnlss INS , z SHEET NOTES W I 12 i 3 z lu o a z - m O9wex ACCESS MASS-worrine '.. - x w ,Id $4 —4 I 11 wx wANI STITI EI 10 roar WASH STATIO 11 O�WM WALL.SSICR OAP O!NI!WAIL.STSOS OM l I�. u, / L J� / I ..�,.»". r....y .,..»• � � it-- I 12roarwolIN.mw IA ; 05 SECTION-SITE wAu rASSSIs ARM TYPICAL _ M ------------- w....n-..vs. + ... ... s. REF-STRUCTRALFOR % bwb• . i I AemA O4NSTISN.SITE wAAL frrl&m o9 PosemYMrAHIr-- ASfA`02wawww SLAN-AecrSlraAlAl� Or'Ilew rasultuwwell ACCpS�P\ "`•.•. r., �7 w n. i_,_ -'_ BA.01 EXHIBIT B 71 f. 14, . a . x ,o- W „ z £ S " . y I � p { r ,F a W- ,:sue ,rr , Rendering showing the new beach access ramp and stairs, with the Fish House building partially demolished to the floor deck. v w Js s SNARE�� SITE p`CCFSS sEMENS E pEp GATE'' " �RE ORES OCEAN S pU8 LIC AGCEsS SE EST EA SC CA EC t i 1 OCEAN SHO�R co Legend LOCATION MAP 1590-00-9705 `r VACATION OF EASEMENT REQUEST 1590-10-0956 FOR �o WESTMINSTER CANTERBURY Public Access Easement To Be Vacated v GPIN: 1590-00-9705 Public Access Easement To Be Dedicated V Feet City Property 0 50 100 200 Prepared by P.W./Eng./Eng. Support Services Bureau 10/25/2023 X:\CADD\Projects\NRC Files\AGENDA MAPSA 590-00-9705\1 590-00-9705.mxd 13 Disclosure Statement X Ciry Qt Virgini l Ha0i Planning & Community riles Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board, commission or other body. Applicant Disclosure Applicant Name Westminster-Canterbury on Chesapeake Bay Does the applicant have a representative? ■ Yes ❑ NO • If yes,list the name of the representative. J.Benjamin Unkle,Jr.President and CEO Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? M Yes ❑ NO • If yes,list the names of all officers, directors,members,trustees,etc. below. (Attach a list if necessary) See attachment. • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) See attachment. "Parent-subsidiary relationship" means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. z"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11,09.2020 1 1 P a g e Disclosure Statement city of Piryirert Bft:rh Planning & Community Aj Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑ Yes ® No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ® Yes ❑ No • If yes,identify the financial institutions providing the service. See attachment 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ® No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ® Yes ❑ NO • If yes,identify the firm and individual providing the service. See attachment. 4. Does the applicant have services from an•architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ® Yes ❑ NO • If yes,identify the firm and individual providing the service. See attachment. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes ® NO • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 1 P a g e Disclosure Statement x1 _ = City i J Virg a i Btud". Planning & Commu Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? V Yes ❑ NO • If yes, identify the company and individual providing the service. See attachment. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ® Yes ❑ NO • If yes,identify the firm and individual providing the service. Kimley-Horn(Civil Engineer), WPL(Survey) 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes ❑ NO • If yes, identify the firm and individual providing the service. R J Nutter, RJN Law LLC. See attached for firms and individual providing additional legal services. Applicant Siltnature I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. 1-011 Applica i ure Pri a and Title J enjamin e,Jr., President and CEO Date f l -i f 14 a Is the applicant also the owner of the subje operty? ® Yes ❑ No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes as of 77 Signature Print Name Revised 11.09.2020 3 1 P a g e Disclosure Statement W Ot a of Virginia BRich _ Planning & Community Development Continue to Next Page for Owner Disclosure NOTE: OWNER IS SAME AS APPLICANT Revised 11.09.2020 4 P a g e WESTMINSTER-CANTERBURY ON CHESAPEAKE BAY BOARD OF TRUSTEES Officers Lisa B. Smith,,Chair Richard C. Burroughs,Vice Chairman John D. Cavanaugh,CPA, Treasurer Lisa B. Smith, Esquire, Secretary J. Benjamin Unkle, Jr., President & CEO David B. Myers, Chief Financial Officer &Assistant Treasurer Dr. Victoria Crenshaw, Assistant Secretary& VP of Resident& Health Operations Mark Borst, VP of Development & General Services Board of Trustees Richard C. Burroughs John D. Cavanaugh, CPA Lisa B. Smith, Esquire Dr. Townsend Brown, Jr., DDS PC Clint Damuth Ronald "Ron" C. Ripley Charles D. Robison George 1. Compo Bob Taylor Dr. George Wong Katherine C. Willis Elwood B. Boone, III The Rev. Albert G. Butzer, III Theresa "Terry" Whibley Armistead Williams Ex-Officio The Rt. Rev. Susan Haynes The Rev. Liza Hendricks, General Presbyter 1-1 802 1 20.1 WESTMINSTER-CANTERBURY ON CHESAPEAKE BAY SECTION 3—SERVICE PROVIDERS 1. Accounting Services: Jeremy Hicks, CPA, Principal Clifton LarsonAllen 227 West Trade Street, Suite 800 Charlotte, NC 28202 704-998-5259 2. Financing Services: Senior Managing Underwriter: Tad Melton Adam Garcia Ziegler Ziegler 5701 Patterson Avenue, Suite 200 5701 Patterson Avenue, Suite 200 Richmond,VA 23226 Richmond, VA 23226 804-793-8487 804-793-8487 1-1801264.1 3. Legal Services: Bond Counsel: General Counsel: Thomas William (TW) Bruno Hugh L. Patterson McGuire Woods LLP Willcox& Savage, P.C. 800 East Canal Street 440 Monticello Avenue Richmond, VA 23219 Suite 2200 804-775-1853 Norfolk, VA 23510 757-628-5557 Brian C. Purcell Willcox & Savage, P.C. 757-628-5688 Stephen W. Brewer Willcox & Savage, P.C. 757-628-5595 Underwriter's Counsel: Kevin White,Butler Snow, LLP 919 East Main Street,Suite 600 Richmond,Virginia 23219 804-762-6036 Trustee: Nancy Blodinger U.S. Bank 1021 East Cary Street, Suite 1850 Richmond,VA 23219 704-771-7934 2 1-1801264.1 4. Construction Services General Contractor John Berotti The Whiting-Turner Contracting Company 1317 Executive Boulevard, Suite 120 Chesapeake, VA 23320 757-382-0002 5. Design Services Architect David Dillard HKS Inc. P. 0. Box 731121 Dallas, TX 75373-1121 214-969-5599 3 1-1801264.1 y`y N i4�. i f• CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a License Agreement with Starbucks Corporation for the Use of Approximately Fifty (50) Square Feet of City-owned Property for an Outdoor Seating Area at 31 Ocean PUBLIC HEARING DATE: November 14, 2023 MEETING DATE: November 21, 2023 ■ Background: Since 2008, Starbucks Corporation ("Starbucks") has licensed from the City an outdoor seating area of approximately fifty (50) square feet located immediately in front of and under the roof-line of the Starbucks store located at 31 Ocean, 241 Laskin Road, Virginia Beach, Virginia (the "Licensed Area"). Starbucks proposes to enter into a new license agreement for the Licensed Area from the City for a one (1) year term with four (4) one-year renewal options. Starbucks would be allowed to place tables and chairs in the Licensed Area and be responsible for the maintenance of the Licensed Area. Starbucks would be required to comply with other regulations consistent with other outdoor seating areas throughout the City. Use of the Licensed Area has been treated as a license agreement and not as a cafe franchise because: (a) this property is not located in the right-of-way; and (b) Starbucks will not provide table service to the Licensed Area. ■ Considerations: Starbucks has agreed to pay an initial rental rate of$1,168.56 annually for the first year of the agreement, with that amount increasing by three percent (3%) each successive year. The license agreement would be consistent with other uses at the 31 Ocean development. ■ Public Information: Notice of Public Hearing will be advertised in The Virginian-Pilot on November 5, 2023. Public notice will be provided via the normal City Council agenda process. ■ Alternatives: Approve License as presented, change conditions of the License or deny licensing of the space. i Attachments: Ordinance, Summary of Terms, Location Map, and Disclosure Statement Recommended Action: Approval y Submitting Department/Agency: Convention and Visitors Bureau City Manager:09 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LICENSE AGREEMENT 3 WITH STARBUCKS CORPORATION FOR THE USE 4 OF APPROXIMATELY FIFTY (50) SQUARE FEET 5 OF CITY-OWNED PROPERTY FOR AN OUTDOOR 6 SEATING AREA AT 31 OCEAN 7 8 WHEREAS, since 2008, Starbucks Corporation ("Starbucks"), has licensed from 9 the City an outdoor seating area of approximately fifty (50) square feet located 10 immediately in front of and under the roof-line of the Starbucks store located at 31 11 Ocean, 241 Laskin Road, Virginia Beach, Virginia (the "Licensed Area"); 12 13 WHEREAS, Starbucks proposes to enter into a new license agreement for the 14 Licensed Area from the City for a one-year term with four one-year renewal options; 15 16 WHEREAS, the Licensed Area would continue to be used by Starbucks as a 17 seating area for its customers, and for no other purpose; and 18 19 WHEREAS, the Convention and Visitors Bureau's Resort Management Office 20 recommends that the City enter into a license agreement with Starbucks in accordance 21 with the Summary of Terms, attached hereto. 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH: 25 26 That the City Manager is hereby authorized to execute a license agreement for a 27 one-year term, with four one-year renewal options, between Starbucks Corporation and 28 the City, for the Licensed Area, in accordance with the Summary of Terms attached 29 hereto as Exhibit A, and made a part hereof, and such other terms, conditions or 30 modifications as may be acceptable to the City Manager and in a form deemed 31 satisfactory by the City Attorney. 32 33 Adopted by the City Council of Virginia Beach, Virginia on this day of 34 , 2023. Approved as to Content: Approved as to Legal Sufficiency: Convention and Visitors Bureau City Attorney's Office Resort Management CA 16062 tkvbgov.comldls1�applicatonslcirylaMcycom321wpdocs1dO231p045100921581.doc R-1 October 30, 2023 EXHIBIT A SUMMARY OF TERMS LICENSE FOR STARBUCKS CORPORATION TO USE 50 SQUARE FEET OF CITY-OWNED REAL PROPERTY AT 31 OCEAN LICENSOR: City of Virginia Beach LICENSEE: Starbucks Corporation, a Washington corporation PREMISES: 50 square feet of City-owned property located immediately in front of and under the roof-line of the Starbucks store located at 31 Ocean, 241 Laskin Road, Virginia Beach, Virginia 23451 INITIAL TERM: December 1, 2023 through November 30, 2024 RENEWAL: Four optional one-year terms TERMINATION: City shall have the right to terminate if necessary for a public purpose by giving sixty (60) days' notice. RENT: Initial Term: $1,168.56 per year 1 st optional renewal - $1,203.62 per year. 2"d optional renewal - $1,239.73 per year. 3rd optional renewal - $1,279.92 per year. 4th optional renewal - $1,315.23 per year. RESTRICTIONS ON USE OF LICENSED AREA: • Any live or recorded music played in the Licensed Area shall conform to the City's Cafe Guidelines for entertainment or live music. • Materials placed in Licensed Area must be approved by the City and no logos other than Starbucks' logo shall be permitted. • All items placed in the Licensed Area must be removed each night at the close of business. • No extraneous items such as menu boards, signs or portable heaters in the Licensed Area shall be permitted. • Solicitation for tips or the posting or dissemination of printed material in the Licensed Area is prohibited. LOCATION MAP r TaxParcel:�~ � 31011 AATLMTIOCOA� S TaxParcel: p , '4 24230263600WO ` ` s 7 Tax Parcel: \3100 ATLANTIC AYE i 1, 0- 24280232760000 w 1 210 LASWN RD Tax Parcel: 2428024274D000 TaxParcei 1i Ci► � 02530000 ,1� w, +, 2428027242000 N RD STE w O SOO 3g9.� f -µ._.- q � rn + -T-a 242802701 Z•-�"r �-�► , m TLANT C TaxxParcell: 205pQR 2 AND p + j + ~ TaxPareet ' 24,2631' 9480000 3012 PACIFIC AUE ; t Censed Areaproposed U _ fit,Outdoor rot. seating) p v tApPr .LO�n� - pp J • pp 4 242TT 15�61e0000 3026 ATLANTIC AYE 399 Disclosure statement Cify of t'frtieri ltaa� Planning &Communi - Development- The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board, commission or other body. Applicant Disclosure Applicant Name Starbucks Corporation(dba Starbucks#8888) Does the applicant have a representative? ® Yes ❑ No • If yes,list the name of the representative. Tony Schierberl Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? M Yes ❑ NO • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Tony Schierberl See attached for additional names. • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) See attached store list '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 11 P a g e Disclosure Statement i:ic��of vvyn�r Nxxii Planning & Community _ Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑ Yes m No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes Q No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes FR No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes o No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes ® No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes ® No • If yes,identify the purchaser and purchasers service providers. Revised 11,09.2020 2 1 P a � e Disclosure Statement YogirU BcxA Planning &Community Develop 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes FS No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® NO • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature Tony Schierberl, Manager,Lease Portfolio Management Print Name and Title 11/06/2023 Date - Is the applicant also the owner of the subject property? ❑ Yes K NO • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications Ll No changes as of Date Signature Print Name Revised 11.09.2020 3 1 P a g e Disclosure Statement ('ir p cy l'iryinw Raafz Planning& Community Development Continue to Next Page for Owner Disclosure Revised 11.09.2020 4 P a g e Disclosure Statement (1l�(Of{7RJRIM�7t►�i Planning & Communi Developmen - Owner Disclosure �.., .f Owner Name City of Virginia Beach Applicant Name Starbucks Corporation (dba Starbucks#8888) Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes ❑ No • If yes,list the names of all officers,directors, members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes ❑ No • If yes,what is the name of the official or employee and what is the nature of the interest? '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. °"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 5 1 P a g e Disclosure Statement Planning & Community Development s� Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ❑ No If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ NO • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ NO • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑ Yes ❑ NO • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes ❑ NO • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes ❑ NO • If yes,identify the firm and individual providing the service. Revised 11.09.2020 6 1 P a g e Disclosure StatementVB ('ity of 1'inyinnr Bwch _ Planning& Communi Develop __n_ 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes ❑ No If yes,identify the firm and individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner Signature Print Name and Title Date Revised 11.09.2020 7 P a g e Entity Information Entity Information Entity Name: STARBUCKS CORPORATION Entity ID: F1114984 Entity Type: Stock Corporation Entity Status: Active Series LLC: N/A Reason for Status: Active and In Good Standing Formation Date: N/A Status Date: 08/06/1992 VA Qualification Date: 08/06/1992 Period of Duration: Perpetual Industry Code: 0 - General Annual Report Due Date: N/A Jurisdiction: WA Charter Fee: $2500.00 Registration Fee Due Date: Not Required Registered Agent Information RA Type: Entity Locality: RICHMOND CITY RA Qualification: BUSINESS ENTITY THAT IS AUTHORIZED TO TRANSACT BUSINESS IN VIRGINIA Name: CORPORATION SERVICE Registered Office Address: 100 Shockoe Slip FI 2, Richmond, COMPANY VA, 23219 -4100, USA Privacy Policy(https://www.scc.virginia:gov/privacy.aspz) Contact Ui-(htt'p—s-'//www.s-cc.-virginia-.g-ov/clk/61k—contii6t.efspx) Principal OffPgWd'iW.facebook.comNirginiaStateCorporationCommission) (https://twitter.comNAStateCorpComm) Address: 2401 Utah Ave S Ste 800, MS:S- LA1, Seattle,WA, 98134 - 1435, USA Principal Information Last Title Director Name Address Updated Yes Andrew Campion 2401 Utah Ave S, Suite 800, Seattle, WA, 98134 - 1435, USA 09/01/2023 Yes Beth Ford 2401 Utah Ave S Ste 800, MS:S-LA1, Seattle,WA, 98134 - 09/01/2023 1435, USA Yes Howard Schultz 2401 Utah Ave S, Seattle,WA,98134 - 1435, USA 09/01/2023 Vice President No Joanie Kim 2401 Utah Ave S Ste 800, MS:S-LA1, Seattle,WA, 98134- 09/01/2023 1435, USA Yes Jorgen Vig 2401 Utah Ave S Ste 800, MS:S-LA1, Seattle,WA, 98134 - 09/01/2023 Knudstorp 1435, USA Assistant Secretary No Josh Gaul 2401 Utah Ave S Ste 800, MS:S-LA1, Seattle,WA, 98134 - 09/01/2023 1435, USA Vice President No Julie Wieting 2401 Utah Ave S Ste 800, MS:S-LA1, Seattle, WA, 98134 - 09/01/2023 1435, USA Chief Executive Officer Yes L.axman Narisimhan 2401 Utah Ave S Ste 800, MS:S-LA1, Seattle,WA, 98134- 09/01/2023 1435, USA Privacy Policy (https://www.scc.virginia.gov/privacy.aspx) Contact Us (https://www.scc.virginia.gov/clk/clk_contact.aspx) (https://www.faGebook.comNirginiaStateCorporationCommission) (https://twifter.com/VAStateCorpComm last Title Director Name Address Updated Yes Mellody Hobson 2401 Utah Ave S Ste 800, MS:S-LA1, Seattle,WA, 98134 - 09/01/2023 1435, USA Vice President, No Petr Filipovic 2401 Utah Ave S Ste 800, MS:S-LA1, Seattle,WA, 98134 - 09/01/2023 Treasurer 1435, USA Yes Richard E Allison Jr. 2401 Utah Ave S Ste 800, MS:S-LA1, Seattle,WA, 98134 - 09/01/2023 1435, USA Yes Satya Nadella 2401 Utah Ave S Ste 800, MS:S-LA1, Seattle, WA, 98134 - 09/01/2023 1435, USA Current Shares Total Shares: 2407500000 Filing History RA History Name History Previous Registrations Garnishment Designees Image Request Back Return to Search (Return to Results, Back to Login Privacy Policy(https://www.scc.virginia.gov/privacy.aspx) Contact Us(https:Nwww.scc.virginia.gov/clk/clk_contact.aspx) Starbucks Corporation Virginia Beach Locations 8888 31 Ocean 241 Laskin Road Virginia Beach VA 23451 7542 Fordham Dr.&Kempshver Drive 1390 Fordham Drive Virginia Beach VA 23464 7720 Lynnhaven Mall 701 Lynnhaven Pkwy Virginia Beach VA 23452 7756 Red Mill Commons 1169 Nimmo Parkway Virginia Beach VA 23456 7766 Princess Anne 2005 Lynnhaven Parkway Virginia Beach VA 23456 7894 Little Neck 3504 Virginia Beach Blvd Virginia Beach VA 23452 7911 Independence Blvd&Investors Place 465 INVESTORS PLACE Virginia Beach VA 23452 9678 Phoenix Ave and Lynnhaven Parkway 660-101 Phoenix Avenue Virginia Beach VA 23452 9731 Virginia Beach&Independence Blvd 233 Independence Blvd. Virginia Beach VA 23462 10092 Northampton Blvd. 5824 Northampton Blvd. Virginia Beach VA 23455 11210 Hilltop North 1612 Laskin Road Virginia Beach VA 23451 14418 Landstown Commons 3376 Princess Anne Rd Virginia Beach VA 23456 1702C Haygood Road and Independence Blvd 1099 Independence Blvd Virginia Beach VA 23455 18276 Providence&Kempsville-VA BEACH 5232A Providence Road Virginia Beach VA 23464 19499 London Bridge 2300 Virginia Beach Blvd. Virginia Beach VA 23454 21598 Great Neck&Mill Dam _ 1416 North Great Neck Virginia Beach VA 23454 222641 Holland Century Shoppes 3917 Holland Rd Virginia Beach VA 23452 60180 S.Witchduck&Princess Anne Road 5152 Princess Anne Road Virginia beach VA 23462 62735 General Booth&Nimmo,Hickman Place 2160 General Booth Blvd Virginia Beach VA 23454 62827 First Colonial Rd&Donna Dr. 561 First Colonial Rd Virginia Beach VA 23451 62898 Princess Anne&Landstown Center 11933 Landstown Center Way Virginia Beach VA 23456 67668 Kings Grant 13217 Virginia Beach Blvd Virginia Beach VA 23452 Entity 1D Entity Name Name Type Entity Type Principal Office Address RA Name Status Fl114984 TEAVANA(ARLINGTON CO) Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LA.I, CORPORATION SERVICE Active Name Corporation Seattle,WA,98134-1435,USA COMPANY Fl 114994 TEAVANA(CHESTERFIELD CO) Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LA.I, CORPORATION SERVICE Active Name Corporation Seattle,WA,98134-1435,USA COMPANY F1114994 TEAVANA(FAIRFAX CO) Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LA1, CORPORATION SERVICE Active Name Corporation Seattle,WA,98134-1435,USA COMPANY F1114994 TEAVANA(HAMPTON CI) Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LAI, CORPORATION SERVICE Active Name Corporation Seattle,WA,98134-1435,USA COMPANY Fl 114994 TEAVANA(HENRICO CO) Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LA1, CORPORATION SERVICE Active Name Corporation Seattle,WA,98134-1435,USA COMPANY Fl 114984 TEAVANA(LOUDOUN CO) Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LA.1, CORPORATION SERVICE Active Name Corporation Seattle,WA,98134-1435,USA COMPANY F1114984 TEAVANA(NORFOLK CI) Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LAI, CORPORATION SERVICE Active Name Corporation Seattle,WA,98134-1435,USA COMPANY TEAVANA(SPOTSYLVANIA Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LA1, CORPORATION SERVICE F1114984 CO) Name Corporation Seattle,WA,98134-1435,USA COMPANY Active F1114984 STARBUCKS Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LA1, CORPORATION SERVICE Active Name Corporation Seattle,WA,98134-1435,USA COMPANY Fl 114984 STARBUCKS#7706 Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LAI, CORPORATION SERVICE (ARLINGTON CO) Name Corporation Seattle,WA,98134-1435,USA COMPANY Active STARBUCKS#8773(PRINCE Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LAI, CORPORATION SERVICE Fl l 14984 WILLIAM CO) Name Corporation Seattle,WA,98134-1435,USA COMPANY Active FI 114984 STARBUCKS COFFEE Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LA1, CORPORATION SERVICE Active Name Corporation Seattle,WA,98134-1435,USA COMPANY F1114994 Starbucks Coffee#57694 Fictitious Stock 2401 Utah Ave S Ste 900,MS:S-LAI, CORPORATION SERVICE Active Name Corporation Seattle,WA,98134-1435,USA COMPANY Fl 114984 STARBUCKS COFFEE#710 Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LA1, CORPORATION SERVICE (FAIRFAX CO) Name Corporation Seattle,WA,98134-1435,USA COMPANY Active F1114984 STARBUCKS COFFEE#727 Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LAI, CORPORATION SERVICE (FAIRFAX CO) Name Corporation Seattle,WA,98134-1435,USA COMPANY Active F1114984 STARBUCKS COFFEE Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LAI, CORPORATION SERVICE ALBEMARLE ctive ( CO)) Name Corporation Seattle,WA,98134-1435,USA COMPANY F1114984 STARBUCKS COFFEE(YORK Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LAI, CORPORATION SERVICE CO) Name Corporation Seattle,WA,98134-1435,USA COMPANY Active F1114984 STARBUCKS COFFEE Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LA1, CORPORATION SERVICE Active COMPANY Name Corporation Seattle,WA,98134-1435,USA COMPANY F 1114994 STARBUCKS COFFEE Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LA 1, CORPORATION SERVICE ENRICO ame Co Active COMPANY(II CO)) Corporation Seattle,WA,98134-1435,USA COMPANY F1114984 STARBUCKS COFFEE Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LAI, CORPORATION SERVICE Active COMPANY(ROANOKE CO) Name Corporation Seattle,WA,98134-1435,USA COMPANY F1114994 STARBUCKS COFFEE#58171 Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LAI, CORPORATION SERVICE CAMPBELL o Active ( CO)) Name Corporation Seattle,WA,98t34-1435,USA COMPANY Fl 114994 Starbucks Coffee#60180 Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LA1, CORPORATION SERVICE Active Nana Corporation Seattle,WA,98134-1435,USA COMPANY F1114984 STARBUCKS COFFEE#60629 Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LAI, CORPORATION SERVICE TINSVILLE C Active (MAR I) Name Corporation Seattle,WA,98134-1435,USA COMPANY F1114984 Starbucks Coffee#62827 Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LAI, CORPORATION SERVICE Name Corporation Seattle,WA,98134-1435,USA COMPANY Active F1114984 Starbucks Coffed163947 Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LAI, CORPORATION SERVICE Active Name Corporation Seattle,WA,98134.1435,USA COMPANY Fl 114984 Starbucks Coffee#64841 Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LA1, CORPORATION SERVICE Active Name Corporation Seattle,WA,98134-1435,USA COMPANY F1114994 Starbucks Coffee#65192 Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LAI, CORPORATION SERVICE Name Corporation Seattle,WA,98134-1435,USA COMPANY Active Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LAI, CORPORATION SERVICE Fl 114984 Starbucka Coffee#65230 Name Corporation Seattle,WA,98134-1435,USA COMPANY Active F1114994 Starbucks Coffee#66358 Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LAI, CORPORATION SERVICE Active Name Corporation Seattle,WA,98134-1435,USA COMPANY F1114984 Starbucks Coffco#66416 Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LAI, CORPORATION SERVICE Active Name Corporation Seattle,WA,98134-1435,USA COMPANY F1114994 Starbucks Coffee#67477 Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LAI, CORPORATION SERVICE Active Name Corporation Seattle,WA,98134-1435,USA COMPANY F1114994 Starbucks Coff6e#67490 Fictitious Stock 2401 Utah Ave S Ste 900,MS:S-LAI, CORPORATION SERVICE Active Name Corporation Seattle,WA,98134-1435,USA COMPANY F1114984 Starbucks Coffee#67640 Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LAI, CORPORATION SERVICE Active Name Corporation Seattle,WA,98134-1435,USA COMPANY F1114994 Statbucks Coffee#67642 Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LA1, CORPORATION SERVICE Active Name Corporation Seattle,WA,98134-1435,USA COMPANY F1114984 Starbucks Coffee#67668 Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LAI, CORPORATION SERVICE Active Name Corporation Seattle,WA,98134-1435,USA COMPANY F1114984 Starbucks Coffee#67827 Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LAI, CORPORATION SERVICE Active Name Corporation Seattle,WA,98134-1435,USA COMPANY Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LAI, CORPORATION SERVICE F 1114984 Starbucka Coffedt68575 Name Corporation Seattle,WA,98134-1435,USA COMPANY Active F1114994 STARBUCKS COFFEE#69299 Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LAI, CORPORATION SERVICE Active Name Corporation Seattle,WA,98134-1435,USA COMPANY F1114984 Starbucks Coffee#69864 Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LAI, CORPORATION SERVICE Active Name Corporation Seattle,WA,98134-1435,USA COMPANY F1114994 Starbucks Coffee#71981 Fictitious Stock 2401 Utah Ave S Ste 900,MS:S-LAl, CORPORATION SERVICE Name Corporation Seattle,WA,98134-1435,USA COMPANY Active F1114984 Starbucks Coffee#77789 Fictitious Stock 2401 Utah Ave S Ste 800,MS:S-LAI, CORPORATION SERVICE Active Name Corporation Seattle,WA,98134-1435,USA COMPANY F1114984 STARBUCKS CORPORATION Legal Name Stock 2401 Utah Ave S Ste 800,MS:S-LAI, CORPORATION SERVICE Active Corporation Seattle,WA,98134-1435,USA COMPANY ,`pC\lilA Bf,Cy. F 7,. c`4 J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance authorizing the City Manager to execute a lease for up to five (5) years with Earth in Motion LLC, for City-owned land located at 1401 Southern Boulevard PUBLIC HEARING DATE: November 14, 2023 MEETING DATE: November 21, 2023 ■ Background: The City of Virginia Beach (the "City") owns a 9.7± acre parcel of land located at 1401 Southern Boulevard (GPIN: 2417-24-1080 (the "Premises"). The City acquired the Premises for the Southeastern Parkway Project (CIP 2-089) in February of 2007, and the Premises has been leased to various tenants in the interim. The City issued a Request for Proposal to lease the Premises, and Earth in Motion LLC ("EIM") responded with a proposal to lease the Premises for up to 5 years to store equipment and materials and for use as a laydown yard. EIM was the only respondent. ■ Considerations: The proposed lease term would be for three (3) years. After the initial term, EIM may extend the lease, subject to the City's consent, for two successive one-year terms. EIM will pay the City $5,000 per month ($60,000 per year) for the first year, with a 3% escalation each year thereafter. EIM would also be responsible for the leasehold taxes on the Premises. The Premises is located in Accident Potential Zone-1, and the proposed use is compatible. ■ Public Information: Notice of the Public Hearing was advertised in The Virginian-Pilot on November 5, 2023. A public hearing was held on November 14, 2023 and public notice will be provided via the normal City Council agenda process. ■ Alternatives: Alter terms of proposed lease, or decline to lease the Premises. ■ Recommendations: Approval. ■ Attachments: Ordinance, Summary of Terms, Location Map, and Disclosure Statement. Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager: f�o 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR UP 3 TO FIVE (5) YEARS WITH EARTH IN MOTION 4 LLC, FOR CITY-OWNED LAND LOCATED AT 5 1401 SOUTHERN BOULEVARD 6 7 WHEREAS, the City of Virginia Beach (the "City") owns property located at 8 1401 Southern Boulevard (GPIN: 2417-24-1080) (the "Premises"); 9 10 WHEREAS, through a Request for Proposal process, Earth in Motion LLC 11 ("EIM") was chosen as the candidate to lease the Premises; 12 13 WHEREAS, the City and EIM desire to enter into a lease agreement for EIM's 14 use of the Premises to store equipment and materials and as a laydown yard, and for no 15 other purpose; and 16 17 WHEREAS, EIM has agreed to pay the City an annual lease amount at 18 market rates, for a term of three (3) years with two (2) optional renewal terms of one (1) 19 year each, subject to the City's consent, as shown on the Summary of Terms attached 20 hereto as Exhibit A. 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 23 OF VIRGINIA BEACH, VIRGINIA: 24 25 That the City Manager, or his authorized designee, is hereby authorized to 26 execute a lease agreement between EIM and the City for the Premises, in accordance with 27 the Summary of Terms attached hereto as Exhibit A and made a part hereof, and such 28 other terms and conditions deemed necessary and sufficient by the City Manager and in a 29 form deemed satisfactory to the City Attorney. 30 31 Adopted by the Council of the City of Virginia Beach, Virginia, on the 32 day of , 2023. CA16255 R-1 Prepared: 11/1/23 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: �GlGII�G>'�r�!yn/ P LI WORK , REAL ESTATE �ELIZABETH S. CHUPIK ASSOCIATE CITY ATTORNEY EXHIBIT A SUMMARY OF TERMS LEASE FOR CITY-OWNED PROPERTY LOCATED AT 1401 SOUTHERN BOULEVARD LESSOR: City of Virginia Beach ("City") LESSEE: Earth in Motion LLC PREMISES: 1401 Southern Boulevard Approximately 9.7± acres (GPIN: 2417-24-1080) TERM: Three (3) years beginning December 1, 2023 through November 30, 2025, with two (2) successive one-year renewals, subject to City's consent RENT: $5,000 per month ($60,000 per year); 3% annual escalation RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for storage of construction materials and equipment and as a laydown yard, and for no other purpose • Maintain and secure Premises, as necessary • Establish erosion control measures and grade the Premises for property drainage • Will be responsible for maintenance and/or repair of the Premises arising out of Lessee's use of the Premises • Maintain Worker's Compensation Insurance as required under Title 65.2 of the Code of Virginia. • Maintain commercial general liability insurance in a minimum amount of $1,000,000 • Maintain pollution Liability Insurance in the amount of not less than $5,000,000 • Maintain Automobile Liability Insurance including coverage for non-owned and hired vehicles in an amount not less than Five Hundred Thousand and No/100 Dollars ($500,000) combined single limits (CSL). • Will be responsible for leasehold taxes on the Premises RIGHTS AND RESPONSIBILITIES OF CITY: • Reserve the right to grant easements and rights-of-way across or upon the Premises for streets, alleys, public highways, drainage facilities, utilities, telephone and telegraph transmission lines, pipelines, and similar purposes • Renewal terms are subject to City's consent • City can terminate upon 180 days' written notice for any purpose and upon 30 days' written notice for a public purpose fill.3 h M 6 � e wm - .."qllmllmw'�BARTOWIPL s ,mow OHIO AVE p ._ INDIANAAVEWW ■1� Z # ca>n z E •. why 41 SOUTHERN BLV _ a.a 4 + t1 t JENSEN DR t k J _ O Legend _ Property LOCATION MAP City CITY OWNED PROPERTY 2417-24-1080 G ,'' GPIN 2417-24-1080 Feet ` 0 200 400 800 Prepared by P.WIEng.,Eng.Support Services Bureau 09M12017 XACADDIProjectMARC FIIe"GENDA MAPS\City Property12417-24-1080Aerial Location of leased property: � o is 6 •;�'y'i�!' i kN r t a , r , j ti ter. `i 4 Disclosure Statement W City of�iTyinia B"h Planning & Community Development 1000 The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Earth in Motion Does the applicant have a representative? ❑ Yes 0 NO • If yes, list the name of the representative. Bill DeSteph Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?0 Yes ❑ NO • If yes,list the names of all officers,directors,members,trustees,etc. below. (Attach a list if necessary) Bill Desteph - Managing Partner Tyler Johnson - Member • If yes, list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) "'Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than SO percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 11 P a g e Disclosure Statement W City of Wr*nia Burch Planning & Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑ Yes 0 No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes [2 No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes [2 No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?Q Yes ❑ NO • If yes,identify the firm and individual providing the service. Cherry Beakart,LC-Kurt Taves 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 2 No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes [2 No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 1 P a g e Disclosure Statement XB rcy oft u9im a-a, Planning & Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?Q Yes ❑ NO • If yes,identify the company and individual providing the service. Bay Legacy Construction - Joe Frampton 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 2 NO • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?12 Yes ❑ NO • If yes,identify the firm and individual providing the service. Williams Mullen - Cartwright Riley Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature Bill Desteph-Managing Partner Print Name and Title Date Is the applicant also the owner of the subject property? ❑ Yes {2 NO • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes as of Date Signature Print Name Revised 11.09.2020 3 1 P a g e Disclosure Statement OWE- A City o/Vaginia Bead! an ARAI Continue to Next Page for Owner Disclosure Revised 11.09.2020 4 Disclosure Statement Am 01 y of Virginia Beach Planning & Community Development Owner Disclosure Owner Name City of Virginia Beach Applicant Name Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes ❑ NO • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes ❑ NO • If yes,what is the name of the official or employee and what is the nature of the interest? "'Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "'Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when (i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 5 1 P a g e Disclosure Statement W City ofvzryrio Bead .. . Planning & Community Development '�,,_.:::...-- Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ❑ No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ NO • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ NO • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑ Yes ❑ NO • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ NO • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes ❑ NO If yes,identify the firm and individual providing the service. Revised 11.09.2020 6 1 P a g e Disclosure Statement W City 4f S bVffiia B-ch Planning &Community L Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes,identify the firm and individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner Signature Print Name and Title Date Revised 11.09.2020 7 1 P a g e u� 4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $18,953,059 to the FY 2023-24 Capital Improvement Program and $1,142,237 to the City's Operating Budget from the Sale of Easements for an Electric Transmission Corridor for the Coastal Offshore Wind Project to Dominion Energy Virginia PUBLIC HEARING DATE: November 14, 2023 MEETING DATE: November 21, 2023 ■ Background: Virginia Electric and Power Company, a Virginia public service corporation d/b/a Dominion Energy Virginia ("Dominion") is an electric utility company that is constructing the Coastal Virginia Offshore Wind ("CVOW") project to diversify its energy supply and advance the clean energy goals of the Commonwealth of Virginia. CVOW is Dominion's offshore wind project that has received approval from the federal Bureau of Ocean Energy Management and the Virginia State Corporation Commission to develop a 176-turbine wind farm approximately 27 miles off the coast of the City of Virginia Beach (the "City"), as part of state and federal clean energy initiatives. For the operation of CVOW, Dominion is seeking to run electric transmission cables approximately 13 miles from its cable landing location at the State Military Reservation, located just south of Croatan Beach, to Dominion's existing Fentress substation in Chesapeake. More specifically, Dominion proposes to run underground cables from the landing location through property operated by the Virginia Aquarium, and overhead cables from Harpers Road through City-owned property and public rights-of-way for approximately 9 miles to the border of Chesapeake (the "Proposed Easement Corridor'), much of which follows the alignment of the former Southeastern Parkway and Greenbelt ("SEPG") as shown in the City' s Master Transportation Plan. The sale of easements (collectively, the "Easements") across 25 City-owned parcels for the construction, maintenance, and operation of underground and overhead cables and related facilities within the Proposed Easement Corridor to Dominion Energy was approved by the City Council on October 24, 2023. Dominion Energy is also including a tree mitigation fee to clear trees before constructing overhead cables and related facilities. The City retains the right to maintain its existing public facilities, infrastructure, and uses that are located within the Proposed Easement Corridor and would establish a system to efficiently obtain Dominion's consent to locate future facilities, infrastructure, and uses within the Proposed Easement Corridor that do not interfere with Dominion's facilities. The public's access to, and existing use of, the Aquarium, public parks, and other public areas would not be affected once construction of the CVOW project is complete. The City also retains ownership of at least 150 feet of the 300- foot wide former SEPG corridor for future uses. ■ Considerations: The City will receive a total of $20,095,296 in revenue from the sale of the easements. $1 ,142,237 will be appropriated to the Department of Parks and Recreation Operating Budget for tree mitigation. The remaining $18,953,059 will be appropriated to the City's Capital Improvement Program to support various transportation related projects as shown below: Project Name CIP Council Total Number District Appropriation Pleasure House Road Improvements 100306 9 $1 ,361,078 Phase II Rosemont Road Phase V 100340 10 & 2 $3,216,506 Shore Drive Corridor Improvements Phase 100381 8 $2,236,872 III Shore Drive Corridor Improvements Phase 100383 9 $6,983,544 IV Traffic Safety Improvements IV 100423 Citywide $4,253,059 Virginia Beach Trail 100644 1 & 4 $902,000 Total $18,953,059 This funding will provide additional resources to fund immediate needs to progress design and/or construction for projects already included within the City's Capital Improvement Program. ■ Public Information: The following public sessions have been held related to the sale of the Easements to Dominion Energy: • A public briefing was given to the City Council on September 19, 2023. • A public hearing was advertised in the Virginian-Pilot on September 24, 2023, and held on October 3, 2023, prior to the approval of the sale of the easements on October 24, 2023. • A public hearing was advertised in the Virginian-Pilot on October 29, 2023, and held on November 14, 2023, related to the appropriation of revenue from the sale of the easements. Public information will also be provided through the normal City Council agenda process. ■ Recommendation: Adopt the attached ordinance. ■ Attachments: Ordinance, CIP Detail Sheets (6) Recommended Action: Approval Submitting Department/Agency: Public Works City Manager:( W 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $18,953,059 TO THE FY 2023-24 CAPITAL IMPROVEMENT 3 PROGRAM AND $1 ,142,237 TO THE CITY'S OPERATING 4 BUDGET FROM THE SALE OF EASEMENTS FOR AN 5 ELECTRIC TRANSMISSION CORRIDOR FOR THE 6 COASTAL OFFSHORE WIND PROJECT TO DOMINION 7 ENERGY VIRGINIA 8 9 WHEREAS, Virginia Electric and Power Company, a Virginia public service 10 corporation, d/b/a Dominion Energy Virginia, is an electric utility company that is 11 constructing the Coastal Virginia Offshore Wind project to diversify its energy supply and 12 advance the clean energy goals of the Commonwealth of Virginia, proposed to purchase 13 easements across 25 City-owned parcels for the construction, maintenance, and 14 operation of cables within the electric transmission corridor from the wind farm off the 15 coast of Virginia to the Chesapeake border; 16 17 WHEREAS, the City Council approved the sale of the City easements during the 18 October 24, 2023 City Council meeting; 19 20 WHEREAS, the easement purchase price included $1 ,142,237 for tree mitigation 21 to offset the trees that will be cleared for the project; and 22 23 WHEREAS, because the amount to be appropriated exceeds 1% of the Capital 24 Improvement Program, the City Council conducted a public hearing on November 14, 25 2023. 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA, THAT: 29 30 1. $ $18,953,059 is hereby appropriated, with revenues increased accordingly, to 31 the FY 2023-24 Capital Improvement Program in the following amounts to the 32 following projects: 33 a. $1,361 ,078 to #100306 "Pleasure House Road Improvements Phase ll;" 34 b. $3,216,506 to #100340 "Rosemont Roads Phase V;" 35 c. $2,236,872 to #100381 "Shore Drive Improvements Phase III;" 36 d. $6,983,544 to #100383 "Shore Drive Improvements Phase IV,` 37 e. $4,253,059 to #100423 "Traffic Safety Improvements IV;" and 38 f. $902,000 to #100644 "Virginia Beach Trail." 39 40 2. $1,142,237 is hereby appropriated, with revenues increased accordingly, to the 41 FY 2023-24 Operating Budget of the Department of Parks and Recreation for 42 tree mitigation. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2023. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Bu get and Management Services City-Art orney's Office CA16355 R-1 November 1, 2023 Fiscal Years FY24 through FY29 Capital Improvement Program Project:PG100306 itle:Pleasure House Road Street Improvements Phase II tatus:Approved Category:Roadways Department:Public Works Project Type Project Location Project Type:New Facility Construction/Expansion istrict:9 Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY24 FY25 FY26 FY27 FY28 FY29 Future 18,671,495 1,905,211 16,766,284 Description and Scope This project will provide street and safety improvements,including new curb and gutter,drainage,bike accommodations and a 5-foot concrete sidewalk, or shared use path and bike lanes/pedestrian access along Pleasure House Road,from Shore Drive to Lookout Road,a distance of approximately 1 mile. Street improvements include full roadway reconstruction with pavement widening. Purpose Pleasure House Road does not have a continuous sidewalk on either side of the road.Pedestrians have been observed walking in the street in areas where there is no sidewalk.In addition,the pavement in this area is in extremely poor condition. History and Current Status This project first appeared in the FY 2014-15 CIP.FY 2022-23 through FY 2024-25 funds were deprogrammed and used for other projects in the Roadways CIP,as a result of overall project costs increase related to inflation. Operating Budget Impact Comments FY24 FY25 FY26 FY27 FY28 FY29 Total Operating Budget Impacts Total FTE Project . Schedule of �a°"`��°• Project Activities From-To Amount Design 07/21-06/29 1,929,689 Site Acquisition O1/29-07/29 893,348 Private Utility Adjustments 07/29-10/29 1,286,459 Construction 11/29-07/31 12,864,590 Contingencies 07/21-07/31 1,697,409 i'Ix f r e'k Total Budgetary Cost Estimate: 18,671,495 •ioo3os 4 45iMeans of Financing i Funding Subclass Amount Local Funding 1,905,211 Total Funding: 1,905,211 d Y FY 2023-24 to FY 2028-29 72 Capital Improvement Program Fiscal Years FY24 through FY29 Capital Improvement Program Project:PG100340 itle:Rosemont Road Phase V [Status:Approved Category:Roadways Department:Public Works Project . Project Location - Project Type:New Facility Construction/Expansion istrict:30 Programmed Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY24 FY25 FY26 FY27 FY28 FY29 Future 36,835,814 19,690,000 858,429 1,270,293 11,668,382 3,348,710 Description and Scope VDOT UPC#105623. This project is for the construction of a four-lane divided roadway from Primrose Lane/Harbringer Road to Dam Neck Road,a distance of approximately 1.3 miles.The four-lane divided roadway will include a continuous 30-foot wide sidewalk along the east side of the corridor as well as a 10-foot wide sidewalk along the west side from Faculty Boulevard to Lynnhaven Parkway.This project also includes the upgrade of three existing traffic signals at Buckner Boulevard,Faculty Boulevard/Celtic Drive,and Concert Drive. Purpose and Need This project will improve capacity needs and mobility demands in this area of the city.This corridor includes two segments,Buckner Boulevard to Dam Neck Road and Lynnhaven Parkway to Buckner Boulevard.The 2021 existing volumes are 14,300 vehicle per day for Buckner Boulevard to Dam Neck Road and 17,400 vehicles per day for Lynnhaven Parkway to Buckner Boulevard.By 2040,projected volumes are 17,000 vehicles per day for Buckner Boulevard to Dam Neck Road and 20,000 vehicles per day for Lynnhaven Parkway to Buckner Boulevard.These segments are ranked#18 and#20 respectively of 311 in the 2021 Technical Ranking of Congested Roadway Segments list. History and Current Status This project first appeared in the FY 2013-14 CIP.This project received$3 million in FY 2014-15 Revenue Share funding,$4 million in FY 2016-17 Revenue Share funding,and$2 million in FY 2018-19 Revenue Share funding.The Revenue Sharing awards on this project have been delayed per actions taken by the Commonwealth Transportation Board in December 2020,acting upon power granted by Chapter 56 of the Virginia Acts of Assembly, Special Session I. Operating Based on FY2O.21 VDOT maintenance rates per lane mile of roadway. FY24 FY25 FY26 FY27 FY28 FY29 Total Operating Budget Impacts 62,431 Total FTE - Project • Schedule of Project Activities From-To Amount +g g ........ Design 09/14-07/23 2,077,847 t Site Acquisition 11/22-04/24 7,031,775 Private Utility Adjustments 05/24-04/25 1,012,095 Construction 12/25-11/28 23,365,387 e.. Contingencies 09/14-11/28 3,348,710 °°..•••"° Total Budgetary Cost Estimate: 36,835,814 100340 110„+•a„c we. ' Funding Subclass Amount Local Funding 27,835,814 •b e;Mus �' State Contribution 9,000,000 I,,i.mm eno�er library % C Total Funding: 36,835,814 FY 2023-24 to FY 2028-29 76 Capital Improvement Program Fiscal Years FY24 through FY29 Capital Improvement Program Project:PG100381 itle:Shore Drive Corridor Improvements Phase III [Status:Approved Category:Roadways Department:Public Works Project . Project Location - Project Type:New Facility Construction/Expansion istrict:8 Programmed Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY24 FY25 FY26 FY27 FY28 FY29 Future 48,128,626 45,322,920 665,575 2,140,131 Description This project begins at Vista Circle,near the eastern end of the Lesner Bridge,and extends eastward through the Great Neck Road intersection and terminates at Beech Street.This project will improve vehicular and pedestrian traffic flow and safety in the roadway and intersections;improve storm drainage;include eight-foot sidewalks and on-street bike lanes;and enhance the corridor with aesthetic elements such as landscaping and lighting. Existing aerial utilities will be relocated to a combination of underground locations at intersections and to new overhead locations along the rest of the project corridor. Purpose Shore Drive is a major east-west arterial in the northern portion of the City.The existing roadway carries 33,700 vehicles per day with a current capacity of 36,900 vehicles per day.Without this project,the roadway will continue to experience vehicular,bicyclist,and pedestrian safety incidents and restrict traffic volume due to inadequate stormwater drainage.This project includes stormwater improvement components,including pipe to service pump stations. History and Current Status This project first appeared in the FY 2007-08 CIP.On January 9,2007,City Council established this project with the appropriation of FY 2005-06 fund balance from the General Fund.This project received$5 million in Revenue Sharing from the Commonwealth in FY 2012-13 and an additional$5 million from this source in FY 2017-18.This project was delayed for two years,FY 2012-14,until the Shore Drive Drainage Preliminary Design was completed. Design is underway and will include additional stormwater requirements identified in the preliminary design,supplemental agreements to the design contract,and coordination with the"Eastern Shore Drive Drainage CIP Project." Operating Maintenance costs are estimated based on$10,000 per mile for multi-use trails.The total project length is 1.2 miles. FY24 FY25 FY26 FY27 FY28 FY29 Total Operating Budget Impacts 12,000 12,240 Total FTE ScheduleProject Map of Project Activities From-To Amount Design 06/11-12/22 3,372,955 Site Acquisition 02/22-02/23 4,944,563 K�• �,...•w Private Utility Adjustments 01/23-01/24 2,000,000 o Construction 04/24-07/27 33,742,411 Contingencies 06/11-07/27 4,068,697 Total Budgetary Cost Estimate: 48,128,626 ..*'100381Means 0 of Financing Funding Subclass Amount 'f Local Funding 38,128,626 State Contribution 10,000,000 .w•°�°' Total Funding: 48,128,626 FY 2023-24 to FY 2028-29 82 Capital Improvement Program Fiscal Years FY24 through FY29 Capital Improvement Program Project:PG100383 itle:Shore Drive Corridor Improvements-Phase IV tatus:Approved Category:Roadways Department:Public Works Project Type Project Location Project Type:New Facility Construction/Expansion istrict:9 Programmed Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY24 FY25 FY26 FY27 FY28 FY29 Future 33,590,614 2,648,637 30,941,977 Description This project begins at the Marlin Bay Drive and Sandy Oaks Drive intersection and ends at the west end of the Lesner Bridge.This project will improve vehicular and pedestrian traffic flow and safety in the roadway and intersections;improve storm drainage;include a multi-use trail,five-foot sidewalk and on-street bike lanes;and enhance the corridor with aesthetic elements such as landscaping and lighting.Existing aerial utilities will be relocated to a combination of underground locations at intersections and to new overhead locations along the rest of the project corridor. Purpose and Need Shore Drive is a major east-west arterial in the northern portion of the City.The existing roadway carries 38,800 vehicles per day with a current capacity of 36,900 vehicles per day.Without this project,the roadway will continue to experience vehicular,bicyclist,and pedestrian safety incidents,and restrict traffic volume due to inadequate stormwater drainage. History and Current Status This project first appeared in the FY 2007-08 CIP.On January 9,2007,City Council established this project with the appropriation of FY 2D05-06 fund balance from the General Fund.This project was placed on hold at the Bayfront Advisory Committee's request to re-prioritize"Shore Drive Phase III"in place of this phase.In the FY 2020 CIP,funds were appropriated to this project to initiate project design activities.The Commonwealth Transportation Board has awarded this project$500,000 in Revenue Sharing in FY 2024-25.As an existing Revenue Sharing project,"Shore Drive IV"will receive priority in the next round of Revenue Sharing Awards,currently anticipated to be in the out years of the VDOT's Six-Year Improvement Program and CIP. Therefore,Commonwealth funds were increased in the project and local funds in the outer years of the CIP were redirected and reprogrammed to "Centerville Turnpike Phase II."Outer year funds have also been re-directed to-Elbow II-B;Elbow II-D;Parliament I;Nimmo VII-B and Pungo Ferry projects in the FY 2023-24 CIP. Operating FY24 FY25 FY26 FY27 FY28 FY29 Total Operating Budget Impacts Total FTE Project • Schedule of Project Activities From-To Amount Design 07/10-O1/26 2,648,637 �....... Site Acquisition O1/25-05/26 3,696,375 t Private Utility Adjustments 06/26-06/27 1,333,333 x Construction 01/28-01/31 22,894,940 +y. • r Contingencies 07/10-01/31 3,017,329 Total Budgetary Cost Estimate: 33,590,614 1003l3`� 1 ��.•`� •f Financing r• Funding Subclass Amount Local Funding 2,648,637 t Total Funding: 2,648,637 em+r. c•+cam., FY 2023-24 to FY 2028-29 83 Capital Improvement Program Fiscal Years FY24 through FY29 Capital Improvement Program Project:PG100423 [Title:Traffic Safety Improvements IV tatus:Approved Category:Roadways Department:Public Works Project Type Project Location Project Type:New Facility Construction/Expansion District:Citywide Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY24 FY25 FY26 FY27 FY28 FY29 Future 36,684,781 18,415,419 2,359,928 2,984,959 2,622,192 4,387,253 2,957,515 2,957,51 Description This project provides for modification of existing roadways by constructing turn lanes and bypass lanes,realignment of existing roadways,installing traffic signals,installing guardrails,installing sidewalks,removing visual obstructions,and funding various other traffic safety improvements.This project also provides for collecting traffic data,assessing required roadway capacity,acquiring needed property and easements,and constructing safety improvements.This annual program includes competitively obtained funding for various projects awarded by the Virginia Department of Transportation (VDOT)through the following grant programs:Transportation Alternatives Program(TAP);Bicycle and Pedestrian Safety Improvement Program(BPSP); Congestion Mitigation and Air Quality(CMAQ);and Highway Safety Improvement Program(HSIP). Purpose and Need There are intersections and road segments where minor modifications can increase traffic capacity and safety.Without this project,minor improvements to upgrade existing traffic safety problems cannot be expedited to meet changing traffic demands.This would delay needed minor improvements to the City's Transportation Infrastructure System. History and Current Status This project first appeared in the FY 2016-17 CIP and continues the activities of"Traffic Safety Improvements III."Beginning with the FY 2012-13 and continuing through FY 2029-30,this project will receive funding from Dominion Power for use of property in the Norfolk Southern Right-of-Way.By the agreement,these funds must be used for transportation purposes. Operating FY24 FY25 FY26 FY27 FY28 FY29 Total Operating Budget Impacts Total FTE Project Map Schedule of Project Activities From-To Amount Design 07/16-06/29 5,339,487 Construction 07/16-06/29 27,785,635 Contingencies 07/16-06/29 3,559,658 Total Budgetary Cost Estimate: 36,684,781 Means of Financing NO MAP REQUIRED Funding Subclass Amount Local Funding 30,437,462 Federal Contribution 4,587,123 State Contribution 473,132 Lease of Property 1,178,064 Sale of Property 9,000 Total Funding: 36,684,781 FY 2023-24 to FY 2028-29 86 Capital Improvement Program Fiscal Years FY24 through FY29 Capital Improvement Program Project:PG100644 itle:Virginia Beach Trail talus:Approved Category:Parks and Recreation Department:Parks and Recreation Project Type Project Location Project Type:New Facility Construction/Expansion &strict:4 Programmed Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY24 FY25 FY26 FY27 FY28 FY29 Future 750,000 750,000 Description The proposed 12 mile trail is a 10'wide asphalt path with a 2'wide crush stone shoulder on each side and includes three pedestrian bridges(one over Independence Blvd;two over waterways)travelling within the already acquired former Norfolk Southern Railroad right of way.Additionally,the Virginia Beach Trail travels along two Federally Designated Opportunity Zones and city-designated redevelopment area,and three socio-economically challenged census tracts:thus,providing an equitable solution to the need for transportation alternatives in the City of Virginia Beach.This phase of the project funds the design and construction of a phased section of the proposed VBTrail from Newtown Road to Constitution Drive,or a portion thereof.Construction funding could be leveraged as matching grant dollars when the opportunity arises for this phase,or other phases of the corridor. Purpose The Virginia Beach Trail aligns with two of City Council's top priorities:Transportation and Economic Development.The Virginia Beach Trail is the active transportation alternative to conned our neighborhoods,across the City,region and beyond by means other than the motor vehicle for a shared-use network that supports tourism,locals,pedestrians,and bicyclists.The City's 2016 Comprehensive Plan and its Sustainability Plan,Connections Chapter, have a primary goal to create an inter-connected,multi-modal transportation system providing efficient,safe,and affordable movement city-wide and linking to regional systems.The Virginia Beach Trail has been a priority project in the City's adopted Bikeways and Trails Plans since 1981 and most recently listed in the 2021 Active Transportation Plan.The VBTrail is part of a broader regional and state trail network. History , Current Status The project first appeared in the FY15 CIP as Transit Corridor Development.In FY19CIP,the title was changed to Rail-to-Trail Shared Use Path Development to match the new scope of the project. Now titled Virginia Beach Trail,this project was submitted as an Above Target request for FY21, FY22,and FY23 but was not funded. Operating BudgetImpact To be determined. FY24 FY25 FY26 FY27 FY28 FY29 Total Operating Budget Impacts Total FTE Project Map Schedule of Project Activities From-To Amount Design 07/23-06/24 750,000 Total Budgetary Cost Estimate: 750,000 Means of Financing Funding Subclass Amount NO MAP REQUIRED Federal Contribution 750,000 Total Funding: 750,000 FY 2023-24 to FY 2028-29 252 Capital Improvement Program Hl y Jj CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: (1) An Ordinance to Appropriate School Reversion and Revenue Sharing Funds in the Amount of $26,140,809 (2) An Ordinance to Appropriate Additional Funds for Schools from the Commonwealth in the Amount of$23,445,223 PUBLIC HEARING: November 14, 2023 MEETING DATE: November 21, 2023 ■ Background: The Virginia Beach School Board adopted two budget resolutions during its October 24, 2023, meeting. One request is for reversion and revenue sharing. The other reflects additional funding for school divisions included in the recently adopted state budget. Reversion and Revenue Sharing The current City and Virginia Beach City Public School's (VBCPS) revenue sharing policy has been in place since 2019. Section 6 of that agreement outlines the process if VBCPS ends a fiscal year with additional revenue or unexpended appropriations. In accordance with the policy, the School Board adopted a Budget Resolution regarding FY 2022-23 Reversion and Revenue Sharing Formula Reconciliation on October 24, 2023. The total amount that the School Board is requesting to be appropriated by the City Council is $26,140,809. The request for the reversion funds is as follows: 1. $14,890,809 to be appropriated to the FY 2023-24 Capital Improvement Program: a. $3,962,133 as pay-as-you-go funding with a corresponding reduction in authorized but unissued Public Facility Revenue Bonds; b. $5,000,000 as pay-as-you-go funding for Project #601018, "Renovations and Replacements — HVAC Phase III;" c. $2,928,676 as pay-as-you-go funding for Project #601020, "Renovations and Replacements — Various Phase III` d. $3,000,000 as pay-as-you-go funding for Project#601030, "Payroll System Replacement;" 2. $11,000,000 to be appropriated to the School Reserve Special Revenue Fund to be set aside for Project #601015, "Princess Anne High School Replacement" ($5,500,000) and Project #601028, "B.F. Williams/Bayside 6th (Grades 4-6) Replacement" ($5,500,000). These amounts will be requested in the FY 2024-25 Capital Improvement Program; and 3. $250,000 to be appropriated to the Athletics fund. FY 2022-2024 Biennial State Budget Governor Youngkin convened a special session of the 2023 General Assembly on September 6, 2023, and the General Assembly adopted a budget that amended the FY 2024 Direct Aid distributions to school divisions. Governor Youngkin signed the Virginia State Budget on September 14, 2023. This updated budget provides additional funding to the School Operating Fund ($3,408,066) and the Categorical Grants Fund ($20,037,157). These amounts must be appropriated by the City Council prior to the School Board expending the funds. ■ Considerations: These two ordinances have been brought at the request of the School Board. The Reversion and Revenue Sharing request is consistent with the City/Schools Revenue Sharing Policy. When the Schools Reserve Special Revenue Fund was established in 2003, this fund was to be limited to 2% of the previous year's Schools Operating Fund. The fund balance of the School Revenue Fund is $15.2 million prior to this appropriation, so the addition of $11 million will substantially exceed 2% of the previous year's Schools Operating Fund. ■ Public Information: Public information will be provided through the normal City Council agenda process. In addition, this request exceeds 1% of the FY 2023-2024 Operating Budget, so a public hearing has been scheduled for November 14, 2023. The advertisement for the hearing appeared in the November 5, 2023, Virginia Beach Beacon. ■ Attachments: Ordinances (2); School Board Resolutions (2) Recommended by the Virginia Beach School Board REQUESTED BY THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH 1 AN ORDINANCE TO APPROPRIATE SCHOOL 2 REVERSION AND REVENUE SHARING FUNDS IN THE 3 AMOUNT OF $26,140,809 4 5 WHEREAS, the School Board of the City of Virginia Beach adopted a Budget 6 Resolution Regarding FY 2022-23 Reversion and Revenue Sharing Formula 7 Reconciliation on October 24, 2023; 8 9 WHEREAS, the collective funding request for Reversion and Revenue Sharing 10 funds and the additional funds from the Commonwealth requires a public hearing, and 11 such hearing was held on November 14, 2023; 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA THAT: 15 16 $26,140,809 in reversion and revenue sharing funds are hereby appropriated for 17 the following purposes: 18 a. $14,890,809 to be appropriated to Schools' CIP Fund: 19 • $3,962,133 as pay-as-you-go funding with a corresponding reduction in 20 authorized but unissued Public Facility Revenue Bonds; 21 • $5,000,000 as pay-as-you-go funding for Project #601018, "Renovations 22 and Replacements — HVAC Phase III;" 23 • $2,928,676 as pay-as-you-go funding for Project #601020, "Renovations 24 and Replacements — Various Phase III;" 25 • $3,000,000 as pay-as-you-go funding for Project#601030, "Payroll System 26 Replacement;" 27 b. $11,000,000 to be appropriated to the School Reserve Special Revenue Fund 28 to be set aside for Project#601015, "Princess Anne High School Replacement" 29 ($5,500,000) and Project #601028, "B.F. Williams/Bayside 6th (Grades 4-6) 30 Replacement" ($5,500,000). These amounts will be requested in the FY 2024- 31 25 Capital Improvement Program; 32 c. $250,000 to be appropriated to the Athletics Fund. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2023. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B dget and Management Services or ey's Office CA16356 R-1 November 1, 2023 N VIRGINIA BEACH CITY PUBLIC SCHOOLS Ai CHARTING THE COURSE School Board Services Trenace B. Riggs,Chair Carolyn D.Weems,Vice Chair District 1-Centerville District 9 Beverly M.Anderson Kathleen J.Brown Michael R. Callan At-large — � __ District 10 District 6 David Culpepper Jennifer S. Franklin Victoria C. Manning District 8 _ District 2—Kempsville At-Large Staci R. Martin Kimberly A. Melnyk Jessica L. Owens District 4 District 2 District 3—Rose Hall Donald E. Robertson, Ph.D., Acting Superintendent Budget Resolution Regarding FY 2022/23 Reversion and Revenue Sharing Formula Reconciliation WHEREAS,on September 26, 2023,the School Board was presented with a summary of the unaudited financial statements for FY 2022/23 (year-ending June 30,2023),showing the reversion amount to the city's General fund; and WHEREAS,$21,535,205 is the amount of School Operating reversion funds available(excluding debt service and revenues over/under budget); and WHEREAS,$3,962,133 is the amount remaining in debt service due to the timing of bond sales, increasing the School Operating reversion amount to$25,497,338; and WHEREAS,$4,407,324 came in as additional revenue over the appropriated budget,increasing the School Operating reversion amount to$29,904,662; and WHEREAS,$264,685 reverted from the Athletics fund and$219,486 reverted from the Green Run Collegiate Charter School fund; and WHEREAS,the total amount available for re-appropriation is$30,388,833; and WHEREAS,the city is currently indicating FY 2022/23 revenue under budget of$4,248,024 based on the Revenue Sharing Formula; and WHEREAS,the net funding available for re-appropriation is $26,140,809; and WHEREAS,the Administration recommends the following for the available funds in the amount of $26,140,809: • $14,890,809 to be re-appropriated to the FY 2023/24 Capital Improvement Program - $3,962,133 to be transferred in the form of pay-as-you-go funding Put Students First •Seek Growth •Be Open to Changed,Do Great Work Together• Value Differences 2512 OWN*Mason Drive I P.O.Box 6038 ' Virginia Beach,Virginia 23456-0038 MENERTAyMPAMMM VIRGINIA BEACH CITY PUBLIC SCHOOLS CHARTING THE COURSE Page 2 Budget Resolution Regarding FY 2022/23 Reversion and Revenue Sharing Formula Reconciliation (continued) - with a corresponding reduction in authorized but unissued Public Facility Revenue Bonds $5,000,000 to be transferred in the form of pay-as-you-go funding for project 1-018 Renovations and Replacements HVAC Phase III - $2,928,676 to be transferred in the form of pay-as-you-go funding for project 1-020 Renovations and Replacements - Various Phase III $3,000,000 to be to be transferred in the form of pay-as-you-go funding for project 1-030 Payroll System Replacement • $11,000,000 to be re-appropriated to the School Reserve Special Revenue fund to be set aside for projects 1-015 Princess Anne High School Replacement($5,500,000) and 1-028 B.F. WilliamsBayside 6`h(Grades 4-6) Replacement($5,500,000) • $250,000 to be re-appropriated to the Athletics fund NOW, THEREFORE,BE IT RESOLVED: That the School Board of the City of Virginia Beach approves the recommended uses of reversion funds as presented by the Administration; and be it FURTHER RESOLVED: That the School Board requests that the City Council approve the re- appropriation of reversion funds shown above; and be it FINALLY RESOLVED: That a copy of this resolution be spread across the official minutes of this Board, and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each member of the City Council, the City Manager, and the City Clerk. Adopted by the School Board of the City of Virginia Beach this 24th day of October 2023. G i Q: r SA'1JL Trenace B. Riggs, School Board Chair !0O43s e•! est: Regina . 4. Toneatto, Clerk of the Board Pitt Students First •Seek Growth •Be Open to Change •Do Great Work Together Value Differences 2512 George Mason Drive I P.O Box 6038 1 Virginia Beach,Virginia 23456.0038 u� A �yiT CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: (1) An Ordinance to Appropriate School Reversion and Revenue Sharing Funds in the Amount of$26,140,809 (2) An Ordinance to Appropriate Additional Funds for Schools from the Commonwealth in the Amount of$23,445,223 PUBLIC HEARING: November 14, 2023 MEETING DATE: November 21, 2023 ■ Background: The Virginia Beach School Board adopted two budget resolutions during its October 24, 2023, meeting. One request is for reversion and revenue sharing. The other reflects additional funding for school divisions included in the recently adopted state budget. Reversion and Revenue Sharing The current City and Virginia Beach City Public School's (VBCPS) revenue sharing policy has been in place since 2019. Section 6 of that agreement outlines the process if VBCPS ends a fiscal year with additional revenue or unexpended appropriations. In accordance with the policy, the School Board adopted a Budget Resolution regarding FY 2022-23 Reversion and Revenue Sharing Formula Reconciliation on October 24, 2023. The total amount that the School Board is requesting to be appropriated by the City Council is $26,140,809. The request for the reversion funds is as follows: 1. $14,890,809 to be appropriated to the FY 2023-24 Capital Improvement Program: a. $3,962,133 as pay-as-you-go funding with a corresponding reduction in authorized but unissued Public Facility Revenue Bonds; b. $5,000,000 as pay-as-you-go funding for Project #601018, "Renovations and Replacements — HVAC Phase III;" c. $2,928,676 as pay-as-you-go funding for Project #601020, "Renovations and Replacements — Various Phase III;" d. $3,000,000 as pay-as-you-go funding for Project#601030, "Payroll System Replacement;" 2. $11,000,000 to be appropriated to the School Reserve Special Revenue Fund to be set aside for Project #601015, "Princess Anne High School Replacement" ($5,500,000) and Project #601028, "B.F. Williams/Bayside 6th (Grades 4-6) Replacement" ($5,500,000). These amounts will be requested in the FY 2024-25 Capital Improvement Program; and 3. $250,000 to be appropriated to the Athletics fund. FY 2022-2024 Biennial State Budget Governor Youngkin convened a special session of the 2023 General Assembly on September 6, 2023, and the General Assembly adopted a budget that amended the FY 2024 Direct Aid distributions to school divisions. Governor Youngkin signed the Virginia State Budget on September 14, 2023. This updated budget provides additional funding to the School Operating Fund ($3,408,066) and the Categorical Grants Fund ($20,037,157). These amounts must be appropriated by the City Council prior to the School Board expending the funds. ■ Considerations: These two ordinances have been brought at the request of the School Board. The Reversion and Revenue Sharing request is consistent with the City/Schools Revenue Sharing Policy. When the Schools Reserve Special Revenue Fund was established in 2003, this fund was to be limited to 2% of the previous year's Schools Operating Fund. The fund balance of the School Revenue Fund is $15.2 million prior to this appropriation, so the addition of $11 million will substantially exceed 2% of the previous year's Schools Operating Fund. ■ Public Information: Public information will be provided through the normal City Council agenda process. In addition, this request exceeds 1% of the FY 2023-2024 Operating Budget, so a public hearing has been scheduled for November 14, 2023. The advertisement for the hearing appeared in the November 5, 2023, Virginia Beach Beacon. ■ Attachments: Ordinances (2); School Board Resolutions (2) Recommended by the Virginia Beach School Board REQUESTED BY THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH 1 AN ORDINANCE TO APPROPRIATE ADDITIONAL FUNDS 2 FOR SCHOOLS FROM THE COMMONWEALTH IN THE 3 AMOUNT OF $23,445,223 4 5 WHEREAS, the General Assembly passed and the Governor signed the updated 6 2022-2024 Biennial Budget on September 14, 2023, and such budget provides additional 7 funds for the Virginia Beach City Public Schools; 8 9 WHEREAS, the School Board adopted a Budget Resolution regarding the 10 additional funding for its FY 2023-24 Operating Budget on October 24, 2023; 11 12 WHEREAS, the collective funding request for Reversion and Revenue Sharing 13 funds and the additional funds from the Commonwealth requires a public hearing, and 14 such hearing was held on November 14, 2023; 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA THAT: 18 19 $23,445,223 in revenue from the Commonwealth of Virginia is hereby accepted 20 and appropriated, with revenue increased accordingly, for the following purposes: 21 22 a) $3,408,066 to the School Operating Fund to provide an additional two- 23 percent compensation increase to all full-time equivalent employees 24 effective January 1, 2024; and 25 b) $20,037,157 to the Categorical Grants fund to follow the Governor's 26 recommended focus on an "ALL In" approach that focuses on high intensity 27 tutoring, the Virginia Literacy Act, and chronic absenteeism. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2023. Requires an affirmative vote by a majority of all of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: xk udget and Management Services tt rney's Office CA16357 R-1 November 1, 2023 N VIRGINIA BEACH CITY PUBLIC SCHOOLS CHARTING THE COURSE School Board Services Trenace B. Riggs,Chair Carolyn D.Weems,Vice Chair District 1 - Centerville District 9 Beverly M.Anderson Kathleen J. Brown Michael R. Callan At-Large District 10 District 6 David Culpepper Jennifer S. Franklin Victoria C. Manning District 8 District 2—Kempsville At-Large_ Staci R. Martin Kimberly A. Melnyk Jessica L. Owens District 4 District 2 District 3—Rose Hall Donald E. Robertson, Ph.D.,Acting Superintendent Resolution Regarding Additional Funding for FY 2023/24 WHEREAS,the FY 2023/24 budget was adopted by the City Council on May 9, 2023; and WHEREAS,the City of Virginia Beach's adopted Budget Ordinance appropriated funds to the School Board of the City of Virginia Beach; and WHEREAS,the Virginia General Assembly was unable to agree on budget amendments during the legislative session; and WHEREAS, Governor Youngkin convened a special session of the 2023 General Assembly on September 6, 2023; and WHEREAS, the 2023 Special Session I General Assembly adopted a budget that amends FY 2024 Direct Aid distributions to school divisions; and WHEREAS,these amendments include, among other items, a 2%compensation supplement to school divisions for Standards of Quality(SOQ) instructional and support positions effective January 1, 2024, an increase in funded SOQ support positions,and one-time flexible grant funding to support the ALL In VA state plan; and WHEREAS,Governor Youngkin signed the Virginia State Budget on September 14,2023;and WHEREAS, state funds for the School Operating fund will increase$3,408,066, and state funds for the Categorical Grants fund will increase$20,037,157;and WHEREAS,the School Board of the City of Virginia Beach requests an additional appropriation of $3,408,066 into the School Operating fund and $20,037,157 into the Categorical Grants fund; and WHEREAS,appropriations of funds must be approved by the City Council prior to the expenditure of funds by the School Board of the City of Virginia Beach; and Put Students First •Seek Growth •Be Open to Change •Do Great Work Together•Value Differences 2512 George Mason Drive I P.O.Box 6038 1 Virginia Beach.Virginia 23456 0038 www.vbschools.coni N VIRGINIA BEACH CITY PUBLIC SCHOOLS CHARTING THE COURSE Page 2 Resolution Regarding Additional Funding for FY 2023/24 (continued) NOW,THEREFORE,BE IT RESOLVED: the School Board of the City of Virginia Beach requests an additional appropriation of 3,408,066 into the School Operating fund; and be it FURTHER RESOLVED: these funds will be used to provide an additional two percent compensation increase to all full-time equivalent employees effective January 1, 2024; and be it FURTHER RESOLVED: the School Board of the City of Virginia Beach requests an additional appropriation of$20,037,157 into the Categorical Grants fund; and be it FURTHER RESOLVED: these funds will be used to follow the Governor's recommended focus on an"ALL In"approach that focuses 70%on Grade 3-8 high-intensity tutoring,20%on the Virginia Literacy Act, and 10%on chronic absenteeism; and FURTHER RESOLVED: that the School Board of the City of Virginia Beach approves and affirms the necessary appropriation and recommended uses of these funds; and be it FINALLY RESOLVED: That a copy of this resolution be spread across the official minutes of this Board, and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each member of the City Council, the City Manager, and the City Clerk. Adopted by the School Board of the City of Virginia Beach this 24th day of October 2023. Of S�� •• . ;0 i �• S E V� Trenace B. Riggs, School Board C % . �Ia0"'�S •vim* "17test; Reginl M. Toneatto, Clerk of the Board Put Students First •Seek Growth •Be Open to Change •Do Great Work Together •Value Differences 2512 George Mason Drive I V.0 Box 6038 1 Virginia Beach.Virginia 23456.0038 www.vbschools.coni ro N �S� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Fund Balance of the Tourism Investment Program (TIP) Fund and to Authorize the City Manager to Execute the Settlement, Termination, and Transition Agreement for the Virginia Beach Sports Center PUBLIC COMMENT: November 14, 2023 MEETING DATE: November 21, 2023 ■ Background: The Virginia Beach Sports Center (the "Sports Center") opened to the public in October 2020. The Sports Center provides a strong economic impact to the City and an opportunity to bring athletes from around the country, most notably securing the NCAA Division 1, 2, and 3 Indoor Track Championships. The facility also provides much needed space and programs for the residents of the City. Based on a City audit completed in early 2023, there was concern about the viability of the current operation model and the structure of the management agreement with the operator, ESM VBSC, LLC. Based on the recommendation of the City Auditor, the City placed the operator in a probationary status and sought improvement in certain performance requirements of the management agreement. After further discussion with the operator, the City and the operator have agreed to a transition and termination of the current management agreement. If approved, the City will take over the operations responsibilities for the Sports Center. Upon taking over operations, the City intends to engage with an interim operator while the City develops a request for proposal process. The primary financial consideration in taking over the Sports Center is the disposition of certain debts of the facility to include furniture, fixtures, equipment (FF&E), and the initial start-up budget. The amount required to retire this debt is $4,604,266.53, and a reserve established in the Tourism Investment Program (TIP) Fund will provide $2,555,896. The balance will be borne by the fund balance of the TIP Fund. In addition to the FF&E and start-up budget, there are amounts owed to the operator for accrued management fees, cash advances, accounts payable, and unpaid gate receipts. The proposed ordinance will address payment of these amounts. If approved, the termination date for the management agreement will be November 30, 2023. Provided the City Council approves this item, the City and the operator will work expeditiously to resolve the various matters and allow the full transition of facility operations. ■ Considerations: The source for this appropriation is the fund balance of the TIP Fund. Consistent with the approval of the management agreement in December 2018, a reservation in the TIP Fund was established to assist in the City's acquisition of the FF&E. The attached Summary of Terms includes the material terms of the Settlement, Termination, and Transition Agreement. If approved, this agreement will serve to guide the process for the City taking control of the Sports Center. In addition to the provision of fund balance to pay for the FF&E and amounts to be resolved prior to the termination date, the ordinance provides for working capital at the Sports Center for the City and its interim operator. This amount will be used to pay salaries and a management fee for the interim operator. Last, the ordinance acknowledges the City's budget maintains a reserve established for the Sports Center within the TIP Fund. If there are any needs for additional resources during the fiscal year, this reserve will assist, and the use of the reserve will be reported to the City Council. If this action is approved, the estimated fund balance of the TIP Fund will be approximately $41 million. ■ Public Information: Normal Council agenda process. ■ Recommendation: Adopt the attached ordinance. ■ Attachment: Ordinance; Exhibit A: Summary of Terms Recommended Action: Approval Submitting Department/Agency: Convention and Visitors Bureau City Manager 1 AN ORDINANCE TO APPROPRIATE FUND BALANCE OF 2 THE TOURISM INVESTMENT PROGRAM (TIP) FUND AND 3 TO AUTHORIZE THE CITY MANAGER TO EXECUTE A 4 SETTLEMENT, TERMINATION, AND TRANSITION 5 AGREEMENT FOR THE VIRGINIA BEACH SPORTS 6 CENTER 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA, THAT: 10 11 1. $2,555,896 is hereby appropriated from a reserve established in the TIP Fund to 12 offset the acquisition of certain furniture and fixtures at the Virginia Beach Sports 13 Center (the "Sports Center") and to repay the startup budget amounts. 14 15 2. $4,054,465.53 is hereby appropriated from the fund balance of the TIP Fund to 16 provide: 17 a. $2,048,370.53 for the balance owed on furniture and fixtures at the Sports 18 Center and startup budget amounts; 19 b. $1,506,095 for accrued management fees, cash advances, accounts 20 payable, and unpaid gate receipts at the Sports Center; 21 c. $500,000 for working capital to re-establish operating accounts prior to 22 installing an interim operator. 23 24 3. The City Manager is hereby authorized to execute a Settlement, Termination, and 25 Transition Agreement with ESM VBSC, LLC, and Eastern Sports Management, 26 LLC, provided the agreement is consistent with the summary of material terms 27 attached hereto Exhibit A. 28 29 4. The City Manager is hereby authorized and directed to retain the services of an 30 interim operator for the Sports Center and utilize available funds in the TIP Fund 31 including any reserve established for the Sports Center for the operations of the 32 Sports Center. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2023. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ��-- udget and anagement Services City ttorney's Office CA16367 R-1 November 8, 2023 EXHIBIT A SUMMARY OF TERMS SETTLEMENT, TERMINATION, AND TRANSITION AGREEMENT Parties: City of Virginia Beach("City") ESM VB, LLC ("Manager") Eastern Sports Management, LLC as intended third-party beneficiary of the Management Agreement Purpose: The orderly transfer of the management of the Virginia Beach Sports Center(the"Sports Center"), the resolution of amounts owed to the Manager under the Management Agreement, and the resolution of amounts owed to various vendors and event sponsors at the Sports Center Termination Date: November 30, 2023 Material Terms: FFE & Start-up Budget City to pay debts associated with furniture, fixtures, and Start-up Budget. Manager and City to execute a bill of sale to effectuate this conveyance. Current amount of such debt is$4,604,266.53. Service Agreements at Sports Center Manager to assign service agreements at the Sports Center. City has the discretion to assume such agreements. Expressly included in this provision is a current food and beverage contract with Centerplate. Customer, Rental, and Sponsorship/Advertising Agreements Manager to assign customer, rental, and sponsorship/advertising agreements. City to review such agreements and continue them in the City's discretion. City to be responsive for any termination fees if the City elects to terminate. City to retain tournaments and events developed by and for the Sports Center. The manager can continue current leagues and pay the relevant rental fee for court time. Other Terms. The proposed agreement also includes a non-disparagement covenant and mutual releases. The payment of accrued Management Fees ($350,097)and ESM Advances to the Facility($274,000). The payment of amounts currently owed for accounts payable and gate receipts ($881,998) are to be made by City and Manager to pay such amounts prior to the Termination Date. The operating accounts are to be either transferred to the City or closed. Ku ems. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Add Section 38-9 to the City Code to Prohibit Weapons at the Housing Resource Center MEETING DATE: November 21, 2023 ■ Background: The Housing Resource Center (HRC) opened in 2018. The HRC serves a diverse population of homeless patrons, including many with a history of mental health and substance abuse disorders. The HRC houses approximately 95 guests, including families and children. HRC patrons can receive support and a variety of services at the HRC. The HRC seeks to provide a safe haven for families and individuals who lack support, resources and housing. In order to maintain a safe environment, weapons need to be prohibited at the HRC. Virginia Code § 15.2-915 authorizes the governing body of a locality to adopt an ordinance which prohibits the possession, carrying or transportation of any firearms, ammunition, or components or combination thereof in buildings owned or used by the locality. ■ Considerations: Patrons of the HRC have brought firearms and weapons, including knives, when seeking shelter and resources. This ordinance is requested to formally adopt a no weapons policy and to implement screening for weapons with lockers or other secure cabinets for patrons to lock up weapons. "No Weapons Allowed" signage would be posted at all entrances to the HRC. Violation of the prohibition would not be a crime but could be the basis for expulsion from the HRC. These measures will help maintain a safer environment for patrons and staff at the HRC. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Emergency Management City Manager: /fir 1 AN ORDINANCE TO ADD SECTION 38-9 TO 2 THE CITY CODE TO PROHIBIT WEAPONS 3 AT THE HOUSING RESOURCE CENTER 4 5 SECTION ADDED: § 38-9 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 WHEREAS, the City opened the Housing Resource Center in 2018; 11 12 WHEREAS, the Housing Resource Center integrates shelter, housing, mental 13 health and substance abuse services, health services, dining facilities, learning facilities, 14 supportive services and community resources in one facility; 15 16 WHEREAS, the Housing Resource Center assists families with children and 17 individuals, and subpopulations including but not limited to youth, individuals with 18 mental illness, and veterans who are in crisis and are experiencing homelessness; 19 20 WHEREAS, the homeless families and individuals at the Housing Resource 21 Center are triaged for homeless services, financial assistance, employment services, 22 behavioral health services and general health services; 23 24 WHEREAS, the Housing Resource Center's goal is to be a safe haven for these 25 families and individuals who lack resources and a support network; 26 27 WHEREAS, to maintain a safe environment for the families, youth and adults at 28 the Housing Resource Center shelter, as well as City staff and contractors, it is 29 important that weapons be excluded from the facility; and 30 31 WHEREAS, Virginia Code § 15.2-915(e) authorizes a locality to adopt an 32 ordinance that prohibits the possession, carrying or transportation of any firearms, 33 ammunition, or components or combination thereof in any building owned or used by 34 the locality. 35 36 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 37 VIRGINIA BEACH, VIRGINIA: 38 39 That in furtherance of the above stated desire and intent of the City Council, the 40 Code of the City of Virginia Beach, Virginia is hereby amended and reordained by 41 adding thereto Section 38-9 to Chapter 38 as follows: 42 43 Sec. 38-9. - Possession, carrying or transportation of any weapons, firearms, 44 ammunition, or components thereof, in Housing Resource Center prohibited. 45 46 (a) The possession, carrying, or transportation of any weapon, firearms, 47 ammunition, or components or combination thereof is prohibited within the 48 Housing Resource Center and its courtyard(s), located at 104 N. Witchduck 49 Road, in the City of Virginia Beach. 50 (b) The City Manager or designee, employees and/or City contractors are hereby 51 authorized to utilize security measures including, but not limited to, the use of 52 metal detection devices such as wands and/or metal detectors and increased 53 security personnel to reasonably prevent persons from bringing prohibited 54 items into the Housing Resource Center. 55 (c) The City Manager is hereby authorized and directed to install locked lockers, 56 cabinets, or other means in the Housing Resource Center to allow users of 57 the facility to secure their weapons, firearms, ammunition, or components or 58 combination thereof while individuals are in the Housing Resource Center. 59 (d) For purposes of this section, "weapon" is defined as set forth in section 38- 60 1(a) herein. 61 (e) For purposes of this section, "firearm" means any handgun, shotgun spring_ 62 propelled rifle or pistol, and/or pneumatic gun that will or is designed to or 63 may readily be converted to expel single or multiple projectiles by action of an 64 explosion of a combustible material. "Ammunition" means a cartridge pellet 65 ball, missile or projectile adapted for use in a firearm. 66 (f) Notice of this section shall be posted at all entrances at the Housing 67 Resource Center. 68 (g) This section shall not apply to: 69 (1) Military personnel when acting within the scope of their official duties; 70 (2) Sworn law enforcement officers engaged in the performance of their public 71 duties; and 72 (3) Armed security personnel licensed by the Virginia Department of Criminal 73 Justice Services providing security pursuant to a contract with the City of 74 Virginia Beach. 75 (h) A violation of this section shall not be punishable as a misdemeanor but may 76 result in expulsion from the Housing Resource Center. 77 78 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 79 day of 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Emerge anagement City At orney's Office CA16352 R-11 October 31, 2023 r 2 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 21-502 of the City Code Pertaining to the Penalty for Violation of Weight Limits MEETING DATE: November 21, 2023 ■ Background: This code section provides for the penalty for violation of weight limits for certain vehicles, including large trucking rigs that carry heavy loads. That penalty includes a civil penalty, processing fee, weighing fee, and liquidated damages. ■ Considerations: The code section does not include how liquidated damages are calculated for weight violations. The amended ordinance includes the Virginia Code section that provides for liquidated damages. ■ Public Information: This item will be advertised through the regular Council agenda process. ■ Recommendations: Adopt ordinance. ■ Attachments: Ordinance. Recommended Action: Approval Submitting Department/Agency: City Attorney's Office City Manager: 1 AN ORDINANCE TO AMEND SECTION 21-502 OF 2 THE CITY CODE PERTAINING TO PENALTY FOR 3 VIOLATION OF WEIGHT LIMITS 4 5 SECTION AMENDED: § 21-502 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That Section 21-502 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and reordained to read as follows: 12 13 Sec. 21-502. Penalty for violation of weight limits. 14 Any person violating any weight limits as provided in this Chapter or any permit 15 issued by either the Department of Transportation or by the City pursuant to this Article 16 shall be subject to a civil penalty of twenty-five dollars ($25.00),, aka processing fee of 17 twenty dollars ($20.00), and a weighing fee of two dollars ($2.00) in addition to any 18 liquidated damages and w eighiRg foes imposed by this o,+iGle by Code of Virginia � 46.2- 19 1135. Upon collection by the Department or by the court, the civil penalty shall be 20 forwarded to the City Treasurer, to be allocated to the fund appropriated for the 21 construction and maintenance of City highways; and the processing fee shall be paid to 22 the state treasury to be used to meet the expenses of the Department of Motor Vehicles. 23 The penalties, damages and fees specified in this Article shall be in addition to any 24 other liability which may be legally fixed against the owner, operator or other person 25 charged with the weight violation for damage to a highway or bridge attributable to such 26 weight violation. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of 2023. APPROVED AS TO LEGAL SUFFICIENCY: Al2� City Attorney's Office CA16324 R-2 November 8, 2023 u�� hlf(qp 1) l' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City- owned property known as Lake Bradford a/k/a 2213 Pleasure House Road, and a 20' and a 5' City-owned public drainage easement, located at the rear of 14 Bradford Point MEETING DATE: November 21, 2023 ■ Background: Terry K. Gowin and Gail H. Gowin, Trustees or their Successors in Trust, of The Gowin Living Trust Dated February 24, 2020, and any Amendments thereto (the "Applicants") have requested permission to maintain an existing shed and porch and to construct and maintain a wood dock, a wood pier, an EZ dock and kayak launch and timber piles (collectively, the "Temporary Encroachment") into City- owned property known as Lake Bradford a/k/a 2213 Pleasure House Road (GPIN: 1479-38-4812), and a 20' and a 5' City-owned public drainage easement (collectively, the "Encroachment Area"), located at the rear of the at 14 Bradford Point (GPIN: 1570-31-9971). ■ Considerations: City staff reviewed the Temporary Encroachment and have recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments into Lake Bradford a/k/a 2213 Pleasure House Road and the 20' and 5' City-owned public drainage easements, which is where the Applicants have requested to encroach. ■ Public Information: Public notice will be provided via the normal City Council agenda process. ■ Alternatives: Deny the Temporary Encroachment or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Agreement, Plat, Pictures and Location Map Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Estate City Manager: Po 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO A 5 PORTION OF CITY-OWNED PROPERTY 6 KNOWN AS LAKE BRADFORD A/K/A 2213 7 PLEASURE HOUSE ROAD, AND A 20' AND A 8 5' CITY-OWNED PUBLIC DRAINAGE 9 EASEMENT, LOCATED AT THE REAR OF 14 10 BRADFORD POINT 11 12 WHEREAS, Terry K. Gowin and Gail H. Gowin, Trustees or their Successors 13 in Trust, of the Gowin Living Trust dated February 24, 2020, and any Amendments thereto 14 (the "Applicants") request permission to maintain an existing shed with a 2.1' maximum 15 encroachment and an existing porch with a 1' maximum encroachment, and to construct 16 and maintain a 10' x 10' wood dock, a 4' x 30' wood pier, a 5' x 10' EZ dock with two (2) 17 2.5" galvanized pipe anchors, a 4.9' x 14' polyethylene floating EZ kayak launch and twelve 18 (12) 8" wood piles (collectively, the "Temporary Encroachment") into City property known 19 as Lake Bradford a/k/a 2213 Pleasure House Road (GPIN: 1479-38-4812), and a 20' and a 20 5' City-owned public drainage easement(collectively, the"Encroachment Area"), located at 21 the rear of 14 Bradford Point (GPIN: 1570-31-9971), and 22 23 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 24 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 25 the City's property subject to such terms and conditions as Council may prescribe. 26 27 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 30 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 31 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicants, its heirs, assigns 32 and successors in title are authorized to construct and maintain the Temporary 33 Encroachment within the City's property as shown on the map entitled: "Exhibit `A' 34 ENCROACHMENT REQUEST FOR EXISTING SHED, PORCH, PROPOSED TIMBER 35 PILES, WOOD DOCK, PIER, EZ-DOCK, AND KAYAK LAUNCH FOR THE GOWIN 36 LIVING TRUST 14 BRADFORD POINT VIRGINIA BEACH, VIRGINIA 23455 LOT 4, 37 GRANDY POINTE M.B. 132 PG. 41 INSTR. # 200502250029779," Scale. 1" = 40', dated 38 October 19, 2023, prepared by Gaddy Engineering Services, LLC a copy of which is 39 attached hereto as Exhibit" A", and on file in the Department of Public Works and to which 40 reference is made for a more particular description; 41 42 BE IT FURTHER ORDAINED, that the Temporary Encroachment is expressly 43 subject to those terms, conditions and criteria contained in the agreement between the City 44 of Virginia Beach and the Applicants (the "Agreement"), an unexecuted copy of which has i 45 been presented to the Council in its agenda, and will be recorded among the records of the 46 Clerk's Office of the Circuit Court of the City of Virginia Beach-, 47 48 BE IT FURTHER ORDAINED, that the City Manager or his authorized 49 designee is hereby authorized to execute the Agreement; and 50 51 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 52 such time as the Applicant and the City Manager or his authorized designee execute the 53 Agreement. 54 55 Adopted by the Council of the City of Virginia Beach, Virginia, on the 56 day of , 2023. 57 CA15807 R-1 Prepared: 11/8/23 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFI CY AND FORM: P �BLICWOR , REAL ESTATE DA ARMEYER S IOR CITY ATTORNEY 2 PROPOSED 5.0'x 10' LAKEBRADFORD tiFSgA 'EZ DOCK'WITH(2)2.5"N/FC/TYOF V/RG/N/A BEACH q eq yFgk GALV.PIPE ANCHORS,& CHUBB �/OF 4.9'X 14'POLYETHYLENE GPIN. 1479384812(D B. 1018 PG 154) FLARED END SECT/ON LAKE �gCFq FLOATING'EZ-KAYAK ,-- ONV=3.45 LAUNCH' b,,i� APPROX/MATE vi ROP E°D EDGE OF WA TER 'X 30'PJER AT T1114E OFSURVE (12)PROPO D `Qp SIRE 0P Q WbOD PRAOFO/ZD o. `9Q� BR9DpTOP O�NTT ti a STORM OU L o BANK \ F Op `N' w /NV.=5.58(PR- O J II S9, 0 \ p� Z o PROPOSED ui sq�' N82050'06"E NORTH co 10'X 10, 1.96' y WOOD DOCK O 4J - �� o LOCATION MAP 1"=1000' in tk P/N(FJ ^ V LINE T)kE 'PUBLIC /I APPLICANT LINE LENGTH DI CTION N!F TERRY K.GOWIN& IDRA/NAGEEASEMENT 1 GAIL H.GOWIN,TRUSTEES (INSTR.200502250029779) �- OF THE GOWIN LIVING SHED PO � � L1 39.45' S74°2 4"E TRUST DATED FEBRUARY O L2 1 I 24,2020,INSTR. 1 / L2 30.34' S88°38'03 #20200226000187390 14 BRADFORD POINT P/ PORCH I 3 L3 43.55' N80° 12'09"E VIRGINIA BEACH,VA 23455 O ��// I GPIN:1570-31-9971 HED � /PORCH/N L4 19.16' N67°42'40"E ADJACENT OWNERS O I 14'X 15,8' 2=STORY EASEMENT I 100' 20 LIVING TRUST FAMILY of I BRICK&FRAME INSTR.#202203056667 Pi 373' #14 M O 10 BRADFORD POINT VIRGINIA BEACH.VA 23455 20'PUBL DRA/NAGEEASEMENT ? GPIN 1570-31-8955 N (INSTR. 950225002977�/ I ADJACENT OWNERS 30 N/F LEWIS P TODD AND LISA S °� KLEIMAN REVOCABLE I I Z Z LIVING TRUST 157.07 TO —{ INSTR.#20140213000127150 Z I I P.C.@BAY IZ3m y 18 BRADFORD POINT U) V/EWAVE. N m VIRGINIA BEACH,VA 23455 T/L/TYEASEMENT I to V CO/V•C W GPIN:157041-0990 (/NST .200502250029779) UTILITY -7 1 TELCO M N VAULT w m ADJACENT OWNERS PEL7E I — — — — ATE N/F CITY OF VIRGINIA BEACH ETER =D LAKE BRADFORD 7p 2213 PLEASURE HOUSE RD. CURB/NL COMC. CURS P/N(F) ? VIRGINIA BEACH,VA 23455 RIM=8.52 &GUTTER N74°12'31"W ASPHAL T GPIN:1479-384812 INV 6..26()R J 15:Y15'V/RG/N/A D.B.1018,PG.154 p 125.00' ELECTRICAND POWER SEWER BRADFORD POINT COMPANYEASEMENT MANHOLE (35'R/GHT--OF-WAY) /NSTR#202203024082 (111ISTR.200502250029779) EXHIBIT"A" ENCROACHMENT REQUEST FOR EXISTING SHED,PORCH,PROPOSED TIMBER PILES,WOOD DOCK,PIER,EZ-DOCK,AND KAYAK LAUNCHc FOR THE GOWIN LIVING TRUST r14 B EACH, I POINTGADDY VIRGINIA BEACH,VIRGINIA 23455LOT 4,GRANDY POINTE,M.B. 132 PG.41 ADENGINEERING SERVICES,LLC INSTR.#200502250029779 . a0 40 80 CONTACT: MICHAELS.GADDY, PE,LS �� 757-289-5933 SCALE: 1"=40' ECG\ 508 N. BIRDNECK RD.,SUITE D SHEET 1 OF 2 VIRGINIA BEACH,VA, 23451 PROPOSED 4.9'X 14'POLYETHYLENE FLOATING'EZ-KAYAK LAUNCH' 14 PROPOSED 5'X 10'POLYETHYLENE L L L L L L L L L FLOATING'EZ-DOCK'WITH(2)2.5"GALV. LLLLLLLLL PIPE ANCHORS 5/8"THRU BOLT DOCK 10' WASHER&NUT CROSS NOTES: En L L L L L L • TIE&STRINGER TO PILE 1. ALL TIMBER MATERIALS USED IN L L L L L L 8"PILE(8'LENGTH) MARINE ENVIRONMENT SHALL BE PRESERVATIVE TREATED IN 2X8 CROSS TIE ACCORDANCE WITH AMERICAN WOOD PROTECTION ASSOCIATION (AWPA)STANDARDS C2 AND C18. 0 2. ALL HARDWARE SHALL BE IN 16D NAIL FACIA TO ACCORDANCE WITH ASTM A-153. 2X8 STRINGER STRINGER&PILE i 10'— -8' -81 8' 6'—� 16D NAIL(OR#10 SCREW) DECK BOARD TO STRINGER PROPOSED PIER DETAIL 8"PIER PILE X t12'LONG 50% OF TOTAL PILE LENGTH PENETRATES BELOW BOTTOM EXTEND 10' GRADE AND INTO FIRM SOIL WOOD PIER.TIE 10'X10'PLATFORM TO EX.GRADE 2X6 DECKBOARD CAP 1'(TYP) EL.7.5't EL.5.0' 4'WIDE ACCESS WALKWAY i 4"X4"X3'GRADE TWO PRESSURE =11 I=1 ( I I 1 III I TREATED POST. BOTTOM EL. 1.7' _ — -�11=1(I- =1 T .I 11== 10' 8' 8' -6' .� 30' 2X8 CROSS TIE EX.GRADE 2X8 STRINGER SUBAQUEOUS PROPOSED PIER SECTION EXHIBIT"A" ENCROACHMENT REQUEST FOR EXISTING SHED,PORCH,PROPOSED ,T,I H TIMBER PILES,WOOD DOCK,PIER, EZ-DOCK,AND KAYAK LAUNCH FOR THE GOWIN LIVING TRUST GADDY 14 BRADFORD POINT VIRGINIA BEACH,VIRGINIA 23455 MICHAE S. AD 'z LOT 4,GRANDY POINTE,M.B. 132 PG.41 p .� ENGINEERING SERVICES,LLC INSTR.#200502250029779 U Lic. No. CONTACT: 0 10 20 0 040754 MICHAEL S. GADDY, PE, LS �0,� ��" 757-289-5933 SCALE: 1"= 10' FSS�CNAL ��G 508 N. BIRDNECK RD., SUITE D VIRGINIA BEACH,VA,23451 SHEET 2 OF 2 - jiORPORATED �- <%:> MARINE DISTRIBUTION &MARKETING SINCE 1956 4' 11 ' (59") _J �..�.. w.�..wom— «.., w»..w. ..�...w,.w«.,..,. 9,91) ,117 3'3" 6 6 ' 78» (39y,) ( ) e affordableftoatindocks@>;mait.com AFFORDABLE FLOATING DOCKS, Inc. Affordable Floating 5760 Northampton BLVD.- Suite 102 Docks, Inc Virginia Beach, VA 23455 757-375-3274 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this_`&. day of O , 2023, by and between the CITY OF VIRGINIA BEACH. VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and TERRY K. GOWIN AND GAIL H. GOWIN, TRUSTEES, OR THEIR SUCCESSORS IN TRUST, OF THE GOWIN LIVING TRUST DATED FEBRUARY 24, 2020, AND ANY AMENDMENTS THERETO, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot 'A" as shown on that certain plat entitled: "Subdivision of Grandy Pointe- (M.B. 132, P. 41) Virginia Beach, Virginia," Scale: 1" = 50', dated March 20, 2004, prepared by Kellam Gerwitz, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 200502250029779, and being further designated, known, and described as 14 Bradford Point, Virginia Beach, Virginia 23455; WHEREAS, it is proposed by the Grantee maintain an existing shed with a 2.1' maximum encroachment, a porch with a 1' maximum encroachment, and to construct and maintain a 10' x 10' wood dock, a 4' x 30' wood pier, a 5' x 10, EZ dock with two (2) 2.5" galvanized pipe anchors, a 4.9' x 14' polyethylene floating EZ-kayak GPIN: 1479-38-4812 - LAKE BRADFORD (A/K/A 2213 PLEASURE HOUSE ROAD) CITY-OWNED 20' AND 5' DRAINAGE EASEMENTS NO GPIN ASSIGNED 1570-31-9971 - 14 BRADFORD POINT launch and twelve (12) 8" wood piles, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City-owned property known as Lake Bradford a/k/a 2213 Pleasure House Road (GPIN: 1479-38- 4812), and a 20' and a 5' City-owned public drainage easement, collectively, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT "A" ENCROACHMENT REQUEST FOR EXISTING SHED, PORCH, PROPOSED TIMBER PILES, WOOD DOCK, PIER, EZ-DOCK, AND KAYAK LAUNCH FOR THE GOWIN LIVING TRUST 14 BRADFORD POINT VIRGINIA BEACH, VIRGINIA 23455 LOT 4, GRANDY POINTE, M.B. 132 PG. 41 INSTR. # 200502250029779," Scale: 1" = 40', dated October 19, 2023, prepared by Gaddy Engineering Services, LLC, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the City may enter upon the Grantee's property for ingress and egress on an as needed basis in order to monitor Grantee's compliance with the terms of this Agreement, for routine maintenance activities upon public property adjacent to 14 Bradford Point, or at any time upon an event of noncompliance with the terms of this Agreement to enforce the terms of this Agreement; provided that City will provide at least ten (10) days' notice of such entry to Grantee, except when there is a threat of imminent harm, personal injury or property damage. City shall not unreasonably interfere with Grantee's use and quiet enjoyment of the Property. Any access authorized by this section shall be limited to the property with a street address of 14 Bradford Point. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the attached Exhibit or in this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, TERRY K. GOWIN and GAIL H. GOWIN, TRUSTEES, OR THEIR SUCCESSORS IN TRUST, OF THE GOWIN LIVING TRUST DATED FEBRUARY 24, 2020, AND ANY AMENDEMENTS THERETO, the said Grantee, has caused this Agreement to be executed by its signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By: (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2023, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2023, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: TERRY K. GOWIN AND GAIL H. GOWIN, TRUSTEES OR THEIR SUCCESSORS IN TRUST, OF THE GOWIN LIVING TRUST DATED FEBRUARY 24, 2020, AND ANY AMENDMENTS THERETO Ter o in, r ee 11 G H. Gowin, Trustee STATE OF VIRGINIA CITY/COUNTY OF 1\ ,G to-wit: The foregoing instrument was acknowledged before me thisIj"—day of 2023, by Terry K. Gowin and Gail H. Gowin, Trustees or their successors in Trust, of the Gowin Living Trust dated February 24, 2020, and any amendments thereto. (W�u k�v (SEAL) Notary P b 'c ASHLEY RENEE 7ANECHEK �� NOTARY PUBLIC Notary Registration Number: RED.*7770977 My Commission Expires: © 3112d2 MY COMMISSION COMMONWEALTH O INI EXPIRES APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFF NCY AND FORM B IC WO KS — REAL ESTATE . H RMEYER SE R CITY ATTORNEY PROPOSED 5.0'X 10' LAKEBRADFORD hFsgp 'EZ DOCK'WITH(2)2.5"N/F CITY OF VIRGINIA SEA CH q eq yFgk GALV.PIPE ANCHORS,& GP/N.' 1479-38-4812 CHUBB �/pF 9'X 14'POLYETHYLENE FLAREOENO SEC T/ON LAKE O,q� FLOATING'EZ-KAYAK (DB. 1018PG 154) �r �qV /NV=3 45 LAUNCH' A. N, APPROX/MATE ROP F-D ° EDGE OF WA TER rt`tt y 'X 30'RJER AT TIME OF SITE SURVE (12)PROPO D " WbOD PjlES ��'o�\ eRApF0 j o. o \ Py 8Ry Rp l'T Q TOP O !9�O pOjNTF L a STORM OU L o BANK \ �t� Aa N' 4 /NV=5.58(PR' J OO 9- 0 o PROPOSED 9.7, N82°50'06"E NORTH W 10,X 10, 0 1.96' a WOOD DOCK o LOCATION MAP 1"=1000- to a P/N(FJ �^ LINE T LE APPLICANT UFLIC ORA/NAGEEASEENT PMENT LINE LENGTH DI CTION N/F TERRY K.GOWN& 1 GAIL H.GOWIN,TRUSTEES (/NSTR.200502250029779J �- L1 39.45' S74°2 4"E OF THE GOWIN LIVING SHED 2. TRUST DATED FEBRUARY .34 S88 O L2 30 ' ° 3 03 8' 24,2020,INSTR 1 #20200226000187390 O3 14 BRADFORD POINT PORCH L3 43.55' N80° 12'09"E VIRGINIA BEACH,VA 23455 GPIN:1570-31-9971 19.16' N67°42'40"E ADJACENT OWNERS 2 I HED 'HURCHIN I 10.0' 2 N/F EDWARDS FAMILY o 1I'X 15.8 STORY EASEMENT I M LIVING TRUST �BR/CK&FRAME I N INSTR.#202203056%7 A'14 00 10 BRADFORD POINT Ll1 373' ( C1 VIRGINIA BEACH,VA 23455 20'PUBL ORA/NAGEEASEMENT GPIN:1570-31-8955 —� N (INS �l50225002 77 J / I HO�O L) ADJACENT OWNERS N m D 3 KLEIMAN REVOCABLE D LISA S 2 Z y LIVING TRUST 0 15707TO y INSTR.#20140213000127150 Z I - I P.C.@BAY m y 18 BRADFORD POINT (n V/EWAVE. m VIRGINIA BEACH,VA 23455 T/L/TYEASEMENT CONC. g� I UTILITY W GPIN.1570-41-0990 (/NST .200502250029779J TELCO M N VAUL T w y�m ADJACENT OWNERS PEDE ' — — — _ ATER — 9 _ — _ _ 40 N/F CITY OF VIRGINIA BEACH ETER D LAKE BRADFORD 2213 PLEASURE HOUSE RD. CURB/NL&I C01VC CURB I P/N(F) 2 VIRGINIA BEACH,VA 23455 R/M=8.52 8 GUTTER N74°12'31°W ASPHALT GPIN 1479-38-4812 . /NV=626(PR% 125.00� 15JY15'V/RG/N/A PG.154 D.B.1018 Os ELECTR/CAND POWER SEWER MANHOL E BRADFORD POINT COMPANYEASEMENT (35'R/GHT--OF-WAY) /NSTR#2022 03 024 082 (/1VSTR 200502250029779) EXHIBIT"A" ENCROACHMENT REQUEST FOR EXISTING SHED,PORCH,PROPOSED TIMBER PILES,WOOD DOCK, PIER, EZ-DOCK,AND KAYAK LAUNCH pJTH FOR THE GOWIN LIVING TRUST 14 BRADFORD POINT GADDY VIRGINIA BEACH,EACH,VIRGINIA 23455 LOT 4,GRANDY POINTE, M.B. 132 PG.41 o MICHAE S. AD z INSTR.#200502250029779 ENGINEERING SERVICES,LLC U 0 40 80 Lic. No. CONTACT: 0 040754 I MICHAEL S.GADDY, PE, LS ��,� ��"� 757-289-5933 SCALE: 1"=40' ASS/ONAL ECG\ 508 N. BIRDNECK RD., SUITE D SHEET 1 OF 2 VIRGINIA BEACH,VA, 23451 PROPOSED 4.9'X 14'POLYETHYLENE FLOATING'EZ-KAYAK LAUNCH' -14 PROPOSED 5'X 10'POLYETHYLENE L L L L L L L L L FLOATING'EZ-DOCK'WITH(2)2.5"GALV. PIPE ANCHORS L L L L L L L L L 5/8"THRU BOLT DOCK 10' WASHER&NUT CROSS NOTES: L L L L L L TIE&STRINGER TO PILE 1. ALL TIMBER MATERIALS USED IN L L L L L L 8'PILE(8'LENGTH) MARINE ENVIRONMENT SHALL BE au PRESERVATIVE TREATED IN 2X8 CROSS TIE-----. tF ACCORDANCE WITH AMERICAN WOOD PROTECTION ASSOCIATION (AWPA)STANDARDS C2 AND C18. 0 2. ALL HARDWARE SHALL BE IN 16D NAIL FACIA TO ACCORDANCE WITH ASTM A-153. 2X8 STRINGER STRINGER&PILE 10'— —f-8' 8'f8'-- —6--� 16D NAIL(OR#10 SCREW) DECK BOARD TO STRINGER PROPOSED PIER DETAIL 8"PIER PILE X t12'LONG 50% OF TOTAL PILE LENGTH PENETRATES BELOW BOTTOM GRADE AND INTO FIRM SOIL EXTEND 10' WOOD PIER.TIE 10'X10'PLATFORM TO EX.GRADE 2X6 DECKBOARD CAP 1'(TYP) EL.7.5't EL. 5.0' 4'WIDE ACCESS WALKWAY _ III- ��'� 4"X4"X3'GRADE I I I I_I I I—�"I I TWO PRESSURE TREATED POST, BOTTOM EL. 1.7' 10' 8' 30' 2X8 CROSS TIE EX.GRADE 2X8 STRINGER SUBAQUEOUS PROPOSED PIER SECTION EXHIBIT"A" ENCROACHMENT REQUEST FOR EXISTING SHED,PORCH, PROPOSED ,t,I,H TIMBER PILES,WOOD DOCK,PIER,EZ-DOCK,AND KAYAK LAUNCH FOR THE GOWIN LIVING TRUST GADDY 14 BRADFORD POINT VIRGINIA BEACH,VIRGINIA 23455 �' MICHAE S. AD z LOT 4, GRANDY POINTE,M.B. 132 PG.41 O ENGINEERING SERVICES,LLC INSTR.#200502250029779 U Lic. No. a CONTACT: -13 0 10 20 PO 04075423�� MICHAEL S. GADDY, PE, LS � 757-289-5933 SCALE: 1"= 10' �SS/ONAL 508 N. BIRDNECK RD., SUITE D SHEET 2 OF 2 VIRGINIA BEACH,VA,23451 r ORPORATED —!� DOCK® MARINE DISTRIBUTION&MARKETING SINCE 1956 0 4'11 ' tr 9'9" (117") --�-- -.- .. r 313" 6'6" (39.91) (78") affordablefloatinedocks@gmail.com AFFORDABLE FLOATING DOCKS, Inc. 9 Affordable Floating 5760 Northampton BLVD.- Suite 102 Docks, Inc Virginia Beach, VA 23455 757-375-3274 ,tom � �9 t ��✓ • � t�`., t. ♦ ' •1 •Y �x' v x''. _ � r; � �� . �. � • �, it � � i w y a•i � '_mot. .. v !; •-, ' a � r �� fir;ram: �r o �'�•�- r L i �� •#, � "� �- .+ ��. � � -.• �gas • r N W E S SITE4ep SNORE DR �JO ON 0 l r i ApF�Rp PT r ` L LOCATION MAP ENCROACHMENT REQUEST ?\ < GOWIN LIVING TRUST Legend �`�" `� B 14 BRADFORD POINT GPIN 1570-31-9971 City Property Feet 1570-31-9971 / �— ��_� 0 50 100 200 Premed by P.W./Ena./Ena.SUDDort Services Bureau 09/12/2022 XACADD\Projects\ARC Files\AGENDA MAPS\1570-31-9971 Disclosure Statement CV Y of Vngmia Beach Planning & Community _. Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board, commission or other body. Applicant Disclosure Applicant Name TERRY K.GOWIN AND GAIL H. GOWIN,TRUSTEES, OF THE GOWIN LIVING TRUST Does the applicant have a representative? ❑ Yes M No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ■ Yes ❑ No • If yes, list the names of all officers,directors,members,trustees,etc. below. (Attach a list if necessary) TERRY K.GOWIN&GAIL H.GOWIN TRUSTEES,OF THE GOWIN LIVING TRUST DATED FEBRUARY 24,2020 • If yes, list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. z"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 11 Page r� Disclosure Statement city Of ViMMU 13-* Planning & Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes 0 No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ® Yes ❑ No • If yes,identify the financial institutions providing the service. Truist Bank formerly SunTrust Bank 2. Does the applicant have areal estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ■ No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes M NO • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes M NO • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes M NO • If yes,identify the purchaser and purchaser's service providers. I Revised 11.09.2020 2 1 P a g e Disclosure Statement City of Vbyinia Niveh Planning & Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ■ Yes ❑ NO • If yes,identify the company and individual providing the service. Earley Contracting Corp. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ® Yes ❑ No • If yes,identify the firm and individual providing the service. Virginia Beach Marine 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® NO • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature TERRY K.GOWIN GAIL H.GOWIN XK_) Print Name and tle -3 Date Is the applicant also the owner of the subject property? ■ Yes ❑ NO If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to -applications No changes as of Date Signature Print Name Revised 11.09.2020 3 1 P a g e/ ,iJ�,NU9fjcy. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into City-owned property known as Croatan Beach, located at the rear of 500 S. Atlantic Ave MEETING DATE: November 21 , 2023 ■ Background: Louis W. Dragas and Jennifer L. Dragas, husband and wife (the "Applicants") request permission to construct and maintain a beach access walkway and an observation deck (collectively, the "Temporary Encroachment") into City-owned property known as Croatan Beach, located at the rear of 500 S. Atlantic Ave (G P I N: 242 7-30-4948). ■ Considerations: City staff reviewed the Temporary Encroachment and have recommended approval of same, subject to certain conditions outlined in the Agreement. The Coastal Zone Coordinator also confirmed that the Encroachment is in conformity with the Beaches and Waterways Advisory Commission's Dune Encroachment Recommendations set forth in the Resolution adopted by City Council on October 23, 2007 (RES-036274). There are similar encroachments in Croatan Beach. ■ Public Information: Public notice will be provided via the normal City Council agenda process. ■ Alternatives: Deny the Temporary Encroachment or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Agreement, Exhibit, Photos, Location Map and Disclosure Statement. Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager:Ap 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 CITY-OWNED PROPERTY KNOWN AS 6 CROATAN BEACH, LOCATED AT THE 7 REAR OF 500 S. ATLANTIC AVE 8 9 WHEREAS, Louis W. Dragas and Jennifer L. Dragas, husband and wife(the 10 "Applicants") request permission to construct and maintain a 56' x 4'.4" beach access 11 walkway and a 10' x 10'.4"observation deck(collectively, the "Temporary Encroachment") 12 within City-owned property known as Croatan Beach(GPIN: 2427-30-8604), located at the 13 rear of 500 S. Atlantic Ave (GPIN: 2427-30-4948); and 14 15 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 16 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 17 the City-owned property subject to such terms and conditions as Council may prescribe. 18 19 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 23 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicants, their heirs, 24 assigns and successors in title are authorized to construct and maintain the Temporary 25 Encroachment within City-owned property as shown on the map entitled: "EXHIBIT 'A' 26 ENCROACHMENT REQUEST FOR PROPOSED DECK AND OBSERVATION DECK 27 DRAGAS, LOUIS W. & JENNIFER L. 500 S. ATLANTIC AVE., VIRGINIA BEACH GPIN: 28 2427-30-4948, LOT A, BLOCK 29 CROATAN BEACH (M.B. 37, PG. 11) VIRGINIA 29 BEACH, VA 23451," Scale: 1" = 40', dated: JUNE 9, 2023, prepared by Dragas 30 Engineering, P.C., a copy of which is attached hereto as Exhibit "A" and on file in the 31 Department of Public Works and to which reference is made for a more particular 32 description; 33 34 BE IT FURTHER ORDAINED, that the Temporary Encroachment is expressly 35 subject to those terms, conditions and criteria contained in the agreement between the City 36 of Virginia Beach and the Applicants (the "Agreement"), an unexecuted copy of which has 37 been presented to the Council in its agenda, and will be recorded among the records of the 38 Clerk's Office of the Circuit Court of the City of Virginia Beach; 39 40 BE IT FURTHER ORDAINED, that the City Manager or his authorized 41 designee is hereby authorized to execute the Agreement; and 42 43 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 44 such time as the Applicants and the City Manager or his authorized designee execute the 45 Agreement. i 46 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 48 day of 2023. 49 50 51 CA16047 R-1 Prepared: 11/7/23 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: P BLI WO KS, REAL ESTATE DANA RMEYER SENI R CITY ATTORNEY 2 LOT 10A N/F I N/F FWM RESIDENTIAL PROPERTIES LLC CITY OF VIRGINIA BEACH w GPIN:2427-31-4083 N "CR❑ATAN BEACH' o INST# 2008081000907580 I GPIN; 2427$0-8604 N770 40'57'E 215,00' ; M.B. 24, PG. 97 ' CD 40'57"E 215.00' n,1 ti� O O°' Q N a F 10 2 OPEN E NR Y #500 od o \� � \�`� \� ��,1 as LOUIS & 3-STORY o m unF- JENNIFER INTERIOR DWELLING o --I S6'� � ,�� z ' ' DRAGAS GARAGELJ (v GPIN: 2427-3 -4948 eo z INST# 20170817000704670 - _ _ ��z_ "ROPOSE a Ld z S770 40'57"W 215,00' - ------- - -- w�' j ° LOTS 9 & 19, BL❑CK 29PROP❑SED J N/F i WALKWAI 10' X 10' A z Q GORDON, JEFFREY R, DECK ¢ C AND PAMELA M, a Q GPIN 2427-30-4911 �C>/V u INST# 202103091843 50 50 a INGRESS/EGRESS WORK AREA P u EXHIBIT NOTES EASEMENT EASEMENT r 1. THIS PLAN WAS PREPARED WITH❑UT THE BENEFIT OF A TITLE REPORT. Q J = w 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY, 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS 0 o COMBINED WITH THE COMPILATI❑N OF DEEDS AND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. EXHIBIT 'A' 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR VERIFICATI❑N ENCROACHMENT REQUEST FOR PROPOSED OF RESTRICTI❑NS REQUIRED BY OTHER ASS❑CIATIONS OR AGENCIES. BEACH ACCESS WALKWAY AND DECK THE MERIDIAN SOURCE OF THIS DRAGAS, L❑UIS W. & JENNIFER L, 'TH OF PLAT IS BASED ON THE VIRGINIA 500 S. ATLANTIC AVE,, VIRGINIA BEACH ��' PI STATE PLAN C❑❑RDINATE SYSTEM, SOUTH ZONE, GPIN: 2427-30-4948, LOT A, BLOCK 29 NAD, 1983/1993 (HARN), COORDINATE CROATAN BEACH (M,B, 37, PG 11 6/9/23 VALUES SHOWN ARE EXPRESSED IN U,S. SURVEY VIRGINIA BEACH, VA 23451 DATE JUNE 9, 2023 � G. M. DRAGAS a FEET, LIC. NO. GRAPHIC SCALE 0 0 4 0 8 DRAGAS ENGINEERING, P,C, 012270 4 i i i 0 2248 SUNSTATES CT., STE. 101 �I � � momi VIRGINIA BEACH, VA 23451 FSS/ONAL E ' 1 INCH = 40 FEET SHEET 1 OF 2 TEL: 757,650,9871 REAR PROPERTY LINE 4 EXISTING REAR FENCE & WALKWAY SLOPE = 1 VERTICAL (2) 1X3 RAIL RETAINING WALL ARE TO 8 H❑RIZONTAL MAXIMUM INSIDE PROPERTY LINE 2X2 @ 5' O/C GUARD Q 56' 3 16' 3' 16' 10' 8' 3 5/4" DECKING r � SL❑PE I SLOPE U,% SLOPE a 2X6 @ 16' ❑/C J❑ISTS w v 18 U 18 UP 8 D o 5/8" DIA, BOLTS (TYP) 0i WALKWAY F - ' WALKWAY 6X6 PT TIMBER (NOTCH) CMU WALL DECK 8 FT. MAX. SPACING z f WALKWAY PLAN (PROPOSED) (2) 2X8 GIRDER 1"=20' T.❑, GRADE r' -III III- -111 III= WALK SLOPE = 1 VERTICAL 36' HIGH GUARD & HANDRAIL PER IRC, 2018 TO 8 HORIZ❑NTAL PICKETS NOT SHOWN FOR CLARITY :5 WALK WALK V, + 4 SLOPE DECK SLOPE � WALK 16' 10' 8' SLOPE 3' 16' 3Li +14.36 WALKWAY SECTI❑N NOT T❑ SCALE +9.87 Vq9,ft77 + .06Plin, +16,62 +12.8 +4,52 6X6 PT POSTS (TYP) 15.15 TOP OF 32" 2X2 PICKETTS DUNE WALKWAY & DECK PR❑FILE (PROPOSED) 1"=20' EXHIBIT 'A' LTH OF ENCROACHMENT REQUEST FOR PROPOSED o �� pj�� BEACH ACCESS WALKWAY, AND DECK DRAGAS, L❑UIS W, & JENNIFER L, 6/9/23 500 S. ATLANTIC AVE„ VIRGINIA BEACH TYP GUARD DETAIL GPIN: 2427-30-4948, LOT A, BLOCK 29 G. M. DRAGAS a NOT TO SCALE CR❑ATAN BEACH (M,B, 37, PG 11 LIC. NO. VIRGINIA BEACH, VA 23451 012270 DATE; JUNE 9, 2023 �/ � GRAPHIC SCALE 0 1 20 40 DRAGAS ENGINEERING, P,C, F /ONAL Ems'\ 2248 SUNSTATES CT,, STE. 101 VIRGINIA BEACH, VA 23451 1 INCH = 20 FEET TEL: 757.650,9871 SHEET 2 OF 2 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this k2 day of NO P- 4 , 2023, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and LOUIS W. DRAGAS and JENNIFER L. DRAGAS, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "A" Block "29", as shown on that certain plat entitled: "RESUBDIVISION OF PART OF CROATAN BEACH PRINCESS ANNE CO, VA," Scale: 1" = 100', dated September 10, 1954, prepared by C.A. Bamforth, CLS which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 37, at page 11, and being further designated, known, and described as 500 S. Atlantic Avenue, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain a 56' x 4'.4" beach access walkway and a 10' X 10'.4" observation deck, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into City-owned property known as Croatan Beach, the "Encroachment Area"; and GPIN: 2427-30-8604 (CITY PROPERTY— CROATAN BEACH) 2427-30-4948 (500 S. ATLANTIC AVENUE) WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: " EXHIBIT "A," ENCROACHMENT REQUEST FOR PROPOSED BEACH ACCESS WALKWAY AND DECK, FOR DRAGAS, LOUIS W. & JENNIFER L., 500 S. ATLANTIC AVE, VIRGINIA BEACH, GPIN:2427-30-4948, LOT A, BLOCK 29 CROATAN BEACH, (M.B. 37, P. 11), VIRGINIA BEACH, VA 23451 SCALE: 1" = 40' DATE: JUNE 9, 2023, PREPARED BY DRAGAS ENGINEERING, P.C., a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and 2 that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements 3 providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed 4 to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, LOUIS W. DRAGAS AND JENNIFER L. DRAGAS, the said Grantees, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2023, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2023, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 Louis W. Dragas ,d nnifer L. Dr gas STATE OF CO�� CITY/COUNTY F � to-wit: The foregoing instrument was acknowledged before me this ►�� day of lc�� , 2023, by Louis W. Dragas and Jennifer L. Dragas, husband and wife. �AviolivMtmAo - 1 1 -1 —1. — - SEAL) Notary Pu lic Notary Registration Number: ASHLEY RENEE JANECHE, NOTARY PUBLIC My Commission Expires: MCLp 3 (_ 202fo REG. #7770977 COMMONWEALTH O ? I W COMMISSION EXPIRES S L L APPROVED AS TO CONTENTS APPROVED AS TO LEGAL allACRykffY__ER AND FORM 124131 C WOR S EAL ESTATE SENIOR CITY ATTORNEY 7 LOT 10A N/F I N/F FWM RESIDENTIAL PROPERTIES LLC CITY OF VIRGINIA BEACH 'Q GPIN:2427-31-4083 N "CRDATAN B ACH' u INST# 2008081000907580 I GPIN: 2427$0-8604 Ia N770 40'57'E 215,00' M.B. 24, PG. 97 l u o N770 40'57'E 215.00' �� (o O Oq z d `C) •r_r•as rr a��a�aaar�sr:�s�s�r,r:�:: �Q�\ �(Q\\��`\ �2\1 J LOT 10 w 3:N/F 2-STORY F #500 ai o L❑UIS & OPEN 3-STORY -v o JENNIFER INTERIOR r� O °` Ln O� �j1 '� ►- ON GARAGE DWELLING o 0 56'� �� b Z -',DRAGAS 3 cu GPIN: 2427-3 -4948 �- -� r v," 1' w z INST# 20170817000704670 _ tf,� N o z Ln S770 40'57'W 215.00' � _ N ti~ ti� �Q w w > LOTS 9 & 19, BLOCK 29 , in ROPOSE PROPOSED '<v N/F ' WALKWA 10, X 10, w < GORDON, JEFFREY R. I DECK > C AND PAMELA M. GPIN 2427 30 4911 INST# 202103091843 L 50' 50' v' �P z = INGRESS/EGRESS WORK AREA P� Q u EXHIBIT NOTES EASEMENT EASEMENT ~ } 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. Q J 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS 0 o COMBINED WITH THE C❑MPILATION OF DEEDS AND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY, EXHIBIT 'A' 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR VERIFICATION ENCROACHMENT REQUEST FOR PROPOSED OF RESTRICTIONS REQUIRED BY OTHER ASS❑CIATIDNS OR AGENCIES, BEACH ACCESS WALKWAY AND DECK THE MERIDIAN SOURCE OF THIS DRAGAS, LOUIS W. & JENNIFER L. 1,TH OF PLAT IS BASED ON THE VIRGINIA GPI S. ATLANTIC AVE., VIRGINIA BEACH t STATE PLAN COORDINATE SYSTEM, SOUTH ZONE, CROATGPIN 2427-3CH4948, 37, A, 11 29 O 0 NAD, 1983/1993 (HARN). COORDINATE VIRGIN N BEACH (VA. 37, PG 11 6/9/23 VALUES SHOWN ARE EXPRESSED IN U.S. SURVEY VIRGINIA BEACH, VA 23451 DATE: JUNE 9, 2023 G. M. DRAGAS FEET, LIC. NO. GRAPHIC SCALE 4 DRAGAS ENGINEERING, P.C. 012270 40 0 0 8 �A i i0 2248 SUNSTATES CT., STE. 101 ^ F, VIRGINIA BEACH, VA 23451 /ONAL E '\ TEL: 757,650.9871 1 INCH = 40 FEET SHEET 1 OF 2 REAR PROPERTY LINE 4' EXISTING REAR FENCE & WALKWAY SLOPE = 1 VERTICAL (2) 1X3 RAIL RETAINING WALL ARE T❑ 8 H❑RIZ❑NTAL MAXIMUM INSIDE PROPERTY LINE 2X2 @ 5' ❑/C GUARD r� 6 A Q 3' 16' 3' 16' 10' 8' 3 5/4' DECKING } J SLOPE SLOPE v SLOPE - 2 X 6 La 16' ❑/C J❑ISTS ;t 1:8 U 1:8 UP i o w -«v o ,� 8 D o 5/8' DIA. BOLTS (TYP) cU WALKWAY WALKWAY 6X6 PT TIMBER (N❑TCH) uo CMU WALL DECK 8 FT, MAX. SPACING z WALKWAY PLAN (PROPOSED) (2) 2X8 GIRDER 1"=20' T.O. GRADE =III III= =III III= o WALK SLOPE = 1 VERTICAL 36' HIGH GUARD & HANDRAIL PER IRC, 2018 = z TO 8 H❑RIZ❑NTAL PICKETS NOT SHOWN FOR CLARITY :5 V. + 1. 4 SLOPE DECK SLOPE z IL WALK 16' 10, 8' S LOPE 4+9.877 +14.36 WALKWAY SECTION NOT TO SCALE +10.06 10.78 +16.62 +12.8 +4.52 6X6 PT POSTS (TYP) 15.15 TOP OF 3�' 2X2 PICKETTS DUNE WALKWAY & DECK PROFILE (PROPOSED) 1"=20' EXHIBIT 'A' LTH OF ENCROACHMENT REQUEST FOR PROPOSED BEACH ACCESS WALKWAY, AND DECK o DRAGAS, L❑UIS W. & JENNIFER L. 6/9/23 500 S. ATLANTIC AVE., VIRGINIA BEACH '� TYP GUARD DETAIL GPIN: 2427-30-4948, LOT A, BLOCK 29 U G. M. DRAGAS y NOT T❑ SCALE CR❑ATAN BEACH (M.B. 37, PG 11 LIC. N0. VIRGINIA BEACH, VA 23451 012270 DATE: JUNE 9, 2023 GRAPHIC SCALE �� 0 DRAGAS ENGINEERING, P.C. 20 40 /OVAL '\ 1 2248 SUNSTATES CT., STE, 101 Mom- '76m VIRGINIA BEACH, VA 23451 1 INCH = 20 FEET TEL: 757,650.9871 SHEET 2 OF 2 _%�'—✓ N T W E __NORFOLK2 V S ,O'r O i SLfL= r' I 1 `t I It 1 '1 �S I G LOCATION MAP ENCROACHMENT REQUEST OWNER: JENNIFER L. AND LOUIS W. DRAGAS Legend 500 S. ATLANTIC AVENUE GPIN 2427-30-4948 2427-30-4948 J 1 Feet City Property 0 50 100 200 Prepared by P.W./Enq./Enq. Support Services Bureau 02/22/2023 X:\CADD\Projects\ARC Files\AGENDA MAPS\2427-30-4948\2427-30-4948.mxc Disclosure Statement X� t u�ett^oy;we Planning & Community Oyu Development — - The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board, commission or other body. Applicant Disclosure Applicant Name Louis W. &Jennifer L. Dragas Does the applicant have a representative? ❑ Yes N No • If yes, list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes ❑ NO • If yes, list the names of all officers,directors,members,trustees,etc. below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code §2.2-3101. Revised 11.09.2020 1 1 p a g e Disclosure Statement X13 Planning, &Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes W No • If yes,what is the name of the official or employee and what is the nature of the interest? American Neighborhood Mortgage Acceptance Company, LLC Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross•collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? 9 Yes ❑ No • If yes,identify the financial institutions providing the service. American Neighborhood Mortgage Acceptance Company LLC 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes FK No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes I No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes J7K1 No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑ Yes F No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 1 F a € E.. Disclosure Statement x13 c,ty J l'rnpnnr BrSxfr Planning & Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes * NO • If yes,identify the company and individual providing the service. 7 Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes IN NO • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes V No • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature Louis W. Dragas Jennifer L. Dragas Print Name and Title 3-4-2023 - ---- -4-2-1-Q2 _ Date is the applicant also the owner of the subject property?-Q Yes ❑ No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes as of Date Signature Print Name Revised 11.09.2020 3 1 P a g e Nu f� Zsjo CITY OF VIRGINIA BEACH AGENDA ITEM ITEM:An Ordinance to Accept and Appropriate Funds for the Mobilization of Virginia Task Force 2 for Tropical Cyclone Idalia in Florida MEETING DATE: November 21, 2023 ■ Background: Virginia Task Force 2 (VA-TF2) is a part of the Federal Emergency Management Agency (FEMA) Urban Search and Rescue Task force. The purpose of this specialized team is to assist localities that have been impacted by a disaster. The team is made up of highly trained individuals. The team received activation orders to assist with Tropical Cyclone Idalia in Florida, and the VA-TF2 sent 80 members to respond to this event. ■ Considerations: Upon activation FEMA provides funding to reimburse sponsoring agencies for equipment, supplies and personnel costs incurred while supporting the event. As the sponsoring agency, the Fire Department is responsible for the administrative and fiscal management of the team and its assets. Consistent with previous deployments, FEMA authorized the reimbursement of all eligible expenses related to these activation orders. The reimbursement documents have been completed; the cost for responding to the event was $1,122,737.36 In addition, the department is entitled to $22,227.37 for the cost of preparing these claims. ■ Public Information: Normal agenda process. ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager: AP 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FOR THE MOBILIZATION OF VIRGINIA TASK 3 FORCE 2 FOR TROPICAL CYCLONE IDALIA IN 4 FLORIDA 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1) $1,122,737.36 is hereby accepted from the Federal Emergency Management 10 Agency (FEMA) and appropriated, with federal revenue increased accordingly, 11 to the FY 2023-24 Operating Budget of the Fire Department for the mobilization 12 of Virginia Task Force 2 for Tropical Cyclone Idalia in Florida. 13 14 2) $22,227.37 is hereby accepted from FEMA and appropriated, with federal 15 revenue increased accordingly, to the FY 2023-24 Operating Budget of the Fire 16 Department for the administration of Virginia Task Force 2's mobilization to 17 Florida. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2023. Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget and Management Services ity Aftorney's Office CA16368 R-1 November 8, 2023 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds to Support the Cost of Equipment for the Virginia Task Force 2 Team MEETING DATE: November 21 , 2023 ■ Background: Virginia Task Force 2 (VA-TF2) is a part of the Federal Emergency Management Agency (FEMA) Urban Search and Rescue Task force. The purpose of this specialized team is to assist localities that have been impacted by a disaster. The team is made up of highly trained individuals. VA-TF2 received a Program Directive (USR PD 2023-009) from FEMA indicating that all system task forces are receiving an amendment to their FY 2022 Readiness Cooperative Agreement. This supplemental funding will be used to purchase equipment specified in the FEMA standardized cache list for replacement of aging public safety items. ■ Considerations: As the sponsoring agency, the Fire Department is responsible for the administrative and operational management of the team and its assets. This supplemental award from FEMA is $158,477. ■ Public Information: Normal agenda process. ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS TO SUPPORT THE COST OF EQUIPMENT 3 FOR THE VIRGINIA TASK FORCE 2 TEAM 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $158,477 is hereby accepted from the Federal Emergency Management Agency 9 (FEMA) and appropriated, with federal revenue increased accordingly, to the FY 2023-24 10 Operating Budget of the Fire Department for the costs associated with equipment needed 11 for the Virginia Task Force 2 Team. Nothing herein shall obligate the City to replace any 12 equipment purchased with FEMA funds. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2023. Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: C A / --- B dget and Management Services ttorney's Office CA 16369 R-1 November 8, 2023 f CITY OF VIRGINIA BEACH AGENDA ITEM ITEM:An Ordinance to Accept and Appropriate Funds for the Mobilization of Virginia Task Force 2 for Tropical Cyclone Lee in New Hampshire MEETING DATE: November 21, 2023 ■ Background: Virginia Task Force 2 (VA-TF2) is a part of the Federal Emergency Management Agency (FEMA) Urban Search and Rescue Task force. The purpose of this specialized team is to assist localities that have been impacted by a disaster. The team is made up of highly trained individuals. The team received activation orders to assist with Tropical Cyclone Lee in New Hampshire, and the VA-TF2 sent 14 members to respond to this event. ■ Considerations: Upon activation FEMA provides funding to reimburse sponsoring agencies for equipment, supplies and personnel costs incurred while supporting the event. As the sponsoring agency, the Fire Department is responsible for the administrative and fiscal management of the team and its assets. Consistent with previous deployments, FEMA authorized the reimbursement of all eligible expenses related to these activation orders. The reimbursement documents have been completed; the cost for responding to the event was $119,519.48. In addition, the department is entitled to $3,390.39 for the cost of preparing these claims. ■ Public Information: Normal agenda process. ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager: PV 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FOR THE MOBILIZ_'-ATION OF VIRGINIA TASK 3 FORCE 2 FOR TROPICAL CYCLONE LEE IN NEW 4 HAMPSHIRE 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1) $119,519.48 is hereby accepted from the Federal Emergency Management 10 Agency (FEMA) and appropriated, with federal revenue increased accordingly, 11 to the FY 2023-24 Operating Budget of the Fire Department for the mobilization 12 of Virginia Task Force 2 for Tropical Cyclone Lee in New Hampshire. 13 14 2) $3,390.39 is hereby accepted from FEMA and appropriated, with federal 15 revenue increased accordingly, to the FY 2023-24 Operating Budget of the Fire 16 Department for the administration of Virginia Task Force 2's mobilization to 17 New Hampshire. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2023. Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget and Management Services ttor ey s Office CA16366 R-1 November 8, 2023 4 F. J J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate State Funds for Salary Adjustments for the Voter Registrar and Local Electoral Board MEETING DATE: November 21, 2023 ■ Background: Virginia law requires each locality to pay compensation to their voter registrar and local electoral board in accordance with the compensation plan in the General Assembly's Appropriation Act. On November 3, the City was notified of the approved compensation adjustment resulting from the state's recently-adopted budget. A 5% salary increase was provided July 1 , 2023, and accounted for in the FY 2023-24 Adopted Budget. The additional funds from the Commonwealth ($9,686) will provide an additional salary increase of 2%. ■ Considerations: These funds are provided by the Commonwealth. There are no additional obligations to the City from this request. ■ Public Information: Normal Council Agenda process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Voter Registration and Elections City Managerfih_� 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 FUNDS FOR SALARY ADJUSTMENTS FOR THE VOTER 3 REGISTRAR AND LOCAL ELECTORAL BOARD 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $9,686 is hereby accepted from the Commonwealth and appropriated, with 9 revenue increased accordingly, to the FY 20,23-24 Operating Budget of Voter Registration 10 and Elections to fund salary adjustments approved by the General Assembly. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2023. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1 Budget and Management Services City ney's Office CA16370 R-1 November 8, 2023 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $573,734 from the Tourism Investment Program Fund to Support the Contract for Lifeguard Services MEETING DATE: November 21, 2023 ■ Background: The City has historically contracted for lifeguard services at the Resort Area, North End, and Croatan beaches. Virginia Beach Life Saving Inc. (VBLS) has been the provider of these services for many years. The current contract with VBLS expired on October 31, 2023. After issuance of a new Request for Proposal for lifeguard services, the review committee recommended negotiation and award to VBLS. The proposed contract for the provision of lifeguard services is for a period of March 1, 2024, through October 31 , 2028. The first year of the contract will cost $2,950,000, and this amount is a 47% increase over the 2023 contract cost. Each subsequent year is subject to an escalation of 5% or the annual consumer-price-index increase as determined by the Bureau of Labor Statistics, whichever is lower. The contract includes the option to extend services for three one-year renewals as well. The payment schedule of the contract requires a total of six payments for each annual period, of which two payments totaling 30% of the total cost must occur in this current fiscal year. The Tourism Investment Program (TIP) Fund has been identified as the funding source for lifeguard expenses that exceed the 2023 contract cost. The first year of the contracted services beginning March 1, 2024, will result in payments due in the current fiscal year of $885,000, which is an increase of $573,734 from the budgeted amount. ■ Considerations: If this item is approved, the City can complete the award and contract process for lifeguard services. Future fiscal years will be programmed in subsequent budgets. The source of this transfer will be unexpended debt service within the TIP fund. The FY 2023-24 Adopted Operating Budget assumed a bond sale in the fall of 2023 for the Atlantic Park project. The bond sale will now likely be held in the spring of 2024, creating some capacity within the fund for this transfer. ■ Public Information: Normal Council Agenda Process. ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance; Disclosure Form Recommended Action: Approval Submitting Department/Agency: Emergency Medical Services City Manager: l�9 1 AN ORDINANCE TO TRANSFER $573,734 FROM THE 2 TOURISM INVESTMENT PROGRAM FUND TO SUPPORT 3 THE CONTRACT FOR LIFEGUARD SERVICES 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $573,734 is hereby transferred from the Tourism Investment Program Fund to the 9 FY 2023-24 Operating Budget of the Department of Emergency Medical Services to allow 10 the execution of a contract for beach lifeguard services. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: A4� Budget and anagement Services it ney's Office CA16365 R-1 November 8, 2023 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: Virginia Beach Lifesaving Service, LLC SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES FNO] SERVICE PROVIDER (use additional sheets if1 needed) 0 ❑ Accounting and/or preparer of WEC CPA's, Norfolk, VA your tax return Financial Services (include Towne Bank, Va Beach, Va Q lending/banking institutions and current mortgage holders as applicable) Wolcott Rivers, Et al XQ � Legal Services N/A © Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. v APPLICANT'S SIGNATURE PRINT NAME DATE J. PLANNING 1. WYCLIFFE PRESBYTERIAN CHURCH for a Modification of Conditions to a Conditional Use Permit re religious use at 1445 North Great Neck Road, 2307 Millwood Road and parcel between 2307 and 2309 Millwood Road DISTRICT 8 (Deferred from October 17, 2023) RECOMMENDATION: STAFF APPROVAL PLANNING COMMISSION DENIAL APPLICANT REQUESTS DEFERRAL TO DECEMBER 12,2023 NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday,November 21, 2023 at 6:00 p.m. in the Council Chamber at City Hall, 2- Floor at 2401 Courthouse Drive, Building i, Virginia Beach,VA 23456.Members of the public will be able to observe the City Council meeting through livestreaming on www.virginiabeach.gov, broadcast on VBTV,and via WebEx.Citizens who wish to speak can sign up to speak either in- person at the Council Chamber or virtually via WebEx by completing the two-step process below.All interested parties are invited to observe. If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: 1. Register for the WebEx at: htlr)s://Yboov.webex.com/weblink/ reeister/re96a b22-31f48fc63dfc28 745b63da9c9 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on November 21,2023. The following requests are scheduled to be heard: Wycliffe Presbyterian Church(Applicant& Property Owner)Modification of Conditions (Religious Use) Addresses: 1445 North Great Neck Road, 2307 Millwood Road, parcel between 2307 & 2309 Millwood Road GPIN(s): 2408098544, 2408098375,2408191128 City Council: District 8 Copies of the proposed plans,ordinances, amendments and/or resolutions are on file and may be examined by appointment in the Planning Department at 2875 Sabre St,Suite 500,Virginia Beach,VA 23452 or online at www.virginiabeach.gov/pc. For information call 757-385-4621. Staff Reports will be available on the webpage 5 days prior to the meeting. If you require a reasonable accommodation for this meeting due to a disability,please call the City Clerk's Office at 757-385-4303. If you are hearing impaired,you can contact Virginia Relay at 711 for TDD service.The meeting will be broadcast on cable TV, www.virgniabeach.gov and Facebook Live. Please check our website at https.,//clerk.virginiabeach.gov/city- council for the most updated meeting information. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT - NOVEMBER 7 & 14, 2023 - 1 TIME EACH '\ f 1- R 1 Q G C, N 16r ❑ \ / it Q IR20 -R20 i _. f r /1 f . 2 �I N ® site Wycliffe Presbyterian Church NV- �� I Property Polygons '1445 North Great Neck Road, 2307 Millwood Road, parcel Zoning between 2307 & 2309 Millwood Road Building Feet 0 40 80 160 240 320 400 480 SYKES, BOURDON, FERN & LEVY, P.C. 4429 BONNEY ROAD ATTORNEYS AND COUNSELORS AT LAW SUITE 500 R. EDWARD BOURDON JR VIRGINIA BEACH, VIRGINIA 23462 JAMES T. CRO-MWELL ASHLEY M. EICK TELEPHONE: 757-499-8971 L. STEVEN EMMERT FACSIMILE: 757-456-5445 MARK R. GARRETT November 16,2023 MOLLY R. KISER Email:MITI orkleCCrsykesbotirdou,com KIRK B. LEVY MICHAEL J. LEVY' HOWARD R. SYKES, JR. DAVID M. 20BEL Via Email and Hand Delivery -Admitted'"V"gi�and Wash otonDC The Honorable Mayor Robert Dyer Vice Mayor Rosemary Wilson Honorable Members of City Council c/o Amanda Barnes,City Clerk Office of the City Clerk City Hall Building#1, Room 281 Municipal Center Virginia Beach,Virginia 23456 Re: Request to Defer-Wycliffe Presbyterian Church Application for a Modification to its 1966 Use Permit for Church as previously modified in 2000 to reflect the actual use by the Church of 4.132 acres of its property for a Religious Use and to permit the Church to convey its excess property to a third party contract purchaser;Currently scheduled for your November 21,2023 Public Hearing Dear Honorable Mayor Dyer,Vice Mayor Wilson and Members of City Council: On behalf of Wycliffe Presbyterian Church,I write to respectfully request a deferral of the above referenced matter to the City Council's December 12, 2023 public hearing. The contract purchaser of the Church's excess land has asked for the additional time to explore the feasibility of a plan which will protect and preserve the regional public stormwater BMP/pond located on the property, The Church is encouraged by this effort and respectfully requests approval of this deferral request. With best regards, I am Very truly yours, REBjr/arhm ward Bourdon,Jr. cc: Rev.Dr.Garrett Bugg Trustees of Wycliffe Presbyterian Church Mark Stiles,City Attorney B.Kay Wilson,Deputy City Attorney Kathy Warren,Director,Department of Planning&Community Development H:\AM\—Mod of Conditions\"'Wycliffe Presbyterian\Dyer_Ltr 11-16-2023.docx �Ov y1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: WYCLIFFE PRESBYTERIAN CHURCH [Applicant & Property Owner] Modification of Conditions to a Conditional Use Permit (Religious Use) for the property located at 1445 North Great Neck Road, 2307 Millwood Road, & parcel between 2307 & 2309 Millwood Road (GPINs 2408098544, 2408098375, 2408191128 ). COUNCIL DISTRICT 8 MEETING DATE: November 21, 2023 (Deferred from October 17, 2023) ■ Background: This item was deferred at the October 17, 2023, City Council Hearing to allow additional time for the City Council to review and receive additional input on the proposal. The Open Space Advisory Committee (OSAC) considered the application at their October 23, 2023 meeting, specifically related to the 3.88 acre portion proposed to be removed from the Conditional Use Permit. After considering several scenarios, the OSAC voted that the City not move forward with the acquisition of the 3.88 acres, either in whole or in part. The applicant is requesting to modify the conditions of a Conditional Use Permit for a Religious Use approved by the City Council in 1966. Previous modifications for a childcare education center and a church building addition were approved in 1988 and 2000. A separate Conditional Use Permit for a Pump Station was approved for the property in 1973. The applicant is seeking to sell an approximately 3.88-acre portion of the property that is not needed for church use. With the removal of the 3.88-acre portion, a modification to the Conditional Use Permit is required to remove the use from the portion of the property to be sold. The church will retain approximately 4.13-acres of land for the existing church facilities and parking. The 4.13-acre portion to remain exceeds the minimum three-acre lot area requirement for religious uses, as identified in Section 240.1 of the Zoning Ordinance. ■ Considerations: The request to remove 3.88 acres from the previously approved Conditional Use Permit is consistent with the policies and goals set forth in the Comprehensive Plan for the Suburban Area. In Staff's view, the request is acceptable; however, the Planning Commission voted to recommend denial of the application. There were 18 speakers in attendance at the Planning Commission public hearing, all of whom opposed the request. The speakers raised concerns specifically Wycliffe Presbyterian Church Page 2 of 2 related to the potential future by-right development on the 3.88-acre portion of the property to be sold. The concerns raised were related to the filling of wetlands on the property, potential flooding that could occur from the proposed by-right development, and the potential negative impact to wildlife on the property. Staff received 36 letters of opposition and two letters of concern, all of which expressed similar concerns. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. ■ Recommendation: On August 9, 2023, the Planning Commission passed a motion to recommend denial of this request by a vote of 6 to 4. If the City Council chooses to approve the request, Staff recommends the following conditions: 1. All previous conditions attached to the Conditional Use Permit approvals of August 3, 1966, and October 15, 1973, as well as the Modification of Condition approvals of December 19, 1988, and December 12, 2000, shall remain in effect and Condition 2, as indicated below, shall be added. 2. The applicant/owner shall submit a resubdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning & Community Development prior to the recordation, which shall be in substantial conformance to the submitted resubdivision plat entitled "RESUBDIVISION PLAT OF PARCEL B-1-A AND PARCEL B-2-A (INSTRUMENT # 20141218001186080) (D.B. 1355 PG.661) AND LOT 1, BLOCK B GREAT NECK ESTATES, SECTION ONE (M.B.43 PG.28) (D.B. 1826 PG 516) VIRGINIA BEACH, VIRGINIA FEBRUARY 03, 2023," dated 02/03/2023, prepared by Gaddy Engineering Services, LLC, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter(s) of Concern (2) Letter(s) of Opposition (36) Recommended Action: Staff recommends Approval. Planning Commission recommends Denial. r Submitting Department/Agency: Planning Department, City Manager:/*�f) Applicant & Property Owner Wycliffe Presbyterian Church Agenda Item Planning Commission CouncilCity ic Virginia each Request Modification of Conditions (Religious Use) Staff Recommendation —y Approval • p � Staff Planner Marchelle Coleman v Location 1445 North Great Neck Road, 2307 Millwood Road, parcel between 2307& 2309 Millwood \ Road GPINs 2408098544,2408098375,2408191128 9D� Site Size 8.01 acres rr 9 AICUZ OR Less than 65 dB DNL r Watershed Chesapeake Bay r rrExisting Land Use and Zoning District ��' • �� '` ."'., %" � Religious use/R-10 Residential Surrounding Land Uses and Zoning Districts North N. Great Neck Road Undeveloped lots, restaurant, office/ R-10 � ` � ^ Residential, B-2 Community Business District �' a :'' *' ��' . •k South � ,, ..ti„°*,.. � . �•, , �; `rid'�� , Single-family dwellings/R-20 Residential .P5`�'r East Office, single-family dwellings/B-2 Community Business, R-10 Residential West '` x Single-family dwellings/R-10 Residential Wycliffe Presbyterian Church Agenda Item 6 Page 1 Background of • • • • Wycliffe Presbyterian Church has existed on these R-10 Residential zoned parcels since the 1960s. A Conditional Use Permit for a religious use was granted by the City Council on August 3, 1966 and a separate Conditional Use Permit was approved for a Pump Station on a 0.045 acre portion of the property on October 15, 1973. Subsequently in 1988 and 2000,the City Council approved a childcare education center and a church addition. • The applicant intends to sell an approximately 3.88 acre portion of the property that has not been used for any religious purpose for decades,thus necessitating the Modification of Conditions. • With the removal of approximately 3.88 acres, approximately 4.13 acres of land, including the church facilities and parking,will remain under the church's ownership.The 4.13 acres remaining with the church exceeds the required three-acre lot area requirement for religious uses,as identified in Section 240.1 of the Zoning Ordinance. 0 Zoning History In # Request ® / 1 SVR(Lot Width Reduction)Approved 10/05/2021 �,o Q CUP(Vocational School)Approved 10/05/2021 82 2 CUP(Tattoo Parlor)Approved 01/21/2020 3 MDC(Church Addition)Approved 12/12/2000 ° so MDC(Child Care Education Center)Approved 12/19/1988 CUP(Pump Station)Approved 10/15/1973 i2 R20 AO CUP(Church)Approved 08/03/1966 9 J 4 CUP(Automobile Repair Garage)Approved 06/09/1992 n LApplication Types CUP—Conditional Use Permit MDC—Modification of Conditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental Evaluation • • , • This request for a Modification of Conditions to remove approximately 3.88-acres from the previously approved Conditional Use Permits, in Staff's Opinion, is acceptable.The request is consistent with the policies and goals set forth in the Comprehensive Plan for the Suburban Area, as the existing church complements the existing uses in the area and provides much needed services to the surrounding community. Staff does not anticipate any negative impacts from a reduction in the property associated with the church as all the required parking will continue to be met on the site,and the church will to continue to operate as it has for the past several decades with the same facilities,access,and parking to accommodate parishioners and guests. Based on these considerations, Staff is recommending approval of this Modification of Conditions request. Wycliffe Presbyterian Church Agenda Item 6 Page 2 Recommended Conditions 1. All previous conditions attached to the Conditional Use Permit approvals of August 3, 1966 and October 15, 1973,as well as the Modification of Condition approvals of December 19, 1988 and December 12, 2000 shall remain in effect and Condition 2, as indicated below,shall be added. 2. The applicant/owner shall submit a resubdivision plat to the City of Virginia Beach,subject to the review and approval of the Department of Planning&Community Development prior to the recordation,which shall be in substantial conformance to the submitted resubdivision plat entitled "RESUBDIVISION PLAT OF PARCEL B-1-A AND PARCCEL B-2- A(INSTRUMENT#20141218001186080) (D.B. 1355 PG.661) AND LOT 1, BLOCK B GREAT NECK ESTATES,SECTION ONE (M.B.43 PG.28) (D.B. 1826 PG 516)VIRGINIA BEACH,VIRGINIA FEBRUARY 03, 2023," dated 02/03/2023, prepared by Gaddy Engineering Services, LLC, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning&Community Development. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Previous Conditions from 1966 CUP 1. Standard site plan requirements. 2. An additional 25-foot dedication for the widening of Great Neck Road. Previous • • • from 1. Standard site plan requirements (Engineering). Previous Conditionsfrom • ' 1. The utilization of Best Management Practices for controlling stormwater runoff which are reasonably applicable to the development of the site. Previous • • • from 111 MDC 1. Land disturbance for the addition shall be kept at a minimum.Any removal of existing mature trees shall be replaced at a 3:1 ratio.The replacement trees shall be a minimum 2-1/2 inch to 3 inch caliper. 2. The building addition shall be constructed substantially in accordance with the submitted elevation titled "WYCLIFFE PRESBYTERIAN CHURCH,Virginia Beach,VA.", dated 22 August 2000, prepared by Tymoss& Moss Architects,that is on file in the City of Virginia Beach Planning Department. Wycliffe Presbyterian Church Agenda Item 6 Page 3 Comprehensive . • . . The Comprehensive Plan identifies this site as being located within the Suburban Area.The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance;and creating and maintaining a transportation system that provides connectivity and mobility.Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability,and effective buffering with respect to type,size, intensity,and relationship to the surrounding uses.The proposal to subdivide the parcel would not create any conflicts with the Comprehensive Plan. ImpactsNatural & Cultural Resources The site is located in the Chesapeake Bay watershed and there are no known significant cultural resources associated with this site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic N.Great Neck Road 38,800 ADT' 55,000 ADT 1(LOS 4"D") Existing Land Use 2-0 ADT Millwood Road No Data Available Proposed Land Use 3-117 ADT 'Average Daily Trips 2 as defined by a vacant 3.9-acre 3as defined by a 3.9-acre R-10 4 LOS=Level of Service parcel zoned parcel Master Transportation Plan (MTP) and Capital Improvement Program (CIP) N. Great Neck Road is a six-lane suburban arterial in the vicinity of this site. N. Great Neck has a variable right-of-way width and the MTP shows a divided highway with a bikeway and an ultimate right-of-way width of 120 feet. There are currently no CIP projects scheduled for this segment of N. Great Neck Road. Millwood Road is a two-lane residential roadway that intersects with N. Great Neck Road at a unsignalized intersection. ImpactsPublic Utility Water There is an existing 16-inch City water main along N. Great Neck Road and an existing eight-inch city water main along Millwood Road.The parcels are currently connected to City water. Sewer There is an existing eight-inch City sanitary sewer gravity main along N. Great Neck Road.There is an existing 12-inch City sanitary gravity main and an existing eight-inch City sanitary sewer force main along Millwood Road.The parcels are currently connected to City sanitary sewer services. Wycliffe Presbyterian Church Agenda Item 6 Page 4 Public • • Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on July 10, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays,July 26, 2023 and August 2, 2023. • As required by City Code,the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on July 24, 2023. • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of www.virginiabeach.gov/pc on August 3, 2023. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays, November 7, 2023 and November 14, 2023. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on November 6, 2023. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on November 17, 2023. Wycliffe Presbyterian Church Agenda Item 6 Page 5 DUNE dKa ARIA TAML • 2!n! LOVDtN RVW wild CNRD LlID11 TMOWT DDaW00 r LDBWWATM LDT M1fJ1il"'LDT.pC.) 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( E 12Tt�4I.af Po/IS/AG&MIA r E rcamatem (D N.L�aT/VEQYRCi90 eeaLruNrfwsooa (M,B.43 PG.28) to AxApxFAiD/NRWrCKM1Yj (Ad LIDL FeC IF{1 GADDY (D.B.1828 PG,516) Cr p a awls/ GRAPHtcSCALE 1tlPt4 G VIRGINIA REACH,VIRGINIA W s w 1m tss �a�ro•u FEBRUARY03,2023 (D WOattwwaotro.auraD t•-sD 1•argaFApt,vw a•1 SZ � SHEET 2 OF 2 0) T+ r) 0� (D S C m 3 O) Ol S Site Ph s .. 41 .+T 4 r W �. .�',w�, �r "` r�t and y r��•t4`�t � �a'q;<;r�,,� •i � � ��:}' tad x..; } ;fi�'•ir'„ wN 21 r . 1 Site Photos rT w 'F 'Y k r r z� Y I\� t� Wycliffe Presbyterian Church Agenda • • Disclosure Disclosure Statement 10 Planning&Community wb IN-velopment ON The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Wycliffe Presbyterian Church Does the applicant have a representative? ®Yes ❑No • If yes,list the name of the representative. R.Edward Bourdon,Jr.Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?®Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) David Gangwer&David G.Carney,Co-Trustees • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 1 Wycliffe Presbyterian Church Agenda Item 6 Page 9 Disclosure Statement Disclosure Statement (pity jt'uyuuuNmi: Planning&Communihr r:. Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes ®No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ■No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ■Yes ❑No • If yes,identify the company and individual providing the service John Profilet,S.L.Nusbaum Realty Cc I Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes k7 No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ® No • If yes,identify the firm and individual providing the service. S. Is there any other pending or proposed purchaser of the subject property?i Yes ❑NO • If yes,identify the purchaser and purchaser's service providers. Bishard Development Corporation Revised 11.09.2020 1 1 Wycliffe Presbyterian Church Agenda Item 6 Page 10 Disclosure Disclosure Statement X in ViJ Planning&CorrirrlunitN Development 6. Does the applicant have a construction contractor in connection with the subject of the application of any business operating or to be operated on the property,O Yes ®No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?®Yes ❑No • If yes,identify the firm and individual providing the service. Mske Gaddy,Gaddy Engineering 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the properly ®Yes C No • if yes,identify the firm and individua!providing the service. R.Edward Bourdon,Ir,Esq Sykes,Bourdon,Aherr&levy,P.C. Applicant 5i nature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the appiicat-on has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA CBPA,Wetlands Board or any public body or committee in connection with this application. Wycliffe Presbyterian Church By Applicant Signature lit//v ---_�_ Print Name and Title Date -. ._.. Is the applicant also the owner of the subject property? ■Yes ❑NO • I`yes,you do not need to fill out the owner disclosure statement that pertains to the applications No chances as of ; oat" 11/1/2023 1 S'—tur>• N—, Marchelle L. Coleman Wycliffe Presbyterian Church Agenda Item 6 Page 11 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Wycliffe Presbyterian Church Agenda Item 6 Page 12 Virginia Beach Planning Commission August 9, 2023 Public Meeting Agenda Item # 6 Wycliffe Presbyterian Church RECOMMENDED FOR DENIAL Madam Clerk: Agenda item number six is for Wycliffe Presbyterian Church. It's an application for modification of conditions for religious use at 1445 Great Neck Road, 2307 Millwood Road, and the parcel between 2307 and 2309 Millwood Road in District eight. Mr. Alcaraz: Thank you for waiting. Mr. Bourdon: Oh, not a problem. Mr. Chairman, members of the commission. For the record, Eddie Bourdon, Virginia Beach Attorney, I'm coming before the commission this afternoon representing Wycliffe Presbyterian Church. I wanna start by saying this is not a request for a zoning change. It is a request to remove from a use permit, granted 57 years ago, a 3.88-acre parcel, which is not, and has not been used for a religious use leaving the church and its facilities, buildings, parking, access etc. On 4.1 acres, the southern parcel containing 4.1 acres of land of their over eight-acre combination of parcels. As your professional staff has reported to you, Wycliffe Presbyterian applied for, and was approved for the use permit in August of 1966, three years after the City of Virginia Beach was formed. And given that they owned three contiguous parcels at that time, containing, you know, approximately eight and a quarter acre at that time, they included all three parcels in their use permit request in 1966. At that time, the properties were zoned R-3 or R-4, residential, and they are now zoned R-10 residential all of the property the church owns. Just like the properties which, abut the northern portion of their property that are also zoned R-10 and developed with houses under that zoning district. The original 1966 use permit approval did not contain any condition which restricted or applied any development conditions, landscaping, et cetera, or restrictions of any kind applicable to the two northernmost of the three properties that were included in the application. The years later, as staff has reported, the church obtained modifications to their use permit or amendments to their use permits as described in the report. Again, no limitations nor conditions were imposed on the use of the Northern properties owned by the church that are the subject of this request, that they simply be deleted from the use permit. I will note and correct slightly what Ms. Coleman told you all this morning regarding a 1973 acquisition by the City of Virginia Beach from the church of a portion of the Northern property along Millwood Road for a pump station. The city acquired that property from the church. The city did not require the church to modify its use permit that has never occurred and then later after having acquired it, as required at the time, the city applied for a conditional use permit to put a pump station on the site that they had acquired from the church and that's no longer a requirement, but that's how that sequence occurred. There was no modification required of the church in order for that to take place. There is a building on the Northern parcel, which we are asking to be removed from the use permit that building has for up until two or three years ago, been used for about a quarter of a century as an occupied by the Virginia Beach Health Department's infant STEM program, which the church essentially gave them the right no rent, no reimbursement of costs, et cetera. The right to use that property, $1 a year lease. The building, which back in the 90s was kind of, you know, upgraded a little bit by a bunch of volunteers, as I understand it, including members of the church. The building has deteriorated its condition because the church can't afford to maintain it. They weren't getting any rent. The city agency didn't maintain it and the church went to the city 2-3 years ago and asked if the city one would assist in renovating that building on residential property use for an office use or two, agree to pay rent and maintain the property if the church invested money to fix up the building, or three, if the city would buy the property. The city declined all three opportunities. The church then asked the city, went to the planning department, and asked the city if the church could rezone that northern property that they're not using for the church to office and allow it to be sold at for a medical office or some other use similar to what has occurred on the property for decades. Again, they were told no by the planning department because the comp plan clearly says that they don't want the commercial node that is there near Mill Dam between Mill Dam [Inaudible] [58:35] on Great Neck to be expanded northward into the further than it are and that's a valid point, I'm not saying this to criticize that, but that is what the church again was told. This 3.9 acres is clearly excess property owned by and has not been used for religious purpose. The church's [Inaudible] [59:00] is confined to 4.1 acres on the southern parcel of the property, which exceeds the antiquated three-acre minimum parcel size for a church as contained in our zoning ordinance for 50 plus years. And I would say that it's clearly true that far, far less than half of the churches in Virginia Beach actually have three acres of land. As the church has advised its neighbors, unfortunately, like a lot of churches with aging parishioners, they've lost a lot of, of parishioners and especially those families that were sustaining members of the church. Costs are, you know, gone up for everything. We all know that and frankly, the church cannot continue to afford to maintain all this extra land nor to rehab, or demo this building that's been used as a office which zoning actually doesn't allow and their grounds. It's clearly excess. The church simply asked to be able to sell the excess 3.8 acres retaining the 4.1 acres they are and have used for a religious use since 1967-68. I'm sure you're going to hear from the folks that are here today who many are very well intended that they don't want to see a pond that is located on this excess part of the church's property to be filled. This application has nothing whatsoever to do with the regulatory process of seeking approval to fill this pond. The church is not proposing to fill the pond. Repeat, the church is not proposing to fill the pond. However, it is important to understand that if the church desired to fill the pond, they could go through the same regulatory process that a buyer of this parcel will have to go through and obtain or seek to obtain, they may not obtain it and the purchaser of this property may not obtain it, but they can seek to obtain approval to fill this pond on their property if they wish to do so. And it would not involve this commission at all, at all. The church isn't pursuing that, a buyer that's under contract will pursue that and any buyer I believe will pursue it. The folks that are here in opposition, for the most part, they have every right, and we told them this at the community meeting to participate in that process. The church isn't going to be in that process, but there's a regulatory process that involves the city development services and public works, the state DEQ and the Army Corps of Engineers, and they're welcome to participate in that process. But that is not a process that this planning commission has anything to do with. You wouldn't hear it if the church was pursuing it, which they could pursue, and you won't hear it if the buyer of this property pursues it. But that doesn't mean it's going to be approved. But that is again, not what this is about and there is again, no condition whatsoever on the church's use permit, which involves or requires that the church maintain a pond on its land that does not exist and if it did, then and only then would it be before the purview of the planning commission. So just understand this is not an application to fill the pond and as such an application would not come before the planning commission. It is frankly an unusual process that brings us here today. The City of Virginia Beach's circumstance with the pump station I explained to you, the Virginia Beach Tennis and Racquet Club just up Great Neck Road that I've had the pleasure of representing for many years, Tom Betts prior to me, on Thomas Bishop Lane, they had a bubble, if you all, some of you may remember with tennis courts under it from back in the 70s, I believe, their whole tennis facilities under a conditional use permit for recreational facility, outdoor recreational facility. A number of years ago, I represented them, applied for obtained a modification of that use permit to build a new indoor facility, and it maintained the tennis courts that were under the bubble as tennis courts in a parking lot, again, a part of the use permit. A number of years later, Dr Shiflet and the ownership decided they needed to sell some of that land. I have sown residential for houses on the opposite side of Thomas Bishop Lane, where the bubble had been with the tennis courts in the parking lot for that bubble had existed, once again, went to the Bay Board, but there was no requirement from the city that this private business, if you will have to modify their use permit to eliminate the tennis courts. There are two other applications, one being the dockside or situations, a dockside restaurant on Shore Drive, Vista Circle represented the Athee family for years. Their original use permit for Marina included every bit of their land for a Marina back in the again, mid 60s. A number of years later, they decided to build a restaurant on their property, a by right use, but not anything that was shown on their use permit application or their plans for their use permit. And there was no restriction in that use permit that said they couldn't put another by right use on their property. Casein Barco, Winston Salem Avenue, the oceanfront, the exact same circumstance, got a conditional use permit from the city back in the late 60s for a Marina. He showed a little bait house on the property that's it. A number of years later when he was building everything, economy went tanked. He didn't build a little bait house. He came in and built a restaurant on the property. Once again, a by right use of the property not restricted by the original use permit, but not shown on the original use permit at all. Did he modify his application or required to modify his condition use permit? No, no, it's not. This is an unusual unprecedented, in my view, circumstance that this church is being required to do this in the first place. The opposition, as I've said, is either they don't want the pond to be filled, which as I've said, the church could pursue approval of and doesn't come before this body. And no condition, no condition restricts them from doing that. There isn't one. If there had been a condition said he want you to maintain a pond on the property or we want you to maintain all this landscaping here or there, then we'd be here. But there's no condition on the property that we're seeking to take out of the use permit, and it's not being and has not for decades been used for any religious purpose whatsoever. So, again, no one's here on the far as the church is concerned to, you know, take a shot at the opposition. We had a nice meeting with the folks that came, most of them were very cordial and very nice. A couple of them tried to tell me that the church couldn't even close the church and sell the whole property without getting Planning Commission and City Council to modify their use permit. I politely said that was not accurate but was told I was lying to them. They either that or they don't want houses built on the lots that could be created and will be created on this property. How many, we don't know. It's no more than 12. It might be five or six depends on whether those agencies I've spoken about agreed to allow the pond to be replaced with another type of BMP for that development. So, any development of the 3.88 acres zoned R-10 would not come before you and a rezoning would but at this point, there's no what the indication is that they are not going to seek a rezoning of the property. But if they did or they wanted to seek a subdivision variance of some type, they would come before this body. But their recourse is to all the departments and Corps of Engineers and DEQ that I have cited. So, we've done, the church has done its outreach. The church has met with the neighbors, explained their predicament, explain their circumstances, and this is again, the church is not going to be able to survive maintaining this large piece of property and they got a liability with this building that's in bad shape that the city is used, but no one's maintained, and that's where we are. I will be happy to answer any questions. Mr. Alcaraz: Thank you. We're gonna go ahead and start with the speakers and then we'll call you up for rebuttal. Madam Clerk, did you describe the time limits? Madam Clerk: Yeah, as a reminder, it's 10 minutes for HOA presidents. Mr. Alcaraz: Are the lights working? Madam Clerk: Yes, they're working. Mr. Alcaraz: Thank you. Madam Clerk: Ten minutes if you're representing an HOA and then 3 minutes for everybody else. We're going to start with Ryan Sallie followed by Michelle Conti. Mr. Alcaraz: Afternoon. If you can just state your name. Mr. Sallie: Hi there. How are you doing? My name is Ryan Sallie. I am representing the Great Necks Lakes Association, which represents about 100 homes that back up to Great Neck Lake, which is one of the lakes Conrad 2, Conrad 1 and Conrad 3, three lakes that are associated with our Lakes Association. One of which is on the docket to be filled in that, Eddie was just referring to and just a little quick background, I'm a 20 year Virginia school teacher, Independence Middle School. Anybody, any locals out there and I also live on Millwood Road of Great Neck Estates. And Before we even kind of open up things, I just kind of wanted to thank the board here today because it's, you know, a lot of times things go on in our neighborhoods that we don't have any control over, but it's nice to have a public hearing like this, that we're allowed to come here and voice concerns in this kind of democratic society we lived in and have our voices heard before just decisions are made. So, there's many people here today and so I feel like we got bumped to the end. So just kind of want to make sure that those people that are here today in opposition of the Wycliffe Development just stand up at this point and just be seen and possibly be heard later on. Mr. Alcaraz: Thank you for coming. Mr. Sallie: That's awesome. Thank you guys for being here. So, as the representative of many people, and we have discussed this, it's been in the works for about two years since I think we brought it to our the Lake Association and, you know, we usually have three annual meetings throughout the year and it's definitely gained a lot of ground just in this past, I'd say in the past three months. I know, Eddie had said something about the church reaching out to the neighborhood but that was very recent. So since more awareness has been raised over the course of these few months, many more people are coming out of the woodwork to speak, to speak up for our neighborhood. So, the main point of what you're gonna hear today is that number one, the people that are here are very concerned and we care about our neighborhood that's number one. And number two, we're asking the board today just to slow things down and to put a halt on the rezoning and removing that 3.879 acres because once you guys take away that as a church religious purpose, it's going to allow the development and in that development will be the homes will be the removal of wetlands. And it's two fronts that were, that we're worried about. It's not just the homes. So, I know that that was brought up, but we are very concerned about that wetland Lake Conrad removal of that lake, which feeds into all the Great Neck Lake and Conrad too and the other lakes that are affected by it. So many other areas are affected just by the removal of that wetland area. So please just consider that because we have many people that are here today that are passionate and we've got some amazing stories from people that lived in the neighborhoods for 20, 30 years. So again, it's going to come down to the fact that, you know, we care and that's why we showed up today to let our voices be heard. Myself included, I have two little girls at home and I told my father-in-law, I said, go take them around the corner of the park and that very park could potentially be destroyed where the infant child center is located and I said, you know, Tom, send me a picture. I can show the board like this is where my kids are playing right now that we have advocated for to not be torn down and, you know, that is like our overall lofty goal is that this property be kept as a green space. Great Neck Estates does not have a neighborhood park, which in many neighborhoods up and down Great Neck do have parks and we would love to see that happen. And as a lofty goal to keep this space green and to see it being bought by the city potentially and have that avenue just be addressed, which in my discussions with Steve Bishard of Bishard Homes that wants to do the development, he's definitely open to, but we don't want to take off, you know, take off the handcuffs per se and allow him the opportunity to do whatever he wants this property when this rezoning goes on. So we're just asking you guys today to hopefully, you know, slow things down, give us a chance to get more time to, you know, go down other avenues of possibly the city hearing some more arguments for buying this piece of property, because we know that once permission is given to rezone and to build, it's something that we probably can't, you know, undo, once you fill in a lake. It's, we're not going to put the lake back together after that. And, you know, hearing Mr. Bourdon talk about the city denying that area a business permit, you know, why do they do that? You know, that kind of says, okay, well, somebody at some point said this, this should stay a pristine area, you know, let's not go against that. Let's not, you know, give someone the permission to do whatever they want in this area and I do believe that Wycliffe wants to see. The best go on there and they would not just up and fill in a lake, just because they can. So what Mr. Bourdon was saying about that, we have a very strong association. We've put together groups, we put together social events. Obviously, we collect dues and if there was ever a major issue that was going on, the amount of love and concern that is there for the lake, you know, if the church and the community needed to work together to help maintain some property, there's no doubt in my mind seeing how many people are coming out here today that we could help whatever endeavors or whatever things that the church needed to see done for that lake to help maintain it instead of just filling it in just because they could. And back when Bishard, myself, some other board members and Wycliffe had discussed possible solutions to selling the property. One solution was that they were going to put in a filtration system, which to us sounded like a good compromise. All right, we're gonna build these homes. We're gonna take away this lake, this retention lake, which does prevent flooding and does help filter the water. They said, Hey, but don't, you know, we'll take care of you guys. We'll help you put in this filtration system and when we went back to the city to confirm this, because obviously we're to do our homework and double check, the city didn't know anything about that. So now here we were stuck on a misled where we were not going to give our consent to these homes and this whole process without reassurance that the other lakes were going to be taken care of. So that kind of left a bad taste in GNLAs, the Lake Association's mouth that we don't know what's going to happen once, you know, this property gets sold and now that we've been given some false information. Again, we're taking a step back in this whole process that we want things slowed down. We want things to be reconsidered. We want other alternatives to be explored before this property is just kind of designated as residential and whatever Bishard wants to do, it's going to be get done. So that is our, that is our plea, you are going to hear about many stories today from very concerned neighbors. So please keep that in mind that we were trying to slow this process and stop this process so that we all have time to preserve a wetland lake, park area. Thank you. Mr. Alcaraz: Thank you, Mr. Sallie. Next speaker. Madam Clerk: Michelle Conti followed by Ronna Marsh. Mr. Alcaraz: If you can state your name, please. Ms. Conti: Michelle Conti. As a 25-year member of the original Wycliffe Congregation, the philosophy of the Presbyterian Church Doctrine compels me to speak up. We are called on to be active regarding social and moral issues including environmental concerns. As a Virginia Beach resident, you only have to look around to realize the biggest threat we face is the when our sister city is drowning in, water. It constantly is in the news and our leaders promote ways of dealing with flooding and standing water. Our city actively promotes retention ponds as a formidable tool to combat stormwater runoff. As a city, we've spent countless dollars to stay above water. Building infrastructures that include drainage are a large part of our public works budget. Having a natural watershed is a priceless blessing. Our watershed was even dredged to maintain its integrity. The idea that we would fill in a long standing natural watershed easement in order to build 12 more houses defies logic. In addition to filling in a lake, the removal of 140 mature trees will only exacerbate the issue even further. The cost and effectiveness of pumping solutions increases the drainage and financial liability problems for our city. This decision should not be driven by the monetary income; it creates for the businesses engaged in the transaction. The church has received over 60 years of tax relief and is now requesting a modification of use and boundary change to profit at the detriment of the neighbors and wildlife that call this area home and have for decades. The church is not entitled to a zoning change any more than its neighbors are. Maintaining the status quo provides reasonably expected stability to surrounding properties. The financial need of the church does not negate the conditions they accepted when purchasing the property. The lake was here first and should be the priority in any encroaching development. The developer who has published plans to fill the watershed has a track record of over promising and under delivering on their prior projects and is viewed as a negative impact on completed projects in Virginia Beach. While the project may look possible on the paper plans, just because it could be built doesn't mean it should be built. There appeared to be errors in the JPA including use of an outdoor sanctuary, age of the building and bridge being greater than 50 years, and the submitted size of the impacted area. These items should be more closely examined for accuracy as it pertains to environmental regulations. I would suggest the City of Virginia Beach's large public works budget include regular maintenance of this watershed. The church could donate or sell the wetland portion of the property to its financial benefit and realize a goal by relieving itself of any ongoing burdens it may bear. It would set an example of responsible ownership and goodwill to its neighbors. After all, isn't that what it's all about? Mr. Alcaraz: Alright, you've exceeded your time. Thank you. Madam Clerk: Ronna Marsh followed by Virginia Pissaris. Ms. Marsh: Good afternoon commissioners. I am Ronna Marsh and I would like us to start calling it Lake Conrad 2 because it is recognized in the National Wetlands Inventory. You all got an email from me at about 8:30 this morning because I don't have the luxury of being able to use the visual boards here. But I am concerned that we are not calling it Lake Conrad 2 because it is part of what is followed for the MS4 DEQ permit that the city has to have for stormwater. You all should have this in your emails from me. This is a pond and it is identified as Lake Conrad 2. This was an inspection that was done by VBGov staffer, Mr. Barnes. John Barnes reviewed the lake, went out to it, and he checked it out, and then it's reported on back to DEQ as part of our MS-4 permit for stormwater. This is not just about building homes on a lake. This is about destroying an asset that is our city's. We citizens have paid for this lake for years. We have an easement in this lake and that easement runs right through the middle of it before the current owner owned it, I believe and so what you're talking about doing is giving up an asset of the city. I pay for this with my taxes, as does everyone in this room, even though it's on that land there, it is in the stormwater management of the city and we had a bond referendum for five hundred and sixty seven million dollars that I spoke in favor of because I've been an active member of Stop The Flooding Now and I encourage people to vote for that and now we're filling in a BMP a lake, I mean, everyone I've told that this is happening. They cannot believe it. This is not best management practices. This is a really poor idea to fill this in and if what you're trying to do is just rubber stamp another development. Why do we even have a planning commission? Why do you do the domino effect? Because you don't have the site plan, you're not seeing the full picture here. That's obfuscated by the developer. He's saying, Oh, they won't do this. They won't do that. No, you don't know what they're going to do. Once you clear the red light, once you clear the green light for this to get built on, then there goes the lake. There go in houses on the lake and that is going to affect our reputation too, just like the houses at Asheville Park. Remember those houses that we've all contributed 11 million dollars to fix the problem the developer created? You know, don't make this Asheville Park too, please. Mr. Alcaraz: Thank you Ms. Marsh. Thank you. Next speaker. Madam Clerk: Virginia Pissaris, followed by Wendy Crutchfield. Mr. Alcaraz: Hi, can you just state your name in the mic for the record, please? Ms. Pissaris: Yep. Virginia Pissaris. Okay. Hi, I have lived in Great Neck Estate since 1974, when my father and I moved in. So that's almost 50 years. Okay, give or take and, I've used Red Bridge on and off for that all time. It is a wonderful, beautiful parcel of land. And that map over there doesn't give it justice because there's no water on it and there happens to be wetlands there, okay. And I think it's more than an acre, but let me get to the point. So that wetland area serves as our watershed for not just our neighborhood, all of Great Neck Road area, the reserve, Great Neck Manor, the shopping center area. It is a natural watershed for flooding. All of you were sent a video that I took in the rain of the water going over the bulkhead into Lake Conrad, okay. It was pouring in there all day long and that was just from the rain from last Friday. Where's that water gonna go? Can I ask you? Where, if you're gonna fill in water, okay, the wetlands area, put houses on it and its 12 houses. The plans have already been made. The houses have already been shown. We have the plans with us. So, whatever, their lawyer said, it's not true, just to let you know. So, where's the water gonna go? And then the other thing is, I'm in-charge of Neighborhood Watch. I'm also the vice president for the Great Neck Civic League, okay. And one of my neighbors said she's a single mom. We also have a lot of elderly people in the neighborhood, single because we're widowed and we've never had flood insurance. We've never had to have flood insurance. We're really lucky because we have the wetlands; we have the watershed, the natural watershed, all the water goes in there, goes into Lake Conrad, flows down to the Lynnhaven rivers and out to the Chesapeake Bay. So, put homes on top of that, you're going to get pollution. You're going to get all kinds of stuff. It's going to destroy that area, let alone the problems goes, of course, as Ms. Marsh said, you've got Asheville Park that this developer was contributing to and Bow Creek. So, I know I have 28 seconds left. Let me see. Okay, so the flood insurance is a big problem, is Bishard going to guarantee, is he going to pay for our flood insurance if this goes through, probably not. And it's not in my budget and I know it's not in other people's budgets. The other thing I want to point out is I did find an article from 2020. 1 know that Virginia Beach has received met a lot of money, but apparently here there's a huge bond, three million grant for wetland. Mr. Alcaraz: Sorry. Thank you. Ms. Pissaris: Okay. Can I give you a copy of this? Mr. Alcaraz: You can give it to the clerk. Ms. Pissaris: Okay. Mr. Alcaraz: Thank you. We got a lot of speakers. Thank you. Ms. Pissaris: You're welcome. Madam Clerk: Wendy Crutchfield followed by Martha Thoreau. Mr. Alcaraz: State your name please. Ms. Crutchfield: Hi, I'm Wendy Crutchfield and I am a property owner, 1971 member of the Civic League and the Great Neck Lakes Association. I emailed a very detailed letter already and I appreciate the time you may have taken to read through the facts presented. I want to concentrate my comments today on the existing use of the property and the precedent the city has set for protecting our runoff sites. I'm asking that you include protection of this necessary Virginia Beach asset. You have received about 40 letters in opposition and many people here today. There are almost 2,500 signatures on the petition. Not even one of those opponents wants to prevent a property owner from selling what they don't want. If the church doesn't want to use the property for religious purposes, that's their right. The fact, however, is that today, as of the moment of this hearing, the church is still using the property for religious purposes. Just look at the sign on the property that says Summer Sermon Series continues at 10 a.m. The larger question is if residential housing should be restored as the use of the property and any proffers that you might apply to that modification, the current R-10 was established for large tracts of land before the church ever bought the land on this application. When they requested the conditional use permit, the city granted it because it had the support of the community. At that time, it was a benefit to the residents of the new neighborhood of Great Neck Estates. It was also a benefit to the city who had an existing stormwater drainage easement through the land and into Great Neck Lakes. When Great Neck Estates was developed in the 50s, the city required the developer to grant them ownership of the canal for stormwater drainage while they maintained an easement through the Wycliffe property, which at the time was used as hunting fishing grounds. The precedent was established then that the city required the developer to grant ownership for the stormwater drainage facility in the city, just like they did for Great Neck Estates. Further, precedent was re-established in 1991 when a property owner in Chicks Beach applied to fill in a runoff lake to build homes. The city filed for condemnation of the lake and paid the seller fair market value. You can ask our city attorney, Stiles. That property, Pleasure House Lake, is right now part of the Flood Protection Program improvements to Lake Bradford and Chub Lake. It is vital to the stormwater operations in Virginia. Lake Conrad should not be filled in for the same reason that Pleasure House Lake was purchased by the city. It is an integral part of our runoff operating system that flows into the river and the bay. Finally, the bridge called Red Bridge by the community connects two streets in the neighborhood, Millwood and Poplar Point. It has been used by the public openly and consistently for seven decades to not only travel to church, but to deliver newspapers, to visit arcades and now swimming facilities, to patronize nearby restaurants and to swing children, to learn how to ride bikes and have a solitary moment with God in the outdoor sanctuary and with nature. We ask that it not be replaced with a few incompatible houses. The development criteria for that was applied in 1950, defended in 1991, and promised to the citizens of Virginia Beach in the flood referendum should be applied today, which would be to grant the lake to the city and to preserve a buffer zone of Great Neck Road. Thank you for your service and your careful consideration of this recommendation. Mr. Alcaraz: Thank you. Mr. Plumlee: Mr. Chairman, I just had a question of that last resident. I don't know if now if it is the right time to ask a question. If you want me to wait, I'm fine. Mr. Alcaraz: This is specifically to her? Mr. Plumlee: Yes, because she brought up the religious use on the property. Mr. Alcaraz: Ms. Crutchfield please come forward. Mr. Plumlee: You said that there is an outdoor like an altar or a seating area with the cross. Is that where they conduct services, outdoor services? Ms. Crutchfield: The church itself does not use that outdoor sanctuary anymore. The residents do, people come by and just have a moment of solitude. But what I was referring to in my speech was the advertisement, the big sign that's on the parcel that's on this application to have the modification change. There's a sign advertising current services and that is a religious use. Mr. Plumlee: But you're not aware of the church using that area? Ms. Crutchfield: No. Mr. Plumlee: Okay. Mr. Alcaraz: All right. Thank you. Next speaker. Madam Clerk: Martha, followed by Lisa Smith. Mr. Alcaraz: State your name, please. Ms. Thoreau:Good afternoon. Martha Thoreau. Things aren't always as they seem and though some would have you believe that this is a simple housekeeping item, and Eddie, as in Eddie Bourdon, attorney Bourdon, would have you and us believe that there is nothing to see here. Indeed, there is much more than meets the eye. You see, we do not subscribe to attorney Bourdon's explicit opinion that we need not be here that the matter at hand is unrelated to anything else regarding the church's sale to Builder Bishard. We all know that that is not the case. There exists hard evidence to the contrary. So, here's a not so hypothetical question for you. Do you think it wise, prudent, responsible, etc. to build a house, no make that houses, on a lakebed that was filled in for the purpose of doing so? Another question, would you buy a house on a lakebed such as this? Or answer me this one, would you think the city should be held accountable to any future buyers who bought houses by virtue of the fact that it permitted such development? Kind of like the Asheville Park boondoggle. It is said that the Planning Commission's job is to determine appropriate land use for this city. And while it sounds like you have an easy task before you today, the citizens of this city beg to differ with you. Already thousands have signed a petition decrying the potential actions on this property and many are here today to ask you to stop this nonsense in its tracks. You see, it is not going to go away so easily. We are appalled to even be having this conversation given our stormwater management problems and costly advisements. We know that you have been advised and counseled on this matter. We know who appointed you to this commission and we know that your intention is to green light this matter for the purposes of allowing a builder who is well connected to the power structure of this city to move forward with destroying this cherished site that is a natural stormwater management system for his personal gain. We don't think it wise to allow this to happen. The question here today goes far beyond changing the designation of the use of this property. You know that your approval of this item at today's hearing will green light the project. You know that by approving it you will be dumping it on council's desk to those public servants to tell us go away, there's nothing we can do. Integrity matters in all things. Do the right thing here, folks, you have the knowledge, you have the power. Otherwise, you will be go down the history books as being complicit puppets of the City of Virginia Beach political system circa 2023. Thank you. Mr. Alcaraz: Thank you. Madam Clerk: Lisa Smith, followed by Neil Randorff. Ms. Smith: Thank you very much for allowing us to share our opinions and our concerns. I'm Lisa Smith, a homeowner in Virginia Beach in Laurel Cove. Laurel Cove is the neighborhood right next to Great Neck Estates. We also are on bodies of water, part of Great Neck Lake and by the way, it is not a pond. It has a name, Lake Conrad. So, I just want you to be sure, it might be small, but it is a lake and it does have a name and that's part of the Great Neck Lakes. I am here representing a lot of neighbors in Laurel Cove and for Great Neck Estates in related to stormwater. I sent in, and I believe you all have seen photos that I sent in about a week ago, showing what Laurel Cove neighborhood and Willowood Lane, which is one street off of Great Neck Road, looks like after stormwater. That is what could happen and probably would happen in Great Neck Estates, and I'm sure they've had stormwater issues. I'm not against what Wycliffe is trying to do. I'm not against really anything on the development. I am concerned about what they're planning to do, but I am concerned 100% for Great Neck Estates and other neighborhoods if the pond is filled, the pond is, Conrad Lake is filled in. It would cause the stormwater issues to continue and I'm proving it out just on showing you what happened on Willowood Lane. Thanks again very much. Mr. Alcaraz: Thank you. Madam Clerk: Neil Randorff, followed by Chris Servetus. Mr. Randorff:Good afternoon, my name is Neil Randorff. I'd congratulate all of you for still being awake. I've been a citizen of Virginia Beach since 1999 to live on Pineland Lane, which is in the Great Neck Estates area. I have several comments to make with respect to environmental considerations of what I'll call the Wycliffe development, which is the background for this discussion, actually. You can change the use permit, but where is it really going is the question. For two years, I was president of the Great Neck Lake Association, which represents 100 homeowners on the lake. During my tenure, we began a water sampling quality system with the Lynnhaven River now. And we created the opportunity to hydro-rake the lake and the coves in the areas near shore. I have a few qualifications on this issue. I studied oceanography at the Naval Academy. You say, so what that was 50 years ago. I spent 27 years as a nuclear submariner with emphasis on discharges from that ship into the environment. After retirement, I was chairman of the International Cable Protection Committee, which represents 97% of the world's submarine telecommunications and power cables, maintenance, installation, and all the environmental concerns that go along with it. I was a founding member of the International Electro Technical Commission Committee 114, which deals with all offshore renewable energy development techniques. That would include again, installation, maintenance, and environmental impacts of all those. I was also a founding member of the Virginia Coastal Energy Research Consortium, which did all the original economic and environmental studies for offshore wind Virginia. A couple of items since that sampling program began almost six years ago; Great Neck Lake has improved in stability and test results to the point where Lynnhaven said, we don't need six sample points anymore, we just need three. This is due to the positive response of the citizens on that lake, and in the areas, paying attention to runoff and waste. Over the years, the lake has had algae blooms to the point where the algae growth clogged the spillway into the Lynnhaven, and caused a threat of flooding to all the homes on that lake. I don't have any pictures. The hydro-raking cost the homeowners tens of thousands of dollars, but removed tons of debris and silt from the lake, which caused some of the algae development. We've since developed an annual springtime treatment program, which does to a great extent deal with a lot of the algae, none of this is financed by the city. Mr. Alcaraz: Mr. Randorff. Thank you very much. Mr. Randorff: Pleasure. Madam Clerk: Chris Servetus followed by Andrew Broyles. Mr. Servetus:Good afternoon, everybody. Thank you for taking the time to hear this. My name is Chris Servetus. I'm a long time or lifelong resident of Virginia Beach and longtime resident of Great Neck Estates. And I agree this is an awkward situation and process. You all have a very focused decision to make, but I believe there's some extenuating circumstances here that warrant some extra consideration in this whole process that takes it out of the norm. And I'm sorry to be redundant, but Ronny, you stole all my thunder. I'm going to have to just try and keep this brief and move on. I believe there's some extra consideration because, I believe there's unanswered questions about the potential environmental impact that will result from removing the religious use of this property. Not only does the proposed development of this site demand the removal of over 140 mature trees, there's significant stormwater management implications associated with the decision that I don't think are fully captured in the application or in subsequent staff reports. Clearly noted as a city asset complete with a stormwater management ID number an inspection report from earlier in January of last year details lake Conrad 2 as a well established wetlands wet pond and an integral part of the city's stormwater management. It has been serving the city community and neighborhood for years. Simultaneously, the owner has enjoyed the benefit of this property being off the city tax rolls for years through this religious use exemption and whether under duress or otherwise, I don't believe that it is proper now to convey this property that's going to orchestrate the destruction of the city asset for financial gain. That's my opinion, but I feel this is a city asset that can't be caught up in this financial transaction to sell the property. So, I ask that you do not approve this application as it's listed. At a minimum, I'd like to see it deferred indefinitely until we find a comprehensive wetlands study and environmental impact study on the removal of Lake Conrad 2. Sure that if you proceed to do this, I would ask that you remove the portion of the property that contains Lake Conrad so that we can maintain this city asset for the wellbeing of the community. Thank you. Mr. Alcaraz: Thank you. Next speaker. Madam Clerk: Andrew Broyles, followed by Derek Copeland. Mr. Broyles: Good afternoon, Mr. Chairman, commissioners. My name is Andrew Broyles. I'm a property owner at 1533 Custom Street in Great Neck Estates. I'm here because my parents lived here from the day they retired until they passed and they loved Great Neck Estates. This application sounds harmless, but the reality is you are voting to destroy a sanctuary type area for two different businesses financial gain with this site plan for this development. The blue is the lake, so you see some houses being built there. This site plan is why all these people are here today. If you are voting I on this application because you are led to believe you are saving a church, how much do you really know about the financial dynamics of this church and its congregations or its trustees and what have they done to better their financial position? And if you are voting aye because the developer has informed you, like he did us that he gambled twice with non-refundable deposits and made a pretty big bet that you're voting aye. I hope you will not be influenced that because I certainly am not. Furthermore, your aye vote puts fat stacks of money in this developer's hands. According to NHB, the average custom builder profits 21 to 23 percent, which translates to 1.68 million dollars for the developer with your aye vote. Considering your aye vote creates building lots on large amounts of fill is irresponsible. I've been a Class A remodeling and structural repair contractor in Virginia Beach for 45 years, and I've been the one who has delivered the bad news, many times to Virginia Beach owners that their house was built on unstable soil and the repair will be multi-thousands of dollars and sometimes cheaper to tear the house down. So, I have two questions for you. Would you or your family buy a house built on this lake fill? Or if you were developing this, would you feel honorable with your disposable LLC and your one year warranty and care of something drastic happened to one of your buyers from this gamble? I also wonder why this developer couldn't seek R- 75 zoning and stay out of the lake with houses and streets. Instead, this applicant has produced one option when there are many, I doubt the original planners or visionaries for the R-10 status before this source was ever build, ever considered the R-10 zoning building in a lake but instead would have made it a focal point for the neighborhood. Unfortunately, the church shows a build on the better part of this parcel. I am requesting this application be conditioned with a site plan, not this one, and not a planning commission vote with no site plan, and the condition site plan does the following. Reduce the number of structures and road to zero that would be built on fill and retain to lake, included traffic light at Millwood Harbor and Great Neck for the increased traffic at this intersection. My mother would never turn left at either entrance coming out of Great Neck Estates and many here will tell you the same thing. It's like crossing an interstate except worse because of all the cars turning to Great Neck Estates and Great Neck Manor. My mother drove all the way to Laurel Cove to turn around to neighborhood to go to the grocery store for 20 years. Mr. Alcaraz: Thank you, sir. Mr. Broyles: Thank you. Mr. Alcaraz: All right. Next speaker. Madam Clerk: Derek Copeland, followed by Julia Cherry. Mr. Copeland: Good afternoon, everyone. My name is Derek Copeland. I am the acting president for the Great Neck Estate Civic League, which is the neighbor to the church. But today I'm here just as a resident of that neighborhood and a resident of this city because of concerns that were brought to my attention through the development, potential development of the land being presented to you today. A lot of things are presented in the sense of its only one thing you're doing. What are you doing? You're just looking at the land to say, can they sell the land? Can we re rebrand it so that they can sell it not being as church use? I have a five-year-old son and he's currently in the why stage. And in the why stage, you ask the question, why do I need to do that? Why do I need to do that? And the easy thing for me to say is because I said so and leave it at that. But that is not what I teach my children because I believe why is an important question. It's a question I think you should be asking yourselves today. Why are they asking to do this? They're not asking just to sell the land. They're asking to sell the land to a developer. A developer that I learned was a private sale. We were never even presented the awareness that this land was being considered for sale. It wasn't a public opening to anyone to be considered for the land. When they first went into, they decided they needed to sell the land. I respect that. They own the land. They have the right. However, it never gave us the opportunity to assist them in finding a good opportunity for a buyer. Someone at the church went out and found someone. Made a deal with Bishard, and in doing so, a deal was signed, and now the church was committed. About two years ago, I first kind of found out about this, and when I did, I thought, well. I'll tell you what, this seems like not the best use case for the land. I would love to have had a park for my family to go to in this neighborhood. I've actually had some conversations and discovered that with Parks and Recreation, there's currently a request to have all neighborhoods be within 10 minutes walking distance of a city park. We do not fall into that category and here we have land that does meet the qualifications and we have actually had conversations with Parks and Recreation and this land does meet that qualification. It is something that there might be interest in the city. It was stated that they went to the city and they asked them, they did not. You can probably all tell me right now that the city is not a single entity. You go to one person and you don't speak to everybody. They went to the early intervention program and asked if they were interested, not the city at large. The city at large is interested. There are other parts of it, but right now there's a contract and the church has no ability to do any kind of a conversation because they are under contract. I think there should be more opportunity given to them to consider other options and you are here at one more step to help us achieve that for them. Thank you. Mr. Alcaraz: Thank you. Next speaker. Madam Clerk: Julia Cherry followed by Kim Chapman. Ms. Cherry: Hi. Good afternoon. My name is Julia Cherry. I'm a resident of Great Neck Estates. My big concern here is stormwater protection. The City of Virginia Beach has paid a lot of money for the Dewberry study. You've learned that we are getting tremendous amounts of rain due to climate change. Friday afternoon, last Friday, when it was raining extremely hard, I went out there and videotaped from Red Bridge, Lake Conrad 2, and the surrounding area of Wycliffe Church. The water flow was streaming over the dam into the bigger part of the lake. But Lake Conrad 2 holds a tremendous amount of water. The four acres of green space absorbs a tremendous amount of water. I have pictures from before the rain and after the rain. The difference in the size of the pond. The City of Virginia Beach while the property was under contract of Bishard went over there to do a cleanup around the lake. They took out approximately 100 trees, left a lot of the debris around, I have pictures of that too and what that did when they were taken out trees, they drove heavy equipment over the dam which caused it to collapse the pipe literally broke. The water in the Lake Conrad 2 actually was made smaller because the wall was lowered, but if out there in the rain, the delineation lines seem very out of place from what the engineering firm hired to do the assessment has said. We think the property needs to be re-evaluated by a qualified engineer that the city finds and redo the delineation lines. I've spoken with Skip Stiles at Wetlands Watch. He stated he has never seen a lake filled in and this is indeed a lake. I implore you to look at some of the videos posted on Facebook of the water flowing over the dam and the size of the Lake Conrad, the water extends probably 10 feet. You cannot get an accurate account if you go over there and do your site plan and look at the lake in the middle of the winter. There were a lot of species of trees that Bay engineering missed. They did not put it on their paperwork and we've gone out there with a biologist and have counted 140 mature trees and a lot of species of plants that were not listed on the site plan. So, I have given the ladies over here copies that gives more detail, but to the knowledge of Skip Stiles with Wetlands Watch, he has never seen a lake filled in in coastal Virginia. Mr. Alcaraz: Okay, thank you. Ms. Cherry: Thank you. Appreciate your time. Next speaker. Madam Clerk: Kim Chapman followed by Jim Allen. Ms. Chapman: Hi, good afternoon. I'm Kimberly Chapman. I live in Great Neck Estates. I've only lived there for about four years. But I have significant concerns about what the builder wants to do there, and I understand what your role is in terms of its religious to residential, but I think the fact that it's been brought up that this property does have a city asset on it that is a BMP. Lake Conrad is defined as a BMP. I think I saw it in some paperwork from 1990s and I'm not that familiar with BMPs, though I own a business on Production Road that has a BMP, and I know we have to keep it well maintained because otherwise we will flood our neighbors over there on Production Road. So, it is defined as a non-structural BMP, and it is for the preservation of natural features. And I know that if we fill in that or do anything to discourage the drainage that that provides, we're going to have significant flooding in our neighborhood and that's very concerning. You know, as we talked about, most of us, actually all of us were not required to have flood insurance. We're in the X area and that would be a significant burden to us and also the impact that we'll have on Great Neck Road. So, I would ask you to please, deny their request or as Chris Servetus said to have it revised so that the city maintains the asset that is Lake Conrad. Thank you very much. Mr. Alcaraz: Thank you. Next speaker. Madam Clerk: Jim Allen, followed by Susie Rice. Mr. Allen: Good afternoon ladies and gentlemen of the Junior Peace Planning Commission. Thanks for listening to us today. We all have some issues. Mr. Alcaraz: Can you state your name for the record, please? Mr. Allen: I am James Allen. Mr. Alcaraz: Thank you. Mr. Allen: I live at Great Neck Estates. My family moved there in 1985, so we've been there for a day or two. When we moved into the neighborhood, we had standing water in our driveway at the [Inaudible] [01:56:44]. Today, we have standing, well, it finally drained. But today, if it rains, we have standing water in our driveway. My neighbor across the street today has a mud hole, he didn't drive up yet. So, we have issues with stormwater. And my concern is that in regard to Lake Conrad, and you guys should have been there last weekend when it was raining. It looked a lot like a miniature Niagara Falls almost, but it was tough. There's a lot of water that goes into that little lake or pond or whatever you want to call it. And if they close that fill that thing in, I wonder where the water's gonna go. It's gonna go some of it, for sure, is going to make it to our community, which is a walking distance from the church, actually, of just a couple of minutes. We all have issues about that project that's going on up there. We have a lovely neighborhood, and we just wish that you all would take serious consideration to how it may value our standard of living in our community. And since I'm an Army guy and they said, keep it simple, stupid. Then I'm gonna keep it simple because all of the real main points have already been discussed and if you would do that, just consider it. We would certainly appreciate it. Thank you. Mr. Alcaraz: Thank you. Next speaker. Madam Clerk: Susie Rice, followed by Chris Ledford. Ms. Rice: Good afternoon. I'm one of those elderly people they were talking about earlier. I've began my teaching career for Princess Anne County at Celia Elementary School. I taught fifth grade, and I have lived in Great Neck Estates for 40 years. I live four lots down from the overflow spill dam out of Lake Conrad 2. So, I have seen a lot happen in my neighborhood in regard to the property that we're discussing today, and I am gonna throw a curve ball to the city. Reducing the boundary for Wycliffe Presbyterian Church is acceptable but allowing the remaining property to be zoned for lots designated R-10 and not compatible with long established neighborhood of Great Neck Estates where homes are predominantly R-20 and thus allowing the City of Virginia Beach to pass the buck to a developer to escape the historical difficulty. The city has had meeting MS 2017 of the Wetlands Act and revised just recently last month. Required for land designated as wetland for inspection, dredging, reduction of possible contaminants and reporting to the DEQ is not acceptable. Also is of concern is that the area drains stormwater by way of two pipes. They measure 24 inches and 30 inches directly from the north Great Neck Road. They drain 37 acres, mostly an impervious land of water into a spillway, into Lake Conrad 2, then into Lake Conrad 3 and 1 , and then into the Lynnhaven. The 101 Great Neck Lake Association members have worked for over 12 years to maintain Great Neck Lake or Lakes Conrad 1 and 3 as designated by the Virginia Beach City. We have dredged, we've reduced pollutants, and we've maintained the health and provide educational activities for over 25 acres of lake that is fed by the Wycliffe property. Congratulations to the city for adopting a $567.5 million flood protection plan that does not include the Wycliffe property. But it is not acceptable to solve the Wycliffe wetland problem with congested building, adding traffic woes, more required services and destruction of wildlife and vegetation, and lack of compatibility with a long established neighborhood of Great Neck Estates. Mr. Alcaraz: Thank you, Ms. Rice. Ms. Rice: Why can't a city of nearly 500,000 people in a $2.5 billion budget find a better solution. Mr. Alcaraz: Thank you. Next speaker. Madam Clerk: Chris Ledford, followed by Jamie Curran. Mr. Ledford: Hello. Mr. Alcaraz: Hello. Mr. Ledford: My name is Chris Ledford. I'm a resident of Great Neck Estates. I wanted to follow up, I think it was really great what Ms. Rice said. It's interesting because I wanted to touch on those points as well, I was very impressed with Mr. Bourdon's points, so I wanted to kind of address that. He was very, it was interesting and with his staff, he researched some stuff that goes back a long way. I wish I had time to research a few things myself, and that's why I'm asking you to defer this today that is my request. I'm not gonna talk about the lake and swamp and all this stuff. I want you to defer the request so that we can look into the rezoning. I don't think if you act today, you'll be doing a service for the city because like Ms. Crutchfield said, and Ms. Rice, there have been decisions that have been made on North Great Neck Road that depend upon this Lake Conrad 2 as a BMP. The city has a responsibility to maintain that. I'm talking about as far back as Silver Hill at Great Neck. I'm talking about the recent Rite Aid. I'm talking about 37 acres of impervious surface that anytime the development or changes to that came before this group and there has to be minutes. I just don't have time to research that. I don't have a legal staff or a paralegal staff. But if you give us some more time, we will find one and we will find the evidence that we need that shows that decisions made by this group, this board, previous members, obviously made decisions that were based upon this property being a city responsibility and a city BMP. In other words, those main that Ms. Rice talked about are there. They are there to help drain and mitigate the pollution that comes off of 37 acres of high density commercial development. Those commercial developments individually over time, used that lake and those chain of lakes as a reason to be approved. I hope you follow what I'm saying, that the lake we're talking about here should be separated out from this zoning change because the city should own it. They should take responsibility. They already have because they've passed projects that depend on it. I wanna describe for you real quick that that system of lakes is three levels in elevation. This one we're talking about here Lake Conrad 2 is the highest level. There's a spillway and a dam that goes into the next lake. Then there's a spillway and a dam that goes into the Lynnhaven River. I came originally to talk about my business, which depends upon clean water in the Lynnhaven, but I'm not gonna have time to do that. So I wanna keep it simple. I want to ask the same thing that Mr. Bourdon asked, and that is to look at the history of this property and look at it as something that needs to be, we need time. I think a decision today to change zoning. I think a decision today to approve the sale of the land, which is what we're here about. I understand DEQ, Army Corps needs to be involved if a lake is to be altered. But before that we need to understand that this piece of property actually should belong to the city. This lake, especially this BMP, the city is responsible for it. They've made decisions based on that. Thank you for your time. Mr. Alcaraz: Thank you. Next speaker. Madam Clerk: Jamie Curran, followed by Mary LaVoy. Mr. Alcaraz: How you doing? Mr. Curran: Good afternoon. My name is Jamie Curran. I've been in Great Neck Estates for 30 years. I wanted to thank you guys for doing what you do. You guys are really the bottom line as far as maintaining the quality of life in Virginia Beach and what you do is integral to how it affects all of us. So, thank you for that. As you can see, this neighborhood and the folks that live there we're passionate. We look just like you guys. We're black, we're white, we're young, we're old that's not aimed at anybody. The old part, but it's really about the quality of life in Virginia Beach. And just to clarify a couple things that, that the lawyer for Eddie, for Mr. Eddie, for Bishard and the church, he's representing both sides of that. I don't know if you guys are aware of that or not. I think it should be obvious at this point, seems to me that's a little bit of a conflict of interest maybe, maybe not, I'm sure he is grinning behind me, shake his head and everything else. So, we did not, the neighborhood as a whole did not have worded this until about six weeks ago and then they called a meeting and told us what was going on. So, to say that we were a part of that decision, is just not accurate. I guess really the main portion of what we're asking for is that that lake system, the Great Neck Lake system, gets the runoff from the reserve from Great Neck Manor, all the entities from Mill Dam Road to Cox High School, both sides of Great Neck Road. So, it's a lot of storm runoff. It ultimately ends up in the Lynnhaven, which ultimately ends up in the Chesapeake Bay. So, while this might seem like a little decision about, you know, who's gonna put in 12 houses where, and fill in a lake, not a pond, fill in a lake, we would really ask you to reconsider, what he's asking for. And obviously he's telling you what you should be weighing in on, what you shouldn't in true lawyer fashion. So anyway, thank you for your time. I do appreciate it. I hope that you give this the thought and the attention that it deserves because it affects all of us ultimately. So, thank you for your time. Mr. Alcaraz: Thank you. Next speaker. Madam Clerk: Mary LaVoy, followed by Mark Bowden. Mr. Alcaraz: Is Mary here? Our next speaker. Madam Clerk: Mark Bowden, followed by Jonathan Cherry. Mr. Alcaraz: Mark's not here. Madam Clerk: Jonathan Cherry, followed by Kim Johnson. Mr. Cherry: Good afternoon. My name is Jonathan Cherry. I'm a lifelong resident of Virginia Beach, grew up in Great Neck Estates. My mom lives there now. I learned to fish at Red Bridge. My daughter plays at Red Bridge still. It's got a long history amongst my family, so to say that it's just a small pond is inaccurate that's not being used. It's being used still by the community and the building that you say has fallen apart had just got a new roof four or five years ago. So, I don't know why it would do that, but my main purpose though, is to discuss the initial environment survey conducted by a Bay Environmental on the Virginia Beach Lake that may have overlooked crucial elements of its ecosystem. The survey was conducted during the winter, potentially missing the majority of native wetland species and underestimating the area of the pond and surrounding wetland habitat. This raises concern about the accuracy of the measurements and data collected particularly in the relation to potential construction projects in this area. By conducting the survey in the winter when many wetland species are dormant or hibernating, we risk underestimating the true biodiversity and ecological value of Virginia Beach Lake. This oversight could have significant implications for any construction plans in the area, particularly in terms of the structural integrity of homes built on wetlands. I believe a second survey at the least, should be done to at possibly see if there are any different results. So, we know we're working with correct data. I propose that we undertake a second environmental survey on the Virginia Beach Lake within the next 90 days. This timeline allows us to promptly address concerns raised and proceed with the necessary steps to ensure accurate data collection. The process will be engaging and a reputable environmental survey firm is absolutely needed. In conclusion, esteem members of the Virginia Beach Planning Commission, I urge you to seriously consider the need for a second environmental survey on the Virginia Beach Lake before we make any serious decisions going forward, at least within a 90-day period to buy a little bit of time to make sure things are done correctly. Everything everybody has said about the flooding, that's all accurate and there's a lot of missed things that could be impact of the environment, economics and social situations with filling in that lake. Please consider a little bit more time. Thank you, Mr. Chair. Thank you. Mr. Alcaraz: Next speaker. Madam Clerk: Kim Johnson, followed by WebEx Speaker Rebecca Valadon. Mr. Alcaraz: Hello. Ms. Johnson:Hello. Good afternoon. I'm Kim Johnson. I do not live adjacent to this property. I'm a realtor in the city. I heard less than 48 hours ago about this proposal and I decided that it was time to speak out. I don't have a lot of facts before you. I'm going to use common sense. An old penny looks dull. A new penny looks bright, but we don't really call it a penny. It's a US cent, and when you put them together, you have cents and when you put many of them together, you have, and you can make a lot of cents. And that is how I'm going to frame this for you today. You also hear a lot about artificial intelligence and how great it is. You are not artificial intelligence. You are the people representing the people of this city and will walk out of this room because you care making a decision. Hopefully, it's correct. Is there a right or wrong? I'm not sure. But the best decision that you can make to make our community the best it can be. So, here's the bottom line. This does not make sense. Yes, you have an edict. You move forward with it. You follow the rules. I believe the builder has already gone before the DEQ and several other regulatory agencies, and I believe it's the size of the area that's to be filled in Conrad 2 is a proposal that would mean they can just bypass all of that. They pretty much have to rubber stamp it. You don't have to rubber stamp it. You have the power. It's your intelligence and your collective ability to synthesize the information and figure out does it make sense and does it make a lot of sense, and you have the power. One of my favorite sayings is that don't ever doubt for a moment this paraphrased that a handful of people can make a difference because it's the only thing that ever has. So now what I'm going to do is implore you on behalf of everyone in our city, because we don't wanna set precedents, et cetera, that are dangerous to our health and our community and make this a win, win, win, win. You have the power. You can take, you can allow the ability to sell, and you can allow the ability to buy. It could even be this particular developer if he wants to, I think the developer put forth this proposal because he wants to make money. That's fine, that's the American way. He can make money. The church can make money. The citizens can have what they need to protect them and the city can benefit from it because the city sets aside money to create, you know, solutions for stormwater problems, to leave open space for the community to be able to connect and develop strength and unity in our neighborhoods, and that's what we need. You have the power today to defer. You have the power to go, don't tell me that, you know, a contract cannot be amended. I'm a realtor. I know they can't, and you can move forward and create something really wonderful for this city, for this community, and for everybody involved. It's possible. Mr. Alcaraz: Thank you. Next speaker, Madam Clerk Rebecca Valadon, via WebEx. Ms. Valadon: Hello everyone, I hope you can hear me. Mr. Alcaraz: Hello, can you hear us? Ms. Valadon: Hello, can you hear me? Mr. Alcaraz: Apologize for the difficulties. Do we have another speaker? Madam Clerk: That's it. Mr. Alcaraz: That's it? Madam Clerk: Yep. Mr. Alcaraz: All right. If you can stick to rebuttals to all 22 speakers. Mr. Bourdon: First of all, on behalf of the church, who is the only party that I represent in this matter at all, we appreciate the voices today. I want to clear up one of the things that was insinuated or said, I did at the public meeting, encourage that the church held, encourage people to come and speak. Said it's your absolute right to come and speak. I wouldn't told anyone not to come and speak, but what I absolutely did say is that don't be angry with members of the planning commission or city staff, if they tell you that this application doesn't involve anything to do with filling this pond, because it doesn't, the comment said you've heard today, many of them have potentially great relevance, but not this commission. You have no jurisdiction over that and I will say this, if there is and I'm fairly certain that there isn't, but maybe there should be and that's one of the thing, the comments that was made, I think Chris made it that was a good comment. It is I'm certain, there's no public drainage easement over that pond. Maybe there should be, I don't believe it's a regional BMP, but maybe it should be. The reality of this is you all don't have the power of the purse, the City Council does. All the requests to defer or not do anything for you all doesn't do anything other than bring this back before you to hear the same thing over again. The City Council is the body that can solve the problem in a number of different ways but you all can't. I'm sorry, you can't. You got a simple application for which there is no precedent. This property has not been used for religious use. There's no condition that says it has to be. The church, as I said, the church isn't applying to fill the pond. The church doesn't want to, and it can be, you can call it pond, call lake, whatever. But the point of that is that if as Ms. Marsh says, it's got all this, you know, wetlands and other authority that it is a drainage way for other properties, then it won't get approved to fill it. They're not gonna be able to get the regulatory approval from DEQ, Corps of Engineers and the City of Virginia Beach, but they're conflating two different things and been spoken and told to them as clearly as I can possibly communicate it. And if you all had the authority to do something about it, then that would be one thing. But to suggest that this church who's not trying to put illegal aliens in that building, they're not trying to do anything with the property other than get rid of the liability and if the city wants to purchase it, they have, you know, they have every ability to do that and if they need to, they have every ability to do it, but you don't. You don't have the power to make that decision. This body should follow the recommendation of the Planning Commission, excuse me the planning staff, and forward this on to City Council and consistent with the law and consistent with the recommendation that they've made. City Council, they'll hear these voices and I'm sure they'll hear them when it gets there. They can defer it and they can look for solutions to this problem but at no point did I suggest that the city indicated they wouldn't, you know, the staff said they couldn't support a rezoning of the property to office. Someone tried to misconstrue that, there should be a solution to this and the church hopes that there is one, but the simple fact remains that this part of their property is not and has not been used for religious purpose and based on every precedent that exists, this should be approved, but it's not approving the filling of the pond, as I said in my presentation to begin with, and you heard exactly what I anticipated that you would hear and the church isn't telling people not to come and speak their piece. I just simply told them at the meeting that don't be, you know, upset with you all because this is not what you're being asked to approve. You're not approving anybody filling anything, that's the point. You're just simply following the law and allowing the church the opportunity, as a number of speakers said, they don't begrudge the city, I mean, the church's ability to sell its property that it doesn't need, that's a liability, that's an expense that they can't afford and that can help them move forward and stay in business, so to speak, not a business. But the reality will be that if they can't do this, and however it all shakes out with the decision makers, then the next thing that would happen theoretically, I'm not, you know, trying to say the church is about to close shop at all, but they could, they just say, you know, we're done, we're gonna find another piece of property move. And guess what, the whole property gets developed at that point and there's still nothing's happening with regard to the lake and address or the pond and addressing it. But only City Council can do that, that's the bottom line here and I respectfully request that you will recommend, as your staff has recommended the church be permitted to jettison, not to rezone, but simply the use permit was overly broad to start with, and there's no reason for it to remain under that use permit. The part of the property that is not, has not, and will not be used for religious purpose and is not being used for one now, and I'm glad that Mr. Plumlee cleared that up. I'd be happy to answer any questions. Mr. Alcaraz: All right, Mr. Bourdon. Any questions Mr. Plumlee? Mr. Plumlee: I just wanna say for everybody here that Eddie Bourdon is a wonderful person and a terrific attorney, okay and he's amazing. And it's not about people's motives, we're all here to do a job together and listen to one another. So my question, Mr. Bourdon is, I went there, I walked the site. I saw infrastructure for there to be services outside. I saw there was a cross; I saw there was a seating area. It appears to have been there for quite some time. I asked the question, it doesn't look like the church is using it currently, but it appears to have been infrastructure installed for the purpose of religious activity on that portion of the property, so that's what I viewed. I don't have anyone else to ask because no one else is here from the church, and so I'll ask you. What was the purpose of that installation to your knowledge? Mr. Bourdon: My understanding is and I can't speak to the cross, my understanding is the property has been to some degree utilized by the community as a park. I mean, that's the church has been very open. They're part of the community and that's why they allowed the city to use the building for all these years that's on this part of the property that's not a part of the church, not a part of its, you know, religious use for, you know, the infant STEM program. But I'm not aware, I'm told it has not been used since the church first began back in the late 60s when they hadn't built, you know, the rest of their facility and they hadn't built a sanctuary, hadn't built anything. So the beginning onset of the church or its operation for a number of years, that building on this property is the only building that existed until they built their initial sanctuary and then built onto that and then got, the school and all those things, but that was all back in the 70s. So then they tell me that it hasn't been used in any way for religious purpose. Mr. Alcaraz: Any other speakers for any questions? None. All right. Well, we're closed for speakers. I'm talking about commissioners right now. Mr. Bourdon: Thank you all. Mr. Alcaraz: Having said that, we'll close and we'll go into discussion. I'll start. I read this numerous times, I read all the emails I read, I met with staff, and they're asking bottom line, they're asking for a modification of conditions and what they're asking for is reduce their eight acres to 4.13 acres, that's all they're asking for. That's what they're asking our vote for. What they're asking us is to take this modification and reduce it. What they do with this property, what it's zoned, what it's currently zoned, doesn't have anything to do with what this application in front of us is about. It's just asking to modify the acreage. That is all we're here to vote for. So that's my understanding, but I just want y'all to think about that. Mr. Horsley. Mr. Horsley: I agree with what you've said and you know, I'm very passionate about what all the speakers have said today, but really that's the only thing we are here to vote on is to divide that piece of property. And use the part that church is using and let the church do what they want to do with the rest. If they sell it, so be it. If the community wants to buy it and they can work it out, that's fine too. But that's their decision. I think that's all we need to stick to. Mr. Alcaraz: Mr. Parks. Mr. Parks: Yeah, I just wanna echo both of those. I mean, I've did my entire graduate thesis on sea level rise and how it affects Hampton Roads. I was integral to City of Norfolk with their flood planning. I was a part of all the talks, the Dutch Dialogues. So I understand all your concerns, but like they're saying, we're not here to discuss filling in the lake. That's not what was presented to us, so that's not something that we can vote on. I do agree with everybody that came up and spoke. I think everybody has a right to be concerned with flooding. It is a huge deal for the city, but I also think that that's the conversation that's gotta go higher than this board. We are not equipped to handle that kind of discussion here, and that's not what was being presented as a part of this application. Mr. Alcaraz: Thank you. Any other questions or discussions Mr. Horsley, no. Mr. Coston? Mr. Coston: I'm at [Inaudible] [02-28-14] between like everybody up here because of what's going on, but my church had to sell property last year, and I'd hate to be in the position where I'm telling somebody they can't sell what they own and I'm going to have to rely on staff and those who oversee what gets built and make the requirements for how that piece of property will drain. Now, I've been told that, Virginia Beach has the most stringent water restrictions when it comes to runoff of anybody on the East Coast that's what I've been told. So, I expect that I have to trust our staff, that they will remedy or take care of what is to happen on this property with whomever purchases it and whatever they do with it. Mr. Alcaraz: Thank you. Mr. Clemons? Mr. Clemons:Yes, I'd echo many of the remarks that have already been made, and I want to thank all of the members of the community, who came out to rebut this application. I have many of the same concerns that you all expressed pertaining to the runoff and, you know, all of the other associated issues around that. At the same time, I know that it is important for us to take a look at this and I do recognize the fact that we do have limited input with respect to that matter. But I would urge the community to be as vigorous before the City Council as you have been here and I thank you very much for that. Mr. Alcaraz: Thank you. Any other comments? Ms. Cuellar? Ms. Cuellar: I wanna thank all of the residents who came out today and everybody who wrote, especially wanna thank Wendy Crutchfield. She spent time with me, sharing her memories and learning more about Great Neck Estates. I have a contrary view because I believe as a commissioner we also have a responsibility to make recommendations on the plans of what we want our city to look like. Most everyone who spoke today told me they were homeowner. I'm a homeowner. I'm humbled by that. So rights of property owners are very important and it's becomes more complex for me today, as I've thought about this application and as I sit in Focus Groups for our comprehensive plan, I hear a lot of conversation about stormwater management. I hear conversation about protecting ecosystems and open spaces. So I will not be supporting this application in moving forward. Mr. Alcaraz: Thank you. Mr. Plumlee. Mr. Plumlee: You know, I contacted the VMRC, I checked into the wetlands position of this. I checked into the Chesapeake Bay Preservation Board position in this, and it appears that this particular property and these waters are the subject in some great respect of what we're looking at. We are the planning commission. We look at the broad picture. We have to take a broad view from time to time that means looking at what occurs if it is R-10 and there is no hearing that follows on, whether it should be R- 10, then if its modification is allowed, then they will have a right to develop R-10, so that is the fact. We may not be able to solve the problem. I agree with that statement by Mr. Bourdon, but we're giving a recommendation to Council is what we're here to do, and we're to say what we think should happen along with that and I think there should be a solution to preserve the BMP for these folks that's my position, might be a minority position on this board at this time, but I have to give my recommendation that I feel comfortable giving and I think that's where I fall on it. Mr. Alcaraz: Thank you. Anybody else? Mr. Anderson, go ahead. Mr. Anderson: Thank you. I was one of the commissioners that we were able to do a site visit a week ago and I concur with Holly that it, you know, it's a beautiful site. It's, you know, we have to do, we do have to look into even though, you know, we were only supposed to vote on the zoning of, you know, reducing the property. Consciously, I can't move forward with approving this, you know, I would have to vote no. Mr. Alcaraz: Okay. Thank you. Ms. Estaris you have something to say? Ms. Estaris: Yes. I applaud everyone for coming out. I know it's difficult to fight for something you really believe in. I wanna thank the little girl that was up there. Her arm must be hurting, holding that poster wherever she is, she is left but thank you for the support. I appreciate that. As one person spoke, he said you beg to differ that our task was easy. It is not easy and it is not a rubber stamp back here. Some of you have said that probably from the previous commissions, but I can tell you, every one of us believe and read all that has been submitted to us and it takes a lot of time on our part to review your letters, your emails, and to hear your voices. There has been a lot of information was submitted today especially from Ms. Ronna Marsh, who has shared information I was not privileged to or acknowledged, but we do rely on our staff to give us information, to submit the information so that we can make the decision that we have to make and reviewing the evaluation, the recommendation and to know that our decisions based on the reduction of the space. But that alone, as Holly has shared also, is that we also are part of the comprehensive planning. What is our vision? I served on Envision 2040 for six years of my life, and so I do have a stake, so to speak, on how this city is to look like in 2040. So, I too am in disagreement and will not go forward with this as well. Mr. Alcaraz: Ms. Byler. Ms. Byler: Good afternoon. Thanks for coming out and thanks for your voices, all of you, including attorney Bourdon. So, I'm a property owner also of both commercial and residential and I respect the rights of property owners. I teach this at the law school and when you own property, you have certain rights that come with it, right to use it, the right to convey it, and that's near and dear to my heart. And I've heard some pros and cons and I don't know if I'm gonna be deciding vote here or not, but I'm concerned about that. At any rate, I've read the application, I read the city reviews, and I've spoken with the staff member that reviewed it in detail. I have walked the site, I've looked at the videos, and this is a tough one, and somebody made the comment. We know how you got up here and we know who appointed you. And I'm not exactly sure what that meant, but I will say I spoke with the person who nominated me, the member of City Council, and I said, before I go in there to hear this, do you have any words you wanna share with me? And she said, do your job. I trust you that's why I nominated you. Vote your conscience and that's what I feel I need to do. I also, like most of the other members here have participated in Focus Groups for the new comprehensive plan. And over and over again you hear resiliency and open space and a sense of community. These are real issues for our city, and if I'm going to cast a vote that is going to affect the future, I have to vote my conscience. Yes what's before us is just to modify the use permit and to remove this portion of the land from the use permit so that it is no longer for religious purposes. But I see what will happen next? It's like a chess game. There's one move and there's another that follows and I'm sorry to the applicant, but I cannot support this. Mr. Alcaraz: All right, thank you. I think everyone's given their opinion and I need a motion. Mr. Horsley: Mr. Chairman, we've hashed over this a lot and we've heard it from many speakers, and I think to do our job today, I'm gonna make a motion that we approve the application to allow the property to be divided so that the church can sell it if it needs to. Mr. Alcaraz: I have a motion by Mr. Horsley. I need a second. Mr. Coston: Second. Mr. Alcaraz: Second by Mr. Coston. Madam Clerk: The vote is open. [Irrelevant conversation]. Mr. Alcaraz: Thank you for coming. We're adjourned. Oh, no, I'm sorry. We have one more, one more. Number 12. Madam Clerk: I need to read this into the record. Mr. Alcaraz: What's that? Madam Clerk: I haven't read it into the record yet. By a vote of four to six, the motion does not carry, which I believe means we need to make another one. Mr. Alcaraz: Sorry? Ms. Wilson: We never heard Kids adventure. Mr. Alcaraz: No, we're still on this. I need to make, do we need to make a motion to deny? Madam Clerk: That motion didn't carry; he made a motion to approve. Ms. Wilson: Well, if a motion didn't carry, then it's a motion for denial. Mr. Alcaraz: That is? Ms. Wilson: Mm-hm. Madam Clerk: Okay. So, by a vote of six to four, the application has been recommended for denial. Ms. Wilson: The application was not approved by vote of four to six. AYE 10 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson NAY B ler NAY Clemons NAY Coston AYE Cuellar NAY Estaris NAY Horsley AYE Parks AYE Plumlee NAY CONDITIONS 1. All previous conditions attached to the Conditional Use Permit approvals of August 3, 1966 and October 15, 1973, as well as the Modification of Condition approvals of December 19, 1988 and December 12, 2000 shall remain in effect and Condition 2, as indicated below, shall be added. 2. The applicant/owner shall submit a resubdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning & Community Development prior to the recordation, which shall be in substantial conformance to the submitted resubdivision plat entitled "RESUBDIVISION PLAT OF PARCEL B-1-A AND PARCCEL B-2-A (INSTRUMENT# 20141218001186080) (D.B. 1355 PG.661) AND LOT 1, BLOCK B GREAT NECK ESTATES, SECTION ONE (M.B.43 PG.28) (D.B. 1826 PG 516) VIRGINIA BEACH, VIRGINIA FEBRUARY 03, 2023,° dated 02/03/2023, prepared by Gaddy Engineering Services, LLC, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. From: Michelle Conti To: Planning Administration Subject: Wycliffe Subdivision permit application#20222155 Date: Monday,July 17,2023 12:29:29 PM Attachments: IMG 1364.PNG CAUTION This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe I write to you on behalf of all the wildlife whose habitat is in jeopardy. The environmental study conducted by Bay Environmental failed to mention us. We are here and we are counting on your support. r� ti From: Michelle Conti To: Marchelle L.Coleman Cc: Marsh Rona Subject: Propose Wycliffe Subdivision DSC File#304-016808-EP Date: Thursday,July 20,2023 12:25:22 PM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. I am writing to you to bring attention the following concerns so they can be addressed at the Planning Meeting scheduled for August 9,2023. Bay Environmental Inc.'s Wycliffe Subdivision Project Description contains errors. Specifically the The Joint Permit Application has two items that need further attention. Item#7 Historic Resources Information: Historic properties include but are not limited to archeological sites,battlefields,Civil War earthworks,graveyards,buildings, bridges,canals,etc.Prospective permittees should be aware that section 110k of the NHPA(16 U.S.C.470h-2(k))prevents the USACE from granting a permit or other assistance to an applicant who,with intent to avoid the requirements of Section 106 of the NHPA,has intentionally significantly adversely affected a historic property to which the permit would relate,or having legal power to prevent it,allowed such significant adverse effect to occur,unless the USACE,after consultation with the Advisory Council on Historic Preservation(ACHP),determines that circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant. The proposed development site has an adjacent historical property which is acknowledged. It incorrectly states there are not any structures on the building site over 50 years of age. The A-frame was built in 1966. There is also a bridge on the property that predates the A-frame and has been used for the totality of its existence by the neighboring community. A survey has not been completed to depict the historical structures and protect their integrity. The proximity of the proposed development has a negative impact on the historical structure. The absence of historic district status may be a result of not applying for it. Item#5 Public Notification has not been completed. With regard to the Modification of Conditions application,the position that is stated is the church has not used its excess property for any religious purpose for decades.An outdoor stadium style seating area and cross exist on the proposed development site. Respectfully, Michelle Conti .. 4 e y} yV 4 �3 _ ,.Oop 10 Ivy Al� :�� f_�1� fit: -•� �� h � 'i- � •. �_� =t.g+ ��r�. r i y� � 1 ,ems, �`'� �r �Rf'W�Mwycwk�LY'G�►YM'S-. `"��—' Churdt 9 yeu"Cad wa►4mouck.bo Neaed wantlp in seeedh d qmM dddmn'S eclhiVms,V*O bo tmwy b b oA UW VJVWb oleo aeh ome sr+yss loft vpwm 1Mowsn,wo nvww qR o mess fm ssrvww �wVcVispresoVtorm�wq Go*2E G_y,: Is?slwx- t LA. Coes+a a Sn— I ' From: Michelle Conti To: Plannina Administration Subject: Proposed Wycliffe Subdivision Permit Application 20222155 Date: Sunday,July 16,2023 5:46:00 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. All concerned, Building on Lake Conrad and watershed at N Great Neck Road and Millwood Road should not be permitted. The lake is vital part of Virginia Beach's watershed. It is home to a large variety of wildlife including turtles whose lives span decades. Setbacks that reflect the importance of both should be in place when considering development. Michelle Conti From: Gail Hilder To: Plannina Administration;citycouncilCalbaoy.com Subject: Lake Conrad and the Watershed at Great Neck Road and Millwood Road Date: Sunday,July 16,2023 7:41:02 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. To All Concerned, One of the latest,proposed projects by a housing developer,is infringing upon Virginia Beach's beauty,nature and ecosystem. The project I speak of is Lake Conrad and it's watershed,situated along Great Neck Road behind the Wycliffe Presbyterian Church. This area,currently owned by the church,is home to egrets,turtles,dragonflies and a host of other lake inhabitants that will be killed and/or displaced if this building proposal were to move forward as is. Twelve new homes are slated to replace our wildlife and their habitat. Being a life,long resident and property owner in Virginia Beach for over 60 years,I am against this project moving forward. Virginia Beach must maintain the lake's integrity,and the inhabitants such as the turtles,who have called Lake Conrad home for over 50 years. Less housing could be proposed,leaving the lake and some of the surrounding grounds intact,so that both could coexist.City council is elected by the people to protect all residents and their environment,which includes our wildlife! Please do not allow this project to be approved as proposed! Thank you for listening. Sincerely, Gail C.Hilder Resident of Virginia Beach,VA From: beachlifefour(ftmail.com To: Plannina Administration;citvcouncil(ftb.aov Subject: Wycliff church property Date: Sunday,July 16,2023 4:57:13 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. I am opposed to the filling in of the lake/wetlands.I don't even understand how this could even b an option which would destroy the ecosystem,endanger wildlife&fill in a needed drainage area.Please oppose! Paula Berenson From: Marchelle L.Coleman To: Marchelle L.Coleman Subject: FW:Wycliffe Proposed Development Date: Monday,July 17,2023 11:10:53 AM From:Windy Crutchfield <windy.crutchfieldl@gmail.com> Sent: Friday,July 14, 2023 2:30 PM To: Seth L. Edwards<sedwardsPvbgov. om> Subject: Wycliffe Proposed Development CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Mr. Edwards, I wanted to share with you this map of the area being reviewed for possible 12 parcels. This is Great Neck Estates in 1964 per USGS maps, showing Lake Conrad 2, the proposed infill site, and part of the continuous Lake Conrad /Great Neck Lakes system. Notice the blocks that symbolize homes. The land may have been zoned R-10 but it was NEVER subdivided for parcels. Note next the houses across the street in the front of Great Neck Manor. Those homes do not exist. The City eventually took that land, but I don't know why. But at the time these neighborhoods were developed, the city agreed that this was good land use. Never was the LAKE considered a buildable parcel. Never should it be!! I believe that the city council should make it clear to this developer that they will not consider changing the land use from church use to 12 home parcels!! There are no upsides to this for VB citizens. Thanks for including this in your department's consideration when presenting to Planning and Council. Have a great weekend! Windy Crutchfield, resident of Great Neck Estates and home owner on the downstream Fairbanks Cove of Lake Conrad. op efat Neck Est* 5 AM IL • 40 01 Lake ( 1 1 ram. _ � "� •r =_ .. .... .. r■ From: Joanne Filion To: Marchelle L.Coleman:City Council Subject: Wycliffe Property Date: Thursday,July 20,2023 9:31:38 AM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Please,listen to the citizens and your constituents,whom you represent,and do not approve filling in a pond and building yet more houses on the beautiful Wycliffe property. I don't know why we continue to create more and more flooding problems by filling in natural drainage areas in favor of concrete. I grew up here and while VB has grown and grown,with no end in site,it never had the flooding problems we have now. Secondly,I really hate the thought of disregarding the beautiful nature back there and destroying it for profit,again and again. Don't ruin every last bit of what makes a beautiful city.Natural areas are important ecologically,visually and functionally. Thank you, Joanne Filion 2789 Broad Bay Rd VB 23451 Sent from my iPhone From: Andrew Broyles To: Marchelle L.Coleman Subject: Wycliffe development ipposition Date: Thursday,July 20,2023 10:42:29 AM rUAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments nless you recognize the sender and know the content is safe. Please put me on record as being opposed to this project. I am an owner at 1533 Custom St in GNE. The church had established no hardship to revert their CUP and is simply cashing in. Building houses and streets in top of a drainage pond is not good for drainage or sustainability-- Andrew R. Broyles Class A 023839 General Contractor "Since 19 78" *Additions *Kitchens *Baths *Fences *Decks *Whole House Remodels*Carpenter *Real Estate Investor Call Or Text 757 6212082 3604 East Stratford Rd Va. Beach, Va. 23455 andrewrbrQvJes Mail.com From: Sandra Weaver To: Marchelle L.Coleman Subject: Wycliffe Subdivision Date: Thursday,July 20,2023 12:14:16 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Please count me as opposed to the Proposed Wycliffe subdivision project. It would be a shame to destroy more green areas in our city to justify greed and increasing housing and population to add to the burden to our schools,roads and utilities. Thank you, Sandra Weaver 2313 Windward Shore Drive Virginia Beach,23451 757-434-0492 From: Michael Provost To: Marchelle L.Coleman Subject: Disapproval:Wycliffe Wetlands and Lake Removal Date: Friday,July 21,2023 8:10:32 AM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Ms. Coleman, It's my understanding Wycliffe Presbyterian Church at 1445 N Great Neck Rd,Virginia Beach,VA 23454 desires to sell four acres, which include a sensitive wetlands area and lake adjacent to their church.The purpose of the land sale is to build 12 new homes. Please respond and acknowledge my respectful opposition to this proposal due to the obvious negative environmental impacts, and loss of precious green space.The International Panel on Climate Change's evidence for Global Warming is undeniable. We must protect and increase green space and wild areas globally in order to limit the negative impacts of Global Warming. This lake and wetlands may not seem important, but they are crucial to larger US efforts. We must protect the Wycliffe wetlands and lake for future generations of Virginia Beach residents. Best regards, -Michael Provost Founder and Executive Director Vessel Disposal and Reuse Foundation 757.985.5248 From: Mrs M To: City Council Cc: Marchelle L.Coleman:Holly Cuellar;Patrick D uhan y Subject: Flood Risks and filling in Wycliffe National wetlands for 12 houses Date: Friday,July 21,2023 3:06:00 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Councilmembers and VB Planner Marchelle Coleman,and Holly Cuellar Planning Commission: There are continuing concerns about flooding including problems that could occur building 12 homes over Lake Conrad2,the National wetlands lake next to Wycliffe Church on Great Neck Road.(Think Asheville Park$11 million to fix homes being flooded after developer left). Lake Conrad 2 is part of National Wetlands Inventory classification LIUBHh = LEGEND 16 } j f �M 3 • �Ir �P 7 lb �k 1 -2, 257 7. un i -76. 044 and Wildlife Service, Na... AA prima ry.wim.usgs.gov (� LEGFRI� f tk w ' 4 � v 0 U.Z 6 A ** �^ R 1 wr �^ # „�r •`' I fI E A n • �► ! • t , and Wildlife Service, Na... AA ii prima ry.wim.usgs.gov (� Its a very large wetlands and the classification is"permanently flooded,deep water habitat greater than 20 acres in size" Wetlands include narrow forested and shrub dominated zones on banks and benches along streams;broader floodplain areas that are seasonally flooded and usually dominated by trees;wet meadows;and seeps near the base of hills. Many small wetlands have been created or modified by human activity(e.g.,excavation)such as farm ponds and impoundments. Description of wetland habitats by Cowardin(1979)classification: Ll UBH Permanently flooded,deepwater habitat greater than 20 acres in size(e.g.,natural lake). L I UBHh Permanently flooded,deepwater habitat greater than 20 acres in size that is created by an impoundment(e.g.,reservoir). fws.gov (� PROPOSED BUILDING SETBACK L[CFNtl Ao m I RONT Sf TRACK a�go SIX Sr r"ACK ©W REAR St TRACK / • O 70 VM ADJACENT to A SiNEET StT"CK I LO/J At 0CW tIr AI/4/G AU FAIR84INKSCOVE !,w l�AIV 1rfN.WI-'.I Elr M1.0S'IM 77T Ir OM Aii'IJrI !M1'OSIl1M 111T•---� I LOr.I �-- 75 11'-------�"'.�I S}1T�— �-�''�/. IKOGiC S• 42 ( A_ l�` LQf! �I g OT! I /wS1A' / rr• t i 1 LioSi/AIYM�3.ilJ 1 4 C .. eLy C+ Ela Iw•'Iol :•.t!;K;rrr�J►it;:'::• � � r0'A4ArwGE Mt7 -__T ELs rasa , , ,,,,��r,;'•'• - ��_-_.__. idri vrxfrruscWvr 'r'•9fir,: tY:::. N{]1`��;}f� Are a PG ni LOT 7 C G5111Y 1YA9 Os 6t�Y7 LOT10ION* CrTroor 1. 3 LOT6 • � . •':'�:�:� w AAG7Z LOT tt GC9yy�yq?.p37If60 -N3 -- A 1 i 2p2"1N N38•2tT2T1N 54 W CCAAXWt.°Ii l0i S A LOT 12FLAW 8 g (4 1/F/RAI I nW • - q 2 ^LOT 13 Plow (TO SE DEDICATED "'� '� (� :'.. .._: ��•R��B TO THE CITY Of ti ir4TIR 1 men ui VIR4lIYV�tftAVM) 5 1 J ';' l6 1 l7Na y U 4 i C yIf ! O r 8 r ; D !!� �! �D�o+�\� 5 ! LOT 4 LOT 3 LOT 2 LOT i i rl^_I f l B Y{ 1 j B IF \J jj t ) EC�t Ilk ►-- ) -- ) — ��-- EL 16 80 W i r i 53.6f r 88100 ) 48.36 i 27.2 N82'41'50'E WA EL10 n 3 3 ppy��EL11 23.05' QRG/M14 A r11R.1 C 3 Ll USEAS6-67 POINT Of BEGINNING 19 3-1W,PG 35) !D Ch+ES4PEit/1EAN1J N 3.489,633 66 P01CM4C 7ELEPMWE E 1Z200.976 07 A T NECK ROAD COMB.WYEASEMEW WV,rH RlrH7-0,,c.WA y) (08 1261.PG;W) N6 Q PG 7B/ EW+G SE And we have HRSD warning about Flood Risk. X https://www.hrsd.c... (� ii www.hrsd.com ICJ ly � _ �—��,Y�� '•a- `T+ate,_... � ®YF �� _ a..�v e FLOOD RISK IN A CHANGING CLIMATE IMPACTS TO HRSD ` S FACILITIES ohm, FLOOD .� -4sl`_ MAY 2023 https0//www.hrsd.com/sites/default/file /as et /Doc ment /pdfs/Engin - g/CCPS_&,port_2023.06.09_pdf I am opposed to building on National Wetlands Inventory.Flooding is supposed to be a priority of Council,not creation of another development that Taxpayers will be at risk of paying for fixing the flooding issues. Rona Marsh Thalia District 8 cell/texts 757-270-7900 From: GS Passaris To: Holly Cuellar Subject: Opposing Wycliffe Bishard Homes Developmeny Date: Thursday,August 3,2023 6:22:38 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello- I am a long time resident of Great Neck Estates, (48 years) and although I understand that the church is desperate for money, allowing a developer to build homes on top of WETLANDS if not acceptable. I strongly oppose this development project as it is going to further destroy our open green space and the beautiful wildlife that lives in the front of our neighborhood. Not to mention, the pollution and lower water quality that will make its way to the Lynnhaven Rivers and eventually to the Chesapeake Bay. WHEN WILL CITY COUNCIL LEARN TO STOP KOWTOWING THE GREEDY DEVELOPERS IN OUR CITY. We will look like Detroit before you know it. Regards, Ginny Passaris 8/3/2023 In the near future the Council will be presented with a proposal by Wycliffe Presbyterian Church on North Great Road to sell approximately 50 percent of their open space property not now being used for its intended purpose of religious activities.This land fronts on Great Neck Road at the intersection with Millwood Road in the Great Neck Estates neighborhood.The developer plans a high density build of 12 houses on the property with each lot being 10 thousand square feet. The church entered into the contract with the developer without any known public announcement or awareness by the residents of the 150 homes in Great Neck Estates and Poplar Point which borders the church property immediately to the north and east or any other known residents in the greater Great Neck corridor. There are several problems with the proposed development that would be of significant interest to you considering your historical concern for loss of open space, increased flooding potential, damage/loss of wetlands, loss of bird,wildlife habitat and native/natural plant material. 1.Two of the houses will be built on land created after 2 lakes/retention ponds are filled. 2. Historical properties on the site will be demolished. 3. Loss of scarce open space in the densely populated Great Neck Corridor.This space could be acquired by the city for recreational use, particularly by the increasing number of senior citizens who live in the area. 4.Additional vehicles added to the already dense traffic on Great Neck Road which is increasingly hazardous to children and adults trying to cross this this 6 lane high speed road with very limited cross walks and traffic lights to access schools, churches, medical services,and shopping centers.There have been several fatal traffic accidents on Great Neck Road in recent years. 5. Potential for increased negative impact on the area marshes,the Lynnhaven River and the Chesapeake Bay. Your consideration of this issue and denial of the proposal is urgently requested. (There are other options available to the church.) Sincerely and Very Respectfully, John A. Carbone, Captain USN Retired 2142 Cedar Bark Rd VAB 23454 757-481-5847 From: Julia cherry To: dhHorseleyCalvbaov.com:Marchelle L.Coleman:John H.Coston:Bryan Plumlee;George Alcaraz Subject: Fwd:Wycliffe Development Date: Friday,August 4,2023 10:04:50 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Sent from my iPhone Begin forwarded message: From:julia cherry<jmcherry29@icloud.com> Date: August 4, 2023 at 9:14:27 PM EDT To: planad@vbgov.com Subject: Wycliffe Development Greetings, I'm writing in opposition of the development proposed by Bishard Homes on the current Wycliffe Church property. I live in the Great Neck Estates neighborhood at 2408 Cedar Bark Rd. I strongly oppose the filling in of any part of the wetlands or Lake Conrad 2. Our neighborhood is a flood free zone. We depend on the almost 4 acres of green space filled with beautiful trees and flowing waterways for a natural flood protection. It works very well and does an amazing job holding the rainwater. Today was a perfect example of how much water runoff flows into the storm water system in place. I have videos and pics of the water flowing over the dam from today's rainfall. Please do not approve the Bishard plan to fill in any part in order to fit 12 homes on the Wycliffe Church property. Regards, Julia Cherry Sent from my i Phone From: Jim&Calmetta Allen To: City Council;Christopher Taylor:Holly Cuellar; Naomi Estaris;Michael Clemons;Michael Anderson: Kathryn Byler: George Alcaraz;Bn an Plumlee:John H.Coston: dhhorseleyCalvbaov.com;Marchelle L.Coleman Subject: Wycliffe Development Oppositional Meeting-Agenda#6-Wednesday,August 9,2023 Date: Saturday,August 5,2023 2:45:28 PM CAUTION This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. i Mr. and Mrs. James T. Allen 2372 Great Neck Circle Virginia Beach, VA 23454 jallen182@verizon.net Good Evening City Representatives, My name is James T. Allen and I have lived with my family in Great Neck Estates since 1985. We have a quiet neighborhood that many would aspire to live in; however, that may change if the property owned by Wycliffe Church is sold for development. It is our understanding that the church is in the process of selling (or has sold) some of their property, and the storm water drainage pond on that property would be filled, in order to build houses upon this area. Homeowners in Great Neck Estates already experience drainage issues that result in standing storm water runoff for several days. It is present on streets and driveways, and filling in this storm water drainage pond will create massive flooding issues for the existing neighborhood. I am sure our community will suffer if this housing development plan moves forward. Please give serious consideration to this issue. Thank you for your time, James T. Allen Jim & Calmetta Allen j a l le n 1 82 @ve rizo n.net From: Jill Walsh To: Marchelle L.Coleman Subject: Opposition to Filling of Lake Conrad Date: Sunday,August 6,2023 10:42:20 PM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good evening, I wanted to take a moment to voice my outrage over the proposed filling of Lake Conrad in Great Neck to build new homes. Our wetlands should not be jeopardized for the sake of new housing. The environmental impact and impact for potential flooding should be considered. I oppose that the request to return this lot to housing be denied and that we protect our wetlands at all costs. The property should be preserved as it has served Virginia Beach for generations-as drainage &Green Space. Jill Edsall Sent from my Whone From: dimoervento(o)amail.com To: Cry Council:Holly Cuellar:Naomi Estaris;Michael Clemons; Michael Anderson: Kathryn Byler:George Alcaraz; Bryan Plumlee:John H.Coston;dhHorselev(a)vbaov.com;Marchelle L.Coleman Subject: Filling in lake on Great Neck Rd for housing. Date: Monday,August 7,2023 9:49:03 AM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Good Morning, Please do not allow the stormwater lake off Great Neck Road to be filled in to built houses or anything else. Thank you. Debbi Impervento A Concerned Citizen Sent from my iPhone From: Lisa Smith To: Ilan Plumlee:City Council;dhhorselevCalvhoov.com:George Alcaraz:Holly Cuellar:John H.Coston:Kathryn Bvler: Marchelle L.Coleman;Michael Anderson:Michael Clemons:Naomi Estad Cc: Deanna Stepanovich;Jesse Meador(Deanna);Robert Ianucci: iulie.blanchard((verizon.net Subject: Fwd:Lake Conrad and Storm Water control critical during/following heavy rains:Laurel Cove Date: Monday,August 7,2023 10:01:48 AM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Please see the photos of neighborhood entry area to Laurel Cove neighborhood. Do not approve 'fill in' of Lake Conrad (part of Great Neck Lake)! Severe rains and Flooding have increased across our region AND across the US.Virginia Beach, and most communities are requiring INCREASE in storm water mitigation, NOT reversing with 'fill in'for builder convenience. Hundreds of home owners and personal property, including potential of threats to life due to rapid flooding of our Great Neck/Laurel Cove/Lake Trant neighborhoods would be costly and life changing by'filling in' Lake Conrad -or any other Great Neck bodies of water. I request that these photos be presented to the Commission meeting on Wednesday. I will be in attendance, along with others in my neighborhood. Kind regards, Lisa N Smith 1301 Willowood Ln Virginia Beach,VA 23454 757-572-0999 ---------- Forwarded message--------- From: Lisa Smith<IisanovasmithC@gmail.com> Date: Mon, Aug 7, 2023 at 8:40 AM Subject: Fwd: Increased road flooding during/following heavy rains: Laurel Cove To: Lisa Smith <lisanovasmith(@Rmail.com> ---------- Forwarded message--------- From: Lisa Smith<IisanovasmithC@gmail.com> Date:Tue, Aug 31, 2021,4:21 AM Subject: Fwd: Increased road flooding during/following heavy rains: Laurel Cove To:<PWClrks(@vbgov.com> Photos of the Laurel Cove street 'flash flooding' in 2020. Can also send the recent 2021 pic, if needed. �► �. e"{A .�i� )h ._ _.ate. .. i' I� L U cie[3 :.i1117 'gin. �►who '3� `� ..a_. �+ < <'r .` �� ` - �•�,` �4� ��` � �^1 `� � mow. ��- >~ �;� :ti. _ �..± � _ F � e�9 � w �� e . r�. .�� ; � �`�; ?� - � � � � � .:: �� , � k � E ,.,�_e � - .�. P � � yam'\� � � '�.y q r 4 yr�1 �_ .ls I `. R�Z l `i � •. �j: .y I $]` >� � f � �� .r. 1 �; �, � a r 4'� � �� ` c�; �:�' � r �� .� ti r, � � a�� i � i i _. ,i ___ ;_ Y 1 t��.':.. �' 1 4 r '�, ..,, � y •} i k! s- ,r � � s. ,+ � as V ;►` "3, a' k F. �4 From: Windy Crutchfield To: Holly Cuellar;Naomi Estaris;Michael Clemons;Michael Anderson;Kathryn Byler;George Alcara7Bryan Plumlee:Jgbp H.Coston;dhHorseley(d)ybaoy.com;Marchelle L.Coleman Cc: City Council;windy.crutchfield(&omaiLcom Subject: Agenda Item 6 Wycliffe Modification of Use Date: Monday,August 7,2023 11:03:16 AM Attachments: Wycliffe CUP Exhibits.ona CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Planning Commission, I wanted to express my Concerns for information not included in the Staff Report, which I believe to be pertinent to your decision this week on the Modification of Use application. Wycliffe's request is directly tied to a proposal by Bishard Homes to fill in Lake Conrad 2 off of Great Neck Road. Photos of the natural setting were omitted from this report that provide a better understanding of the concerns of residents. The City has been doing a great job in upgrading systems and trying to mitigate flooding problems in our city in response to the Dewberry Report and through funding from the Flood Protection Program, and I believe that if this lake is filled in, it will cause great harm to the downstream residents,the Great Neck community, and Virginia Beach. I am a property owner(early 1970s) downstream from Lake Conrad 2, part of the 3 connected lakes system known as Great Neck Lakes,formerly a finger of the Lynnhaven River that stretched all the way to Great Neck Road. Lakefront owners are organized under The Great Neck LAKES Association, known to the city formally as Lake Conrad 1, 2, and 3. Exhibit A is a rough sketch added for ease of understanding. Precedent: We are not the only interconnected lake system in Virginia Beach created by damming off fingers of the Lynnhaven River and integral to effective stormwater drainage. I am aware of a precedent set in 1991 when the city prevented a land owner from filling in a lake, presided over by our current City Attorney Mark D.Stiles. Pleasure House Lake was a privately-owned 4.6 acre lake getting regulatory approval to create parcels on the lake, when the city stepped in and restored it to it's use as part of our city's necessary stormwater drainage. It is currently undergoing repairs to it's outfall as part of Phase 1 of the Lake Bradford/Chubb Lake improvements. I contend that this ruling should be upheld by your decision this week to not approve residential housing on a natural wetland area. Conditions for Issuance of CUP: Staff informed you in their background report that the CUP was granted by the City in 1966. Important in that statement is that the Church Use was granted because it was a benefit to the city because it retained the stormwater drainage use that had been in place when Great Neck Estates was developed, pre-dating Wycliffe Church's use of the property. Highlighted below from the 1950s are the drainage easements. (Exhibit B) In addition,the CUP was also granted at that time because it served as a benefit to the residents of Great Neck Estates.The green space buffer off of Great Neck Road included a bridge connection between the Great Neck Estates neighborhood streets of Millwood Road and Poplar Point Road since the 1950s.This path also served the neighborhood residents who attended Wycliffe Church.To date,the path has not only been been used continuously by residents to get to church, but also to visit neighbors, walk dogs, swing little children, and to sit at the church's outdoor sanctuary to have a moment of solitude and prayer(especially during the pandemic).The community has added a volume of photographs to the VB Great Neck Communities Facebook page taken over the decades that we have been welcomed by Wycliffe Church to enjoy their beautiful grounds and to come to church!To remove the CUP now in order to fill in a lake for private homes does not in fact comply with the principles outlined in the Comprehensive Plan and removes a public enjoyment and need.(Exhibit C) City Investments: Our city has invested heavily in this property over seven decades of growth and to consider any plan that would destroy this storm water management facility(SWMF)would be to turn our tax payer investments over to a private land-owner. Besides expanding the drainage pipes to Lake Conrad 2, the city has removed trees, dredged the center of the wetpond, conducted water quality studies and prepared for the installation of a federally-funded hydrodynamic separator to improve these MS4 Receiving Waters.This is a well-working SWMF which includes 140 mature trees and almost 3 acres of soil and 1 acre of a lake, and despite that still needs the addition of a filtration system.We need to stay focused on improving the city's stormwater systems rather than removing effective retention systems. The Modifications should be denied if they will result in destruction of a SWMF asset. Staff Recommendations: I ask for some assurance that the Previous Conditions outlined in the Staff Report will run with the land. Staff recommends the Utilization of Best Management Practices for controlling stormwater runoff which are reasonably applicable to the development of the site (1988 MDC).The city made commitments to residents of Virginia Beach in the Flood Referendum of 2021 that they would not approve plans that added to the demand of our stormwater drainage system.This plan would directly impact the volume of water flowing into Fairbanks Cove. Currently Lake Conrad 2 and it's surrounding three (3)acres is the BMP for Great Neck Estates and the BMP for the Great Neck community as a whole.The destruction of an existing SWMF is in direct contradiction with city objectives. If you approve this Modification, I ask that you incude a proffer that the SWMF is excluded as buildable lots. Staff also recommends a 25' dedication for the widening Great Neck Road be retained (1966 CUP). If you note this map from 1964,five parcels, owned by the City of Virginia Beach, zoned R-10, exist as a buffer between Great Neck Road and Great Neck Manor, directly across the street from this site.The Staff Report identified these as "undeveloped lots" but the City Zoning office and real estate office confirmed that they are not buildable lots. If you approve this Modification, I ask that you include a proffer that this buffer will be enforced. (Exhibit D) Staff further recommends that land disturbance be kept to a minimum (2000 MDC).There are currently 140 adult trees and the replacement ratio per the city standards is 3:1.The Great Neck communities will not benefit by these trees being replaced outside of this area. Reforestation should be required in the same area of disturbance. I ask that you include a proffer that fulfills this standard if the Modifications are accepted. Lack of a government survey: The Contract Purchaser is obtaining permits based on the lake being less than one acre, using their survey(submitted with this application).Since the "less than one acre of impacts" is a critically important criteria in this plan to fill in Lake Conrad 2, the city should have an independent survey done to measure the lake perimeter.The existing dam was constructed utilizing the last recorded city survey done in 1899.At a minimum,you should defer a decision on this Modification until a government issued survey is done on the land. In Summary: Staff recommended approval of this application on the grounds that it, on it's face,will not have negative affects on the surrounding community. However, it is currently under contract for purchase by a developer who will remove a city SWMF. We have grave concerns about flooding downstream and on Great Neck Road. In addition,the housing development will remove an asset that has been used continuously by the public for seven decades. Finally,the precedent was established in 1991 when the city prohibited the development of parcels on Pleasure House Lake and bought the land that is currently part of the Flood Protection Program improvements. Developing a new subdivision abutting Great Neck Road, destroying a SWMF, eliminating a natural area that connects two streets in Great Neck Estates, and removing a public asset that has been enhanced by city, state, and federal funding just to serve the interests of a developer is not in our best interests. You should oppose the Modification of Use if it is attached to any plan that undermines the policies and goals set forth in the Comprehensive Plan, as this one does. I appreciate your time in understanding the full implications of your recommendations to City Council this week. Thank you respectfully, Windy Crutchfield, Great Neck Lakes home owner (757) 646-8056 Exhibit A EX h i b l t B , OAMI s DAM rr L s XsrY Exhibit C �•• ,-�.1 Exhibit D rk 1rW.f.._ From: Michelle Conti To: Cry Council;Holly Cuellar: Naomi Estaris: Michael Clemons: Michael Anderson; Kathryn Byler;George Alcaraz; Bryan Plumlee;John H.Coston:dhHorselev&vb og v.com: Marchelle L.Coleman Subject: Wycliffe Proposal Agenda item#6 Date: Monday,August 7,2023 11:53:06 AM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. As a 25 year member of the original Wycliffe congregation,the philosophy of the Presbyterian church doctrine compels me to speak up. We are called on to be active regarding social and moral issues including environmental concerns. As a Virginia Beach resident you only have to look around to realize the biggest threat we face is the one our sister city Norfolk is drowning in,water. It is constantly in the news and our leaders promote ways of dealing with flooding and standing water. Our city actively promotes retention ponds as a formidable tool to combat stormwater runoff. As a city we have spent countless dollars to stay above water. Building infrastructures that include drainage are a large part of our public works budget. Having a natural watershed is a priceless blessing. Our watershed was even dredged to maintain its integrity. The idea that we would fill in a longstanding natural watershed easement in order to build 12 more houses defies logic. In addition to filling in a lake,the removal of 140 mature trees will only exasperate the issue even further. The cost and effectiveness of pumping solutions increases the drainage and financial liability problems for our city. This decision should not be driven by the monetary income it creates for the businesses engaged in the transaction. The church has received over 60 years of tax relief and now is requesting a modification of use and boundary change to profit at the detriment of the neighbors and wildlife that call this area home and have for decades. The lake was here first and should be the priority in any encroaching development. The developer who has published plans to fill the watershed has a track record of over promising and under delivering on their prior projects and is viewed as a negative impact on completed projects in Virginia Beach. While the project may look possible on the paper plans,just because it could be built doesn't mean it should be built. There appear to be errors in the JPA including use of an outdoor sanctuary,age of the building and bridge being greater than 50 years, and the submitted size of the impacted area. These items should be more closely examined for accuracy as it pertains to environmental regulations. I would suggest the city of Virginia Beach's large public works budget include regular maintenance of this watershed. The church could donate or sell the wetland portion of the property to its financial benefit and realize a goal while relieving itself of any ongoing burdens it may bear. It would set an example of responsible ownership and goodwill to its neighbors. After all, isn't that what it's all about? In closing,the city of Virginia Beach and Wycliffe Presbyterian church should practice what they preach. We cannot say one thing while doing another. We are all connected in the outcome of this application, let us make the common sense decision. Michelle Conti From: Emily McCrea To: City Council:Holly Cuellar; Naomi Estaris; Michael Clemons;Michael Anderson;Kathryn Bvler:George Alcaraz; Bryan Plumlee:John H.Coston;dhHorseley(@vbgov.com;Marchelle L.Coleman Subject: Regarding Lake Conrad Date: Monday,August 7,2023 3:26:12 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Hi! I hope this email finds you well. I am reaching out as a citizen of Virginia Beach to express my concern about hearing the news that there are plans to fill in Lake Conrad and that this may be made possible if the permit stating what the land can be used for is changed to residential. I am in my twenties,having grown up in VB most of my life, and I can see myself living here for many more years. Already I have seen a lot of changes in Virginia Beach and I support the development of our society,which I know includes homes. However, filling in a lake to create room for more housing is far from ideal and should be avoided at all costs. This lake serves as a valuable reservoir and drainage area,and provides a home to countless wildlife, including turtles, frogs, herons,ducks, foxes,raccoons,migratory birds,butterflies, and bats.An important part of keeping Virginia Beach a healthy and thriving place is caring for what's left of our natural landscape. Please don't sacrifice this lake for the sake of developers making more money to line their pockets. Thank you for your consideration. Have a wonderful day. Kind regards, Emily McCrea From: Lona Thibodeau To: Marchelle L.Coleman Subject: Anti-filling in wetlands Date: Monday,August 7,2023 4:25:01 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello,Why is the city allowing anything to be built on our wetlands.Filling in out wetlands =flooding.It's not rocket science.It's much cheaper to lose tax revenue from any new properties built on wetlands than deal with a major flooding issues.We don't want to become the next Houston with hurricane Harvey.But we will if you don't stop this CRAP! Thank you,Lona Thibodeau From: Tracy Ester) To: Marchelle L.Coleman Subject: Wycliff Church Pending property sale Date: Monday,August 7,2023 6:37:16 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Please do not let this property and lake be filled in for development.We need that area for our areas flooding and need the open space in Great Neck corridor. Sent from my iPhone From: Lynn Mumford To: CCU Council; Bryan Plumlee; Holly Cuellar;Naomi Estaris; Michael Clemons;John H.Coston; dhHorselevrd)vbgov.com; Marchelle L.Coleman; Michael Anderson: Kathryn Bvler;George Alcaraz Subject: Save our neighbor hood.Great Neck Estates! Date: Monday,August 7,2023 6:40:16 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. To the City planning Commission and City Council I write this email, to you all understand what negative effect it will have on our neighborhood on the decision for the builder to purchase land from Wycliffe Presbyterian Church to build 12 luxury homes on wet land! Why? My husband and I moved into the Great Neck Estates in October 2014. We absolutely love our home and the neighborhood. We had looked at new homes being built further south, Ashley Park developments... Boy are we glad we didn't buy there! Flooding issues by the same builder who is considering trying to build again on 'WET LAND!" Why? Who had to help pay that issue??? Us taxpayers.... The Wycliffe Presbyterian Church no longer needs to sell the land... They received a hefty endowment! There are plenty of existing homes to buy, sell, or remodel......TheGreat Neck neighborhood, (or any neighborhood), does NOT NEED new development of homes. I ask you ALL to please hear our plea, Vote NO to this concept of filling in a lake of wetlands, just for a builder to make money. Prevent a future headache and :"oops" in the future. Thank you for your time and understanding, I run a non-profit organization from my home, it's a ministry of healing, and we, along with our neighbors, pray that you hear us... DO NOT approve of this selling of land in Great Neck Estates. LM 2417 Pineland Lane Virginia Beach, VA From: Kerstin Roland-Maintal Translations To: CCM Council:Holly Cuellar;Naomi Estaris:Michael Clemons:Michael Anderson:Kathryn Byler:George Alcaraz; Bryan Plgmlee;John H.Coston;dhHorseleveybuov.com•Marchelle L.Coleman Cc: kerstin(d)maintaltranslations.com Subject: Decision on filling in Lake Conrad-Aug.9 Planning Commission Hearing Date: Monday,August 7,2023 7:14:05 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Planning Commission, I wanted to express my opposition to the potential decision to fill in Lake Conrad off Great Neck Road, which is part of Great Neck Lakes, in connection with the sale by Wycliffe Church and allow the area to be developed. The City has been doing a great job in upgrading systems and trying to mitigate flooding problems in our City in response to the Dewberry Report and through funding from the Flood Protection Program, and I believe that if this lake is filled in, it will cause great harm to the downstream residents, the Great Neck community, and Virginia Beach. Additionally, Lake Conrad contains abundant wildlife, more than 140 mature trees, 3 acres of rolling hills and a 1-acre lake that is designated as part of Virginia Beach's stormwater retention and drainage system. Approving this project would not only set a dangerous precedent, but also create more stormwater problems for the City of Virginia Beach. Our city has made extensive investments in this property for more than seven decades, and any plan to fill in this storm water management facility would turn our tax payer investments over to a private land owner. In its 2021 Flood Referendum, the city committed to the residents that it would not approve any plans that added to the demand of our stormwater drainage system. Destroying an existing SWMF would be in direct contradiction with city objectives. Thank you for your consideration. Kind regards, Kerstin Roland, CT (757) 463-5543 (757) 236-3576 (Mobile) From: Wayne Steitz To: Marchelle L.Coleman Subject: Building in wetlands Date: Monday,August 7,2023 7:50:38 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Stop the insanity!Residents will hold you responsible for your actions if collusion with developers is discovered! You will be charged. Sent from my iPhone From: freitodd(d)aol.com To: City Council;Holly Cuellar; Naomi Estaris; Michael Clemons: Michael Anderson;Kathryn Byler;George Alcaraz; Bryan Plumlee;John H.COgM dhHorseley(d)ybgoy.com; Marchelle L.Coleman Cc: Windy Crutchfield;Todd Freischlao Subject: Lake Conrad#3 Date: Monday,August 7,2023 10:59:26 PM iCAUTION:This email originated from outside of the City of Virginia Beach Do not click links or open attachments 1 unless you recognize the sender and know the content is safe. J I am writing to share my experience of living in our neighborhood since 1998 and the current consideration of reducing the capacity of the city's stormwater management facilities regarding a proposal to rezone an area designated for Church use and allow a developer to build in the area. As I assume you are aware the Lake Conrad system of lakes were developed during WWII using POW labor to build dams for the farmers in the Hog Neck area of what is now known as Great Neck. The dams built held naturally flowing streams to create ponds / lakes to allow for watering of livestock. We still have barbed wire between some of the trees in our yard. The ponds / lakes were not built or designed to be part of a stormwater management facility. When we purchased our home in 1998 from the original owners they shared many photographs and the history of the area, one of them was an amateur historian for the city. As we walked the property they pointed out sinking areas around the dam on the property. The dam has continued to erode and the emergency spillway has continued to crack and fall into the larger lake. When we moved in Lake Conrad 1 was consistently 6 feet deep across the entire area 7 August 2023 Planning commission statement: Neil E Rondorf. 2420 Pineland Lane. Captain, USN, (RET). Citizen of VB scene 1999. 1 have several comments to make with respect to the environmental considerations of the Wycliffe Development which is background for this discus- sion. I do have some qualifications to speak on this subject. For two years I was president of the Great Neck Lake Asso- ciation which represents 100 home owners of the shore of the lake and the waters adjacent to the Wycliffe property. During my tenure we began a sampling program in coopera- tion with the Lynnhaven Now and created an opportunity to clean the lake by Hydro- racking the coves and areas near shore. I studied oceanography at the Naval Academy and spent 27 years as a Nuclear Submariner with a constant fo- cus on environmental discharges. After retirement I was chairman of the International Cable Protection Committee which represented 97 % of the submarine telecom and pow- er cable mileage around the world and dealt with mainte- nance, installation and environmental rulings world wide. In addition, I was founding member of the International Elec- trotechnical Commission - Committee 114 which deals with the rules for developing all off shore renewable energy tech- nology and environmental elements of this industry. I was also a founding member of the Virginia Coastal Energy Re- search Consortium which began economic and environmen- tal work for off shore wind energy in Virginia. 1 . Since the water sampling program began almost 6 years ago, the Great Neck Lake has improved in stability and test result to the point that Lynnhaven Now reduced the sampling from 6 points to 3. This is due to the positive re- ■ - . _;.. x .� - -- - - - -- .,. m.,. ■ sponse of the citizens and them paying attention to runoff and waste. 2. Over the years the lake has had algae blooms to the point that the algae growth clogged the spillway to the Lynnhaven and during a major storm threatened flooding of the homes on the shore. The Hydro-raking cost the home owners thousands of dollars but removed tons of debris and silt which fostered the growth. In addition we have a treatment program done in the early spring to con- trol the algae to a great extent. None of this is financed by the city. 3. The development concept being discussed includes a concept to fill in wetland areas to provide additional area for development. The Lake Association cannot more strongly oppose such an action. These wetland areas provide a buffer for for filtration and sedimentation settling that protects the health of the lake. We realize there is a concept to "equitable acreage" to be maintained in Vir- ginia Beach. Providing an equivalent wetland in Pungo does nothing to protect Great Neck Lake. The precedent of allowing wetland fill to provide acreage for development is a serious threat to the overall wetland ecosystem of the coastal area encompassed by Virginia Beach. Thank you for your consideration V Neil Rondorf 2420 Pineland Lane, Virginia Beach, VA 23454 ■ From: Jennifer Snyder To: City Council: Planning Administration Subject: Please Deny the Wycliffe Church Modification of Use Application Date: Tuesday,August 8,2023 9:19:08 AM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Members of the Virginia Beach City Council and Planning Commission, I am writing to voice my opposition to the application requesting a modification of conditions to fill in parts of Lake Conrad to create parcels by Wycliffe Church. My name is Jenny Snyder and I am homeowner along Shore Drive who frequents the Great Neck Corridor. The lake provides a natural solution for storm water collection,a growing concern in the area. By filling the lake in,you are decreasing the capacity of the overall lake to manage the natural flow of water,forcing the water to go elsewhere. The City just spent$11 million to restore stormwater issues. In this case,you have the opportunity to prevent similar issues from occurring. We all know that an ounce of prevention is worth a pound of cure.Let's show the citizens that we have learned from previous mistakes and are holding our developers to higher standards for our beautiful city. I understand the church has a right to sell their land however I ask that you help secure a more appropriate plan for the area through a reduction in the number of structures in such a manner that retains the lake. I will be paying close attention to how you all vote, as I did for the Westminster Canterbury tower and the zoning change request Marlin Bay Apartments in Ocean Park. I am an active voter in our local elections and meaningful,environmentally-focused decisions,particularly related to our waterways, are a top priority for me. Thank you. Jennifer Snyder,MPH,CHES Jennifer Snyder,MPH From: Jeannine Price To: City Council: Holy Cuellar:Naomi Estad ;Michael Clemons:Michael Anderson:Kathryn Bvler:George Alcaraz: Erman Plumlee:John H.Coston:DHHORSELEY(&VBGOV.COM;Marchelle L.Coleman Subject: Wycliffe Church&Bishard Homes Development Project Date: Tuesday,August 8,2023 9:55:23 AM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Have any of you been to this property to see what is going to be destroyed? This is a wetland habitat! It is a beautiful area that I have enjoyed for over 39 years. I grew up on Cedar Bark Road where my parents still reside. The thought of all the animal life that will be destroyed to add new homes over top of this lake is unfathomable. Turtles, birds, otters,snakes, raccoons,opossums, squirrels, etc. will no longer have their homes or ecosystems. How is this even legal? Please do not allow this to happen to our beautiful community. The problems that this will cause should give pause for thought. Flooding will be huge, homes settling that are built over top of the lakes will be detrimental to the building structures, and all the wildlife that will be destroyed. Thank you for your time and please do not allow this to go forth. It will be a huge mistake! Please consider stopping by Red Bridge to admire the beauty they want to destroy. It would only take 5 minutes to see what we all have fallen in love with at this beautiful, legendary area! Jeannine Bourgeois Office Manager Bayshore Roofing Inc. 3322 Virginia Beach Blvd#103 VA Beach VA 23452 757-486-5096 757-486-0087 fax jeannine@bayshoreroofing.hrcoxmail.com From: KATHI FEN TESKF To: Marchelle L.Coleman Subject: Lake Conrad 2 Date: Tuesday,August 8,2023 10:21:52 AM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. We are very concerned that the City of Virginia Beach is putting developers' profits over the needs of the citizens and taxpayers of the city. As you know, the beautiful green space of Lake Conrad 2 is potentially slated to be destroyed and replaced with homes on the infill. This area is part of Great Neck Lakes and part of the city's own Storm Water Management Facilities. Simultaneously, the city is frantically expanding water retention areas in other parts of the city. Evidently, city management is very aware of the problem of street/property flooding. All citizens, including people working in city management, use these roads that are flooding in ordinary rain events, to say nothing of what will happen in the next hurricane. Yet new lawn, concrete, and asphalt are allowed to proliferate. These surfaces absorb little to nothing, and the rain collects in the streets. (Derelict currently- developed property could be creatively redeveloped and green spaces left green.) Please consider the seriousness of this situation and the need to put common sense above profit. Preserving the beautiful asset of Lake Conrad 2 is not only desirable, it is a necessity. Kenneth and Kathleen Teske From: freitodd(alaol.com To: City Council:Holly Cuellar;Naomi Estaris;Michael Clemons:Michael Anderson:George Alcaraz:man Plumlee; John H.C JM-dhHorseley(cbybaoy.com•Marchelle L.Coleman:Kathryn Byler Cc: Windy Crutchfield Subject: Re:Lake Conrad#3 Please Read Date: Tuesday,August 8,2023 11:15:41 AM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. I am writing to share my experience of living in our neighborhood since 1998 and the current consideration of reducing the capacity of the city's storm water management facilities regarding a proposal to rezone an area designated for Church use and allow a developer to build in the area. Backaround As I assume you are aware the Lake Conrad system of lakes were developed during WWII using POW labor to build dams for the farmers in the Hog Neck area of what is now known as Great Neck. The dams built held naturally flowing streams to create ponds / lakes to allow for watering of livestock. We still have barbed wire between some of the trees in our yard. The ponds / lakes were not built or designed to be part of a storm water management facility. When we purchased our home in 1998 from the original owners they shared many photographs and the history of the area, one of the owners was an amateur historian for the city. As we walked the property they pointed out sinking areas around the dam on the property. The dam has continued to erode and the emergency spillway has continued to crack and fall into the larger lake. When we moved in Lake Conrad 1 was consistently 6 feet deep across the entire area; now however it is frequently ankle deep except for the center where it appears to be 4 feet in depth. While the discharge into the lake has increased, the capacity to hold that water has decreased. My understanding after reviewing the city code and policies regarding storm water management is that the facility should be designed to handle a 100 year storm. The diagram the city provided to the property owners shows what should be in place to handle the water, the intake as depicted that would divert high water through a pipe into the larger lake has never existed. The "emergency spillway" is the only route there is for the high water. The max rate of flow over the spillway is extreme on a regular basis and a potential liability. Lastly, according the the state of Virginia dams shall be designed and constructed to hold back a 100 year storm. If water flows over the top of a dam that is essentially and emergency and dangerous situation. The water flows over the dam at least 6 times a year, I submitted an emergency call a couple years ago to have it documented. Nothing has been done and there apparently are no plans to do anything. The owners on Lake Conrad 1 each received a written warning to remove vegetation with in 10 feet of the water edge or be fined $32,500 per day. Once the state DEQ got copies of the letters they contacted the city to inform them that the city does not have jurisdiction. Current Concerns Reading the 2040 Comprehensive Plan there is welcome discussion and efforts to increase the Urban Forest. Removing acres of trees and disrupting wildlife does not support that plan. In addition to the significant and increasing sedimentation with the current 3 lakes, removing a critical link in the systems will only add to concentrating sedimentation into Bradford Cove, reduce the ability of the facilities to remove phosphorus, and add pressure on an already maxed out system. Over the past 10 years the amount of algae and aquatic weeds has increased exponentially. If not for the efforts of the property owners all of Lake Conrad 1 would be covered in several feet of weeds. We remove by hand 10s of tons for proper disposal. The same growths are occurring in the coves of the larger lake and will increase if Lake Conrad 3 is filled in. Many of the residents are elderly, I am a 30 disabled veteran on a fixed income and I will not be able to continue the work as it gets worse. Final Thoughts If you have read this in its entirety I thank you. If have refrained from any negative comments of any individuals involved and speak only for myself based on living here for decades. The capacity of the Lake Conrad system has decreased and allowing for additional construction WILL make it worse. The water quality of the Lake Conrad system is degraded and allowing for additional construction WILL make it worse. There are significant regulatory and policy issues that have been ignored at many levels that may place the city at risk if they are not addressed or if made to be worse. I respectfully ask that you do not approve a rezoning request and do not allow the lake to be filled in now or ever. From: Sylvia To: Planning Administration Subject: Aug 9,2023-Wycliffe Presbyterian Church request to reduce the boundary of the church Date: Tuesday,August 8,2023 10:56:51 AM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachment unless you recognize the sender and know the content is safe. Hello, We live in Great Neck Estates and do not agree with a developer filling in Lake Conrad in order to build 12 houses. We are concerned that flooding will become a problem for Great Neck Road and our neighborhood. Todd and Sylvia Betz From: Planning Administration To: Marchelle L.Coleman Subject: FW:Wycliffe church property Date: Tuesday,August 8,2023 2:11:18 PM -----Original Message----- From:R White<daddo6816@gmail.com> Sent:Tuesday,August 8,2023 1:41 PM To:Planning Administration<P1anAdmn@vbgov.com> Subject:Re:Wycliffe church property CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Please don't approve this project As a lifelong resident of this area, I want to see this property stay as it is Actually,my original email did not originate outside of the city as I have lived here my whole life and grew up across the street in Great Neck Manor.Please don't destroy this in the name of progress R White Sent from my iPhone From: Judith Johnson To: Marchelle L.Coleman Subject: Proposal to change Wycliffe property designation... Date: Tuesday,August 8,2023 2:18:21 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Please share my following concerns at the August 9th meeting. Good afternoon, I'm vehemently opposed to the City of VB changing the designation to part of Wycliffe Church's property in Great Neck Estates from religious/church use to residential use. All so that they can sell land to a developer,who plans on filling in part of Lake Conrad(that is a wetlands lake)to build 12 houses!! This makes absolutely no sense to anyone who cares about all the potential problems such as water flooding and/or future drainage issues. Who in their right mind builds on a filled in lake. Or wants to buy a house on such property? To say nothing of the ecological impact. There are plenty of aquatic animals,trees,and flora that will be displaced at best or totally destroyed at worst! Please vote down this proposal! Show that the city of VB cares more about its residents and the impact on nature, than it does about the city's desire to collect tax dollars and the developers's desire for the almighty dollar!!! Sincerely, Judy Johnson VB Resident-6+decades Sent from my iPhone From: Jamie Curran To: Marchelle L.Coleman:dhHorsely(o)vboov.com:John H.Coston;bPlumber(alybgov.com:George Alcaraz: Michael Anderson Michael Clemons:Naomi Estaris:Holly Cuellar;Christopher Taylor:City Council Subject: Wycliffe Development Date: Tuesday,August 8,2023 3:06:14 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. To Whom It May Concern, Good afternoon. I am writing you to voice my opposition to the Wycliffe Development proposition. My wife and I have lived in Great Neck Estates for 30 years and raised two children here, who are now 26 and 29 years old. The idea of filling in a lake and wetlands to satiate the greed of a developer is astounding.The lake at Red Bridge handles to rainwater and storm runoff for Great Neck Estates, Great Neck Manor, and the Reserve as well as the commercial entities on both sides of Great Neck Road,from Mill Dam Road to Shorehaven Road(Cox High School). From a taxpayer point of view, we need not look any further than Asheville Park on Princess Anne Road to see what the cost of fixing irresponsible development is....$11 million dollars to the taxpayer and how much for developer(that's a rhetorical question.) Please exercise responsible judgement and not allow this destruction of a natural wetlands stormwater prevention system that has been in place for longer than most of us have been alive. To allow this development to go through would be a crime against nature for the sake of a dollar. We are praying that you see the development plan for what it is. Do Not Destroy Wetlands For Development Sake.......please help us maintain the quality of life in Virginia Beach. Respectfully, James M Curran 757-580-9052 From: Dan Edsall To: Marchelle L.Coleman Subject: Wycliffe Application Date: Tuesday,August 8,2023 4:22:57 PM CAUTION: This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Planning Commission, I am writing in regard to the Wycliffe modification of use application. I am a homeowner in the Great Neck Estates community. Please do not change the conditional use permit on the property to convert it back to residential housing. This application is tied to a proposal by a developer. The developer plans to fill in wetlands and build homes on top of it. There is a lot of wildlife in this space. It helps with storm water run-off. This space must be preserved. It could be turned into a beautiful park. Thank you respectfully, Daniel Edsall,Great Neck Estates home owner (757)846-0640 g T { z � � I I r 3 . I I Sent from my Whone From: Linda orr To: Marchelle L.Coleman Subject: Lake Conrad Date: Monday,August 14,2023 9:28:11 PM CAUTION:This email originated from outside of the City of Virginia Beach.Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Mr.MColeman,Please do not allow the property of Lake Conrad to be filled in,we already have enough flooding in our area and this will just add to that problem.Thank you Linda Orr Sent from my Wad K. APPOINTMENTS BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS BOARD OF ZONING APPEALS CHESAPEAKE BAY AREA PRESERVATION BOARD CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD DEFERRED COMPENSATION BOARD GREEN RIBBON COMMITTEE HAMPTON ROADS TRANSPORTATION PLANNING ORGANIZATION HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION IN-HOUSE PHARMACY EXPLORATORY COMMITTEE MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OLD BEACH DESIGN REVIEW BOARD OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION SENIOR SERVICES OF SOUTHEASTERN VA BOARD URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION VIRGINIA BEACH VA250 COMMITTEE WETLANDS BOARD M. NEW BUSINESS N. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 3854303 The Agenda(including all backup documents)is available at https:Hclerk.virginiabeach. og v/city- council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting, please submit your request to TCheliusavbgov.com or call 385-4303. Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually,must follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/weblink/register/re96ab223 I f48fc63dfc28745b63da9c9 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on November 21, 2023. CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B S E - S DATE:11/14/2023 PAGE: 1 R H C L H V R A H T W W U E A E M R U A 1 O C D N C M M O L Y L O C Y L A I O U M L S T AGENDA H E E N C N S A O O E ITEM# SUBJECT MOTION \t)I l I R Y T K D E N R N N I CITY COUNCIL'S BRIEFINGS HAMPTON ROADS SOCCER COMPLEX& Lauren Bland, NORTH AMERICAN SAND SOCCER Executive Director— CHAMPIONSHIPS Hampton Roads Soccer (Requested by Mayor Dyer, Vice-Mayor Complex Wilson,and Councilmembers Berlucchi,Ross- Jon Schmeider, Hammond,and Schulman) Founder&CEO— li. TOURISM ECONOMIC FINDINGS Huddle Up Group Adam Sacks,President —Tourism Economics VBCPS REVERSION FUNDING Crystal Pate,Chief' Financial Officer— VBCPS I) VIRGINIA BEACH SPORTS CENTER UPDATE Nancy Heiman, Director—Convention &Visitors Bureau II-VI CERTIFICATION OF CLOSED CERTIFIED I o-o Y Y Y Y 1' Y Y Y Y Y A-F SESSION G. MINUTES APPROVED 10_0 Y Y 1 l 1' l Y 1 Y 1' I• INFORMAL AND FORMAL SESSIONS October 17,2023 2• SPECIAL FORMAL SESSION October 24,2023 11 MAYOR'S PRESENTATION 1• RESOLUTION HAMPTON ROADS SOCCER COUNCIL Lauren Bland,Executive Director—Hampton Roads Soccer Complex PUBLIC HEARINGS VACATION OF EASEMENT 7 SPEAKERS 20'public access easement at 2454 Starfish Road _ LICENSE TO USE CITY PROPERTY NO SPEAKERS Starbucks Corporation at 31 Ocean,241 Laskin Road LEASE OF CITY PROPERTY NO SPEAKERS Approximately 9.7+/-acres of land located at 1401 Southern Boulevard 4 APPROPRIATION OF REVENUE 2 SPEAKERS $20,095,296 from the Sale of Property to Dominion Energy Virginia for various Transportation Projects and Tree Mitigation FY2022-23 VIRGINIA BEACH CITY NO SPEAKERS PUBLIC SCHOOLS OPERATING BUDGET AND CAPITAL IMPROVEMENT PROGRAM(CIP) Appropriation of Reversion Funding and Additional Revenue from the Commonwealth of Virginia(Requested by the School Board) CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B S E S DATE:11/14/2023 PAGE: 2 R H C L H V R A H T W W U E A E M R U A 1 0 C D N C M M O L Y L 0 C Y L A I 0 U M L S T AGENDA H E E N C N S A 0 0 E ITEM# SUBJECT MOTION VOTE I R Y T K D E N R N N PUBLIC COMMENT Ordinance to APPROPRIATE fund balance 2 SPEAKERS of the Tourism Investment Program(TIP)fund and to AUTHORIZE the City Manager to EXECUTE the settlement, transition, and termination agreement for the Virginia Beach Sport Center 1 1, Resolution to ADOPT the City's 2024 ADOPTED,BY I n-i 1" Y Y 1" Y Y Y Y Legislative Agenda (Requested by the City CONSENT Council) *Council Member Henley voted Nay for the Ten-Single Member Election System I Resolution to REQUEST the General ADOPTED,BY 9-1 Y Y N l 1" Y Y Y Y Y Assembly Amend the City Charter Sections CONSENT 3.01, 3.01:1, 3.02:1, 3.02:2, and 3.02:3 re implement ten(10)single-member District Election System (Requested by Mayor Dyer, Vice-Mayor Wilson, and Council Members Berlucchi, Remick, Ross-Hammond, Rouse, Schulman,Taylor,and Wooten) I Resolution to REQUEST the General ADOPTED,13) 10-H l 1 l 1" l' 1" Y Y Y Y Assembly Amend the City Charter Section 8.07 CONSENT re expand the Membership of the Board of Equalization (Requested by the Board of Equalization) I a Resolution to ESTABLISH a 90-day Festival DEFERRED TO 9-0 Task Force (Requested by Vice-Mayor DECEMBER 5,2023 Wilson, and Council Members Berlucchi, Remick,Ross-Hammond,and Schulman) 15- Ordinance to AUTHORIZE acquisition of ADOPTED,BY I0-0 Y Y Y l 1' l' Y Y Y Y property in fee simple,either by agreement or CONSENT condemnation re the Lakes—South London Bridge Creek Channels and Gate Project, CIP 100521 1 6 Ordinance to AUTHORIZE the acquisition of ADOPTED,BY I1 1' 1' 1' 1 1" Y Y Y 1' easements, either by agreement or CONSENT condemnation re the Kemps Lake Water Quality Improvement Project,CIP 100567 1 .7, Ordinance to AUTHORIZE the Dedication of ADOPTED,BY 9_0 Y Y Y 1' 1 1 Y Y A Y an 8,798 square feet (0.202 acre) Utility CONSENT B Easement to Dominion Energy Virginia over T City-Owned property at Upton Drive/Nimmo A Parkway re provide electrical service to the I facility owned and operated by Hospice N House E D I ti Resolution to APPROVE the issuance of ADOPTED,BY 10_i 1 l 1" l 1 1' Y Y Y Y Residential Care Facility Revenue Bonds by the CONSENT Virginia Beach Development Authority (VBDA), not to exceed $525-Million, re Westminster-Canterbury on Chesapeake Bay CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B S E S DATE:11/14/2023 PAGE: 3 R H C L H V R A H T W W U E A E M R U A I O C D N C M M O L Y L O C Y L A 1 O U M L S T AGENDA H E E N C N S A O O E ITEM# SUBJECT MOTION VOTE I R Y T K D E N R N N L.9. Ordinance to AUTHORIZE the City Manager ADOPTED,BY I 0-0 Y Y Y Y }' } Y } Y Y to EXECUTE an Agreement to join the Eastern CONSENT Virginia Regional Industrial Facility Authority (EVRIFA) re promote the City's economic growth and development L.10. Ordinance to AUTHORIZE temporary ADOPTED,BY 10-0 Y Y }" } Y Y Y Y Y Y encroachments into a portion of a 15-foot CONSENT unimproved City-Owned property right-of-way known as Ocean Shore Avenue reconstruct and maintain a gravel driveway, and a concrete City-standard driveway apron and to encroach into a portion of City-Owned public right-of-way known as First Landing Lane, located at the front of 2592 Ocean Shore Avenue-District 8 1 11 Ordinance to ESTABLISH Capital Project ADOPTED '- } 1" Y Y Y A Y l } #100667, "Rudee Loop Park Development," and TRANSFER$4-Million from the Tourism Investment Program(TIP)Fund to as Pay-As- You-Go funding re procurement of design services L.12. Ordinance to DONATE out-of-service police ADOPTED,BY I0-u l }" l Y Y Y }" Y Y Y equipment to the police departments of Libby, CONSENT Montana;South Miami,Florida;Wrightsville Beach, North Carolina; New Bern, North Carolina and Madison,Alabama 1..13. Ordinance to TRANSFER$1.1-Million from ADOPTED,BY I u-n Y Y Y Y } }' Y } Y Y the Consolidated Grant Fund to Capital Project CONSENT #100589,"Central Utility Plant Enhancements- ARPA" re allow the city to proceed to construction on the project L.14. Ordinance to TRANSFER$185,425 from the ADOPTED,BY 1 u-0 } Y }" Y }' Y General Fund Reserves for Contingencies to the CONSENT FY 2023-24 Voter Registration and Elections Operating Budget re fund the January 9,2024, special election L.15. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 Y } Y Y } } }" } Y Y $25,144,014 in Federal Revenue to the FY CONSENT 2023-24 Capital Improvement Program amongst Four(4)Eastern Shore Drive Drainage Improvement Capital Projects and TRANSFER $6,195,518 between four (4) Eastern Shore Drive Drainage Projects L.16. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-u Y }` } Y } } } } } } $362,408 from the State Compensation Board CONSENT to the FY 2023-24 Commonwealth's Attorney Operating Budget re salary increase for eligible positions L.17, Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 1 n-ti } }" } } } } l } } } $350,0000 from the Virginia Department of CONSENT Behavioral Health and Development Services to the FY 2023-24 Department of Human Services Operating Budget and AUTHORIZE two(2) full-time positions re Project for Assistance in Transitioning from Homeless (PATH) Program CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B S E S DATE:11/14/2023 PAOI: 1 R H C L H V R A H T W W U E A E M R U A I O C D N C M M O L Y L O C Y L A 1 O U M L S T AGENDA H E E N < N S A O O E ITEM# SUBJECT MOTION W t I I R Y T h D F. N R N N L.18. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y $257,500 from the 9-1-1 Services Board of the CONSENT Virginia Department of Emergency Management to the FY 2023-24 Department of Emergency Communications and Citizen Services Operating Budget re staff recognition and retention efforts L.19. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y an additional $162,547 from the Virginia CONSENT Military Community Infrastructure Grant Program and Fund to the FY 2023-24 Police Department Operating Budget and TRANSFER as Pay-As-You-Go funding for Capital Improvement Program Project#100536, "Creeds Training Center Renovations" L.20. Ordinance to APPROPRIATE $150,000 in ADOPTED,BY I i i-i Y Y Y l Y Y Y Y Y Y Fund Balance from the Police Federal and State CONSENT Seized Assets Special Revenue Fund to the FY 2023-24 Police Operating Budget re police recruitment M.1. WHITNEY W. ELLIOT, MATTHEW E. APPROVED,BY a-ii Y Y Y 1 Y Y Y Y Y Y MANCOLL & ROBIN A. MANCOLL / CONSENT WHITNEY W. ELLIOT, MATTHEW E. MANCOLL,ROBIN A.MANCOLL,THE LINDA EATON GOLDING AMENDED AND RESTATED REVOCABLE TRUST u/a/d APRIL 22,1992,for a Street Closure re of one-half of an unimproved,unnamed alley adjacent to the rear of 218 55 6 Street,Unit B DISTRICT 6 M.2. WHITNEY W. ELLIOT, MATTHEW E. APPROVED,BY 10-0 Y Y Y Y Y Y Y MANCOLL & ROBIN A. MANCOLL / CONSENT WHITNEY W. ELLIOT, MATTHEW E. MANCOLL,ROBIN A.MANCOLL,THE LINDA EATON GOLDING AMENDED AND RESTATED REVOCABLE TRUST u/a/d APRIL 22,1992,for a Street Closure re of one-half of an unimproved,unnamed alley adjacent to the rear of 219 541 Street DISTRICT 6 M.3. EVERGREEN VIRGINIA, LLC for a APPROVED/ 10-0 Y Y Y Y Y Y Y l l Y Modification of Conditions re motor vehicles MODIFIED/ sales,rentals,and repairs at 240&248 North CONDITIONED,BY Lynnhaven Road and 2865 &2893 Virginia CONSENT Beach Boulevard DISTRICT 3 M.4. BURNETTE BAUM DEVELOPMENT APPROVED/AS 10-0 Y Y Y Y Y Y Y 1" Y Y CORPORATION / RVB 3, LLC for a PROFFERED/ Modifications of Proffer and a Conditional Use CONDITIONED,BY Permit re car wash facility and at 5453 CONSENT Wesleyan Drive DISTRICT 4 M.5. EXCEL FITNESS VA 9, LLC DBA APPROVED/ 10-0 Y Y Y Y Y Y Y PLANET FITNESS/GENERAL BOOTH CONDITIONED,BY PROPERTIES OF VA BEACH,INC for a CONSENT Conditional Use Permit re indoor recreational facility at 2336 Elson Green Avenue DISTRICT 5 CITY OF VIRGINIA BEACH It SUMMARY OF COUNCIL ACTIONS ti B E S DATE:11/14/2023 PAGE: 5 R H C L 11 V R A H T W U 1: A E M R U A 1 O C D N C M M O L Y L O C Y L A 1 O U M L S T AGENDA II L E N C N S A O O E ITEM# SUBJECT MOTION VO 1 1 I R Y T K D E N R N N M.6. ASHLEY CULLER for a Conditional Use APPROVED/ x-I Permit re short term rental at 921 Pacific CONDITIONED Avenue,Unit B DISTRICT 5 \1.'. IHE FOUNTAIN,LLC for a Conditional Use APPROVED/ l l l l l 1' N Permit re short term rental at 307 3411 Street CONDITIONED DISTRICT 6 M.B. TRACI R. McGLYNN & MICHAEL L. APPROVED/ `-I l 1' 1 1" A Y 1' N l 1" McGLYNN for a Conditional Use Permit re CONDITIONED short term rent at 523 22°'Street DISTRICT 6 APPOINTMENTS RESCHEDULED B 1" ( O N S E N S II S BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS BOARD OF ZONING APPEALS CHESAPEAKE BAY AREA PRESERVATION BOARD CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD DEFERRED COMPENSATION BOARD GREEN RIBBON COMMITTEE HAMPTON ROADS TRANSPORTATION PLANNING ORGANIZATION HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION IN-HOUSE PHARMACY EXPLORATORY COMMITTEE MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OLD BEACH DESIGN REVIEW BOARD OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION SENIOR SERVICES OF SOUTHEASTERN VA BOARD URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE VIRGINIA BEACH CDC VIRGINIA BEACH VA250 COMMITTEE: WETLANDS BOARD �>. UNFINISHED BUSINESS 1, NEW BUSINESS Q ADJOURNMENT 7:41 PM OPEN DIALOGUE 8:01 PM 7 SPEAKERS