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1-2-2024 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR ROBERT M. "BOBBY"DYER,At Large �r11A BE q VICE MAYOR ROSEMARY WILSON-District 5 ' MICHAEL F.BERLUCCHI-District 3 0 BARBARA M.HENLEY-District 2 \' 2 VACANT-District 1 ROBERT W. "WORTH"REMICK-District 6 ' DR.AMELIA N.ROSS-HAMMOND-District 4 e� JENNIFER ROUSE-District 10 JOASHUAF. 'JOASH"SCHULMAN-District 9 °F oo■ ■0100 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 CI7YATTORNEY-MARK D.STILES CITY COUNCIL AGENDA PHONE.(757)385-4303 CITY ASSESSOR-SUE CUNNINGHAM FAX(757)385-5669 CITY AUDITOR-LYNDONS.REMIAS January 2,2024 EMAIL:CITYCOUNCIL@VBGOV.COM CITY CLERK-""DA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL'S BRIEFING -Conference Room- 2:30 PM A. FEDERAL LEGISLATIVE UPDATE Anthony Bedell, Senior Corporate& Government Relations Director—Becker&Poliakoff Alfonso Lopez, Senior Corporate& Government Relations Consultant—Becker& Poliakoff II. CITY MANAGER'S BRIEFING A. PENDING PLANNING ITEMS 3:00 PM Kaitlen Alcock, Planning Administrator III. CITY COUNCIL LIAISON REPORTS 3:30 PM IV. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:45 PM V. CITY COUNCIL AGENDA REVIEW 4:15 PM VI. INFORMAL SESSION - Conference Room- 4:30 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION 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. MINUTES 1. INFORMAL AND FORMAL SESSIONS December 5,2023 2. INFORMAL AND FORMAL SESSIONS December 12,2023 H. MAYOR'S PRESENTATION 1. RECOGNIZING ENVISION LEAD GROW (Sponsored by Council Members Berlucchi, Schulman, Remick, Rouse and Wooten) I. PUBLIC HEARING 1. GRANT OF EASEMENT OVER CITY-OWNED PROPERTY 20 foot wide utility easement to Greensville County Water& Sewer Authority (Lake Gaston Pipeline located in the Town of Jarratt, Greensville County, Virginia) J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTION 1. Ordinance to ACCEPT and APPROPRIATE $14.9-Million in Federal Funding from the Safe Streets and Roads for All grant program to the FY2023-24 Parks and Recreation Operating Budget; APPROPRIATE $2.998-Million from the General Fund Balance to the FY2023-24 Parks and Recreation Operating Budget; AUTHORIZE a local match totaling$3.9-Million; and TRANSFER$17.898-Million from the FY2023-24 Parks and Recreation Operating Budget to Capital Project#100644, "Virginia Beach Trail" (Requested by Mayor Dyer, Vice Mayor Wilson, and Council Members Berlucchi, Remick, Ross-Hammond, Rouse, Schulman, and Wooten) 2. Ordinance to AUTHORIZE the Modification of the Memorandum of Understanding between the City and the Virginia African American Cultural Center, Inc. re extend certain construction deadlines 3. Ordinance to APPROPRIATE $687,072 from the lease of dark fiber to Capital Project #100106, "Next Generation Network" 4. Ordinance to ACCEPT and APPROPRIATE $499,753 from the Virginia Department of Criminal Justice Services to the FY2023-24 Commonwealth Attorney's Operating Budget and to AUTHORIZE two (2) grant-funded full-time positions re prosecuting certain misdemeanor offenses 5. Resolution to ADD Student Members to the Flood Prevention Bond Referendum Oversight Board L. PLANNING 1. RUFFIN 86,LLC for a Variance to Section 4.4(c) of the Subdivision Regulations re demolish three (3) dwelling units to construct one-single family dwelling at 109 A & B 861` Street & 8600 Ocean Front Avenue DISTRICT 6 (Deferred from December 12, 2023) RECOMMENDATION: APPROVAL M. APPOINTMENTS 90-DAY FESTIVAL TASK FORCE BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD DEFERRED COMPENSATION BOARD GREEN RIBBON COMMITTEE HAMPTON ROADS TRANSPORTATION PLANNING ORGANIZATION HISTORIC PRESERVATION COMMISSION IN-HOUSE PHARMACY EXPLORATORY COMMITTEE MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OLD BEACH DESIGN REVIEW BOARD OPEN SPACE ADVISORY COMMITTEE PERSONNEL BOARD PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION SENIOR SERVICES OF SOUTHEASTERN VA BOARD SHORT TERM RENTAL ENFORCEMENT TASK FORCE TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT OPEN DIALOGUE Non-Agenda Items Each Speaker will be allowed 3 minutes 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://clerk.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 TChelius(ibvb og v.com or call 3 85-4303. 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/rO834c69c44f7307ff36e l 6908bc238a3 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on January 2, 2024. I. CITY COUNCIL'S BRIEFING - Conference Room- 2:30 PM A. FEDERAL LEGISLATIVE UPDATE Anthony Bedell, Senior Corporate& Government Relations Director—Becker&Poliakoff Alfonso Lopez, Senior Corporate& Government Relations Consultant—Becker& Poliakoff II. CITY MANAGER'S BRIEFING A. PENDING PLANNING ITEMS 3:00 PM Kaitlen Alcock, Planning Administrator I II. CITY COUNCIL LIAISON REPORTS 3:30 PM IV. CITY COUNCIL DISCUSSION/ INITIATIVES/COMMENTS 3:45 PM V. CITY COUNCIL AGENDA REVIEW 4:15 PM VI. INFORMAL SESSION - Conference Room- 4:30 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. 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. MINUTES 1. INFORMAL AND FORMAL SESSIONS December 5, 2023 2. INFORMAL AND FORMAL SESSIONS December 12, 2023 H. MAYOR'S PRESENTATION 1. RECOGNIZING ENVISION LEAD GROW (Sponsored by Council Members Berlucchi, Schulman, Remick, Rouse and Wooten) I. PUBLIC HEARING 1. GRANT OF EASEMENT OVER CITY-OWNED PROPERTY 20 foot wide utility easement to Greensville County Water& Sewer Authority (Lake Gaston Pipeline located in the Town of Jarratt, Greensville County, Virginia) .7.4. 1. PUBLIC HEARING GRANT OF EASEMENT OVER CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the granting of a 20'-wide utility easement to Greenville County Water&Sewer Authority across City-owned property located in the Town of Jarrett,Greensville County, Virginia, Tuesday, January 2,2024 at 6:00 p.m.,in the Council Chambers of the City Hall Building (Building #1) Municipal Center, Virginia Beach,Virginia.The property to be subject to the easement contains the Lake Gaston Pipeline and lies adjacent to the eastern right of way line of South Allen Road(Route 610). This hearing will be t0 obtain public input to determine whether this 20'-wide utility easement should be declared "excess of the City's needs." If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 3854303; Hearing impaired,call 711(Virginia Relay -Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Office of Real Estate, 2473 N. Landing Road, Municipal Building#23,(757)385-4161. 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: hftps://vbqov.webex.com/ webli n k/reg i ster/r0834c69 c44f7307ff36e 16908bc23 8a3 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on January 2, 2024. All interested parties are invited to participate. Amanda Barnes,MMC BEACON: December 24,2023 s� CITY OF VIRGINIA BEACH F AGENDA ITEM ITEM: An Ordinance to authorize granting a 20' (3,216 sq. ft.) utility easement across a portion of the City's Lake Gaston Pipeline property located in the Town of Jarratt, Greensville County, Virginia to Greensville County Water & Sewer Authority and declaring such easement to be in excess of the City's needs PUBLIC HEARING DATE: January 2, 2024 MEETING DATE: January 16, 2024 s Background: The City of Virginia Beach owns and maintains the Lake Gaston Pipeline, which extends from Brunswick County to Isle of Wight County (the "Pipeline"). The Pipeline provides water from Lake Gaston to the City of Virginia Beach. The Pipeline runs through a City-owned right-of-way, a portion of which intersects with South Allen Road (Route 610) in the Town of Jarratt in Greensville County, Virginia (the "Property"). The section of the Property that will be affected is adjacent to the eastern side of Route 610. Greensville County Water & Sewer Authority ("GCWSA") has requested that the City grant a 20'-wide utility easement (approximately 3,216 sq. ft. /0.074 acres) across a portion of the Property to install and maintain buried pipes consisting of an 18" waterline in a 30" bored casing that will serve Greensville County. s Considerations: Granting an easement over the Property to GCWSA would not interfere with or limit the City's use of the Pipeline. No payment is being required for the conveyance of this Easement because the Greensville Authority is a political subdivision, and the City committed to cooperate in such matters at the time the Pipeline corridor was established. Although the Department of Public Utilities may consider requiring payment for future easement requests to cover staff time, consultant review, and appraisal costs, the City has not charged for previous easements. a Public Information: Advertisement of Public Hearing and public notice via the normal City Council agenda process. IF. Alternatives: Deny the easement, or add conditions as desired by Council. s Recommendations: Approval. R Attachments: Ordinance, Exhibit A, Summary of Terms and Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager: / n 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE GRANTING A 20' 4 (3,216 SQ. FT.) UTILITY EASEMENT ACROSS A 5 PORTION OF THE CITY'S LAKE GASTON PIPELINE 6 PROPERTY LOCATED IN THE TOWN OF JARRATT, 7 GREENSVILLE COUNTY,VIRGINIA TO GREENSVILLE 8 COUNTY WATER & SEWER AUTHORITY AND 9 DECLARING SUCH EASEMENT TO BE IN EXCESS OF 10 THE CITY'S NEEDS 11 12 WHEREAS, the City of Virginia Beach owns and maintains the Lake Gaston 13 Pipeline,which extends from Brunswick County to Isle of Wight County(the"Pipeline'),and 14 provides raw water from Lake Gaston to the City of Virginia Beach; 15 16 WHEREAS, a portion of the City-owned right-of-way through which the 17 Pipeline runs, intersects with South Allen Road (Route 610) in the Town of Jarratt, 18 Greensville County, Virginia (the "Property"); 19 20 WHEREAS, Greensville County Water & Sewer Authority ("GCWSA") has 21 requested that the City grant it a 20' utility easement consisting of approximately 3,216 sq. 22 ft. (0.074 acres)(the "Easement")across a portion of the Property in the location shown on 23 the plat attached hereto as Exhibit A and made a part hereof, for the purpose of installing 24 and maintaining buried pipes with an 18" waterline in a 30" bored casing that will serve 25 Greensville County; and 26 27 WHEREAS, Public Utilities has advised that granting the Easement will not 28 interfere with the City's operation of the Pipeline. 29 30 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 31 CITY OF VIRGINIA BEACH, VIRGINIA: 32 33 That the Easement is hereby declared to be in excess of the City's needs, 34 and the City Manager is hereby authorized to execute the necessary documents to grant 35 the Easement as shown on the plat attached hereto as Exhibit A and made a part hereof; 36 and 37 38 That the documents granting the Easement shall be consistent with the 39 Summary of Terms attached hereto as Exhibit B and made a part hereof, with such other 40 terms, conditions or modifications as may be acceptable to the City Manager and in a form 41 deemed satisfactory by the City Attorney. 42 43 Adopted by the Council of the City of Virginia Beach, Virginia, on the 44 day of_ . 2024. i THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL CA16240 R-1 PREPARED: 11/7l23 1lvbgov.comldfs 1lapplicabons\c"awlcycom321wpdocs\d0131p048t00925998.doc APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: P L WOR S, REAL ESTATE CITY ATTORNEY APPROVED AS TO CONTENT: PUBLIC UTIOTIM ENGINEERING z SAMUELPAMUCK 4 CARROLL I k Na 046M \ ! � "O�Po 09/07/23 �o m14 Go pC3b (p r \ \ \ 0c» - b ` L3 \ \ \ 'O p —. .� _ �p$� \ . .tLZ , F `i PROP 20' �\L1 R� `?•xM 1 �� PERMANENT \ 1 \ \ \ ctt tJ UTILITY EASEM�NT ` \ � lRO OUTNqt�tF� , ` 1 V N` TE 610) Easement Line Table Line# Bearing Length 1 L1 N28°56'05"E 160.99, \ ! y L2 N82°37'39"W 21.50' L3 N28°56'05"E 160,59' \ cZtt \ \S Rp of L4 S83°36'12"E 21.65' m L5 N82°37'39"W 38.41' TAX MAP#:12132-7-F-5 N/F THE CITY OF VIRGINIA BEACH L6 S83°36'12"E 82.30 THERE ARE 0.07 ACt(3,216SOFT)IN PROPORTION OF THE 20 FT.WIDE L7 S82°38'12"E 15.81' PROPOSED PERMANENT UTILITY EASEMENT \ EXHIBIT A SEPTEMBER 7, 2023 01 � ov 100' SCALE: 1" = 50' OWNER: LEGEND NAME: GREENSVILLE COUNTY WATER&SEWER AUTHORTY — — PROPERTY LINE CONTACT: GLEN GIBSON ADDRESS: 1781 GREENSVILLE COUNTY CIRCLE —' —"'—'— PROPOSED EASEMENT EMPORIA,VIRGINIA 23847 EXISTING EASEMENT PHONE: (434)348-4213 EXISTING OVERHEAD POWER EXISTING WATERLINE PROPERTY INFO: EXISTING FORCEMAIN TAX MAP#:1262-7-F-5 EXISTING PAVEMENT SURVEY DATUM:NAD83,VA STATE PLANE,SOUTH ZONE EXISTING BUILDING/STRUCTURE \Pmjwt,\0r«rrAo camtr\wm1*Q1\WW\2207e -Jv tt wtr COMM Eq...o.n\oMV&- sNaa g Sp 07. 2023- 10.50am EXHIBIT "B" SUMMARY OF TERMS GRANTOR: City of Virginia Beach GRANTEE: Greensville County Water& Sewer Authority EASEMENT: 20' utility easement, consisting of 3,216 sq. ft., or 0.074 acres, more or less, crossing the City's right-of-way housing the City's Lake Gaston Raw Water Pipeline and lying adjacent to the western right-of-way line of South Allen Road (Route 610) in Greensville County, Virginia CONSIDERATION: No consideration will be required CONDITIONS OF SALE: • The Grantor shall have the right but not the obligation to repair or remove the Grantee's facilities in the Easement in the event of an emergency, public necessity or public safety, and Grantee shall bear all costs and expenses of such repair or removal. • The Grantee shall indemnify, hold harmless and defend the City and its agents and employees from all claims, damages, losses and expenses in case it shall be necessary to file or defend an action arising out of the Grantee's use of the Easement. • No construction or maintenance of facilities, other than those specified in the Deed of Easement will be permitted. • Grantee must notify the City within at least 48-hours of construction within the right-of-way to arrange for a City representative to be on-site to oversee the construction. • If any utility conflicts are determined between the Easement and the City's use of the existing water line, work shall not commence until the City's Public Utilities Department approves all construction plan revisions. • Grantee may not charge Grantor any fees or costs for future requests to encroach into the Easement, if any, and shall review all such requests promptly. Disclosure Statement PlanIiing & i,`C3IIli7Iunfty Development enl 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 Greenville County Water&Sewer Authority Does the applicant have a representative? K Yes ❑ No • If yes,list the name of the representative. Glen Gibson,GCWSA Assistant Director 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 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. '"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(ill)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship Include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 11 P a g e Disclosure Statement Planning&Community 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 N 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 IN 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. 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 a 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. Revised 11.09.2020 2 1 P a g e Disclosure Statement 113 iffy alS irpeau[kta+.s 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?M Yes ❑ NO • If yes,identify the firm and individual providing the service. B&B Consultants,Sam Carroll 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. ADA. Applicant Signature Glen Gibson,GCWSA Assistant Director Print Name and Title 11-10-2023 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 No cha nges as of Date Signature -- — ----- -- -------- Print Name �— Revised 11.09.,.020 3 1 P a g e Disclosure Statement 1) ririillg & C0111111LIDity Development Continue to Text Page for owner Disclosure Revised 11.09.2020 4 P a g e Disclosure Statement try�4 a$nx�Aar Planning&C'ornmunitp Dm elopnient _... Owner Disclosure Owner Name Applicant Name Greensville County Water&Sewer Authority 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 Emplovee 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? 3"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 7 � _ a , k t. t 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 s 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 Planning& Community nity :; .. Developnvnt 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating orto 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. 1 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 Re�ised 11.t19.2020 7 1 P a g e J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTION 1. Ordinance to ACCEPT and APPROPRIATE $14.9-Million in Federal Funding from the Safe Streets and Roads for All grant program to the FY2023-24 Parks and Recreation Operating Budget; APPROPRIATE $2.998-Million from the General Fund Balance to the FY2023-24 Parks and Recreation Operating Budget; AUTHORIZE a local match totaling$3.9-Million; and TRANSFER$17.898-Million from the FY2023-24 Parks and Recreation Operating Budget to Capital Project#100644, "Virginia Beach Trail" (Requested by Mayor Dyer, Vice Mayor Wilson. and Council Members Berlucchi, Remick, Ross-Hammond, Rouse, Schulman, and Wooten) 2. Ordinance to AUTHORIZE the Modification of the Memorandum of Understanding between the City and the Virginia African American Cultural Center, Inc. re extend certain construction deadlines 3. Ordinance to APPROPRIATE $687,072 from the lease of dark fiber to Capital Project #100106, "Next Generation Network" 4. Ordinance to ACCEPT and APPROPRIATE $499,753 from the Virginia Department of Criminal Justice Services to the FY2023-24 Commonwealth Attorney's Operating Budget and to AUTHORIZE two (2) grant-funded full-time positions re prosecuting certain misdemeanor offenses 5. Resolution to ADD Student Members to the Flood Prevention Bond Referendum Oversight Board a CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $14,900,000 in Federal Funding, to Appropriate $2,998,000 from the Fund Balance of the General Fund, to Authorize a Local Match, and to Transfer $17,898,000 as Pay-Go to Capital Project #100644, "Virginia Beach Trail" MEETING DATE: January 2, 2024 ■ Background: The Safe Streets and Roads for All (SS4A) grant program is for implementation, planning, and demonstration projects intended to improve safety and help prevent deaths and serious injuries on the nation's roadway. The funding helps communities address roadway safety through a comprehensive approach that aligns with the National Roadway Safety Strategy of the U.S. Department of Transportation (USDOT). On December 13, 2023, the USDOT announced 385 fiscal year 2023 SS4A grant awards totaling $813 million. The City was notified of an award totaling $14,900,000 in federal funding for Virginia Beach Trail Phase 1: A Regional Connector. The Virginia Beach Trail is the #1 priority in the City's Active Transportation Plan to promote equitable access to an active transportation network, increase pedestrian and bicycle user safety, and spur economic strength and vitality. This is the first phase of a multi-phase project to connect Norfolk to the Oceanfront with a continuous trail. Also, this is the last section of the reginal South Hampton Road Trail. The awarded funds are for multiple safety improvements for the Virginia Beach Trail, a shared-use path that will create more than three miles of pedestrian and bicycle trails completely separated from vehicles. The trail will ultimately link multiple universities, businesses, and employment opportunities to underserved communities along the corridor and will move people walking and biking from a vehicle-centric arterial. The project also includes a pedestrian bridge over the 10-lane arterial road (Independence Boulevard), high-visibility crosswalks, and improved lighting. The total project cost for this phase is $19,550,000. Of this amount, $750,000 is provided from a federal earmark from the 2023 Omnibus Appropriations bill, and $14,900,000 from this grant opportunity. The remainder, $3,900,000 is the required local match for the project. All SS4A grants require a minimum of 20% local match. On November 21, 2023, the City Council appropriated $902,000 to this project from the sale of easements to Dominion Energy for the offshore wind project. This $902,000 can be applied towards the local match requirement. The remaining local match of $2,998,000 is proposed to be appropriated from the fund balance of the General Fund. The current fund balance percentage of the General Fund as reported in the FY 2022-23 Annual Financial Report is slightly above the 8-12% policy, at 13.9% of revenues. Utilizing $2.9 million in fund balance will not materially impact this percentage. ■ Considerations: The attached ordinance accepts and appropriates the federal funds, appropriates fund balance for a portion of the local match, authorizes the local match, and transfers the funds to the Capital Improvement Program. After approval, the USDOT and the City will need to enter into a grant agreement prior to the obligation of award funds. Once an agreement is executed, the City will have five years to complete this phase of the project. In addition, execution of a Comprehensive Safety Action Plan will be a requirement in the grant agreement. Public Works is actively working on a Comprehensive Safety Action Plan and the first public meeting was held on November 16, 2023. It is anticipated that a draft Comprehensive Safety Action Plan will be presented to the City Council for adoption by summer of 2024. ■ Public Information: Normal Council Agenda process. ■ Recommendation: Approve the attached ordinance. ■ Attachments: Ordinance; Map; Project Page #100644 Requested by Mayor Dyer, Vice Mayor Wilson, and Councilmembers Berlucchi, Remick, Ross-Hammond, Rouse, Schulman, and Wooten REQUESTED BY MAYOR DYER, VICE MAYOR WILSON, AND COUNCILMEMBERS BERLUCCHI, REMICK, ROSS-HAMMOND, ROUSE, SCHULMAN, AND WOOTEN 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $14,900,000 IN FEDERAL FUNDING, TO APPROPRIATE 3 $2,998,000 FROM THE FUND BALANCE OF THE 4 GENERAL FUND, TO AUTHORIZE A LOCAL MATCH, AND 5 TO TRANSFER $17,898,000 AS PAY-GO TO CAPITAL 6 PROJECT #100644, "VIRGINIA BEACH TRAIL" 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA, THAT: 10 11 1. $14,900,000 from the Safe Streets and Roads for All grant program is 12 hereby accepted and appropriated, with federal revenue increased accordingly, to the FY 13 2023-24 Operating Budget of the Department of Parks and Recreation. 14 15 2. $2,998,000 is hereby appropriated from the fund balance of the General 16 Fund to the FY2023-24 Operating Budget of the Department of Parks and Recreation. 17 18 3. A local match totaling $3,900,000 is hereby authorized. The local match 19 shall consist of the $2,998,000 appropriated above and $902,000 that was previously 20 appropriated to Capital Project #100644, "Virginia Beach Trail." 21 22 3. $17,898,000 is hereby transferred as pay-go funding from the FY 2023-24 23 Operating Budget of the Department of Parks and Recreation to Capital Project#100644, 24 "Virginia Beach Trail." Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2024. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget AndrManagement Services CwAiKorney's Office CA16389 R-3 December 27, 2023 SIR,��.�� i `�♦i-,p-cdv♦��. ♦��'♦►,.�,V�j♦♦♦ ♦ ♦♦♦♦ • • ♦, _/ .;7�\ •'�7�1°�••' �, � /��. m�•i ar`��.N•�� ICI♦ •`� 1 O � �jl — 79 �l r r� �'j►•• Ny ty 17-"►qj• �r.1 +. � �,../ � � .r' •i ♦♦• Ott y1►„A Nt ®� �;v c ♦ 4 .. 1-®• %� iC Wg.!W,,.In J® tlI♦tyy �1J��Ii►� Ilj�: + 1 ��.."' l'' . ZIP, wi�� ;��g`7c' a•�••,N�,r ..•♦ trt�� s�.ae�y i'4� ?�!i�•� 0 Q •* �, ,� ��L iE��F'3�., /�e��«` �cal•��.f♦��•;;.y.,+.;�♦I��'I'•®• �j^^:,, 1�� e :. !'�,�f� �'�,�E:S +.r� 'Ps S .o- t; Cay�'i '�� ,♦A<, �� `�y� r. L�►� !`-w,� . i/r .,l� A [+off''v"• ♦ �� ♦ A/♦ ♦ ♦♦ �;� O t1 1. � �. ��N► '� ,�,� ♦11�►� � .. Q 1i `•yl♦ter � �+�•�r,�� ((—��.�� .y '�. �,,�IYM' � i3+ ��-. .rI .� , ,. �11Ym 15�� ♦ i.ice". ..,71 •��, �% �` � fir.,1� �"� '� � ��a•�iy4 �,`I�c:ae�" ♦Np� I� + ! '' ��,-- ur-!,V RIM WWI r �� ! =' � ♦ ♦i♦o♦ 'r i� I , +�r \(�; ')..• <+� , , �� / -� 'll� �vCT.'�t.1!> �laxcSysi/" �MNNN1 `, �.• v�,'Ly�..'.a. ` �� Ir� � '^ � � - !:�'�; `/ra':---o �er.,� i'ee-IeM AN i A t�� •ir` \ r `'�►` I �� '1� C ��.� IMNNINM�AMiMUMI# 'Its WIN q Q�*V�a N � ►�w dr y?'►1°t1 � i ��.'� �, �''�.�� _/:1ff w►� `�, ♦`'� \ •/� ``1�®♦ice �_• � wra �I j.�?► �.� � "�+�ty,�t<.. ��.•j•��, • � / �� •r+p �`�w�� ' ��• u� ,� � ��\ _\` rya�R ��•��.��' Sdumm WE • �l`. ,•%�� / �' �� ' >.�, rE'"w�w`��',�'��: ♦sir�,I�rj�.�•`� .- � _v.1i� ��.•� Legend WOM Virginia Beach Trail City Properties • �'�`�,''<�`u.�'-�=a..�j '�� -4 �y�y`�•'i ��►rta.�'�►�s^��s1�i�:•�:f<J�� 1��''r'��: LOCATION MAP NOW P2 VIRGINIA BEACH TRAIL PHASE I IN Fiscal Years FY25 through FY30 Capital Improvement Program Project:PG100644 itle:Virginia Beach Trail [Status:Proposed Category:Parks and Recreation Department:Parks and Recreation Projectp' Project Location Project Type:New Facility Construction/Expansion District:4 Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY25 FY26 FY27 FY28 FY29 FY30 Future 1,652,000 1,652,000 - Description . Scope 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 and Need 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 connect 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 and Current Status The project first appeared in the FY15 CIP as Transit Corridor Development. Operating To be determined. FY25 FY26 FY27 FY28 FY29 FY30 Total Operating Budget Impacts Total FTE Project Map Schedule of Project Activities From-To Amount Design 07/23-06/27 5,750,000 Construction 07/23-06/29 13,800,000 Total Budgetary Cost Estimate: 19,550,000 Means of Financing NO MAP REQUIRED Funding Subclass Amount Federal Contribution 750,000 Sale of Property 902,000 Total Funding: 1,652,000 u CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the Modification of the Memorandum of Understanding between the City of Virginia Beach and the Virginia African American Cultural Center, Inc. to Extend Certain Construction Deadlines MEETING DATE: January 2, 2024 ■ Background: On October 20, 2015, by Ordinance ORD-3429A, City Council authorized the execution of a Memorandum of Understanding (the "Original MOU") between the City of Virginia Beach (the "City") and the Virginia African American Cultural Center, Inc., formerly the African American Cultural Center ("VAACC"). The Original MOU contemplated the City dedicating approximately 4.8 acres of land located at 704 Hampshire Lane (GPINs: 1468-32-9552 and 1468-42-1766) (the "Property") to the VAACC for the purpose of developing an African American cultural center (the "Cultural Center"). The Cultural Center would include a gallery, rotunda hall, multi-purpose classrooms and a formal performance space, together with outdoor events and walking trails. On November 20, 2018, by Ordinance ORD-3572F, City Council authorized the execution of an Amendment to the Original MOU (the "First Amendment"). The First Amendment authorized the conveyance of the Property prior to certain conditions being met, including a provision that the Property would revert back to the City if construction of the Cultural Center did not commence on or before December 1, 2023 and be complete by December 1, 2025. On March 18, 2019, a Deed of Gift conveying the Property to the VAACC was recorded, which contained the reversion clause if construction deadlines were not met. ■ Considerations: The VAACC has made substantial progress toward development; however, due to various unforeseen circumstances, including the pandemic and related inflation impacts and delayed capital campaign activities, construction of the Cultural Center has not commenced. On November 26, 2023, the VAACC requested an extension of thirty-six (36) months for both deadlines. Other than the extension of construction deadlines, no changes have been requested to the terms and conditions of the Original MOU or the First Amendment. ■ Public Information: Public notice will be provided via the normal City Council agenda process. 0 Recommendations: Approval ■ Attachments: Ordinance, Location Map, Disclosure Statement Submitting Department/Agency: Public Works / Real Estate City Manager: fK I AN ORDINANCE AUTHORIZING THE MODIFICATION OF 2 THE MEMORANDUM OF UNDERSTANDING BETWEEN THE 3 CITY OF VIRGINIA BEACH AND THE VIRGINIA AFRICAN 4 AMERICAN CULTURAL CENTER, INC. TO EXTEND CERTAIN 5 CONSTRUCTION DEADLINES 6 7 WHEREAS, on October 20, 2015, by Ordinance ORD-3429A, City Council 8 authorized the execution of a Memorandum of Understanding (the "Original MOU") 9 between the City of Virginia Beach (the "City") and the Virginia African American 10 Cultural Center, Inc., formerly the African American Cultural Center ("VAACC"); 11 12 WHEREAS, the Original MOU contemplated the City dedicating approximately 13 4.8 acres of land located at 704 Hampshire Lane (GPINs: 1468-32-9552 and 1468-42- 14 1766) (the "Property") to the VAACC for the purpose of developing an African American 15 cultural center (the "Cultural Center"); 16 17 WHEREAS, on November 20, 2018, by Ordinance ORD-3572F, City Council 18 authorized the execution of an Amendment to the Original MOU (the "First 19 Amendment"); 20 21 WHEREAS, the First Amendment authorized the conveyance of the Property 22 prior to certain conditions being met, and included a provision that the Property would 23 revert back to the City if construction of the Cultural Center did not commence on or 24 before December 1, 2023 and be complete by December 1, 2025 (the "Reverter"); 25 26 WHEREAS, on March 18, 2019, a Deed of Gift conveying the Property to the 27 VAACC was recorded, which contained the Reverter; 28 29 WHEREAS, the VAACC has made substantial progress toward development; 30 however, due to various unforeseen circumstances, including the pandemic and related 31 inflation impacts and delayed capital campaign activities, construction of the Cultural 32 Center has not commenced; 33 34 WHEREAS, on November 26, 2023, the VAACC requested an extension of 35 thirty-six (36) months for both deadlines; and 36 37 WHEREAS, City Council is of the opinion that extending the construction 38 deadlines will promote the successful development of the Cultural Center and will 39 benefit the citizens and visitors of the City. 40 41 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 42 VIRGINIA BEACH, VIRGINIA: 43 44 That the City Manager is hereby authorized to execute an amendment to the MOU 45 between the City and the Virginia African American Cultural Center, Inc. to extend the 46 deadlines to commence construction to December 1, 2026 and the deadline to complete 47 construction to December 1, 2028, and such other terms, conditions and modifications 48 as may be acceptable to the City Manager and in a form deemed satisfactory by the 49 City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: P"rks/ eal Estate City Attorney CA 16264 1lvbgov.comldfs 1 Wpplicationslcitylawlcycom321wpdocs1f 221p025100352467.doc R-1 12/1/23 IAI w LOCATION MAP ' y -_. NNI ,r� � ��...- ARE G 5 • w GPIN: 1468 42 1766 (Approx. 3.80 Acres) tit ,t `�� •' � � ' ��' GPIN: 1468-32-9552 LAKE EDWARD 43i +YC? (Approx. 1.0 Acres) , PARK w � 1 l •, � w �Nll 148*� NOV t ; Disclosure Statement X 13 Planning&Community ill 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 Dr.Angela W.Gregg (Virginia African American Cultural Center) Does the applicant have a representative? ❑ Yes ® 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) See attached • If yes,list the businesses that have a parent-subsidiary'or affiliated business entityz 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 p a g e Disclosure Statement X13 t"It a:"OV 41Owe 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?0 Yes ❑ No • If yes,what is the name of the official or employee and what is the nature of the interest? (1)Dr.Amelia Ross-Hammond--VAACC Founder&Chairman and(2)Honorable Worth Remick--VAACC Executive Board Member 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 broke r/agent/rea Ito r 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 X 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 FE NO • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 1 p a g r, Disclosure Statement (]ty g lriyc�x Rncfi 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 ® 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 Dr.Angela W.Gregg Print Name and Title 12-1-2023 Date Is the applicant also the owner of the subject property? ❑ No ■Yes If yes,you do not need to fill out the owner disclosure statement. CouncilFOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and CitV that pertains to the applications NO changes as of Date Signature Print Name Revised 11.09.2020 3 1 P a g e Entity Information Entity Information Entity Name: Virginia African American Cultural Center,Inc. Entity ID: 07881865 Entity Type: Nonstock Corporation Entity Status: Active Series LLC: N/A Reason for Status: Active and In Good Standing Formation Date: 02/25/2015 Status Date: 04/20/2023 VA Qualification Date: 02/25/2015 Period of Duration: Perpetual Industry Code: 0-General Annual Report Due Date: 02/29/2024 Junsdiction: VA Charter Fee: $50.00 Registration Fee Due Date: Not Required Registered Agent Information RA Type: Individual Locality VIRGINIA BEACH CITY RA Qualification: Initial Director of the Corporation Name: AMELIA R.HAMMOND Registered Office Address: 1008 SPINDLE CROSSING,VIRGINIA BEACH,VA,234SS-0000, USA Principal Office Address Address: PO BOX 61701,VIRGINIA BEACH,VA,23466-000Q USA Principal Information Title Director Name Address Last Updated Secretary No CHERYL DAVIDSON 4405 TRIGGER COURT,VA,BEACH,VA,23456-0000,USA 03/28/2019 FOUNDER/CHAIRMA Yes DR.AMELIA ROSS-HAMMOND 1008 SPINDLE CROSSING,VIRGINIA BEACH,VA,23455-0000,USA 03/28/2019 Treasurer No KELVIN ARTHUR 4756 KILBY DR,VA,23456,USA 02/D8/2021 President No Amelia Nancy Ross-Hammond 1008 Spindle Crossing,Virginia Beach,VA,23455,USA 02/28/2022 Vice President No Dr.James C.Bonds 1948 Morgan Mill Way,Virginia Beach,VA,23454,USA 02/27/2023 Yes Worth R.Remick 103 Ridge Road,Virginia Beach,VA,23451,USA 02/27/2023 Yes Justin T Fauntleroy 633 William Hall Way,Chesapeake,VA 23322,USA 02/27/2023 Yes Thomas Lee 1900 Jack Froast Rd,Virginia Beach,VA,23455,USA 02/27/2023 MEMBER-DIRECTOR INFORMATION Privacy Policy(https://www.sec.viMifl"Jtffblt")Woc)NOMIAMUP(tMg;.I►1YkW@TtOftinia.gov/clk/clk_contact.aspx) (https:/twww.facehook.comNirginiaStateCorporationCommission) (https://Wtter.comNAStateCorpComm) U � f0 T CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funds from the Lease of Dark Fiber to Capital Project #100106, "Next Generation Network" MEETING DATE: January 2, 2024 ■ Background: The City owns a fiber optic network for the purpose of providing communications capabilities to City government facilities (the "City Network"). Certain bundles of fiber optic cable installed as part of the City Network are not currently needed to meet the City's communications needs (the "Available Fiber"). Lumos Telephone, LLC ("Lumos") is a fiber optic network service provider that offers data, broadband, voice, and IP services in the mid-Atlantic region. The City's Information Technology Department received a request from Lumos to lease four strands of the Available Fiber in the City Network to connect Lumos's network infrastructure in Chesapeake to Lumos's network infrastructure in Virginia Beach. The City Council approved a lease agreement for the Available Fiber on October 3, 2023. The lease has a 12-month term with the option of 2 six-month renewals. Under the terms of the proposed lease, Lumos will pay the City $687,072 for the initial term, and an additional $343,536 for either of the six-month renewals. ■ Considerations: The City has received the $687,072, and staff recommends directing these funds to Capital Project#100106, "Next Generation Network." If approved, this funding will be used for expediting (by six-to-eight months) fiber connections to Creeds and Blackwater Fire stations and running fiber through the Lesner Bridge. ■ Public Information: Normal Council Agenda process. ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance; Project Page #100106 Recommended Action: Approval Submitting Department/Agency: Department of Information Technology City Manager: f#O 1 AN ORDINANCE TO APPROPRIATE FUNDS FROM THE 2 LEASE OF DARK FIBER TO CAPITAL PROJECT #100106, 3 "NEXT GENERATION NETWORK" 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $687,072 of revenue from the lease of dark fiber is hereby appropriated, with 9 revenue increased accordingly, to Capital Project #100106, "Next Generation Network." Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2024. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ir• q1F =-F - -ojzd", B dget and Marlagement Services City rney's Office CA16388 R-1 December 18, 2023 Fiscal Years FY24 through FY29 Capital Improvement Program Project:PG100106 itle:Next Generation Network tatus:Approved Category:Information Technology Department:Information Technology Project Type Project Location Project Type:Technology District:Citywide Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY24 FY25 FY26 FY27 FY28 FY29 Future 18,205,648 16,705,648 250,000 250,000 250,000 250,000 250, 250, Description .. This project will expand and enhance the existing matrix of underground optical fiber to connect off-campus sites.This expansion will significantly increase bandwidth and alleviate slow network speeds.In addition,implementing optical redundancy at six super-sites will virtually eliminate network outages to provide continuous service and enable regional partnerships.If the existing,in-building cabling cannot support Next Generation Network (NGN),funds from this project can be used to upgrade or replace the cabling to ensure compatibility.This CIP will also fund the City's participation in the Regional Fiber Ring Initiative,the expansion to new city owned,leased or occupied spaces,and the ability to contract for architecture services for planning,implementation and recommendations for NGN changes and strategic planning.The following activities are included within the scope of this project:hiring contractors to lay the fiber,extending network fiber to identified locations,implementing network redundancy among six facilities(super- sites),and transitioning post-implementation support from contractors to city resources. Purpose and Need The City of Virginia Beach currently leases network fiber that connects Wide Area Network(WAN)remote sites to the municipal campus.These remote sites include locations such as the Department of Human Services,numerous fire stations,public libraries,and recreation centers.The remote sites are charged by IT for the bandwidth they use and IT in turn pays the vendor(Cox)on a monthly basis.The current leased option has not been satisfactory for the off-campus city offices.Remote sites consume all their bandwidth on a daily basis resulting in slow network response times and application latency. The City is also working with the Hampton Roads Planning District Commission(HRPDC)and local jurisdictions in Hampton Roads,including Chesapeake,Norfolk,Portsmouth,and Suffolk on the implementation of a regional broadband strategy.This will connect all 17 member jurisdictions to accelerate the creation of 21st century jobs,support the creation of new and expanded businesses throughout the region,and spur the construction of data centers. Funding is included in this CIP for the City's cost participation in the Regional Fiber Ring Initiative. History and Current Status This project first appeared in the FY 2014-15 CIP and was previously titled Metropolitan Area Network.In the FY 2016-17 CIP the project received $987,505 in appropriations to date from various completed projects.In the FY 2020-21 CIP,the scope of this project was modified to reflect additional activities to be funded. Operating A Systems Engineer III for implementation of this network was included in the FY 2014-15,Operating Budget for the IT Department.While this project will result in additional costs for network maintenance and smartnet maintenance,reductions in vendor subscription costs are anticipated to result in net savings to the City. FY24 FY25 FY26 FY27 FY28 FY29 Total Operating Budget Impacts Total FTE Project Map Schedule of Activities Project Activities From-To Amount Implementation 07/01-06/29 18,205,648 Total Budgetary Cost Estimate: 18,205,648 Means of Financing Funding Subclass Amount NO MAP REQUIRED Local Funding 18,205,648 Total Funding: 18,205,648 FY 2023-24 to FY 2028-29 214 Capital Improvement Program a4 �� z, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds to the Commonwealth's Attorney's Office and to Authorize Two Grant-Funded Positions MEETING DATE: January 2, 2024 ■ Background: The "Operation Ceasefire" grant is offered by the Commonwealth of Virginia through the Virginia Department of Criminal Justice Services (DCJS). The purpose of the grant is to support the implementation of violent crime reduction strategies by advocating for law enforcement and building meaningful partnerships with communities. On December 8, 2023, the Commonwealth's Attorney's Office received notification of the approved grant award of$499,753 for fiscal year 2024. Administration of this grant will be by the Commonwealth Attorney's Office. These funds will be used to support two new full-time employees (FTEs) who will be dedicated to prosecuting certain misdemeanor offenses. ■ Considerations: The grant period is from January 1, 2024, through December 31, 2026. The positions authorized will contingent upon continued funding from the Commonwealth. ■ Public Information: Normal Council Agenda process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Office of the Commonwealth's Attorney City Manager:169 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS TO THE COMMONWEALTH'S ATTORNEY'S 3 OFFICE AND TO AUTHORIZE TWO GRANT-FUNDED 4 POSITIONS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1 . $499,753 is hereby accepted from the Virginia Department of Criminal Justice 10 Services and appropriated, with state revenue increased accordingly, to the FY 11 2023-24 Operating Budget of the Commonwealth's Attorney for the 12 implementation of violent crime reduction strategies. 13 14 2. Two full-time positions are hereby authorized in the FY 2023-24 Operating Budget 15 of the Commonwealth's Attorney. Such positions are conditioned upon continued 16 grant funding from the Commonwealth. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2024. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: �. -- udget a d M agement Services CftjjWKrn i_Office CA16387 R-1 December 18, 2023 S 6' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Add Student Members to the Flood Prevention Bond Referendum Oversight Board MEETING DATE: January 2, 2024 ■ Background: In November, 2021, a referendum regarding the issuance of bonds to fund the design and construction of flood mitigation measures was approved, with 72% of citizens voting to support the bond issuance. Two weeks later, the City Council established the seven-member Flood Prevention Bond Referendum Oversight Board to provide citizen oversight of the City's comprehensive flood mitigation program and the 21 projects listed in the bond referendum question. ■ Considerations: The Flood Prevention Bond Referendum Oversight Board requests that the City Council add two high school students—one junior and one senior—to their membership as nonvoting members. The resolution would add two students to the membership of the board. The students could provide meaningful input and valuable perspectives for the board. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Resolution Recommended Action: Approval Submitting Department/Agency: Flood Prevention Bond Referendum Oversight Board City Manager: / 9 1 A RESOLUTION TO ADD STUDENT MEMBERS TO THE 2 FLOOD PREVENTION BOND REFERENDUM OVERSIGHT 3 BOARD 4 5 WHEREAS, on November 2, 2021, the citizens of Virginia Beach approved a 6 referendum regarding the issuance of bonds to fund the design and construction of flood 7 mitigation measures, with 72% voting to support the bond issuance; 8 9 WHEREAS, two weeks later, the City Council City Council established the seven- 10 member Flood Prevention Bond Referendum Oversight Board to provide citizen oversight 11 of the City's comprehensive flood mitigation program and the 21 projects listed in the 12 bond referendum question; and 13 14 WHEREAS, the Flood Prevention Bond Referendum Oversight Board has voted 15 to request that the City Council add two high school students to their membership; 16 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 18 OF VIRGINIA BEACH, VIRGINIA, THAT: 19 20 In addition to its current membership, the Flood Prevention Bond Referendum 21 Oversight Board shall include two high school students—one junior and one senior—as 22 nonvoting members. For the initial appointments, the high school senior will be appointed 23 to a term that expires June 30, 2024, and the junior will be appointed to a term that expires 24 June 30, 2025. Subsequent appointments of student members shall be high school 25 juniors, and such appointments shall be for a two-year term and made on a fiscal-year 26 basis, beginning July 1st and ending June 30th. A quorum of the membership shall 27 continue to be determined based solely on the number of voting members present (and 28 thus will not include the student members). Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 202// APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA16345 R-1 December 14, 2023 L. PLANNING 1. RUFFIN 86, LLC for a Variance to Section 4.4(c) of the Subdivision Regulations re demolish three (3) dwelling units to construct one-single family dwelling at 109 A & B 861h Street & 8600 Ocean Front Avenue DISTRICT 6 (Deferred from December 12, 2023) RECOMMENDATION: APPROVAL 0 R5R(NE) 1 T '-� -IA ) .10 c� �' 86th Street 6th Street g R5R(N E) N ® Site -- Ruffin 86, LLC W E Property Polygons 109A & 109B 86th Street, 8600 Ocean Front Avenue S Zoning Building Feet 0 510 20 30 40 50 60 CITY OF VIlR'GIINIA BEACH AGENDA ITEM ITEM: RUFFIN 86, LLC [Applicant & Property Owner] Subdivision Variance (Section 4.4(c) of the Subdivision Regulations) for the property located at 109 A & B 86th Street & 8600 Ocean Front Avenue (GPINs 2510517095, 2510518047). COUNCIL DISTRICT 6 MEETING DATE: January 2, 2024 (Deferred on December 12, 2023) ■ Background: On May 25, 1925, Lot 6 was recorded as a 50-foot by 150-foot parcel. The parcel was subdivided into two lots by deed in 1944 and again in 1960. The property is currently developed with three dwelling units, one duplex (109 A & B 86th Street) and one single-family dwelling (8600 Ocean Front Avenue). The applicant is requesting to vacate the interior property lines, demolish the three dwelling units, and construct one single-family dwelling. The lot will be restored to the original 50- foot by 150-foot lot, as recorded in 1925. As the current Ordinance would require a minimum lot width of 60 feet for the corner parcel, a Subdivision Variance is required. A Board of Zoning Appeals (BZA) variance will be required for the single- family dwelling as proposed since it does not meet the building setbacks and height requirements established in the Zoning Ordinance. Condition 3 has been recommended to address this requirement. ■ Considerations: The Planning Commission agreed with Staff that granting the requested variance will not adversely affect the character of the neighborhood and is consistent with the principles of the Comprehensive Plan for the North End of the City. As proposed, the development will decrease the number of lots from two to one, reducing the existing nonconformities. Except for lot width, the proposed parcel meets all other dimensional requirements. To adhere to the requirements for the North End established in the Public Works Design Standards Manual, Condition 2 has been recommended, requiring the access on 861h Street to be designed in a manner acceptable to Public Works. This will be reviewed in greater technical detail during site plan review. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached Staff Report. While staff has not received any opposition to the request, a letter was sent to Councilmembers from the North Virginia Beach Civic League Zoning Review Committee (NVBCL ZRC). While supportive of the subdivision variance request, the NVBCL ZRC did express opposition to allowing the private parking to remain within the public right-of-way. Ruffin 86, LLC Page 2 of 2 ■ Recommendation: On November 8, 2023, the Planning Commission passed a motion to recommend approval of this item on the Consent Agenda, by a recorded vote of 8-0. 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "SUBDIVISION VARIANCE EXHIBIT— LOT 6, BLOCK 3, CAPE HENRY SYNDICATE, SECTION "D" (M.B. 1, PG. 8b), VIRGINIA BEACH, VIRGINIA FOR RUFFIN 86, LLC", prepared by WPL, dated April 19, 2021, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 2. The existing driveways on 861" Street shall be redesigned in a manner deemed acceptable to the Department of Public Works. 3. The proposed single-family dwelling shall meet the minimum dimensional requirements of the R-5R Residential (NE) North End Overlay zoning district, unless a BZA Variance is granted by the Board of Zoning Appeals. If a BZA Variance is required, the variance shall be granted on the property prior to the site plan approval for the proposed single-family dwelling. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department (' City Manager: /V AgendaApplicant & Property Owner Ruffin 86, LLC Planning Commission Public • • - 2023 CouncilCity c�i<<„/ )B Virginia Beach Request Subdivision Variance (Section 4.4(c)of the Subdivision Regulations) Staff Recommendation Approval Staff Planner Marchelle Coleman Location 109 A& B 86th Street&8600 Ocean Front Avenue 5T m GPINs 85TH ST g4TH 2510517095,2510518047 SyO��R ao ST Site Size �aoST E� 7,500 square feet g2Np5T AICUZ •,STST { Less than 65 dB DNL Watershed Atlantic Ocean Existing Land Use and Zoning Districts' Duplex,Single-family Dwelling/R-5R Residential(NE) North End Overlay r Surrounding Land Uses and Zoning Districts NorthT Single-family Dwelling/R-511 Residential(NE) ►' North End Overlay v South 86th Street r•. } rr, 4�c.A, ; Single-family Dwellings/R-5R Residential (NE) North End OverlayT " East °4 y 150-foot unimproved right-of-way , i West r Ocean Front Avenue Single-family Dwelling/R-5R Residential(NE) North End Overlay Ruffin 86, LLC Agenda Item 5 Page 1 Background & Summary of Proposal • Lot 6 was recorded on May 25, 1925 in M.B. 1, PG. 8b as a 50-foot by 150-foot parcel. In 1944, Lot 6 was subdivided by deed into two lots,consisting of a 50-foot by 54-foot lot and a 50-foot by 96-foot lot. In 1960,the lots were subdivided again into the current configuration, including a 50-foot by 50-foot lot(duplex lot)and a 50-foot by 100- foot lot (single-family lot). In 2021,the Zoning Administrator determined the lot was improperly subdivided by deed in 1960,as the parcels were not created by a plat as required by the Princess Anne County subdivision ordinance in place at that time,thus resulting in loss of the nonconforming development rights. • The applicant now seeks to vacate the interior property lines to restore the R-5R(NE) Residential (North End Overlay) parcels to the original 50-foot by 150-foot lot, as was recorded prior to 1944. By doing so,the proposed Lot 6A will not meet the current regulations for lot width for corner lots. • Per Section 4.4(c) of the Subdivision Regulations,corner lots shall be platted not less than ten feet wider than the minimum required by the Zoning Ordinance for interior lots in the district.A Subdivision Variance is required as proposed Lot 6A will have a width of 50 feet, rather than the required 60 feet. • Three dwelling units exist on these two lots: a duplex,constructed in 1935, located at 109 861h Street,and a single- family dwelling,constructed in 1934, located at 8600 Ocean Front Avenue.The applicant intends to remove the three units,vacate the interior property lines,and develop the lot with one single-family dwelling. • The applicant will be attending the Board of Zoning Appeals (BZA)to request variances to the building setback and building height for the proposed single-family dwelling. Condition 3 has been added to address this requirement. Lot Width for Required Proposed Required Proposed Required Lot Proposed Corner • (feet) (feet) (feet) (feet) (acre) Parcel Lot 6A 60 feet 50 feet* 40 feet 50 feet 5,000 feet 1 7,500 feet *Variance required Ruffin 86, LLC Agenda Item 5 Page 2 �r 5 E) RSR(NE) y No Zoning History to Report •br+st _--"1 ��R(NE) RSB� Application Types rl' � CUP-Conditional Use Permit MDC-ModificationofConditions STC-Street Closure SVR-Subdivision Variance REZ-Rezoning MDP-Modification of Proffers FVR-Floodplain Variance LUP-Land Use Plan CRZ-ConditionalRezoning NON-Nonconforming Use ALT-Alternative Compliance STR-Short Term Rental Evaluation : Recommendation Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography,or by other extraordinary situation or condition of such property,or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. This request for a Subdivision Variance to Section 4.4(c)of the Subdivision Regulations for a reduction in lot width for this corner lot is acceptable, as Staff finds the proposal to be consistent with the principles of the Comprehensive Plan for the North End of the City. The current Zoning Ordinance requires that corner lots be platted not less than ten feet wider than the minimum required by the Zoning Ordinance for interior lots in the district; however,this was not required when this lot was originally created, and the applicant is seeking to restore the dimensions as platted prior to 1944.As mentioned previously, lot width is the only deficiency; all other dimensional standards will be met. Since this request will decrease the number of lots from two to one, reduce the existing nonconformities,will not create any new nonconformities, and will restore the property back to its originally recorded parcel size(M.B.1, PG 8b)of 50-foot by 150-foot,Staff is amenable to this request as it will not change the character of the neighborhood, nor will it have any adverse impacts to the surrounding area. Ruffin 86, LLC Agenda Item 5 Page 3 Currently,there are two units on one of the existing lots and one single-family dwelling on the other.All units will be demolished, and a new home will be constructed that will be compatible with the surrounding area.The exterior design of the proposed home reflects the character of the area and incorporates attractive, high-quality materials and a design that is capable of withstanding severe weather events as is recommended by the Comprehensive Plan. Condition 2 has been recommended to ensure that the proposed single-family dwelling substantially adheres to the proposed elevations submitted with this application. In the early 2000s,the City Council directed the Department of Public Works to review parking within the North End of the City in an attempt to provide additional public parking within the public right-of-way. Driveways for new developments in the North End must meet the regulations identified in the Public Works Design Standards Manual, Section 3.9.E, Residential Entrances in the North Beach Area.As such,Staff is recommending Condition 2 to address this requirement which will be further reviewed during the site plan review process. Based on these considerations,Staff recommends approval of this request subject to the conditions listed below. Recommended Conditions 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "SUBDIVISION VARIANCE EXHIBIT—LOT 6, BLOCK 3,CAPE HENRY SYNDICATE,SECTION "D" (M.B. 1, PG. 8b),VIRGINIA BEACH, VIRGINIA FOR RUFFIN 86, LLC", prepared by WPL,dated April 19, 2021,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 2. The existing driveways on 86th Street shall be redesigned in a manner deemed acceptable to the Department of Public Works. 3. The proposed single-family dwelling shall meet the minimum dimensional requirements of the R-5R Residential (NE) North End Overlay zoning district, unless a BZA Variance is granted by the Board of Zoning Appeals. If a BZA Variance is required,the variance shall be granted on the property prior to the site plan approval for the proposed single- family dwelling. 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. RecommendationsComprehensive Plan The Comprehensive Plan designates the subject property as being located in the North End Suburban Focus Area.The Comprehensive Plan recommends that parcels in the North End should be consolidated only when best management practices for stormwater control are included in the reconstruction.The inclusion of porous materials for driveways, walkways, and other similar surfaces should be used to reduce net impervious coverage wherever feasible. Materials for this proposed home shall be attractive, high quality, and capable of withstanding severe weather events.Staff recommends incorporation of standards and guidelines found in the recently adopted Flood Resiliency Toolkit to prepare and mitigate for flooding and storm surges. Existing natural features should be considered early in the Ruffin 86, LLC Agenda Item 5 Page 4 development process, especially with such close proximity to the Atlantic shoreline and dunes. Natural drainage patterns and unusual topography that would support environmental and human health should be preserved to the highest degree possible. ResourcesNatural & Cultural • The site is located in the Atlantic Ocean Watershed. 8600 Ocean Front Avenue is known as the Faulkner House. It was listed in the Virginia Beach Historical Register in 2003. Demolition of the building will result in its delisting from the local register.The site was recommended not eligible for listing in the National Register in the 2018 survey update of the northern half of the City.The property was presented to the Historic Preservation Commission on September 6, 2023. When a building is listed in the Virginia Beach Historical Register,the committee prefers that if it is in good condition that it be preserved.After deliberation, it was determined that there were not sufficient preservation incentives to present to the property owner to retain this historic structure. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 86th Street No Data Available 9,900 ADT 1(LOS°"D") Existing Land Use Z—30 ADT Proposed Land Use 3-10 ADT lAverage Daily Trips 2 as defined by a single-family 3 as defined by a single-family 4 LOS=Level of Service dwelling and a duplex dwelling Master Transportation Plan (MTP) and Capital Improvement Program (CIP) 861h Street is a two-lane local neighborhood street.There are currently no CIP projects scheduled to upgrade this roadway. Public Utility Impacts Water The site currently connects to City water.Any unused services must be abandoned.There is an existing four-inch City water main along 86th Street. Sewer The site currently connects to City sanitary sewer.Any unused services must be abandoned.There is an existing eight- inch City sanitary sewer gravity main along 86th Street. Public • • Planning Commission • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on October 9, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays, October 25, 2023 and November 1, 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 October 23, 2023. Ruffin 86, LLC Agenda Item 5 Page 5 • 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 November 2, 2023. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays, December 19, 2023 and December 26, 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 December 18, 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 December 29, 2023. Ruffin 86, LLC Agenda Item 5 Page 6 Existing Lots 7.1 .-I Go CL IR via hAll pr 13 ell ri 4-1 lk IN; fill Ruffin86, LLC Agenda Item S Page SITE-DATA YPlNYY�+F II W #•Y n#I•WpWYWsr ^^ • ai^i>tl.RWt YYIw •• ,K+M�-#YIYY YI�Y i.Y IIMYiM YY•!M• � NIWW1�wYIl a{y.��. W / p` YWY rAWWna.n.s pj�1 A O�R,1l� ��U••I W n WyvyY�l1 Property Line to be vacated Property Lin to be vacated (created by deed in 1960) (created by dee'd in 1944) W W "�•�• n ...«w LOCATION WkP i •MW/p^�•YI Y.q.L.MP lYq 1ITiAf ( •IM LEKA1 $RM('1 2.W, fV ., PYW W!.Ra YU11n.ft#!1 C1 Ig fea,xe+c YWI �,� �.} �+eurtzN "'"y� ^na•w.en' �y PROPOSED LOT 6A In '�``"�+� . � . >_ , >� .,...� , �., �, �-•-Y�-*-,_..�.-r;.�.-...�. . ,ter 1'..—�1-.,..�/r'IM�w..-----.-"�^-'-- MoWs I N � � � � ( ♦�IVM�'4` i ORA"00 SCALE C-1.0 ~•' PLOT DATE, AUGUST 31.2023 PLAN STATUS,CITY SUBMITTAL !y 00 (hD Ql fD 3 00 Ln r) I I F: DAD � r..�,„• a.w w s ... • A fr MMR`Y•fa6 R ..p��^:\w1Pq a N•fN•aw•NYl�NY\ �\Y r JLO��TK)� 1 3 a rY;A.rY.YYF•IN•YAMlIM•Y IM«t GCK«y N .«JL�t IMF s�MRftY��llf� � ,e •• . , iff Y F eA•«f v+•+nav rfiw� : ^ .., _.... wN L F wd e rsw•o �•fma••AY ag dwsl•+Ia Ara w Ott a. .. av am-4,.rx Apr I1 .� CJ U L O L,'1 LI[]C7 e + CqM • w �4r 6� 4Y t• I\OI YICI•.w .•—�.......:-.. "'�_ II 9N'Y rM�w • PM p j 1 AI10R4.Y•iV j d•,� i1N Olpi-6ro7.eN.M IM My we+Fu pYS6tY �I wiMr 1�f➢R+I a� 1\I NU� Flq '1 Y\I R wlt w .b�.J._._�!-..i._...�. .a.F� wm1 a D ��.,... OnAPHIC SCALE c-i.o _. r, KdOT DATR•OCTOWR 21,2023 PLAN STATUS-CITY SUBMITTAL v ----_ -- 00 CU (D Ql CD lfl LrI (� Proposed Building Elevations r 1 a . PROPOSED NORTH ELEVATION } In 8 is PROPOSED SOUTH ELEVATION # Ruffin 86, LLC Agenda Item 5 Page 10 Proposed Building Elevations PROPOSED EAST ELEVATION A - + PROPOSED WEST ELEVATIONS Ruffin 86, LLC Agenda Item 5 Page 11 Site Photos 14 "$='• t � Y a: � � �t�. art �� _.c t t l i Oki � `�,�`��., I; x•t t 5r��l�• _. is:� tat- Site Photos 41 s L ? AP1,1010T low, � ✓tom.- .y>4M ;t?�� - A . t .. jc. 4 '"' fit 4k* Y v ——— -q ,t ti.y w yy :i L 44 . . M � 1 R . Disclosure Disclosure Statement (Ny rvjtiryi,etu Rani, Planning&Community ww, I)evelopment 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 Ruffin 86, LLC Does the applicant have a representative? 9 Yes ❑No • If yes,list the name of the representative. Billy Garrington, GPC, Inc Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?9 Yes ❑No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) The Dare Marie Ruffin Irrevocable Trust is the Sole Member of Ruffin 86, LLC. Clark L. Davidson is the Trustee of the Trust. John Babb is the Manager of Ruffin 86, LLC • If yes,list the businesses that have a parent-subsidiary'oraffiliated 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,(li)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. Revlsra 11.09.2020 1 Ruffin 86, LLC Agenda Item 5 Page 14 Disclosure Disclosure Statement hnJ of t'iry;roa ri-� Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the Cityof Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes 9 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-collateralitation,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 9 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 9 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 U 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?d Yes ❑NO • If yes,identify the firm and individual providing the service. Morth, Erin Webb S. Is there any other pending or proposed purchaser of the subject property?❑Yes O No • If yes,identify the purchaser and purchaser's service providers. Revised 11,09.2020 2 Ruffin 86, LLC Agenda Item 5 Page 15 Disclosure Disclosure Statement f`i!4 q`"7t:.8—h 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 9 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?(S�Yes ❑No • If yes,identify the firm and individual providing the service. WPL,Eric Garner 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 9 No • If yes,identify the firm and individual providing the service. Applicant Sienatu re 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. AppIIC&7t Sig I Print Name and Title Date Is the applicant also the owner of the subject property? 9 Yes ❑No • If yes,you do not need to fill out the owner disclosure statement. FOR ONLY/ prior that pertains to the applications ® Nochangesasof Oate 22/14/2023 signature -. no y^- 71 °`'"`"ame Marchelle L. Coleman Revised 11.09.2020 3 1 Ruffin 86, LLC Agenda Item 5 Page 16 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. Ruffin 86, LLC Agenda Item 5 Page 17 n R5R(NE) T c� c c� Broth Street Broth Street R5R(NE) N ® Site Ruffin 86, LLC W E Property Polygons 109A & 109B 86th Street, 8600 Ocean Front Avenue s Zoning Building Feet 0 510 20 30 40 50 60 Virginia Beach Planning Commission November 8, 2023, Public Meeting Agenda Item # 5 Ruffin 86, LLC RECOMMENDED FOR APPROVAL- CONSENT Mr. Horsley: Thank you. Is there any opposition to this ordinance? All right. Next item is item number five Ruffin 86, LLC subdivision variance. Mr Garrington. Mr. Garrington-Good afternoon, Mr Chairman, ladies and gentlemen of the Planning Commission for the record, Billy Garrington on behalf of the applicant. Applicant in this case is Ruffin 86, LLC property known as 109 A & B 86th Street and 8600 Oceanfront Avenue. Property in question is subdivided lots that were created by deed back in the forties that we're going to vacate the interior lot line between the two of them create one less non-conforming lot upon which will be built a single-family dwelling, not four duplexes that two duplexes one on each lot that could be built otherwise. A lot still one will not meet all of the requirements of the zoning ordinance because it's a corner lot. It doesn't have the additional 10 feet of width, but it will be a significant less non-conforming over that which is there now and the new use for the property will be one single family dwelling. In the staff, there are three conditions as a part of this request when total agreement with all three those conditions and Thank Marchelle Coleman very much for working with us on this request. Mr. Horsley: Thank you, Mr. Garrington. Is there any opposition to this? Hearing none. I asked Mr. Plumlee if he'd read this into the record. Mr. Plumlee: Just briefly, the commission has allowed this matter to be placed on the consent agenda. This is for the vacation of an interior lot line at 86th Street in the Oceanfront. As the applicant's agent pointed out, this will require a variance be obtained by the board of zoning appeals, which staff has agreed is acceptable under the current ordinance. We've been shown plans that are quite attractive for the construction, and it should reduce some of the activity in that area. I've received nothing but positive comments. Mr. Horsley: Thank you, sir. So, we have four items to be placed, make a motion that we approve the item number one City of Virginia Beach, item number two City of Virginia Beach, item number five Ruffin 86 LLC and item number seven Anna Costello-Lora Windsor Oaks West Parcel 3. Mr. Alcaraz: All right. Thank you, Mr. Vice Chair. We have a motion. Do I have a second? Mr. Parks: Yes, second. Mr. Alcaraz: Second by Mr. Parks. Madam Clerk: Mr. Horsley, can you make that motion on your iPad? Thank you, Mr. Parks. All right, the vote is now open. By a vote of eight to zero, items number one, two, five, and seven have been recommended for approval. AYE 8 NAY 0 ABS 0 ABSENT 3 Alcaraz AYE Anderson ABS B ler AYE Clemons AYE Coston ABS Cuellar AYE Estaris ABS Hi pen AYE Horsley AYE Parks AYE Plumlee AYE CONDITIONS 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "SUBDIVISION VARIANCE EXHIBIT— LOT 6, BLOCK 3, CAPE HENRY SYNDICATE, SECTION "D" (M.B. 1, PG. 8b), VIRGINIA BEACH, VIRGINIA FOR RUFFIN 86, LLC", prepared by WPL, dated April 19, 2021, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 2. The existing driveways on 86th Street shall be redesigned in a manner deemed acceptable to the Department of Public Works. 3. The proposed single-family dwelling shall meet the minimum dimensional requirements of the R-5R Residential (NE) North End Overlay zoning district, unless a BZA Variance is granted by the Board of Zoning Appeals. If a BZA Variance is required, the variance shall be granted on the property prior to the site plan approval for the proposed single-family dwelling. M. APPOINTMENTS 90-DAY FESTIVAL TASK FORCE BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD DEFERRED COMPENSATION BOARD GREEN RIBBON COMMITTEE HAMPTON ROADS TRANSPORTATION PLANNING ORGANIZATION HISTORIC PRESERVATION COMMISSION IN-HOUSE PHARMACY EXPLORATORY COMMITTEE MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OLD BEACH DESIGN REVIEW BOARD OPEN SPACE ADVISORY COMMITTEE PERSONNEL BOARD PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION SENIOR SERVICES OF SOUTHEASTERN VA BOARD SHORT TERM RENTAL ENFORCEMENT TASK FORCE TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT OPEN DIALOGUE Non-Agenda Items Each Speaker will be allowed 3 minutes 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://clerk.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 TChelius(&vbgov.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/rO834c69c44f7307ff36el 6908bc23 8a3 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on January 2, 2024. CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B S E S DATE:12/12/2023 PAGE: I 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 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 I. CITY COUNCIL'S BRIEFINGS A. SPRING AND SUMMER FESTIVAL Nancy Helman, Director —Convention and Visitors Bureau B. AUDITED FINANCIAL RESULTS FOR Logan Booth, Audit THE FISCAL YEAR ENDED JUNE 30, Senior Manager—Cherry 2023 Bekaert Advisory,LLC Kevin Kielbasa,Finance Controller C. CITY OF VIRGINIA BEACH FINANCIAL David Rose,Senior Vice MANAGEMENT President,and Manager of Public Finance— Davenport&Company Kyle Laux,Senior Vice President—Davenport& Company 11-V CERTIFICATION OF CLOSED CERTIFIED 10-0 Y Y Y l 1' l Y Y Y Y A-F SESSION G. MAYOR'S PRESENTATION l. RESOLUTION IN RECOGNITION- Norfolk Academy Field Hockey K.1. Ordinance to AUTHORIZE an Amendment of ADOPTED,AS 9-0 Y Y Y Y Y Y Y Y Y a Sponsorship Agreement for a festival to be AMENDED,BY li held April 26-28,2024,and to AUTHORIZE a CONSENT S Sponsorship Agreement for May 31-June 2, I 2024, and PROVIDE direction to the City A Manager re the 2025 Festival Season 1 N F, D K.2. Resolution to ESTABLISH the Short-Term ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y Rental Enforcement Task Force(Requested by CONSENT Mayor Dyer,Vice Mayor Wilson,and Council Members Berlucchi,Remick,Ross-Hammond, Schulman,Taylor,and Wooten) K.3. Ordinance to AUTHORIZE the Dedication of ADOPTED,BY 9_0 Y Y Y Y Y Y Y Y A Y a 9,708 square feet (0.223 acres) Utility CONSENT B Easements to Dominion Energy Virginia on S City-owned properties at 2283,2285 and 2287 T Landstown Road re install and maintain A underground cable for electric facilities to 1 reduce power outages N E D K.4. Ordinance to AUTHORIZE the Dedication of ADOPTED,BY 9-0 Y Y Y Y Y Y Y Y A Y a 323 square feet(0.007 acres)Utility Easement CONSENT B to Dominion Energy Virginia on City-owned S property at 4200 North Witchduck Road re T underground and maintain facilities that A provide electric service to the Pump Station I to reduce power outages N E D CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B S E S DATE: 12/12/2023 PAGE: 2 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 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 K.5. Ordinance to AUTHORIZE the Dedication of ADOPTED,BY 9-0 Y Y Y Y Y Y Y Y A Y a 1,253 square feet (0.0288 acres) Utility CONSENT B Easement to Dominion Energy Virginia on S City-owned property at 2401 Plantation Drive T re underground and maintain facilities that A provide electric service to the Pump Station I to reduce power outages N E D K.6. Ordinance to AUTHORIZE the Dedication of ADOPTED,BY 9-0 Y Y Y Y Y Y Y Y A Y a 213 square feet(0.005 acres)Utility Easement CONSENT B to Dominion Energy Virginia on City-owned S property at 3030 Bray Road re underground T and maintain facilities that provide electric A service to the Pump Station to reduce power I outages N E D K.7. Ordinance to DESIGNATE as EXEMPT from ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y Local Property Taxes re Commonwealth of CONSENT Charities K.8. Ordinance to DESIGNATE as EXEMPT from ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y Local Property Taxes re Virginia Beach CONSENT Recovery Club,Inc K.9. Ordinance to DESIGNATE as EXEMPT from ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y Local Property Taxes re Hospice House of CONSENT Hampton Roads K.10. Ordinance to DESIGNATE as EXEMPT from ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y Local Property Taxes re Only His Grace,Inc CONSENT K.11. Ordinance to DESIGNATE as EXEMPT from ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y Local Property Taxes re Skilled Foundations CONSENT K.12. Ordinance to DESIGNATE as EXEMPT from ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y Local Property Taxes re Speak Up for a CONSENT Change K.13. Ordinance to AUTHORIZE the acquisition of ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y an Agricultural Land Preservation (ARP) CONSENT easement from Muddy Creek Farms, LLC (143.38+/-acres),the issuance by the City of its contract obligations in the maximum principal amount of $2,025,959 and TRANSFER funds to purchase U.S.Treasury Strips K.14. Ordinance to AUTHORIZE the City Manager ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y to EXECUTE a Lease for City-owned property CONSENT for up to five (5) years at Virginia Beach Farmer Markets,Building 2,Space 12 re The Country Butcher Shop,Inc Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y $196,004 from the State Compensation Board CONSENT to the FY 2023-24 Clerk of Circuit Court Operating Budget re salary increase CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B S E S DATE: 12/12/2023 PAGE: 3 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 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.1. RUFFIN 86, LLC for a Variance to Section DEFERRED TO 10-0 Y Y Y Y Y Y Y Y Y Y 4.4(c) of the Subdivision Regulations re JANUARY 2,2024,BY demolish three(3)dwelling units to construct CONSENT one-single family dwelling at 109 A&B 86th Street&8600 Ocean Front Avenue DISTRICT 6 L.2. BONNEY BRIGHT SAND CO./BONNEY APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y Y G.BRIGHT for a Modification of Conditions MODIFIED/ to a Conditional Use Permit re borrow pit CONDITIONED,BY expansion at 200 Princess Anne Road CONSENT DISTRICT 2 L.3. AMBERLY CARTER/LONGBAY POINT APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y Y PARTNERS, LLC for a Modification of MODIFIED/ Conditions to a Conditional Use Permit re CONDITIONED,BY assembly use at 2105 West Great Neck Road CONSENT DISTRICT 8 L.4. MICHAEL D.SIFEN,INC/ROBERT W. APPROVED/AS 9-0 Y Y Y Y Y Y Y A Y Y WHITE JR. & ET AL, ROBERT W. PROFFERED,BY B WHITE JR. for a Conditional Change of CONSENT S Zonine from AG-1 & AG-2 Agricultural T Districts to Conditional R-10 Residential A District re develop a 38-lot single-family I subdivision at 2000 & 2004 Princess Anne N Road DISTRICT 2 E D L.S. ANNA CASTILLO-LORA / WINDSOR APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y Y OAKS WEST PAR 3,LLC for a Conditional CONDITIONED,BY Use Permit re assembly use at 4356 Holland CONSENT Road,Suite 101 DISTRICT 3 L.6. Ordinance to AMEND Section 1804 oftheCity APPROVED,BY 9-1 Y Y N Y Y Y Y Y Y Y Zoning Ordinance (CZO) re Discretionary CONSENT Development Applications L.7. Ordinance to AMEND Sections 237 and 901 of APPROVED,BY 8-2 Y Y Y Y Y Y Y N Y N the City Zoning Ordinance (CZO) re use of CONSENT mini-warehouses in the B-4C Zoning District M. APPOINTMENTS RESCHEDULED B Y C O N S E N S U S BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD DEFERRED COMPENSATION BOARD GREEN RIBBON COMMITTEE HAMPTON ROADS TRANSPORTATION PLANNING ORGANIZATION HISTORIC PRESERVATION COMMISSION IN-HOUSE PHARMACY EXPLORATORY COMMITTEE MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OLD BEACH DESIGN REVIEW BOARD OPEN SPACE ADVISORY COMMITTEE PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD SENIOR SERVICES OF SOUTHEASTERN VA BOARD URBAN AGRICULTURE ADVISORY COMMITTEE CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B S E S DATE:12/12/2023 PAGE: 4 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 I. A 1 O U M L S T AGENDA H E 1 N C N S A O O E ITEM# SUBJECT MOTION vOl L I R 1 T K D E N R N N VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD PARKS AND RECREATION Appointed: 10-0 Y Y Y Y Y Y Y Y Y COMMISSION Myra Payne— Representing District 6 Unexpired thru 8/31/2026 N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT 6_4 PM