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HomeMy WebLinkAboutAUGUST 17, 2021 FORMAL SESSION MINUTES A:off'. r • wit s 'aee0s 4��„tY'rF VIRGINL4 BEACH CITY COUNCIL Virginia Beach, Virginia August 17, 2021 Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in City Council Chamber, City Hall, on Tuesday, August 17, 2021, at 4:00 P.M Council Members Present: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Sabrina D. Wooten—Ill 2 MAYOR'S FORMAL SEATING OF CITY COUNCIL ITEM#71896 Mayor Robert M.Dyer Vice Mayor James L. Wood Louis R. Jones Rosemary Wilson Barbara M.Henley Sabrina D. Wooten John D.Moss Guy K. Tower N.D. "Rocky"Holcomb Michael F. Berlucchi Aaron R. Rouse August 17, 2021 3 CITY COUNCIL'S BRIEFING EDUCATION AND LONGEVITY INCENTIVES ITEM#71897 4:01 P.M. Mayor Dyer welcomed Sheriff Kenneth Stolle. Sheriff Stolle expressed his appreciation to City Council for their continued support. Sheriff Stolle provided an overview of the Sheriff Department's Education / Longevity Incentives: ; , Education/Longevity Incentives ; ; ❑Afforded to Police Department as part of FY22 budget ❑Sheriff's Office has achieved pay parity with Police through separate Council action ❑Incentives already provided by Sheriff total$350K ❑ Education($293K)and Lawfit($57K) ❑ Funded with vacancy savings ❑Plan afforded to Police would cost Sheriff$595K in FY22 ❑ Education($275K)for approximately 145 sworn ❑ Longevity($320K)for approximately 300 sworn ❑ Funded with additional vacancy savings of$245K in FY22 Education/Longevity Incentives U Vacancy savings for prior 3 years: ❑ FY21$1.8M(average of 30 vacancies) ❑ FY20$1.4M(average of 23 vacancies) ❑ FY19$1.1M(average of 18 vacancies) ❑Separations and leave payouts for prior 3 years: ❑ FY21 67 separations costing$603K ❑ FY20 55 separations costing$690K ❑ FY19 58 separations costing$400K ❑Other costs affecting availability of vacancy savings: ❑ FY21 Health Ins$445K overage&additional OT$362K ❑ FY20 Health Ins$549K overage&OT surplus of$200K ❑ FY19 Health Ins$449K overage&additional OT$92K August 17, 2021 4 CITY COUNCIL'S BRIEFING EDUCATION AND LONGEVITY INCENTIVES ITEM#71897 (Continued) Sheriff Stolle advised a request for approximately$293,000 for educational incentives may be necessary later in this fiscal year iffunding is not available within the vacancy savings: Education/Longevity Incentives ; ; ❑OT was introduced into Sheriff's budget in FY12 ❑Comp time was the norm up until that time ❑ Estimated leave balances still between$2-$3 million ❑Leave payouts will continue to be high as staff with longevity separate(average of$560K over 5-year period) ❑Expect to possibly need Council action near FY end to accommodate leave payouts Mayor Dyer expressed his appreciation to Sheriff Stolle for the presentation. August 17, 2021 6 CITY COUNCIL COMMENTS ITEM#71899 4:46 P.M. Council Member Moss advised he attended the Bikeways and Trails Advisory Committee (BTAC) and expressed his appreciation to stafffor their work to submit the bid for$15-Million, through the Department of Transportation,for the bike trail to run from Newtown Road to Constitution Drive. August 17, 2021 6 CITY COUNCIL COMMENTS ITEM#71899 4:46 P.M. Council Member Moss advised he attended the Bikeways and Trails Advisory Committee (BTAC) and expressed his appreciation to stafffor their work to submit the bid for$15-Million, through the Department of Transportation,for the bike trail to run from Newtown Road to Constitution Drive. August 17, 2021 7 CITY COUNCIL COMMENTS ITEM#71900 (Continued) Council Member Moss advised on August 13th, he attended the Stormwater Workshop with industry and staff members and believes progress is being made but believes the Body will see issues on how to allocate risk and cost participation with regional BMP's coming forward. August 17, 2021 8 CITY COUNCIL COMMENTS ITEM#71901 (Continued) Council Member Moss advised he does not like appointing City Council Members and is going to submit a request to change the City's Charter from appointing City Council Members to requiring a special election to take place within sixty(60)days to allow the public to decide. August 17, 2021 9 CITY COUNCIL COMMENTS ITEM#71902 (Continued) Council Member Moss requested an update on Wheelabrator and the landfill in Suffolk as well as the executive report from Hampton Roads Transportation Planning Organization on all of the projects mentioned in the newspaper. August 17, 2021 10 CITY COUNCIL COMMENTS ITEM#71903 (Continued) Council Member Moss advised he will attend the Tea Party meeting on September 2"d, to discuss the Bond Referendum and will provide the Body with all of the questions he has been asked to help them prepare to answer the same questions if they are asked. August 17, 2021 11 CITY COUNCIL COMMENTS ITEM#71904 (Continued) Council Member Tower advised he assumed the City Manager was included on the City Council email distribution list and recently learned that was not the case. Council Member Tower advised in the future he will forward emails pertinent to the City Manager, not necessarily for a response but rather for his own awareness of issues and concerns. August 17, 2021 12 AGENDA REVIEW SESSION ITEM#71905 4:36 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: J. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND City Code Sections: a. 2-20 re dates of Regular City Council Meetings(requested by City Council) b. 35-158, 35-159 and 35-161 re tax on transients obtaining lodging 2. Resolution to APPROVE participation in the Virginia Abatement Fund and AUTHORIZE the Execution of a Settlement Allocation Memorandum of Understanding(MOU) 3. Resolution to AUTHORIZE the issuance of Residential Care Facility Revenue Bonds not to exceed $110-Million by the City of Virginia Beach Development Authority (VBDA) re Westminster- Canterbury on Chesapeake Bay 4. Ordinance to APPROVE a Cooperative Agreement between the City Council and the School Board re legal services provided to the School Board and School Administration by the City Attorney in FY 2022 5. Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned Property known as Pike Inlet located at the rear of 329 Teal Crescent re rebuild and maintain an existing dock and construct and maintain a proposed dock addition and bulkhead 6. Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned Property known as 352 Tuna Lane located adjacent to 2713 Bluebill Drive re maintain an existing rip rap revetment,block wall and bulkhead and construct and maintain floating pier and access ramp 7. Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned Property located between the Sandy Beach and the Boardwalk by Oceanfront Investments, LLC re remove two (2) sets of existing wooden stairs and construct and maintain two (2) new sets of wooden stairs 8. Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned Property known as Lake Joyce and the 25'Strip of City property around Lake Joyce located at the rear of 2344 Bayville Road re construct and maintain a vinyl bulkhead,pump house, boat ramp and wood dock 9. Ordinance to APPROPRIATE $525,547 to the Clerk of Circuit Court Operating Budget re technology related expenses J. ORDINANCES/RESOLUTIONS: COUNCIL MEMBER MOSS WILL ABSTAIN ON ITEM#2 COUNCIL MEMBER'S JONES, WILSON AND VICE MAYOR WOOD WILL ABSTAIN ON ITEM#3 ITEM#3 WILL BE CONSIDERED SEPARATELY ITEM#4 WILL BE CONSIDERED SEPARATELY August 17, 2021 13 AGENDA REVIEW SESSION ITEM#71905 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: K. PLANNING 1. THOMAS A. BROWN for a Variance to Section 4.4 (b & d) of the Subdivision Regulations re direct access to a public street and street line frontage requirements at 2888 Indian River Road DISTRICT 7—PRINCESS ANNE(Deferred from August 3, 2021) 2. THOMAS A. BROWN for a Variance to Section 4.4 (b & d) of the Subdivision Regulations re direct access to a public street and street line frontage requirements at 2892 Indian River Road DISTRICT 7—PRINCESS ANNE(Deferred from August 3, 2021) 3. ROBERT NELSON,ET AL.for a Variance to Section 4.4(b) of the Subdivision Regulations and Floodplain Variance to Section 4.10 of the Floodplain Ordinance re lot area and develop a single- family dwelling at West Landing Road DISTRICT 7—PRINCESS ANNE 4. H.MARTIN SNEAD,III&LINDA P.SNEAD fora Street Closure re 7.5-foot by 50 footportion of an unimproved alley adjacent to 828 Vanderbilt DISTRICT 6—BEACH 5. ATLANTIC PARK, INC. & CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY (VBDA)for a Street Closure re portions of 18th Street between Pacific and Arctic Avenues DISTRICT 6—BEACH 6. ATLANTIC PARK, INC. / CITY OF VIRGINL4 BEACH DEVELOPMENT AUTHORITY (VBDA) for a Special Exception for Alternative Compliance re maximum building height, setbacks and types, including several conditional uses for residential, commercial, structured parking, indoor/outdoor entertainment venue and an outdoor surf park located at the block bordered by Arctic and Baltic Avenues, 19th and 20`h Streets and double block bordered by Pacific and Arctic Avenues DISTRICT 6—BEACH 7. DESIGN BY ELENI,INC.for a Change in Nonconformity re redevelop the existing duplex with a taller and larger duplex at 2416 Seaview Avenue DISTRICT 4—BAYSIDE 8. VIRGINIA BEACH DEVELOPMENT AUTHORITY&LYNN-LYNNE,LLCfor a Modification ofProffers and a Conditional Change ofZoningfrom Conditional B-2 Community Business District to Conditional B-2 Community Business District & Conditional I-1 Light Industrial District re adjustment to Corporate Landing Business Park boundary for an expansion of appliance and service business at 1941 General Booth Boulevard and a portion of Corporate Landing Business Park DISTRICT 7—PRINCESS ANNE August 17, 2021 14 AGENDA REVIEW SESSION ITEM#71905 (Continued) 9. WESLEY D. BOYD /CAPITAL FINANCE, INC.for a Modification of Conditions re tattoo parlor at 172 South Plaza Trail, Suite E(Approved April 16, 2019)DISTRICT 6—BEACH 10. COSMO'S CORNER,INC./KNRM ENTERPRISE,LLC&NELSON INDUSTRIES,LLC for a Modification of Conditions re commercial kennel at 503, 505, 507, & 511 Central Drive (Approved August 12, 2008)DISTRICT 6—BEACH 11. ELMS PROPERTIES VIRGINL4 BEACH INDEPENDENCE,LLC for a Conditional Change of Zoning from Conditional B-1 Neighborhood Business to Conditional B-2 Community Business re operate a commercial retail store at 2749 South Independence Boulevard DISTRICT 1 — CENTERVILLE 12. WITCHDUCK MEDICAL ASSOCIATES, LLC for a Conditional Change of Zoning from A-12 Apartment District to Conditional 0-1 Office District re office-type uses at 4501 North Witchduck Road DISTRICT 4—BAYSIDE 13. WINNER'S PROPERTIES,LLC/HAYNES FURNITURE CO.INC. & CH&B ASSOCIATES, LLP for a Conditional Change of Zoning from A-12 Apartment District and Conditional B-2 Community Business District to Conditional B-2 Community Business District re 3.91 acres and Conditional Use Permits re auto storage yard and car wash facility at 325, 349&361 Nelms Lane DISTRICT 2—KEMPSVILLE 14. KABP DEVELOPMENT, LLC for a Conditional Use Permit re eating and drinking establishment at the corner of Fisher Arch & Princess Anne Road, West of 2033 Fisher Arch DISTRICT 7—PRINCESS ANNE 15. JEFFREY HEITKAMP / JEFFREY & MELINAMAE HEITKAMP for a Conditional Use Permit re home occupation—retail sales at 1140 Cordova Court DISTRICT 7—PRINCESS ANNE 16. Ordinance to AMEND Section 242.1 of the City Zoning Ordinance (CZO) re Tattoo Parlors and Body Piercing establishments K PLANNING ITEMS: ITEM#1 WILL BE CONSIDERED SEPARATELY ITEM#2 WILL BE CONSIDERED SEPARATELY ITEM#3 WILL BE CONSIDERED SEPARATELY ITEM#10 WILL BE CONSIDERED SEPARATELY ITEM#11 WILL BE CONSIDERED FOR DEFERRAL TO SEPTEMBER 7,2021 ITEM#13 WILL BE CONSIDERED SEPARATELY ITEM#15 WILL BE CONSIDERED FOR WITHDRAWAL August 17, 2021 15 ITEM#71906 Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose: LEGAL MATTERS: Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in open meeting would adversely affect the negotiating or litigating posture of the public body pursuant to Section 2.2-3711(A)(7). • Adams Outdoor Advertising v. City of Virginia Beach PUBLIC CONTRACT: Discussion of the award of a public contract involving expenditure of public funds, and discussion of terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(29) • 5/31 Memorial Consultant PERSONNEL MATTERS: Discussion, consideration, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees of any public body pursuant to Section 2.2-3711(A)(1) • Council Appointments: Council, Boards, Commissions, Committees,Authorities,Agencies and Appointees August 17, 2021 16 ITEM#71906 (Continued) Upon motion by Council Member Moss, seconded by Council Member Tower, City Council voted to proceed into CLOSED SESSION at 4:48 P.M. Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Sabrina D. Wooten Closed Session 4:48 P.M. —5:55 P.M. August 17, 2021 17 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL AUGUST 17,2021 6:00 P.M. Mayor Dyer called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday,August 17, 2021, at 6:00 P.M. Council Members Present: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Sabrina D. Wooten—Ill INVOCATION: Dr. Kelly J. Burris Senior Pastor, Kempsville Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Member Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard Hanna Real Estate Services("Howard Hanna'), who's Oceanfront Office is located at 303 34`h Street Suite 102, Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size of Howard Hanna, and the volume of transactions it handles in any given year, Howard Hanna has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act(the "Act'), it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review of the agenda for any given meeting of the Council, she identifies a matter in which she has a `personal interest,"as defined in the Act,she will file the appropriate disclosure letter to be recorded in the official records of the City Council. Council Member Wilson regularly makes this disclosure. Her letter of February 20, 2018 is hereby made part of the record. August 17, 2021 18 Council Member Rosemary Wilson also DISCLOSED she has a personal interest in Dixon Hughes Goodman and receives income from the firm as a result of her late husband's employment. The income is proceeds from the sale of his partnership interest,paid out over an extended period of time. She is not an employee of Dixon Hughes Goodman, does not have any role in management of the company and does is not privy to its client list. However, due to the size of Dixon Hughes Goodman and the volume of transactions it handles in any given year,Dixon Hughes Goodman may have an interest in matters of which she has no personal knowledge. In that regard, she is always concerned about the appearance of impropriety that might arise if she unknowingly participates in a matter before City Council in which Dixon Hughes Goodman has an interest. In order to ensure her compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is her practice to thoroughly review each City Council agenda to identifi,any matters in which she might have an actual or potential conflict. If, during her review of an agenda,she identifies a matter in which she has a `personal interest", as defined by the Act, she will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Council Member Wilson's letter of June 2, 2015 is hereby made a part of the record. August 17, 2021 19 ITEM— VII-E CERTIFICATION ITEM#71907 Upon motion by Council Member Wilson, seconded by Council Member Moss, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Sabrina D. Wooten August 17, 2021 ���1''Bc a14 yt, , ,.r ow, ' l rY use ,, ? ,,,, tf 0 S OF OUR N.t�01i RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,pursuant to the affirmative vote recorded in ITEM#71906 Page 16 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS:Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a)only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. A da antes, MMC City Clerk August 17, 2021 20 ITEM— VILF.1 MINUTES ITEM#71908 Upon motion by Council Member Jones, seconded by Council Member Wilson, City Council APPROVED, the MINUTES of the INFORMAL and FORMAL SESSIONS of August 3,2021 Voting: 8-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R.Jones,John D.Moss, Guy K. Tower,Rosemary Wilson and Vice Mayor James L. Wood Council Members Abstaining: N. D. "Rocky"Holcomb Aaron R. Rouse Council Members Absent: Sabrina D. Wooten August 17, 2021 G�NII+'Bt4C J� "xi, .%; • i .- �oy94 Op oUR NAT�o .0 tO 'fs RESOLUTION WHEREAS:Jessica P.Abbott graduated from Kellam High School in 2007,the American College of Financial Services in 2015 with LUTCF and FSCP designations, is a FEMA-certified insurance agent, and has managed her family's insurance business since 2008;and WHEREAS:Jessica was first elected to serve on the Virginia Beach City Council in 2017 at the age of27,being the first Millennial and the youngest candidate ever elected in the City. She was re-elected to serve a second four-year term in 2020 by a wide margin,receiving 120,136 votes-the most ever for a contested City Council race.;and Wl` REAS.:Jessica served as City Council liaison to the Community Services Board, the Elizabeth River-Eastern Branch project, the Historic Kempsville Citizen Advisory Committee, the Public Library Board and the Process Improvement Committee;and WHEREAS:Jessica advocated for Rails-to-Trails idea during her first campaign as an alternative use of the eleven miles that run across the city in hopes of eventually creating an urban trail to connect to the oceanfront;and WHEREAS:Jessica worked recently to secure increased funding for flood mitigation projects and green space, investments in public safety and education. Most recently,Jessica successfully advocated for the city to pursue a RAISE (Rebuilding American Infrastructure with Sustainability and Equity)federal grant for funding the westernmost three miles of the Norfolk-Southern right-of-way into an urban trail,•and WHEREAS:Jessica was instrumental in crafting the past two budgets by crafting and brokering support for the City's $2.2-Billion budget,supporting the city's priorities without tax or fee increases;and NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby congratulate and offer sincere appreciation to JESSICA P.ABBOTT for her many achievements and honor a public servant who deserves our deepest gratitude and respect for all that she has done for the City of Virginia Beach and its citizens. Given under our hands this 17h day of August,2021. d 1. . iLILA t-Th.litZur--- Council Member Michael F.Berlucchi Counc ember Barbara M.Henley '4)6161?".7.3- r./LIM-- i Council Memb ouis R.Jones uncil Mem er John D.Moss Cou ' Mem er Aaron .� - 4 __. Member Guy K.Tower Council Membe osemary Wilson Member Sabrina D.Wooten st ..e.: Vic•i,r j+mes L Wood Mayor Robert M." y"Dyer 21 ITEM— VII.G.1a MAYOR'S PRESENTATION ITEM#71909 RESOLUTION IN RECOGNITION JESSICA P.ABBOTT Council Member Moss, on behalf of Mayor Dyer and City Council, welcomed the Honorable Jessica P. Abbott,former Kempsville District Council Member, and presented her with a Resolution recognizing her commitment to public service while serving as the youngest elected Council Member in history and receiving the most votes in a contested City Council race. Mrs. Abbott expressed her appreciation and advised it has been an honor serving the City she loves and is especially proud to say she is from Kempsville and hopes as her children grow up, they will feel the same pride. Mrs. Abbott expressed her appreciation to staff for all of their support and knowledge, as it was a tremendous learning experience, and she is hopeful to one day serve on City Council again. August 17, 2021 22 ITEM— VIL G.1 b MAYOR'S PRESENTATION ITEM#71910 RESOLUTION IN RECOGNITION ANDREW"ANDY"FRIEDMAN Mayor Dyer welcomed the Andrew `Andy" Friedman, Director — Housing and Neighborhood Preservation, and presented him with a Resolution upon his retirement from the City to recognize his thirty- four(34)years of service. Mr. Friedman began his career as a Management Analyst in the Department of Housing and Community Development rising to Director in 1993. Throughout his career, Mr. Friedman has been recognized for his vast knowledge in housing and preventing homelessness with appointments to state and local boards and receiving several awards. Most notably, his induction into the Virginia Beach City Employee Hall of Fame in 2018. Mr. Friedman expressed his appreciation to City Council for this recognition and is proud to have worked for the City. Mr. Friedman advised as a collective Body, both past and present, he was provided the leadership and direction that was necessary for him to accomplish so many things including the Housing Resource Center. Mr. Friedman expressed his appreciation to past and present City Managers, Deputy City Managers, colleagues and his stafffor all of their support and hard work over the years. Mr.Friedman also expressed his appreciation to his wife, Barbara, for her continuous support and making him the "lucky"one. August 17, 2021 �NV+�BFA 1` CMG (c u,k.cc.;i-(si-._.1.4,.c,, _. zk` ayes of ouNne, RESOLUTION WHEREAS:Andrew `Andy"Friedman began his long and successful career with the City on October 27, 1986 as a Management Analyst in the Department of Housing and Community Development;and WHEREAS: He earned a Bachelor of Arts in Communications from Antioch College and a Master of Science in Environmental Studies from the University of Wisconsin-Green Bay;and WHEREAS:Since 1993,Andy has served as Director of the Department ofHousing and Neighborhood Preservation,which includes the divisions of Code Enforcement,Homeless Services,Housing Development,Rental Housing,and the Director's Office;and WHEREAS:Through his strategic direction and leadership,the department has grown to a staff of 90 dedicated members who are responsible for Operating a multi-million-dollar rental subsidy program that enables more than 2,000 households to obtain decent,safe,and affordable housing;addressing an average of 34,000 code violations annually to ensure residents live in vibrant,safe homes,and neighborhoods;assisting households with necessary home repairs or modifications so they can continue to live in their homes safely and comfortably;preventing and ending homelessness for thousands of families and individuals in Virginia Beach; managing millions in new grant funding and implementing new programs to help keep residents stably housed or sheltered during the COVID-19 pandemic;and WHEREAS:Andy was responsible for securing and managing the federal grant that funded the comprehensive, multi- department revitalization effort of10 predominately African American neighborhoods and ensured the successful completion of the project in 1998;and WHEREAS:He played an indispensable role in developing the one-of-a-kind Virginia Beach Housing Resource Center, which consolidates housing, shelter, and other key resources for families and individuals experiencing homelessness or a housing crisis;and WHEREAS:Andy has fostered community partnerships and regional collaboration on expanding housing opportunity and addressing homelessness as chair of the BEACH Governing Board and a founding member of the South Hampton Roads Regional Task Force on Ending Homelessness,Housing Virginia,and Virginia Housing Alliance;and WHEREAS:His vast knowledge in housing and homelessness has earned him appointments to state level boards and committees by three Virginia governors, including his most recent appointment to the state Board of Housing and Community Development in 2018;and WHEREAS:His commitment to serving all citizens and promoting housing as a basic human right has been recognized twice by the City's Human Rights Commission,earning him the Human Rights Award in 2000 and the Meyera E.Oberndorf Human Rights Achievement in Government Award in 2010;and WHEREAS.He was inducted into the Virginia Beach City Employee Hall of Fame in 2018,the highest honor that can be bestowed on employees who exemplify the City's values and consistently go above and beyond in their service to our citizens and community;and WHEREAS: On this day, we honor a public servant and leader for his exemplary service, unquestionable integrity, remarkable record of accomplishments,and inspiration to effect positive change that has improved the quality of life for our residents and helped make Virginia Beach the best place to live. NOW, THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council hereby expresses its appreciation to ANDREWM.FRIEDMANfor his outstanding contributions to our City during his 34 years of public service and extends its congratulations on the occasion of his well-earned retirement. Given under our hand ' 1 of August,2021. 0 I' it56/f‘ktc_,)11,4i--, POI-10-“ Courted I1em&er9.ichaefP.Berfucchi Co ncif ember, r6a N.7f CouncifItem6er 12: 6 Councif9Kem6e Louis I,Jones o limber John D.;Moss Councd3iem6 Aaron use 4k--._ . let ,N.--- Sakiii,__124:21a...k Cou 'filemfer buy IC'Tower CouncilWem6er unitary Wilson CounciI Ilem6erSabrina(D.Wooten f V' 9Ka r mes L Wood 9Vtayor 14)6ert 31. 'Bobby (Dyer 23 ITEM— VII.G.2 MAYOR'S PRESENTATION ITEM#71911 PROCLAMATION LOCAL HEROES DAY Mayor Dyer welcomed several Boy Scouts from Troop 493 and presented a Proclamation declaring JULY 17, 2021, "LOCAL HEROES DAY". The Mayor encouraged all citizens to join him in celebrating the inaugural CoastalEdge Local Heroes Day in giving thanks to the remarkable individuals who ensure the health and safety of all who live, work and visit Virginia Beach. August 17, 2021 0N1A•BFA ,i .t+"t -4 err + S F OUR N11‘ firottantation Whereas: Our locafheroes who serve as public safety officers and first responders, both career and volunteer, perform a vital public service and are recognized as heroic individuals who define the true meaning of valor andselssness;and Whereas: 'Facing immeasura6le risks every day, they demonstrate the highest degree of secflessness,placing concerns for their fellow citizen above their own safety;and Whereas: 'First responders, 'Emergency ,ledical Technicians ('E M7s) and paramedics stand ready to provide compassionate, lifesaving care, 24 hours a day, seven days a week to improve the survival and recovery of those in sudden need of care;and Whereas: Sheriffs Officers are called upon to fill, simultaneously, custodial supervisory, and counseling roles. The professionalism, dedication and courage exl:ibitedby these officers throughout the performance of these demanding and often conflicting roles, workto secure public safety and betterment of Virginia Beach;and 'W14ereas: Fire professionals eXhibit great courage and devotion,putting their lives in danger to safeguard the lives and property of our citizens;and Whereas: Police and public safety officers serve the people 6y safeguarding fife and property, 6y protecting them against violence and disorder, and by protecting the innocent against deception and the weakagainst oppression;and Whereas: AQ communities benefit directly from the knowledge, skiffs, and compassion of these highly trained individuals who continued to workthrough this unprecedented public health emergency;and Whereas: 'This Occasion provides us with an opportunity to recognize the day-day sacrifice and bravery of these local heroes. Now,2berefore, I, Ebert 31. Dyer, Mayor of the City of Virginia Beach,do hereby proclaim: July 17, 2021 Local5Ceroes Day In Virginia Beach, and I encourage all to join me celebrating the inaugural Coastaf'dge Local Iferoes Day in thanks to these remarkable individuals who ensure the health and safety of al[who five, work or visit Virginia Beach. In 'Witness 'Whereof, I have hereunto set my hand and caused the Official'Seal of the City of Virginia(Beach, Virginia, to 6e al,ted this Seventeenth day of July Two Thousand Twenty-One. °;r 9Zobert 31. 'Bobby"(Dyer Mayor -- 24 ITEM— VII.H.1 PUBLIC HEARING ITEM#71912 Mayor Dyer DECLARED a PUBLIC HEARING: CREATE THE ATLANTIC PARK COMMUNITY DEVELOPMENT AUTHORITY(CDA) The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION There being no additional speakers, Mayor Dyer CLOSED the PUBLIC HEARING August 17, 2021 25 ITEM— VII.I. FORMAL SESSION AGENDA ITEM#71913 Mayor Dyer read the Speaker Policy and advised for items where only one(1)speaker is registered, the City Clerk will call the speaker and they will be given three (3)minutes on each item they registered to speak. The City Clerk called for the following speaker: Barbara Messner,P. O.Box 514, spoke in OPPOSITION to Agenda Items Ordinances/Resolutions J: I a/b, 2, 5, 6, 7, 8 and 9 and Planning Items K: 4, 5, 6, 8, 9, 11, 12, 13, 14, 15 and 16 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,BY CONSENT,Agenda Items Ordinances/Resolutions J:la/b, 2, 5, 6, 7, 8 and 9 and Planning Items K: 4, 5, 6, 7, 8, 9, 11 (DEFERRED TO SEPTEMBER 7,2021), 12, 14, 15(WITHDRAWN) and 16 Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K Tower, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Sabrina D. Wooten J. ORDINANCES/RESOLUTIONS: COUNCIL MEMBER MOSS WILL ABSTAIN ON ITEM#2 COUNCIL MEMBER'S JONES, WILSON AND VICE MAYOR WOOD WILL ABSTAIN ON ITEM#3 ITEM#3 WILL BE CONSIDERED SEPARATELY ITEM#4 WILL BE CONSIDERED SEPARATELY K.PLANNING ITEMS: ITEM#1 WILL BE CONSIDERED SEPARATELY ITEM#2 WILL BE CONSIDERED SEPARATELY ITEM#3 WILL BE CONSIDERED SEPARATELY ITEM#10 WILL BE CONSIDERED SEPARATELY ITEM#13 WILL BE CONSIDERED SEPARATELY August 17, 2021 26 ITEM— VII.J.la ORDINANCES/RESOLUTIONS ITEM#71914 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AMEND City Code Section: a. 2-20 re dates of Regular City Council Meetings (requested by City Council) Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K Tower, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Sabrina D. Wooten August 17, 2021 REQUESTED BY CITY COUNCIL 1 AN ORDINANCE TO AMEND SECTION 2-20 OF THE CITY 2 CODE REGARDING THE DATES OF REGULAR CITY 3 COUNCIL MEETINGS 4 5 WHEREAS, the City Council desires to avoid scheduling conflicts that typically 6 occur on the first Tuesday of August, which is traditionally National Night Out, and any 7 Tuesday of November that is also the date of the November election; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA, THAT: 11 12 1. Section 2-20 of the City Code is hereby amended and reordained to read as 13 follows: 14 15 Sec. 2-20. Time and place of regular meetings. 16 17 (a) Regular formal meetings of the council shall be held in the Council Chamber of the 18 City Hall Building, Municipal Center, Virginia Beach, Virginia, on the first and third 19 Tuesdays of each month at 6:00 p.m., unless such date shall fall upon a legal holiday. If 20 however, the first Tuesday of November is the date of the general election, the November 21 regular formal meetings of the council shall instead be held on the second and third 22 Tuesdays of the month at 6:00 p.m. Additionally, the August regular formal meetings of 23 the council shall be held on the second and third Tuesdays of the month at 6:00 p.m., and 24 However, in July and December of each year, regular meetings shall instead be held on 25 the first two (2) Tuesdays of the month at 6:00 p.m. The council may also convene 26 informal meetings on the dates of regular formal meetings at such times as the council 27 may deem appropriate, and on the second and fourth Tuesday of every month except 28 July and December. Informal meetings, which shall be held in the Council Chamber or 29 Council Conference Room, as noted in the posted agenda for such meetings, and at 30 which no votes shall be cast, shall be for the purpose of discussing matters of interest to 31 the council, and receiving briefings/reports from the city manager, city staff and city 32 boards, commissions, committees and other city agencies. There shall be no informal 33 meeting on a Tuesday that is also the date of the general election. Closed session may 34 be convened in the Conference Room adjacent to the Council Chamber. The city 35 manager shall notify the public of the times of such informal meetings in advance thereof. 36 37 .... 38 39 2. The City Clerk shall cause a copy of this ordinance to be posted on the door of the 40 Council Chamber of the City Hall Building and a public notice of these changes to 41 be published in the Beacon. Adopted by the Council of the City of Virginia Beach, Virginia on the 17 thday of August , 2021. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA15513 R-2 August 5, 2021 27 ITEM— VILJ.lb ORDINANCES/RESOLUTIONS ITEM#71915 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AMEND City Code Section: b. 35-158, 35-159 and 35-161 re tax on transients obtaining lodging Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Sabrina D. Wooten August 17, 2021 1 AN ORDINANCE TO AMEND SECTIONS 35-158, 2 35-159, AND 35-161 OF THE CITY CODE 3 REGARDING THE TAX ON TRANSIENTS 4 OBTAINING LODGING 5 6 SECTIONS AMENDED: 35-158; 35-159; and 35-161 7 8 WHEREAS, 2021 Acts of Assembly Special Session c. 383 ("Chapter 383") 9 provides an overhaul of retail sales and use tax and local transient occupancy taxes, and 10 this legislation is effective September 1 , 2021; and 11 12 WHEREAS, the City Council desires to amend and reordain certain sections of the 13 City Code regarding the City's transient occupancy taxes to align with Chapter 383; 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 16 OF VIRGINIA BEACH, VIRGINIA, THAT: 17 18 1 . Sections 35-158, 35-159, and 35-161 of the City Code are hereby amended and 19 reordained as follows: 20 21 Sec. 35-158. Definitions. 22 23 Except where the context clearly indicates a different meaning, the following words 24 and phrases, when used in this article shall, for the purposes of this article, have the 25 meanings ascribed to them in this section: 26 27 Accommodations. "Accommodations" means any room or space for which tax is 28 imposed on the retail sale of the same pursuant to this article. 29 30 Accommodations fee. "Accommodations fee" means the room charge less the 31 discount room charge, if any, provided that the accommodations fee shall not be less than 32 $0. 33 34 Accommodations intermediary. "Accommodations intermediary" means any 35 person other than an accommodations provider that facilitates the sale of an 36 accommodation, charges a room charge to the customer, and charges an 37 accommodations fee to the customer, which fee it retains as compensation for facilitating 38 the sale. For purposes of this definition, "facilitates the sale" includes brokering, 39 coordinating, or in any other way arranging for the purchase of the right to use 40 accommodations via a transaction directly, including via one or more payment 41 processors, between a customer and an accommodations provider. "Accommodations 42 intermediary" does not include a person (1) if the accommodations are provided by an 43 accommodations provider operating under a trademark, trade name, or service mark 44 belonging to such person; or (2) who facilitates the sale of an accommodation if (i) the 45 price paid by the consumer to such person is equal to the price paid by such person to 46 the accommodations provider for the use of the accommodations and (ii) the only 47 compensation received by such person for facilitating the sale of the accommodations is 48 a commission paid from the accommodations provider to such person. 49 50 Accommodations provider. "Accommodations provider" means any person that 51 furnishes accommodations to the general public for compensation. The term "furnishes" 52 includes the sale of use or possession or the sale of the right to use or possess. An 53 Accommodations provider may be any public or private hotel, inn, hostelry, tourist home 54 or house, tourist camp, tourist cabin, camping grounds, motel, rooming house or other 55 lodging place within the city offering lodging, for compensation, to any transient. 56 57 Affiliate. "Affiliate" means with respect to any person, any other person directly or 58 indirectly controlling, controlled by, or under common control with such person. For 59 purposes of this definition, "control" (including controlled by and under common control 60 with) shall mean the power, directly or indirectly, to direct or cause the direction of the 61 management and policies of such person through ownership or voting securities or by 62 contract or otherwise. 63 64 City treasurer. "City treasurer" means the treasurer of the city and any of his or her 65 duly authorized deputies and agents. 66 67 Commissioner of revenue. "Commissioner of revenue" means the commissioner 68 of revenue of the city and any of his or her duly authorized deputies and agents. 69 70 Discount room charge. "Discount room charge"means the full amount charged by 71 the accommodations provider to the accommodations intermediary, or an affiliate thereof, 72 for furnishing the accommodations. 73 74 Lodging. "Lodging" means any room or rooms, lodging or space furnished to any 75 transient. 76 77 Lodging place. "Lodging place" means any public or private hotel, inn, hostelry, 78tourist cabin, camping grounds, motel, rooming 79 80 transient. 81 82 Retail sale. "Retail sale" means a sale to any person for any purpose other than 83 for resale. 84 85 Room charge. "Room charge" means the full retail price charged to the customer 86 by the accommodations intermediary for the use of the accommodations, including any 87 accommodations fee, before taxes. The room charge shall be determined in accordance 88 with 23VAC10-210-730 and the related rulings of the Virginia Department of Taxation on 89 the same. 90 91 Transient. "Transient" means any person who, for any period of not more than 92 ninety (90) consecutive days, either at his own expense or at the expense of another, 93 obtains accommodations lodging in from any lodging place accommodations provider. 94 95 The Commissioner of the Revenue may rely upon the processes and procedures 96 promulgated by the Virginia Department of Taxation to implement 2021 Acts of Assembly 97 Special Session c. 383 in the construction or interpretation of any of the above definitions 98 and the incidence of the tax authorized by this Article VII of Chapter 35 of the City Code. 99 100 Sec. 35-159. Levied; amount. 101 102 (a) There is hereby levied and imposed on each transient a tax equivalent to eight (8) 103 percent of the total amount paid for the use or possession of any room or space that 104 is suitable or intended for occupancy by transients for dwelling, lodging, or sleeping 105 purposes lodging, by or for any such transient, to any accommodations provider 106 lodging place, plus a flat tax of two dollars ($2.00) for each night of lodging at any 107 accommodations provider other than a campground. The percentage- 108 based portion of the tax rate shall be reduced by two and one-half (2.5) percent on 109 June 30, 2027. One dollar($1.00) of the flat tax dedicated to the Tourism Advertising 110 Program shall remain in effect through June 30, 2023, and the remaining one dollar 111 ($1.00) dedicated to the Tourism Investment Program shall be in effect through June 112 30, 2022. 113 114 (b) There is hereby levied and imposed on each transient within the Sandbridge Special 115 Service District (district) a tax, in addition to that levied in subsection (a) hereof, 116 equivalent to one and one-half percent of the total amount paid for accommodations 117 lodging within the district, by or for any such transient to any accommodations 118 provider lodging-place, excluding hotels, motels and travel campgrounds. 119 120 (c) The tax levied herein does not include the regional transient occupancy tax imposed 121 by the General Assembly and codified as § 58.1-1743 of the Virginia Code. 122 Subsection D of § 58.1-1743 requires the collection of the regional transient 123 occupancy tax to be collected in the same manner as a local transient occupancy 124 tax. 125 126 127 128 Sec. 35-161. Collection. 129 130 a. For any retail sale of accommodations not facilitated by an accommodations 131 intermediary, the accommodations provider shall collect the tax imposed pursuant 132 to this article, computed on the total price paid for the use or possession of the 133 accommodations, and shall remit the same to the City and shall be liable for the 134 same. 135 136 b. For any retail sale of accommodations facilitated by an accommodations 137 intermediary, the accommodations intermediary shall be deemed under this article 138 as a facility making a retail sale of an accommodation. The accommodations 139 intermediary shall collect the tax imposed pursuant to this article, computed on the 140 room charge. When the accommodations are at a hotel, the accommodations 141 intermediary shall remit the taxes on the accommodations fee to the City and shall 142 remit any remaining taxes to the hotel, which shall remit such taxes to the City. 143 When the accommodations are at a short-term rental, as defined in § 15.2-983 of 144 the Virginia Code, or at any other accommodations, the accommodations 145 intermediary shall remit the taxes on the room charge to the City. 146 147 c. An accommodations intermediary shall not be liable for taxes under this article 148 remitted to an accommodations provider but that are then not remitted to the City 149 by the accommodations provider. For any retail sale of accommodations facilitated 150 by an accommodations intermediary, an accommodations provider shall be liable 151 for that portion of the taxes under this article that relate to the discount room charge 152 only to the extent that the accommodations intermediary has remitted such taxes 153 to the accommodations provider. 154 155 d. In any retail sale of any accommodations in which an accommodations 156 intermediary does not facilitate the sale of the accommodations, the 157 accommodations provider shall separately state the amount of the tax in the bill, 158 invoice, or similar documentation and shall add the tax to the total price paid for 159 the use or possession of the accommodations. In any retail sale of any 160 accommodations in which an accommodations intermediary facilitates the sale of 161 the accommodation, the accommodations intermediary shall separately state the 162 amount of the tax on the bill, invoice, or similar documentation and shall add the 163 tax to the room charge: thereafter, such tax shall be a debt from the customer to 164 the accommodations intermediary. recoverable at law in the same manner as other 165 debts. 166 167 168 169 , 170 171 172 e. The taxes required to be collected under this section shall be deemed to be held 173 in trust by the person required to collect such taxes, until remitted as required in 174 this article. 175 176 2. The effective date of this ordinance is September 1, 2021. Adopted by the City Council of the City of Virginia Beach, Virginia, this 17 t h day of August , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: --zs City Manager's Office City Attorney's Office CA15491 R-2 August 3, 2021 28 ITEM— VILJ.2 ORDINANCES/RESOLUTIONS ITEM#71916 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Resolution to APPROVE participation in the Virginia Abatement Fund and AUTHORIZE the Execution of a Settlement Allocation Memorandum of Understanding(MOU) Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Vice Mayor James L. Wood Council Members Abstaining: John D. Moss Council Members Absent: Sabrina D. Wooten August 17, 2021 1 A RESOLUTION TO APPROVE PARTICIPATION IN THE 2 VIRGINIA ABATEMENT FUND AND TO AUTHORIZE THE 3 EXECUTION OF A SETTLEMENT ALLOCATION 4 MEMORANDUM OF UNDERSTANDING 5 6 WHEREAS, the City of Virginia Beach (the "City"), through its elected 7 representatives and counsel, and the Commonwealth of Virginia, through the Office of 8 the Attorney General, are separately engaged in national litigation seeking to recover 9 costs incurred and to be incurred in abating the opioid addiction epidemic that plagues 10 Virginia communities; 11 12 WHEREAS, the City and the Commonwealth of Virginia share a common desire 13 to abate and alleviate the impacts of the opioid addiction epidemic and to maximize 14 litigation recoveries from those third parties responsible for the same; 15 16 WHEREAS, in order to advance their common interests, Virginia localities 17 including the City and the Commonwealth of Virginia, through counsel, have extensively 18 negotiated the terms of a memorandum of understanding relating to the allocation and 19 use of such litigation recoveries; 20 21 WHEREAS, the City's outside opioid litigation counsel has recommended that the 22 City approve the proposed memorandum of understanding; and 23 24 WHEREAS, the City Attorney has reviewed the available information about the 25 proposed memorandum of understanding and concurs with the recommendation of 26 outside counsel; 27 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 29 OF VIRGINIA BEACH, VIRGINIA, THAT: 30 31 The City Council, a quorum of which is present on this day, hereby authorizes and 32 approves, or confirms authorization and approval, of the Virginia Abatement Fund and 33 Settlement Allocation Memorandum of Understanding attached hereto and incorporated 34 herein by reference thereto as Exhibit"A", and it directs the City Manager to execute and 35 enter into such Memorandum of Understanding on behalf of the City. Adopted by the Council of the City of Virginia Beach, Virginia, on the 17 t h day of September 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager's Office City Attorney's Office CA15512 R-1 August 3, 2021 VIRGINIA OPIOID ABATEMENT FUND AND SETTLEMENT ALLOCATION MEMORANDUM OF UNDERSTANDING WHEREAS,the people of the Commonwealth of Virginia and its communities have been harmed through the national and statewide epidemic caused by licit and illicit opioid use and distribution within the Commonwealth of Virginia; WHEREAS, the Commonwealth of Virginia, through the Office of Attorney General Mark R. Herring, and certain Political Subdivisions, through their elected representatives and counsel, are separately engaged in litigation seeking to hold those entities in the Pharmaceutical Supply Chain accountable for the damage caused; WHEREAS,the Commonwealth of Virginia and its Political Subdivisions share a common desire to abate and alleviate the impacts of the opioid epidemic throughout Virginia; and now THEREFORE, the Commonwealth of Virginia and certain of its Political Subdivisions, subject to completing formal documents effectuating the Parties' agreements, enter into this Virginia Opioid Abatement Fund and Settlement Allocation Memorandum of Understanding ("MOU") relating to the allocation and use of the proceeds of any Settlements as described herein. A. Definitions As used in this Virginia Term Sheet: 1. "The Commonwealth" shall mean the Commonwealth of Virginia acting through its Attorney General. 2. "Political Subdivision(s)" shall mean the Virginia counties and independent cities represented by Counsel. 3. "Participating Political Subdivisions" shall mean the Political Subdivisions, along with all Virginia counties and independent cities who agree to become signatories to this MOU and to be bound by the terms of future Settlements. 4. "Counsel" shall mean the undersigned private attorneys representing the Political Subdivisions. 5. "The Parties" shall mean the Commonwealth of Virginia, the Political Subdivisions,and Counsel. 6. "Negotiating Committee" shall mean a three-member representative group of the Parties. The Commonwealth shall be represented by the Virginia Attorney General or his designees. The Political Subdivisions and Counsel shall be represented by W. Edgar Spivey of Kaufman & Canoles, P.C. or his designee, and J. Burton LeBlanc of Baron& Budd, P.C. or his designee. 7. "Settlement" shall mean the negotiated resolution of legal or equitable claims against a Pharmaceutical Supply Chain Participant named in Complaints filed by all the Political Subdivisions in court on or before April 30, 2020 when that resolution has been jointly entered into by the Commonwealth, the Political Subdivisions, and Counsel. "Settlement" also shall include the approval by a United States Bankruptcy Court of a plan of reorganization or liquidation of a Pharmaceutical Supply Chain Participant, or any other determination, ruling, or decision by a United States Bankruptcy Court, in which legal or equitable claims against the Pharmaceutical Supply Chain Participant by the Commonwealth and the Political Subdivisions are settled,adjudicated,released, or otherwise resolved. 8. "Opioid Funds" shall mean monetary amounts obtained through a Settlement as defined in this MOU. 9. "Approved Abatement Purposes" shall mean efforts to treat, prevent, or reduce opioid use disorder or the misuse of opioids or to otherwise abate or remediate the 2 opioid epidemic, including but not limited to those efforts described in Section C(4)(a) through (j) of this MOU. In addition, "Approved Abatement Purposes" shall include the types of efforts approved for funding by the Authority that is defined in Section C(1). "Approved Abatement Purposes" also shall include any other abatement or remediation purposes to the extent such purposes are described in a Settlement. 10. "Pharmaceutical Supply Chain"shall mean the process and channels through which opioids or opioid products are manufactured. marketed, promoted, distributed or dispensed. 11. "Pharmaceutical Supply Chain Participant"shall mean any entity that engages in or has engaged in the manufacture, marketing, promotion, distribution, or dispensing of an opioid analgesic. B. Allocation of Settlement Proceeds 1. All Opioid Funds shall be initially divided with fifteen percent (15%) going to the Participating Political Subdivisions ("Subdivision Share"), seventy percent (70%) going to the Virginia Opioid Abatement Fund and to other Approved Abatement Purposes as further described herein ("Opioid Abatement Share"), and fifteen percent (15%) going to the Commonwealth of Virginia("Commonwealth Share"). 2. The Subdivision Share shall be allocated and paid to the Participating Political Subdivisions in accordance with the division of proceeds referenced in the schedule attached hereto as Exhibit A. The shares of Virginia counties and independent cities who elect not to become Participating Political Subdivisions, if any, shall be reallocated ratably to the Participating Political Subdivisions. 3 3. In the event a Participating Political Subdivision merges, dissolves, or ceases to exist,the allocation percentage for that Participating Political Subdivision shall be redistributed equitably based on the composition of the successor subdivision. 4. The Commonwealth Share shall be deposited to the Attorney General's Regulatory. Consumer Advocacy, Litigation, and Enforcement Revolving Trust Fund with moneys transferred to the Commonwealth's General Fund as provided by law. To the extent a Settlement requires that all Opioid Funds be used only for abatement or similar purposes, then the Commonwealth Share shall be deposited and distributed accordingly. 5. The Opioid Abatement Share of 70% of the Opioid Funds shall be allocated and paid as follows: a. Fifty-five percent (55%) of the Opioid Funds shall be allocated and paid to the Virginia Opioid Abatement Fund("Fund"). b. Fifteen percent (15%) of the Opioid Funds shall be allocated and paid to the Participating Political Subdivisions and shall be used for Approved Abatement Purposes ("Direct Subdivision Abatement Share"). Upon request, a Participating Political Subdivision shall make publicly available information showing the purposes for which the Participating Political Subdivision used Direct Subdivision Abatement Share funds. The Direct Subdivision Abatement Share shall be allocated and paid to the Participating Political Subdivisions in accordance with the division of proceeds referenced in the schedule attached hereto as Exhibit A. The shares of Virginia counties and independent cities who 4 elect not to become Participating Political Subdivisions, if any, shall be reallocated ratably to the Participating Political Subdivisions. 6. To the extent a Settlement requires that all Opioid Funds be used only for abatement or similar purposes,then the Subdivision Share and the Commonwealth Share shall be used for Approved Abatement Purposes. 7. To receive funds allocated under this MOU from any Settlement, the Commonwealth and the Participating Political Subdivisions will comply with the terms of any such Settlement, including, among other things, any reporting requirements or restrictions on the use of funds for administrative purposes. C. Virginia Opioid Abatement Fund and Virginia Opioid Abatement Authority 1. The Parties have sought creation of a Virginia Opioid Abatement Authority ("Authority") through legislation submitted to the Virginia General Assembly, which passed in the form attached hereto as Exhibit B. The Authority shall administer the Fund, which also shall be created through the legislation. The Authority shall seek to abate and remediate the opioid epidemic in Virginia through financial support from the Fund in the form of grants,donations,or other assistance, for efforts to treat,prevent,and reduce opioid use disorder and the misuse of opioids in Virginia. 2. The Authority shall be governed by a Board of Directors consisting of 11 members as follows: (i) the Secretary of Health and Human Resources, or his designee; (ii) the Chair of the Senate Committee on Finance and Appropriations or his designee and the Chair of the House Committee on Appropriations or his designee; (iii) an elected member of the governing body of a Participating Political Subdivision, to 5 be selected from a list of three submitted jointly by the Virginia Association of Counties and the Virginia Municipal League; (iv) one representative of a community services board or behavioral health authority of an urban or suburban region containing Participating Political Subdivisions and one representative of a community services board or behavioral health authority of a rural region containing Participating Political Subdivisions, each to be selected from lists of three submitted by the Virginia Association of Community Services Boards; (v) one sheriff of a Participating Political Subdivision,to be selected from a list of three submitted by the Virginia Sheriffs' Association; (vi) one licensed, practicing City or County Attorney of a Participating Political Subdivision, to be selected from a list of three submitted by the Local Government Attorneys of Virginia; (vii) two medical professionals with expertise in public and behavioral health administration or opioid use disorders and their treatment; and (viii) one representative of the addiction and recovery community. a. The members appointed pursuant to clause (i) shall serve ex officio, and the members appointed pursuant to clauses(iii)through(viii)shall be appointed by the Governor. b. After an initial staggering of terms, members of the Board shall serve terms of four years. No member shall be eligible to serve more than two terms. Any appointment to fill a vacancy shall be for the unexpired term. A person appointed to fill a vacancy may be appointed to serve two additional terms. Ex officio members shall serve terms coincident with their terms of office. 6 c. The Board shall elect annually a chairman and vice-chairman from among its membership. The chairman, or in his absence the vice-chairman, shall preside at all meetings of the Board. A majority of the members of the Board serving at any one time shall constitute a quorum for the transaction of business. The Board shall meet annually or more frequently at the call of the chairman. 3. The Authority shall establish specific criteria and procedures for awards from the Fund; establish requirements for the submission of funding requests; evaluate funding requests in accordance with the criteria established by the Authority;make awards from the Fund in a manner that distributes funds equitably among all community services board regions of the Commonwealth, including the establishment of minimum percentages of funds that must be awarded to each Participating Political Subdivision; and evaluate the implementation and results of all efforts receiving support from the Authority. 4. The Authority may make grants and disbursements from the Fund that support efforts to treat, prevent, or reduce opioid use disorder or the misuse of opioids or otherwise abate or remediate the opioid epidemic. Such efforts may include but shall not be limited to the following: a. Support treatment of opioid use disorder and any co-occurring substance use disorder or mental health conditions through evidence-based or evidence- informed methods,programs, or strategies. b. Support people in recovery from opioid use disorder and any co-occurring substance use disorder or mental health conditions through evidence-based or evidence-informed methods,programs, or strategies; 7 c. Provide connections to care for people who have, or are at risk of developing, opioid use disorder and any co-occurring substance use disorder or mental health conditions through evidence-based or evidence-informed methods, programs, or strategies; d. Support efforts, including law-enforcement programs, to address the needs of persons with opioid use disorder and any co-occurring substance use disorder or mental health conditions who are involved, or are at risk of becoming involved, in the criminal justice system through evidence-based or evidence- informed methods,programs, or strategies; e. Support drug treatment and recovery courts that provide evidence-based or evidence-informed options for people with opioid use disorder and any co- occurring substance use disorder or mental health conditions; f. Support efforts to address the needs of pregnant or parenting women with opioid use disorder and any co-occurring substance use disorder or mental health conditions, and the needs of their families, including babies with neonatal abstinence syndrome, through evidence-based or evidence-informed methods, programs,or strategies; g. Support efforts to prevent over-prescribing and ensure appropriate prescribing and dispensing of opioids through evidence-based or evidence-informed methods,programs, or strategies; h. Support efforts to discourage or prevent misuse of opioids through evidence- based or evidence-informed methods,programs, or strategies; 8 i. Support efforts to prevent or reduce overdose deaths or other opioid-related harms through evidence-based or evidence-informed methods, programs, or strategies; and j. Support efforts to provide comprehensive resources for patients seeking opioid detoxification, including detoxification services. 5. The Authority shall provide financial support only for efforts that satisfy the following conditions: a. The efforts shall be conducted or managed by a Virginia state agency or Participating Political Subdivision; b. No support provided by the Authority shall be used by the recipient to supplant funding for an existing program or continue funding an existing program at its current amount of funding; c. No support provided by the Authority shall be used by the recipient for indirect costs incurred in the administration of the financial support or for any other purpose proscribed by the Authority; and d. Recipients of support provided by the Authority shall agree to provide the Authority with such information regarding the implementation of the effort and allow such monitoring and review of the effort as may be required by the Authority to ensure compliance with the terms under which the support is provided. 6. The Authority shall give priority to applications for financial support for efforts that: 9 a. Collaborate with an existing program or organization that has an established record of success treating, preventing or reducing opioid use disorder or the misuse of opioids; b. Treat, prevent, or reduce opioid use disorder or the misuse of opioids in a community with a high incidence of opioid use disorder or opioid death rate relative to population; c. Treat, prevent or reduce opioid use disorder or the misuse of opioids in a historically economically disadvantaged community, as that term is defined in Va. Code § 56-576; or d. Include a monetary match from or on behalf of the applicant, with higher priority given to an effort with a larger matching amount. 7. For every deposit to the Fund,the Authority shall allocate a portion to the following purposes: a. Fifteen percent (15%) shall be restricted for use by state agencies; b. Fifteen percent (15%) shall be restricted for use by Participating Political Subdivisions with these funds distributed in accordance with the division of proceeds referenced in the schedule attached hereto as Exhibit A. The shares of Virginia counties and independent cities who elect not to become Participating Political Subdivisions, if any, shall be reallocated ratably to the Participating Political Subdivisions. c. Thirty-five percent (35%) shall be restricted for use for regional efforts (a partnership of at least two Participating Political Subdivisions within a community services board region);and 10 d. Thirty-five percent (35%) shall be unrestricted and may be used to fund the Authority's staffing and administrative costs and may be distributed for use by state agencies,by the Participating Political Subdivisions,or for regional efforts in addition to the amounts set forth in subparagraphs 7(a)-(c),provided that the Authority shall ensure that such funds are used to accomplish the purposes described above or invested as described immediately below. 8. In distributing money from the Fund, the Authority shall balance immediate and anticipated needs with projected receipts of funds in order to best accomplish the purposes for which the Authority is established. 9. The Board may designate any amount from the Fund to be invested,reinvested,and managed by the Board of the Virginia Retirement System. D. Payment of Counsel and Litigation Expenses 1. The Parties anticipate that any national Settlement will provide for payment of all or a portion of the attorneys' fees and litigation expenses of named plaintiff Participating Political Subdivisions. Counsel for any named plaintiff Participating Political Subdivision that seeks to recover attorneys' fees and litigation expenses from Settlement funds shall first seek to recover such fees and expenses from any national Settlement fund established to pay such fees and expenses. For such purposes,the Parties agree that the monetary recoveries obtained via Settlement are attributable to the Commonwealth and the Political Subdivisions 50%each. 2. In addition,the Parties agree that a supplemental attorneys' fees and costs fund(the "Deficiency Fund")will be created; provided,however,that such Deficiency Fund may not violate the terms of any national Settlement. In such event, the Parties 11 agree to exert diligent efforts to accomplish an alternate arrangement that preserves the payment of counsel and litigation expenses outlined hereunder. Administration of the Deficiency Fund shall be the responsibility of the Political Subdivisions,and the costs of administration may be paid out of the Deficiency Fund. 3. The Deficiency Fund is to be used to compensate counsel for the Participating Political Subdivisions that filed suit on or prior to April 30, 2020. Eligible contingent fee contracts shall have been executed on or before April 30,2020. 4. The Deficiency Fund shall be funded as follows: from any national Settlement,the funds deposited in the Deficiency Fund shall be 25%of the Subdivision Share and 25% of the Direct Subdivision Abatement Share of each payment (annual or otherwise)that is allocated to the Commonwealth of Virginia(including its political subdivisions) for that Settlement. These funds shall be deposited to the Deficiency Fund prior to distribution to the Participating Political Subdivisions. No portion of the Deficiency Fund shall be drawn from the Commonwealth Share or the Fund. 5. The maximum percentage of any contingency fee agreement permitted for compensation shall be 25% of the portion of the Subdivision Share and the Direct Subdivision Abatement Share attributable to the named plaintiff Participating Political Subdivision that is a party to the contingency fee agreement,plus expenses attributable to that named plaintiff Participating Political Subdivision. Under no circumstances may counsel collect more for its work on behalf of a named plaintiff Participating Political Subdivision than it would under its contingency agreement with that named plaintiff Participating Political Subdivision. 12 6. To the extent that funds available in the designated amounts or percentages set forth in this Section D are inadequate to fully pay amounts due under contingent fee contracts, funds shall be distributed to private counsel for named plaintiff Participating Political Subdivisions who filed suit and entered into contingent fee contracts prior to April 30, 2020 on a pro rata basis based on the percentage of the total population of named plaintiff Participating Political Subdivisions contained in the named plaintiff Participating Political Subdivision that private counsel represents. 7. Any funds remaining in the Deficiency Fund in excess of the amounts needed to cover private counsel's representation agreements shall revert to the Participating Political Subdivisions and be allocated to the sources from which they derived. 8. Any attorneys' fees related to representation of the Commonwealth of Virginia shall not be paid from the Subdivision Share, the Direct Subdivision Abatement Share, or the Fund but shall be drawn directly from the Commonwealth Share or through other sources. Any payments of attorneys' fees related to representation of the Commonwealth of Virginia from such other sources shall not be deemed Opioid Funds subject to allocation under this MOU. E. Settlement Negotiations 1. The Negotiating Committee members agree to inform each other in advance of any negotiations relating to any Virginia-only Settlement with a Pharmaceutical Supply Chain Participant that includes both the Commonwealth and its Political Subdivisions and shall provide each other the opportunity to participate in such negotiations. 13 2. The Parties further agree to keep each other reasonably informed of all other global settlement negotiations with Pharmaceutical Supply Chain Participants. Neither this provision,nor any other,shall be construed to state or imply that the Commonwealth or the Political Subdivisions are unauthorized to engage in settlement negotiations with Pharmaceutical Supply Chain Participants without prior consent or contemporaneous participation of the other, or that either party is entitled to participate as an active or direct participant in settlement negotiations with the other. Rather,while the Commonwealth's and the Political Subdivisions' efforts to achieve worthwhile settlements are to be collaborative,incremental stages need not be so. 3. As this is a Virginia-specific effort, the Negotiating Committee shall be chaired by the Attorney General or his designee. 4. The Commonwealth of Virginia, the Political Subdivisions, or Counsel may withdraw from coordinated Settlement discussions detailed in this Section upon 5 days' written notice to the remaining Committee Members and counsel for any affected Pharmaceutical Supply Chain Participant. The withdrawal of any Member releases the remaining Committee Members from the restrictions and obligations in this Section E. 5. The obligations in this Section E shall not affect any Party's right to proceed with trial or, within 30 days of the date upon which a trial involving that Party's claims against a specific Pharmaceutical Supply Chain Participant is scheduled to begin, reach a case-specific resolution with that particular Pharmaceutical Supply Chain Participant. 14 6. Nothing in this MOU alters or changes the right of the Commonwealth or any Political Subdivision to pursue its own claim. The intent of this MOU is to join the Parties to reach a Settlement or Settlements. Acknowledgment of Agreement We, the undersigned, have participated in the drafting of the above MOU, including comments solicited from client Political Subdivisions. This document has been collaboratively drafted to maintain all individual claims while allowing the Commonwealth and its Political Subdivisions to cooperate in exploring all possible means of resolution.Nothing in this agreement binds any party to any specific outcome. Any resolution under this document will require acceptance by the Commonwealth of Virginia and the Participating Political Subdivisions. We, the undersigned, hereby accept the VIRGINIA OPIOID ABATEMENT FUND AND SETTLEMENT ALLOCATION MEMORANDUM OF UNDERSTANDING. We understand that the purpose of this MOU is to permit collaboration between the Commonwealth of Virginia and Political Subdivisions to explore and potentially effectuate earlier resolution of the Opioid Litigation against Pharmaceutical Supply Chain Participants. We also understand that an additional purpose is to create an effective means of distributing any potential Settlement funds obtained under this MOU between the Commonwealth of Virginia and the Participating Political Subdivisions in a manner that would promote an effective and meaningful use of the funds in abating the opioid epidemic throughout Virginia. Executed this day of , 2021. FOR THE COMMONWEALTH OF VIRGINIA: MARK R. HERRING ATTORNEY GENERAL 15 FOR POLITICAL SUBDIVISIONS AND COUNSEL(list firms) 16 EXHIBIT A Table 1:Opioid Settlement Allocations to Counties and Independent Cities Location % Location % Location % Accomack 0.348% Franklin City 0.079% Norton City 0.110% Albemarle 0.863% Frederick 1.277% Nottoway 0.133% Alexandria City 1.162% Fredericksburg City 0.524% Orange 0.638% Alleghany 0.213% Galax City 0.139% Page 0.410% Amelia 0.100% Giles 0.409% Patrick 0.329% Amherst 0.299% Gloucester 0.424% Petersburg City 0.395% Appomattox 0.133% Goochland 0.225% Pittaylvania 0.760% Arlington 1.378% Grayson 0.224% Poquoson City 0.186% Augusta 0.835% Greene 0.178% Portsmouth City 1.937% Bath 0.037% Greeneville 0.124% Powhatan 0.262% Bedford 0.777% Halifax 0.353% Prince Edward 0.190% Bland 0.147% Hampton City 1.538% Prince George 0.351% Botetourt 0.362% Hanover 1.079% Prince William 3.556% Bristol City 0.434% Harrisonburg City 0.523% Pulaski 1.061% Brunswick 0.107% Henrico 4.473% Radford City 0.247% Buchanan 0.929% Henry 1.220% Rappahannock 0.091% Buckingham 0.127% Highland 0.023% Richmond 0.084% Buena Vista City 0.078% Hopewell City 0.344% Richmond City 4.225% Campbell 0.456% Isle of Wight 0.356% Roanoke 1.498% Caroline 0.318% James City 0.612% Roanoke City 1.859% Carroll 0.440% King George 0.306% Rockbridge 0.235% Charles City 0.073% King William 0.178% Rockingham 0.614% Charlotte 0.138% King and Queen 0.072% Russell 1.064% Charlottesville City 0.463% Lancaster 0.135% Salem City 0.786% Chesapeake City 2.912% Lee 0.556% Scott 0.421% Chesterfield 4.088% Lexington City 0.093% Shenandoah 0.660% Clarke 0.125% Loudoun 2.567% Smyth 0.592% Colonial Heights City 0.283% Louisa 0.449% Southampton 0.137% Covington City 0.100% Lunenburg 0.088% Spotsylvania 1.417% Craig 0.070% Lynchburg City 0.816% Stafford 1.443% Culpeper 0.790% Madison 0.163% Staunton City 0.440% Cumberland 0.100% Manassas City 0.452% Suffolk City 0.710% Danville City 0.637% Manassas Park City 0.095% Surry 0.058% Dickenson 0.948% Martinsville City 0.494% Sussex 0.081% Dinwiddie 0.196% Mathews 0.088% Tazewell 1.606% Emporia City 0.050% Mecklenburg 0.344% Virginia Beach City 4.859% Essex 0.101% Middlesex 0.108% Warren 0.766% Fairfax 8.672% Montgomery 1.205% Washington 0.996% Fairfax City 0.269% Nelson 0.147% Waynesboro City 0.363% Falls Church City 0.102% New Kent 0.156% Westmoreland 0.223% Fauquier 1.210% Newport News City 2.047% Williamsburg City 0.086% Floyd 0.182% Norfolk City 3.388% Winchester City 0.649% Fluvanna 0.194% Northampton 0.122% Wise 1.756% Franklin 0.954% Northumberland 0.129% Wythe 0.642% York 0.561% EXHIBIT B Va. Code Ann. § 2.2-2365 Current through the 2021 Regular Session and Special Session I of the General Assembly VA - Code of Virginia(Annotated) > TITLE 2.2. ADMINISTRATION OF GOVERNMENT > SUBTITLE I. ORGANIZATION OF STATE GOVERNMENT > PART D. STATE AUTHORITIES, BOARDS, COMMISSIONS, COUNCILS, FOUNDATIONS AND OTHER COLLEGIAL BODIES > CHAPTER 22. AUTHORITIES > ARTICLE 12. OPIOID ABATEMENT AUTHORITY § 2.2-2365. Definitions As used in this article, unless the context requires a different meaning: "Authority"means the Opioid Abatement Authority. "Board"means the board of directors of the Authority. "Community services board region" means a region as determined by the Department of Behavioral Health and Developmental Services for purposes of administering Chapter 5 ($37.2-500 et seq.) of Title 37.2, "Fund"means the Opioid Abatement Fund. "Historically economically disadvantaged community"means the same as such term is defined in §56-576. "Local apportionment formula" means any formula submitted to the Attorney General by participating localities pursuant to the provisions of subsection B of$2.2-507 3. "Participating locality"means any county or independent city that agrees to be bound by the terms of a settlement agreement entered into by the Attorney General relating to claims regarding the manufacturing. marketing, distribution, or sale of opioids, and that releases its own such clams. "Regional effort"means any effort involving a partnership of at least two participating localities within a community services board region. History 2021, Sp. Sess. 1, cc. 306, 307. Annotations Notes EFFECTIVE DATE. — This section is effective July 1, 2021. Copyright®2021 by Matthew Bender&Company, Inc.a member of the LexisNexis Group.All rights reserved. ;UJwnaof Jo pug 99£Z-Z2§'uuy epo0 'BA Z40ZeBed Va. Code Ann. S 2.2-2366 Current through the 2021 Regular Session and Special Session I of the General Assembly VA - Code of Virginia (Annotated) > TITLE 2.2. ADMINISTRATION OF GOVERNMENT > SUBTITLE I. ORGANIZATION OF STATE GOVERNMENT > PART D. STATE AUTHORITIES, BOARDS, COMMISSIONS, COUNCILS, FOUNDATIONS AND OTHER COLLEGIAL BODIES > CHAPTER 22. AUTHORITIES > ARTICLE 12. OPIOID ABATEMENT AUTHORITY § 2.2-2366. Opioid Abatement Authority established The Opioid Abatement Authority is established as an independent body. The purpose of the Authority is to abate and remediate the opioid epidemic in the Commonwealth through financial support from the Fund, in the form of grants, donations, or other assistance, for efforts to treat, prevent, and reduce opioid use disorder and the misuse of opioids in the Commonwealth. The Authority's exercise of powers conferred by this article shall be deemed to be the performance of an essential govemmental function and matters of public necessity for which public moneys may be spent and private property acquired. History 2021, Sp. Sess. 1, cc. 306, 307 Annotations Notes EFFECTIVE DATE. — This section is effective July 1, 2021. Copyright©2021 by Matthew Bender&Company,Inc a member of the LexisNexis Group.All rights reserved. End of Document Va. Code Ann. 2.2-2367 Current through the 2021 Regular Session and Special Session I of the General Assembly VA - Code of Virginia (Annotated) > TITLE 2.2. ADMINISTRATION OF GOVERNMENT > SUBTITLE I. ORGANIZATION OF STATE GOVERNMENT > PART D. STATE AUTHORITIES, BOARDS, COMMISSIONS, COUNCILS, FOUNDATIONS AND OTHER COLLEGIAL BODIES > CHAPTER 22. AUTHORITIES > ARTICLE 12. OPIOID ABATEMENT AUTHORITY § 2.2-2367. Board of directors; members A.The Authority shall be governed by a board of directors consisting of 11 members as follows: (i)the Secretary of Health and Human Resources or his designee; (ii)the Chair of the Senate Committee on Finance and Appropriations or his designee and the Chair of the House Committee on Appropriations or his designee; (iii) an elected member of the governing body of a participating locality, to be selected from a list of three submitted jointly by the Virginia Association of Counties and the Virginia Municipal League; (iv)one representative of a community services board or behavioral health authority serving an urban or suburban region containing participating localities and one representative of a community services board or behavioral health authority serving a rural region containing participating localities, each to be selected from lists of three submitted by the Virginia Association of Community Services Boards; (v)one sheriff of a participating locality,to be selected from a list of three submitted by the Virginia Sheriffs'Association; (vi)one licensed, practicing county or city attorney of a participating locality, to be selected from a list of three submitted by the Local Government Attorneys of Virginia; (vii)two medical professionals with expertise in public and behavioral health administration or opioid use disorders and their treatment; and (viii)one representative of the addiction and recovery community. The member appointed pursuant to clause (i) shall serve ex officio, and the members appointed pursuant to clauses (iii) through (viii) shall be appointed by the Governor. If the term of the office to which a member appointed pursuant to clause (iii) or(v) was elected expires prior to the expiration of his term as a member of the board, the Governor may authorize such member to complete the remainder of his term as a member or may appoint a new member who satisfies the criteria of clause (iii) or (v), as applicable, to complete the remainder of the term. B.1.After an initial staggering of terms, members of the Board shall serve terms of four years. No member shall be eligible to serve more than two terms. Any appointment to fill a vacancy shall be for the unexpired term.A person appointed to fill a vacancy may be appointed to serve two additional terms 2. Ex officio members shall serve terms coincident with their terms of office. C.The Board shall elect annually a chairman and vice-chairman from among its membersh.p. The chairman, or in his absence the vice-chairman, shall preside at all meetings of the Board. D.A majority of the members of the Board serving at any one time shall constitute a quorum for the transaction of business. E.The Board shall meet annually or more frequently at the call of the chairman. History 2021, Sp Sess I.cc. 306, 307. Annotations Page 2 of 2 Va. Code Ann. §2.2-2367 Notes EDITOR'S NOTE. — Acts 2021, Sc. Sess. 1, cc. 306 and 307 , cl. 2 provides: "That the initial appointments of nonlegislative citizen members to the board of directors of the Opioid Abatement Authority shall be staggered as follows: (i) two nonlegislative citizen members appointed by the Governor shall be appointed for a term of one year, (ii) two nonlegislative citizen members appointed by the Governor shall be appointed for a term of two years, (iii) two nonlegislative citizen members appointed by the Governor shall be appointed for a term of three years, and (iv) two nonlegislative citizen members appointed by the Governor shall be appointed for a term of four years. For purposes of this enactment, "nonlegislative citizen member" means any member identified in clauses (iii) through (viii) of§ 2.2-2367 of the Code of Virginia, as created by this act. Any nonlegislative citizen member appointed to an initial term of less than four years shall be eligible to serve two additional full four-year terms." EFFECTIVE DATE.— This section is effective July 1, 2021. Copyright 0 2021 by Matthew Bender&Company, Inc a member of the LexisNexis Group.All rights reserved. End of Document Va. Code Ann. § 2.2-2368 Current through the 2021 Regular Session and Special Session I of the General Assembly VA - Code of Virginia (Annotated) > TITLE 2.2. ADMINISTRATION OF GOVERNMENT > SUBTITLE I. ORGANIZATION OF STATE GOVERNMENT > PART D. STATE AUTHORITIES, BOARDS, COMMISSIONS, COUNCILS, FOUNDATIONS AND OTHER COLLEGIAL BODIES > CHAPTER 22. AUTHORITIES > ARTICLE 12. OPIOID ABATEMENT AUTHORITY § 2.2-2368. Duties of the Authority The Authority shall: 1 Establish specific criteria and procedures for awards from the Fund; 2. Establish requirements for the submission of funding requests, 3 Evaluate funding requests in accordance with the criteria established by the Authority and the provisions of this article; 4. Make awards from the Fund in a manner that distributes funds equitably among all community services board regions of the Commonwealth, including the establishment of mandatory minimum percentages of funds to be awarded from the Commonwealth to each participating locality; 5. Evaluate the implementation and results of all efforts receiving support from the Authority; and 6. Administer the Fund in accordance with the provisions of this article. History 2021, Sp. Sess. 1, cc. 306 , 307. Annotations Notes EFFECTIVE DATE. — This section is effective July 1, 2021. Copyright©2021 by Matthew Bender&Comaary Inc.a member of the LexisNexis Group.All rights reserved. End of Document Va. Code Ann. § 2.2-2369 Current through the 2021 Regular Session and Special Session I of the General Assembly VA - Code of Virginia(Annotated) > TITLE 2.2. ADMINISTRATION OF GOVERNMENT > SUBTITLE!. ORGANIZATION OF STATE GOVERNMENT > PART D. STATE AUTHORITIES, BOARDS, COMMISSIONS, COUNCILS, FOUNDATIONS AND OTHER COLLEGIAL BODIES > CHAPTER 22. AUTHORITIES > ARTICLE 12. OPIOID ABATEMENT AUTHORITY § 2.2-2369. Powers of the Authority In order to carry out its purposes, the Authority may: 1 Make grants and disbursements from the Fund that support efforts to treat, prevent, and reduce opioid use disorder and the misuse of opioids or otherwise abate or remediate the opioid epidemic; 2. Pay expenditures from the Fund that are necessary to carry out the purposes of this article, 3. Contract for the services of consultants to assist in the evaluation of the efforts funded by the Authority; 4. Contract for other professional services to assist the Authority in the performance of its duties and responsibilities; 5. Accept, hold, administer, and solicit gifts. grants, bequests, contributions, or other assistance from federal agencies, the Commonwealth, or any other public or private source to carry out the purposes of this article; 6. Enter into any agreement or contract relating to the acceptance or use of any grant, assistance, or support provided by or to the Authority or otherwise in furtherance of the purposes of this article; 7. Perform any lawful acts necessary or appropriate to carry out the purposes of the Authority; and 8. Employ such staff as is necessary to perform the Authority's duties. The Authority may determine the duties of such staff and fix the salaries and compensation of such staff, which shall be paid from the Fund. Staff of the Authority shall be treated as state employees for purposes of participation in the Virginia Retirement System, health insurance, and all other employee benefits offered by the Commonwealth to its classified employees. Staff of the Authority shall not be subject to the provisions of Chapter 29 ($2.2-2900 et seq.)of Title 2.2. History 2021, Sp. Sess. 1, cc. 306 , 307 Annotations Notes EFFECTIVE DATE. — This section is effective July 1, 2021. Page 2 of 2 Va. Code Ann. §2.2-2369 Copyright®2021 by Matthew Bender&Company,Inc.a member of the LexisNexis Group All rights reserved. End of Document Va. Code tnn. § 2.2-2370 Current through the 2021 Regular Session and Special Session I of the General Assembly VA - Code of Virginia (Annotated) > TITLE 2.2. ADMINISTRATION OF GOVERNMENT > SUBTITLE I. ORGANIZATION OF STATE GOVERNMENT > PART D. STATE AUTHORITIES, BOARDS, COMMISSIONS, COUNCILS, FOUNDATIONS AND OTHER COLLEGIAL BODIES > CHAPTER 22. AUTHORITIES > ARTICLE 12. OPIOID ABATEMENT AUTHORITY § 2.2-2370. Conditions and restrictions on financial assistance A.The Authority shall provide financial support only for efforts that satisfy the following conditions: 1. The efforts shall be designed to treat, prevent, or reduce opioid use disorder or the misuse of opioids or otherwise abate or remediate the opioid epidemic, which may include efforts to: a. Support treatment of opioid use disorder and any co-occurring substance use disorder or mental health conditions through evidence-based or evidence-informed methods, programs, or strategies; b. Support people in recovery from opioid use disorder and any co-occurring substance use disorder or mental health conditions through evidence-based or evidence-informed methods, programs, or strategies; c. Provide connections to care for people who have, or are at risk of developing, opioid use disorder and any co-occurring substance use disorder or mental health conditions through evidence-based or evidence-informed methods, programs, or strategies; d. Support efforts, including law-enforcement programs, to address the needs of persons with opioid use disorder and any co-occurring substance use disorder or mental health conditions who are involved in, or are at risk of becoming involved in, the criminal justice system through evidence-based or evidence- informed methods, programs, or strategies; e. Support drug treatment and recovery courts that provide evidence-based or evidence-informed options for people with opioid use disorder and any co-occurring substance use disorder or mental health conditions; f. Support efforts to address the needs of pregnant or parenting women with opioid use disorder and any co-occurring substance use disorder or mental health conditions and the needs of their families, including infants with neonatal abstinence syndrome, through evidence-based or evidence-informed methods, programs, or strategies; g. Support efforts to prevent overprescribing and ensure appropriate prescribing and dispensing of opioids through evidence-based or evidence-informed methods, programs, or strategies; h. Support efforts to discourage or prevent misuse of opioids through evidence-based or evidence- informed methods, programs, or strategies; i. Support efforts to prevent or reduce overdose deaths or other opioid-related harms through evidence- based or evidence-informed methods, programs, or strategies and j. Support efforts to provide comprehensive resources for patients seeking opioid detoxification, including detoxification services; 2. The efforts shall be conducted or managed by any agency of the Commonwealth or participating locality; 3. No support provided by the Authority shall be used by the recipient to supplant funding for an existing program or continue funding an existing program at its current amount of funding; 4. No support provided by the Authority shall be used by the recipient for indirect costs incurred in the administration of the financial support or for any other purpose proscribed by the Authority; and Page 2 of 2 Va. Code Ann §2.2-2370 5. Recipients of support provided by the Authority shall agree to provide the Authority with such information regarding the implementation of the effort and allow such monitoring and review of the effort as may be required by the Authority to ensure compliance with the terms under which the support is provided. B.The Authority shall give priority to applications for financial support for efforts that: 1 Collaborate with an existing program or organization that has an established record of success treating, preventing, or reducing opioid use disorder or the misuse of opioids; 2. Treat, prevent, or reduce opioid use disorder or the misuse of opioids in a community with a high incidence of opioid use disorder or opioid death rate, relative to population; 3. Treat, prevent, or reduce opioid use disorder or the misuse of opioids in a historically economically disadvantaged community; or 4. Include a monetary match from or on behalf of the applicant, with higher priority given to an effort with a larger matching amount. History 2021, So Sess. 1, cc. 306, 307 Annotations Notes EFFECTIVE DATE. — This section is effective July 1, 2021, Copyright©2021 by Matthew Bender&Company,Inc.a member of the LexisNexis Group All rights reserved. End of Document Va. Code Ann. § 2.2-2371 Current through the 2021 Regular Session and Special Session I of the General Assembly VA - Code of Virginia (Annotated) > TITLE 2.2. ADMINISTRATION OF GOVERNMENT > SUBTITLE I. ORGANIZATION OF STATE GOVERNMENT > PART D. STATE AUTHORITIES, BOARDS, COMMISSIONS, COUNCILS, FOUNDATIONS AND OTHER COLLEGIAL BODIES > CHAPTER 22. AUTHORITIES > ARTICLE 12. OPIOID ABATEMENT AUTHORITY § 2.2-2371. Cooperation with other agencies All agencies of the Commonwealth shall cooperate with the Authority and, upon request, assist the Authority in the performance of its duties and responsibilities. History 2021, So. Sess. I, cc. 306, 307. Annotations Notes EFFECTIVE DATE. — This section is effective July 1, 2021. Copyright®2021 by Matthew Bender&Company.Inc.a member of the LexisNexis Group.All rights reserved. End of Document Va. Code Ann. § 2.2-2372 Current through the 2021 Regular Session and Special Session I of the General Assembly VA - Code of Virginia (Annotated) > TITLE 2.2. ADMINISTRATION OF GOVERNMENT > SUBTITLE I. ORGANIZATION OF STATE GOVERNMENT > PART D. STATE AUTHORITIES, BOARDS, COMMISSIONS, COUNCILS, FOUNDATIONS AND OTHER COLLEGIAL BODIES > CHAPTER 22. AUTHORITIES > ARTICLE 12. OPIOID ABATEMENT AUTHORITY § 2.2-2372. Form and audit of accounts and records A.The accounts and records of the Authority showing the receipt and disbursement of funds from whatever source derived shall be in such form as the Auditor of Public Accounts prescribes. B.The accounts and records of the Authority are subject to an annual audit by the Auditor of Public Accounts or his legal representative. History 2021, SD. Sess. I, cc. 306, 307. Annotations Notes EFFECTIVE DATE. -- This section is effective July 1, 2021. Copyright®2021 by Matthew Bender&Company, Inc.a member of the LexisNexis Group.Al rights reserved. End of Document Va. Code Ann. $ 2.2-2373 Current through the 2021 Regular Session and Special Session I of the General Assembly VA - Code of Virginia (Annotated) > TITLE 2.2.ADMINISTRATION OF GOVERNMENT > SUBTITLE 1. ORGANIZATION OF STATE GOVERNMENT > PART D. STATE AUTHORITIES, BOARDS, COMMISSIONS, COUNCILS, FOUNDATIONS AND OTHER COLLEGIAL BODIES > CHAPTER 22. AUTHORITIES > ARTICLE 12. OPIOID ABATEMENT AUTHORITY § 2.2-2373. Annual report The Authority shall submit to the Governor and the General Assembly an annual executive summary of the interim activity and work of the Authority no later than the first day of each regular session of the General Assembly. The executive summary shall be submitted as a report document as provided in the procedures of the Division of Legislative Automated Systems for the processing of legislative documents and reports and shall be posted on the General Assembly's website. The executive summary shall include information regarding efforts supported by the Authority and expenditures from the Fund. History 2021, Sp. Sess. I, cc. 306, 307. Annotations Notes EFFECTIVE DATE. -- This section is effective July 1, 2021. Copyright©2021 by Matthew Bender&Company,Inc.a member of the LexisNexis Group.All rights reserved. End of Document Va. Code Ann. § 2.2-2374 Current through the 2021 Regular Session and Special Session I of the General Assembly VA - Code of Virginia (Annotated) > TITLE 2.2.ADMINISTRATION OF GOVERNMENT > SUBTITLE I. ORGANIZATION OF STATE GOVERNMENT > PART D. STATE AUTHORITIES, BOARDS, COMMISSIONS, COUNCILS, FOUNDATIONS AND OTHER COLLEGIAL BODIES > CHAPTER 22. AUTHORITIES > ARTICLE 12. OPIOID ABATEMENT AUTHORITY § 2.2-2374. Opioid Abatement Fund A.There is hereby created in the state treasury a special, nonreverting fund to be known as the Opioid Abatement Fund, referred to in this section as"the Fund,"to be administered by the Authority. All funds appropriated to the Fund, all funds designated by the Attorney General under$2.2-507.3 from settlements, judgments,verdicts, and other court orders relating to claims regarding the manufacturing, marketing, distribution, or sale of opioids, and any gifts, donations, grants, bequests, and other funds received on the Fund's behalf shall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it.Any moneys remaining in the Fund at the end of each fiscal year, including interest thereon, shall not revert to the general fund but shall remain in the Fund. Expenditures and disbursements from the Fund, which may consist of grants or loans, shall be authorized by majority vote of the Board. B.Moneys in the Fund shall be used to provide grants and loans to any agency of the Commonwealth or participating locality for the purposes determined by the Authority in accordance with this article and in consultation with the Office of the Attorney General. The Authority shall develop guidelines, procedures,and criteria for the application for and award of grants or loans in consultation with the Office of the Attorney General. Such guidelines, procedures, and criteria shall comply with the terms of any applicable settlement, judgment,verdict, or other court order, or any agreement related thereto between the Attorney General and participating localities. C.The Authority shall fund all staffing and administrative costs from the Fund Its expenditures for staffing and administration shall be limited to those that are reasonable for carrying out the purposes of this article. D.For every deposit to the Fund,the Authority shall allocate a portion to the following purposes: 1. Fifteen percent shall be restricted for use by state agencies; 2. Fifteen percent shall be restricted for use by participating localities, provided that if the terms of a settlement, judgment, verdict, or other court order, or any agreement related thereto between the Attorney General and participating localities, require this portion to be distributed according to a local apportionment formula, this portion shall be distributed in accordance with such formula; 3. Thirty-five percent shall be restricted for use for regional efforts; and 4. Thirty-five percent shall be unrestricted. Unrestricted funds may be used to fund the Authority's staffing and administrative costs and may be distributed for use by state agencies, by participating localities, or for regional efforts in addition to the amounts set forth in subdivisions 1, 2, and 3, provided that the Authority shall ensure that such funds are used to accomplish the purposes of this article or invested under subsection F. E.In distributing money from the Fund under subsection D, the Authority shall balance immediate and anticipated needs with projected receipts of funds to best accomplish the purposes for which the Authority is established. Page 2 of 2 Va. Code Ann. §2.2-2374 F.The Board may designate any amount from the Fund to be invested, reinvested, and managed by the Board of the Virginia Retirement System as provided in $51.1-124.40. The State Treasurer is not liable for losses suffered by the Virginia Retirement System on investments made under the authority of this section. History 2021, Sp. Sess. /, cc. 306, 307. Annotations Notes EFFECTIVE DATE. — This section is effective July 1, 2021. Copyright©2021 by Matthew Bender 8 Company,Inc.a member of the LexisNexis Group.All rights reserved. End of Document Va. Code Ann. § 2.2-2375 Current through the 2021 Regular Session and Special Session I of the General Assembly VA - Code of Virginia(Annotated) > TITLE 2.2. ADMINISTRATION OF GOVERNMENT > SUBTITLE I. ORGANIZATION OF STATE GOVERNMENT > PART D. STATE AUTHORITIES, BOARDS, COMMISSIONS, COUNCILS, FOUNDATIONS AND OTHER COLLEGIAL BODIES > CHAPTER 22. AUTHORITIES > ARTICLE 12. OPIOID ABATEMENT AUTHORITY § 2.2-2375. Exemption from taxes or assessments The exercise of the powers granted by this article shall be in all respects for the benefit of the people of the Commonwealth, for the increase of their commerce and prosperity, and for the improvement of their health and living conditions, and as the operation and maintenance of projects by the Authority and the undertaking of activities in furtherance of the purpose of the Authority constitute the performance of essential governmental functions, the Authority shall not be required to pay any taxes or assessments upon any project or any property acquired or used by the Authority under the provisions of this article or upon the income therefrom, including sales and use taxes on tangible personal property used in the operations of the Authority, and shall at all times be free from state and local taxation. The exemption granted in this section shall not be construed to extend to persons conducting on the premises of a facility businesses for which local or state taxes would otherwise be required. History 2021, Sp. Sess. I, cc. 306 , 307. Annotations Notes EFFECTIVE DATE. -- This section is effective July 1, 2021. Copynght®2021 by Matthew Bender&Company,Inc.a member of the LexisNexis Group.All rights reserved. End of Document Va. Code Ann. § 2.2-2376 Current through the 2021 Regular Session and Special Session I of the General Assembly VA - Code of Virginia (Annotated) > TITLE 2.2. ADMINISTRATION OF GOVERNMENT > SUBTITLE I. ORGANIZATION OF STATE GOVERNMENT > PART D. STATE AUTHORITIES, BOARDS, COMMISSIONS, COUNCILS, FOUNDATIONS AND OTHER COLLEGIAL BODIES > CHAPTER 22. AUTHORITIES > ARTICLE 12. OPIOID ABATEMENT AUTHORITY § 2.2-2376. Exemption of Authority from personnel and procurement procedures The provisions of the Virginia Personnel Act('S 2.2-2900 et seq.)and the Virginia Public Procurement Act(§2.2- 4300 et seq.)shall not apply to the Authority in the exercise of any power conferred under this article. History 2021, Sp. Sess. I, cc. 306, 307 Annotations Notes EFFECTIVE DATE. -- This section is effective July 1, 2021. Copyright©2021 by Matthew Bender&Company,Inc.a member of the LexisNexis Group.All rights reserved. End of Document 29 ITEM— VII.J.3 ORDINANCES/RESOLUTIONS ITEM#71917 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Todd Solomon, 2260 First Landing Lane, Phone: 667-8533, spoke in OPPOSITION Upon motion by Council Member Tower, seconded by Council Member Henley, City Council ADOPTED Resolution to AUTHORIZE the issuance of Residential Care Facility Revenue Bonds not to exceed$110- Million by the City of Virginia Beach Development Authority (VBDA) re Westminster-Canterbury on Chesapeake Bay Voting: 6-1 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb,Aaron R. Rouse and Guy K. Tower Council Members Voting Nay: John D. Moss Council Members Abstaining: Louis R.Jones, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Sabrina D. Wooten August 17, 2021 1 RESOLUTION APPROVING THE ISSUANCE 2 OF RESIDENTIAL CARE FACILITY REVENUE 3 BONDS (WESTMINSTER-CANTERBURY ON 4 CHESAPEAKE BAY) 5 6 WHEREAS, the City of Virginia Beach Development Authority (the "Authority") has 7 approved the application of Westminster-Canterbury on Chesapeake Bay ("Westminster- 8 Canterbury"), a Virginia nonstock corporation, whose primary business address is 3100 9 Shore Drive, Virginia Beach, Virginia 23451 (the "Community") requesting that the 10 Authority issue up to $110,000,000 of its revenue bonds in one or more series at one time 11 or from time to time (the "Bonds") and loan the proceeds of the Bonds to Westminster- 12 Canterbury in order: 13 14 (1) to finance and refinance the acquisition, design, construction and 15 equipping of an up to seven-story assisted living and memory care building with additional 16 licensed assisted living apartments, memory support apartments, adult care program and 17 dining venues and other amenities over one level of parking, as well as renovations to the 18 existing East Tower campus to create additional independent living apartments with new 19 lighting, plumbing, HVAC, laundry and finishes; and 20 21 (2) to finance and refinance other capital projects at the Community all within the 22 existing structures or existing parking facilities located at the Community and amounts 23 required for reserves, working capital, capitalized interest, costs of issuance and other 24 financing expenses related to the issuance of the Bonds. Items (1) and (2) above are 25 collectively referred to as the "Plan of Finance". 26 27 WHEREAS, the Authority held a public hearing on August 17, 2021, regarding the 28 Plan of Finance; 29 30 WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended 31 (the "Code"), provides that the governmental unit having jurisdiction over the issuer of 32 private activity bonds and over the area in which any facility financed with the proceeds 33 of private activity bonds is located must approve the issuance of the bonds and Section 34 15.2-4906 of the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2, 35 Code of Virginia of 1950, as amended (the "Act"), sets forth the procedure for such 36 approval; 37 38 WHEREAS, the Authority issues its bonds on behalf of the City of Virginia Beach, 39 Virginia (the "City"), and the facilities to be financed and refinanced with the proceeds of 40 the Bonds are located in the City and the City Council of the City of Virginia Beach, 41 Virginia (the "Council"), constitutes the highest elected governmental unit of the City; 42 43 WHEREAS, the Authority has recommended that the Council approve the Plan of 44 Finance and the issuance of the Bonds; and 45 WHEREAS, a copy of the Authority's inducement resolution approving the 46 issuance of the Bonds, subject to the terms to be agreed upon, a certificate of the public 47 hearing and a Fiscal Impact Statement have been filed with the City Clerk. 48 49 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 50 OF VIRGINIA BEACH, VIRGINIA: 51 52 1. The Council hereby approves the issuance of the Bonds, in an aggregate 53 principal amount up to $110,000,000, by the Authority for the benefit of Westminster- 54 Canterbury, solely to the extent required by Section 147(f) of the Code and Section 15.2- 55 4906 of the Act, to permit the Authority to assist in accomplishing the Plan of Finance. 56 57 2. The approval of the issuance of the Bonds does not constitute an 58 endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Plan 59 of Finance or Westminster-Canterbury. In accordance with Chapter 643 of the Acts of 60 Assembly of 1964, as amended, the Bonds shall not be deemed to constitute a debt or a 61 pledge of the faith and credit or taxing power of the Commonwealth of Virginia or any 62 political subdivision thereof, including the Authority and the City. 63 64 3. This resolution shall take effect immediately upon its adoption. 65 66 Adopted by the City Council of the City of Virginia Beach, Virginia, on August 17 , 67 , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Econ o%Development City Attorney CA15393 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d004\p038\00742617.docx R-1 August 10, 2021 2 , kt- A• BEAD oCity of Virgiriia Beach 4 4. E t7p OUR NA-0°' VBgov com JAMES L.WOOD MUNICIPAL CENTER VICE MAYOR BUILDING 1,ROOM 281 DISTRICT 5-LYNNHAVEN 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 23456-9000 August 17, 2021 (757) FAX(757)340-40-2082 082 JLWOODOVBGOV.COM Refer to File No. 0072371 Mrs. Amanda Barnes, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(F) Dear Mrs. Barnes: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(F), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding the City Council's discussion and vote on the resolution approving the issuance of residential care facility revenue bonds for Westminster Canterbury on Chesapeake Bay. 2. Shore-Urchin, L.L.C. owns property adjacent to the property that is the subject of this application and that is located at 2301 Urchin Road. I have a personal interest in Shore-Urchin, L.L.C. Its principal office address is 208 Ash Avenue, Suite 101, Virginia Beach, VA 23452. 3. I am abstaining from voting on this application. I respectfully request that you record this declaration in the official records of the City Council. Thank you for your assistance in this matter. Sincerely Ilk James Wood Vice ayor JLW/RRI Ok - L� ti City of Vir irZia I beach ee- OF BUR NPCCeN LOUIS R.JONES PHONE: (757)583-0177 COUNCILMAN-DISTRICT 4-BAYSIDE FAX (757)426-5669 Refer to File No. 0072368 August 17, 2021 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(F) Dear Mrs. Barnes: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(F), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding City Council's discussion and vote on the resolution approving the issuance of residential care facility revenue bonds for Westminster Canterbury on Chesapeake Bay. 2. I have an ownership interest in Hollomon-Brown Funeral Home, Inc. The company's corporate headquarters is located at 8464 Tidewater Drive, Norfolk, Virginia. Several years ago, Holloman-Brown Funeral Home entered into a contract for services with Westminster Canterbury on Chesapeake Bay, and that agreement remains in effect. 3. I will abstain from participating in the City Council's consideration of this item. Please record this declaration in the official records of the City Council. Thank you. Sincerely, ,, , , ,JS i' Louis R. Jones Councilmember LRJ/RRI 1008 WITCH POINT TRAIL,VIRGINIA BEACH,VA 23455-5645 cA141A•BE4‘,--,t,\ f8' y7 City of Virciriia Beach i y9� ey 6.4 DUR NA1��N `'� VBgov.com ROSEMARY WILSON PHONE: (757)422-0733 COUNCIL LADY AT-LARGE FAX (757)385-5669 Refer to File No.0072369 August 17, 2021 Mrs. Amanda Barnes, MMC City Clerk Municipal Center Virginia Beach,Virginia 23456 Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(F) Dear Mrs. Barnes: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(F), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding City Council's-discussion and vote on the resolution approving the issuance of residential care facility revenue bonds for Westminster Canterbury on Chesapeake Bay. 2. I am a real estate agent affiliated with Howard Hanna, and I have a personal interest in the company because I receive commissions from the company. Its Oceanfront office is located at 303 34th Street Suite 102, Virginia Beach,VA 23451. Mr. Richard B. Thurmond serves as Chairman of the Board of Howard Hanna Real Estate Services for Virginia and North Carolina. He also serves as Chairman of the Board of Westminster Canterbury on Chesapeake Bay. 3. I will abstain from voting on this resolution. I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance in this matter. 921 ATLANTIC AVENUE,UNIT 502,VIRGINIA BEACH,VA 23451 Mrs. Amanda Barnes -2- August 17, 2021 Re: Disclosure and Abstention Pursuant to Virginia Code § 2.2-3115(F) Sincerely, Rosemary A. lson Councilmember RAW/RRI 30 ITEM— VILJ.4 ORDINANCES/RESOLUTIONS ITEM#71918 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Council Member Wilson, seconded by Vice Mayor Wood, City Council ADOPTED Ordinance to APPROVE a Cooperative Agreement between the City Council and the School Board re legal services provided to the School Board and School Administration by the City Attorney in FY 2022 Voting: 8-2 Council Members Voting Aye: Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Vice Mayor James L. Wood Council Members Voting Nay: Michael F. Berlucchi John D. Moss Council Members Absent: Sabrina D. Wooten August 17, 2021 1 AN ORDINANCE APPROVING A COOPERATIVE 2 AGREEMENT BETWEEN THE CITY COUNCIL AND 3 THE SCHOOL BOARD OF THE CITY OF VIRGINIA 4 BEACH PERTAINING TO LEGAL SERVICES TO BE 5 PROVIDED TO THE SCHOOL BOARD AND SCHOOL 6 ADMINISTRATION BY THE OFFICE OF THE CITY 7 ATTORNEY IN FISCAL YEAR 2022 8 9 WHEREAS, the Office of the City Attorney has, for a number of years, provided legal 10 services to the Virginia Beach School Board and School Administration pursuant to 11 Cooperative Agreements; and 12 13 WHEREAS, the City Council agrees that it is in the best interests of the City and the 14 School Board for the Office of the City Attorney to continue to provide legal services to the 15 School Board pursuant to the revised Cooperative Agreement for FY 2022. 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 20 1. That the City Council hereby approves the Cooperative Agreement for FY 21 2022, a copy of which is attached hereto. 22 23 2. That the Mayor is hereby authorized to execute the Cooperative Agreement 24 on behalf of the City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the 17 t h day of August , 2021 . APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: AA1`- City Attorney Mark D. Stiles CA15484 R-1 June 23, 2021 COOPERATIVE AGREEMENT BETWEEN THE CITY COUNCIL AND THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH PERTAINING TO LEGAL SERVICES TO BE PROVIDED TO THE SCHOOL BOARD AND SCHOOL ADMINISTRATION BY THE OFFICE OF THE CITY ATTORNEY IN FISCAL YEAR 2022 Factual Background: 1. City Charter Authority. Chapter 9 of the Charter of the City of Virginia Beach, Virginia ("City Charter") provides that the City Attorney shall be the chief legal advisor of the City Council, the City Manager, and all departments, boards, commissions and agencies of the City in all matters affecting the interests of the City,and that he shall have such powers and duties as may be assigned by the City Council. 2. Appointment of City Attorney. The City Charter also provides that the City Attorney is appointed by the City Council and serves at its pleasure. 3. School Board Authority. The School Board is established by the Virginia Constitution,the City Charter, and provisions of general law,and is a body corporate vested with all of the powers and duties of local school boards conferred by law,including the right to contract and be contracted with, to sue and be sued, and to purchase,take, hold, lease, and convey school property both real and personal. 4. School Board Authority to Hire Legal Counsel. The School Board is authorized by Section 22.1-82 of the Code of Virginia (1950), as amended, to employ counsel to advise it, and to pay for such advice out of funds appropriated to the School Board. 5. Recognized Reasons to Share Legal Services. Both the City Council and the School Board have recognized that the reasons for sharing services of the City Attorney's Office include potential savings to taxpayers, expertise of the City Attorney's Office in City Council and School Board matters, institutional memory, and the ability of the City Attorney's Office to Page 1 of 7 provide a wide range of legal services to the School Board based on the expertise of the attorneys in numerous specialized areas of the law. 6. Professional Judgment of City Attorney. The Virginia Rules of Professional Conduct for the Legal Profession require the independent professional judgment of the Office of the City Attorney on behalf of its clients. 7. Potential Ethical Conflicts. The City Council and the School Board recognize that the potential for conflicting interests between the City Council and School Board may arise and that,in such cases, the City Attorney must refrain from representation of interests which may conflict. 8. Identification of Conflicts. The City Council and the School Board also recognize that they must work together and with the City Attorney to identify any real or perceived potential for conflict at the earliest possible time, advise each other and the City Attorney of any such conflict as soon as it arises so as not to compromise the interests of the City Council or the School Board, and assist the City Attorney in avoiding any violation or appearance of violation of the Code of Professional Responsibility. 9. Continuation of Services. The City Council and the School Board further recognize that it remains in the best interest of the taxpayers of the City for the School Board to continue to use the legal services of the Office of the City Attorney to the extent that no real or perceived conflict is present,and to the extent the City Attorney is budgeted and staffed to handle assigned legal business of the School Board. Objectives: The objective of this Cooperative Agreement is to define the scope and nature of the relationship between the City Attorney's Office and the School Board,to provide for the delivery Page 2 of 7 of designated legal services to the School Board,and to avoid any real or perceived conflict in the delivery of those services. Agreement: NOW, THEREFORE,the City Council and the School Board hereby agree as follows: 1. Legal Staffing. The Office of the City Attorney will provide the equivalent of three and one half(3 '/)attorney positions,one(1)paralegal position,and one(1)office assistant during FY2022. The services to be provided as follows: A. The City Attorney will assign three attorneys on-site at the School Administration Building for provision of legal services to the School Board and the School Administration. As determined by the City Attorney, the attorneys will devote substantially all of their time to the provision of legal services to the School Board and School Administration. For the term of this Agreement,those attorneys will be Kamala H. Lannetti, Deputy City Attorney, and Dannielle Hall-Mclvor, Associate City Attorney. An Associate or Assistant City Attorney will be hired in FY22. The City Attorney reserves the right to reassign attorneys to meet the legal needs of the School Board and School Administration in accordance paragraph 1 D. B. The City Attorney will dedicate one Paralegal on-site at the School Administration Building who will devote substantially all of his/her time to the support of legal services to the School Board and School Administration. C. The remaining attorney hours will be provided by the other attorneys in the Office,based upon their various areas of expertise with school-related legal issues, student services, real estate matters, human resources and employee benefits matters, contracts, general administrative and procedural issues, litigation, and Page 3 of 7 other legal matters. Attorneys assigned to handle School Board matters will remain on-call to handle legal matters throughout the week. The City Attorny's Office will endeavor to handle as many legal matters in-house as it is capable of handling subject to the provisions of this Agreement. D. During the term of this Agreement, and subject to reassignment in the judgment of the City Attorney, the selection of the assigned attorneys shall be mutually agreed upon by the City Attorney and the School Board. Additionally, if a majority of the Members of the School Board expresses dissatisfaction with the legal services provided by the assigned attorney,or by any other attorney providing services to the School Board,the City Attorney will meet with the School Board to discuss and evaluate its concerns. Furthermore, if the School Board and the City Attorney agree that the most reasonable way to address the School Board's concerns is to assign another attorney or other attorneys to represent the School Board,the City Attorney will use his best efforts to make such an assignment(s)as soon as possible. 2. Communication and Reports. Throughout the term of this Agreement,the Office of the City Attorney will maintain an open line of communication with the School Board and the Division Superintendent, and will keep each apprised, on a regular basis, of the status of all legal matters being handled on behalf of the School Board and School Administration; provided, however, that the Office of the City Attorney shall not communicate with the Superintendent concerning those matters being handled on a confidential basis for the School Board or for individual School Board Members in accordance with applicable School Board policies and applicable provisions of the Superintendent's contract. Additionally, the Office of the City Page 4 of 7 Attorney will provide the Superintendent and the School Board an annual report of the legal services and attorney hours provided pursuant to this Agreement and, upon request of the School Board, the School Board Chairman, or the Superintendent, will identify the amount of attorney hours expended in response to inquiries from individual School Board Members. 3. Management of Legal Affairs. The City Council and the School Board recognize and understand that the School Board shall be responsible for the management of its legal matters; that, to the extent contemplated by this Agreement, the City Attorney shall be designated as the chief legal advisor of the School Board and the School Administration,and shall assist the School Board and School Administration in the management of the School Board's legal matters;and that the City Attorney or his designee shall report to the School Board concerning those matters he has been assigned by the School Board to manage and/or handle on its behalf. 4. Ethical Conflicts Concerning Representation of Parties. The City Council and the School Board recognize the potential for real or perceived conflicts in the provision of legal services by the City Attorney,and agree to be vigilant in advising the City Attorney of such issues as they arise. Additionally, the City Council and the School Board understand that in such cases, the City Attorney will refrain from participation on behalf of the School Board but,to the extent ethically permissible in accordance with the Rules and Procedures of the Virginia State Bar, will continue representation of the City Council. 5. Ability to Provide Legal Services. The City Council and the School Board further recognize that the ability of the City Attomey's Office to provide legal services to the School Board is limited by the attorney hours allocated pursuant to this Agreement, the other provisions of this Agreement, and ethical constraints as they may arise. Page 5 of 7 6. Nature of Agreement. The parties agree that this Cooperative Agreement is not a contract to be enforced by either party but is rather an agreement setting forth the understanding of the parties regarding the parameters within which the Office of the City Attorney will provide legal services to the School Board and School Administration. 7. Payment for Services. The City shall forward to the School Board IDT requests in the amount of $673,877.27 from its FY 2022 Operating Budget to the FY 2022 Operating Budget of the Office of the City Attorney to fund the annual salaries, benefits, and certain administrative costs of three and one half(3.5) attorneys, one (1) Paralegal, and one (1) Office Assistant. IDT requests of 50%of the total shall be made by the City and funds transferred by the School Board on or about July first and January first. 8. Term and Termination of Agreement. This Cooperative Agreement shall commence with the fiscal year of the parties which begins July 1, 2021 and ends June 30, 2022, and may be revised,as necessary,and renewed each fiscal year thereafter;provided,however,that each party shall give the other party notice of any intention to revise or not to renew the Agreement within one hundred twenty(120)days of the date of expiration of this Agreement,or any renewal hereof, in order that the other party will have the opportunity to make appropriate budget and staffing adjustments. Either party may terminate the Agreement on ninety(90)days'notice to the other party. Page 6 of 7 The parties hereby agree to the terms set forth above. SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH By: Carolyn Ry Chair School Board of the City of Virginia Beach: This Cooperative Agreement was4ppprov d by majority vote of the School Board of the City of Virginia Beach, Virginia on , > ,2021. By: chool Board Clerk CITY COUNCIL OF THE CITY OF VIRGINIA BEACH By: Robert Dyer,Mayor City Council of the City of Virginia Beach: This Cooperative Agreement was approved by majority vote of the City Council of the City of Virginia Beach, Virginia on ,2021. By: City Clerk Page 7 of 7 31 ITEM— VII.J.5 ORDINANCES/RESOLUTIONS ITEM#71919 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned Property known as Pike Inlet located at the rear of 329 Teal Crescent re rebuild and maintain an existing dock and construct and maintain a proposed dock addition and bulkhead Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Sabrina D. Wooten August 17, 2021 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY 6 PROPERTY KNOWN AS PIKE INLET 7 LOCATED AT THE REAR OF 329 8 TEAL CRESCENT 9 10 WHEREAS, James R. Burnell and Elizabeth S. Burnell (the "Burnells") have 11 requested permission to rebuild and maintain an existing 10' x 10' dock and to construct 12 and maintain a proposed 10' x 10' dock addition and 130.5' bulkhead (the 13 "Encroachments") into City-owned property known as Pike Inlet (GPIN: 2433-16-9348) 14 located at the real of 329 Teal Crescent (2433-16-7215). The Encroachments will extend 15 15.5' into Pike Inlet; and 16 17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 18 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 19 the City's property subject to such terms and conditions as Council may prescribe. 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 22 OF VIRGINIA BEACH, VIRGINIA: 23 24 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Burnells, their heirs, assigns 26 and successors in title are authorized rebuild and maintain an existing 10' x 10'dock and to 27 construct and maintain a proposed 10' x 10' dock addition and 130.5' bulkhead in the City's 28 property as shown on the Exhibit entitled: "EXHIBIT 'A' ENCROACHMENT REQUEST 29 FOR: REBUILD AND ENLARGE EXISTING DOCK, NEW BULKHEAD WATERWAY: MAN- 30 MADE CANAL PIKE INLET TO NORTH BAY FOR: JAMES R. BURNELL& ELIZABETH S. 31 BURNELL, LOT 69, SANDBRIDGE SHORES SECTION 1 B NORTH GPIN: 2433-16-7215 32 MB 103 P 24," prepared by Sigma Environmental Services, Inc., dated March 3, 2021, a 33 copy of which is attached hereto as Exhibit "A" and on file in the Department of Public 34 Works, to which reference is made for a more particular description; 35 36 BE IT FURTHER ORDAINED, that the Encroachments are expressly subject 37 to those terms, conditions and criteria contained in the Agreement between the City of 38 Virginia Beach and the Burnells (the "Agreement"), an unexecuted copy of which has been 39 presented to the Council in its agenda, and will be recorded, after execution, among the 40 records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; 41 42 BE IT FURTHER ORDAINED, that the City Manager or his authorized 43 designee is hereby authorized to execute the Agreement; and i 44 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 45 such time as the Burnells and the City Manager or his authorized designee execute the 46 Agreement. 47 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the 17 t h 49 day of August , 2021 . CA15186 PREPARED: 6/15/21 R-1 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d010\p041\00732795.doc APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: P .pk- b LT, 9 BLIC WORK , EAL ESTATE ivy DAN RMEYER SEN CI TTORNEY 2 N/F CITY OF VIRGINIA PLAN VIEW BEACH PIKE INLET SCALE: 1" =30' GPIN 2433-16-9348 FLOOD MB 103 P 24 MHW-MHW EBB o. REBUILD EXISTING 10'X 10'DOCK APPROX.76' ti PROPOSED 10'X 10'DOCK ADDITION 4 o"' 35'7" 0 m MLW - - - - - - - - _. ______ - - - - _.- ..._ F ._ 15.5'— MHW - - PROPOSED 130.5'BULKHEAD 5.1' 01 S.5' PIN IF)'e I ,r lk S 54°24'W 127.45' PIN(F) 1 0 6 20' + REMOVE EXISTING SHED& 0 ,� 9,8' DECK OR RELOCATE OUTSIDE ' 10'SIDE AND REAR SETBACKS -c JOHN I•', 'v V i o z 0 . .. it w w w l •<• 1, ,?.. Q z CO ~ Q O "I ,Z LOT 69 w "' > z N v N/F JAMES R.& J z ELIZABETH S.BURNELL j c SANDBRIDGE SHORES 2-STORY SFR co o #329 --"7, SECTION 1B tbj ; Q MB 1.03 P 24 z a cc LOT 68 2433-16-7215 0 N/F STEVEN G.&KELLY ROSE INSTR.#20191126001009250 ^ SANDBRIDGE SHORES SECTION 1B NORTH LOT 70 MB 103 P 24 N/F CHARLES F.EARP,III GPIN 2433-16-7395 &DONNA C.EARP INSTR.#20100809000809710 SANDBRIDGE SHORES SECTION 1B NORTH PIN IF) MB 103 P 24 GPIN 2433-16 5290 840'TO e�ueslu Da. • • • •• • DB 2733 P 1489 R=150.0' • INSTR.#198808409329 L=69.31' PIN(F) R=50.0' TF L=36.14' R=50.0' SCALE:1"=30' A(Ce CENT (Sp L=16.06' 0 10 20 30 1o, P24 RAW) : F SIGMA ENVIRONMENTAL SERVICES, INC. 1513 SANDBRIDGE ROAD VIRGINIA BEACH,VIRGINIA 23456 PHONE:757 615-9974 EXHIBIT"A„ WATERWAY:MAN-MADE CANAL PIKE PROJECT:BULKHEAD,REBUILD&ENLARGE ENCROACHMENT REQUEST INLET TO NORTH BAY EXISTING DOCK FOR: REBUILD AND ENLARGE FOR:JAMES R.BURNELL&ELIZABETH EXISTING DOCK,NEW BULKHEAD S. BURNELL DATUM: 0.00'MLW=-1.5'MLW NAVD 1988 LOT 69,SANDBRIDGE SHORES SECTION 1B NORTH GPIN:2433-16-7215 MB 103 P 24 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE(BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT,made this /St day of A p rt I ,2021,by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and JAMES R. BURNELL AND ELIZABETH S. BURNELL, husband and wife, ITS/HIS/THEIR/HER HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 69" as shown on that certain plat entitled: "SANDBRIDGE SHORES SECTION 1B NORTH PRINCESS ANNE BOROUGH VIRGINIA BEACH, VA SCALE 1" = 100' JUNE 25, 1967 REV. AUGUST 11, 1967", prepared by Palmer L. Smith, Certified Land Surveyor, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 103, at page 24, and being further designated, known, and described as 329 Teal Crescent, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to rebuild and maintain an existing 10' x 10' dock, to construct and maintain a proposed 10' x 10' dock addition, and to construct and maintain a proposed 130.5' bulkhead, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: 2433-16-9348 (CITY-OWNED PROPERTY KNOWN AS PIKE INLET) GPIN: 2433-16-7215 (329 TEAL CRESCENT) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City-owned property known as Pike Inlet the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT 'A' ENCROACHMENT REQUEST FOR: REBUILD AND ENLARGE EXISTING DOCK, NEW BULKHEAD WATERWAY: MAN-MADE CANAL PIKE INLET TO NORTH BAY FOR:JAMES R. BURNELL& ELIZABETH S. BURNELL LOT 69, SANDBRIDGE SHORES SECTION 1B NORTH GPIN: 2433-16-7215 MB 103 P 24", a copy of which is attached hereto as Exhibit"A"and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attomey's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest of maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, 3 with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty(30)days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, James R. Bumell and Elizabeth S. Burnell, the said Grantee, have caused this Agreement to be executed by their signatures. Further, 4 that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2021, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2021, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 4,4 James R. Bumell, Owner CfLt'NNA-7,,- Q. itiJk Elizabeth S. Burrell, Owner OF e NTY OF v I�' The foregoing instrument was acknowledged before me this day of ATP , 2021, by James R. Bumell and Elizabeth S. Bumell. ,A[ (SEAL) No -.` •ub is ,,,,,,,,,,,,,,i ..E J,i Notary Registration Number: 76S70061 = g�, . y My Commission Expires: 03 131 i ` Y -1A `3 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM 1. NA URE j DANA HAR YER SENT CITY ATTORNEY PW Real Estate DEPARTMENT 7 N/F CITY OF VIRGINIA PLAN VIEW BEACH PIKE INLET SCALE: 1" =30' GPIN 2433-16-9348 FLOOD MB 103 P 24 MHW-MHW EBB 1,0 REBUILD EXISTING 10'X 10'DOCK APPROX.76' tiv i PROPOSED 10'X 10'DOCK ADDITION 35'7" 1 15.5'— MHW3.. PROPOSED 130.5'BULKHEAD 5.1' S.5' PIN(F)0 1 I ' S 54*24'W 127.45' PIN(F) o 20' . • REMOVE EXISTING SHED& a� . , g.R' DECK OR RELOCATE OUTSIDE F C° 10'SIDE AND REAR SETBACKS Q JIHt�{ f{), ,tint y o z) ' . W N Fl, WF z �V f r- a W > 'iiAlG'' 0 J �. WW p -' m x LOT 69 m z m t: N/F JAMES R.& Zi z ELIZABETH S.BURNELL ca P. SANDBRIDGE SHORES 2 STORY SFR �� c #329 cw7 Zr. SECTION 1B Z;: z MB 103 P 24 C LOT 68 2433-16-7215 c N/F STEVEN G.&KELLY ROSE INSTR.#20191126001009250 ;. ^ SANDBRIDGE SHORES SECTION 1B NORTH LOT 70 MB 103 P 24 N/F CHARLES F.EARP,III GPIN 2433-16-7395 &DONNA C.EARP INSTR.#20100809000809710 SANDBRIDGE SHORES SECTION 1B NORTH PIN(F) M 8 103 P 24 GPIN 2433-16-5290 4 s40 TO BLUEBILL De. DB 2733 P 1489 R=150.0' INSTR.#198808409329 L=69.31' PIN(F� R=50.0' TE L=36.14' R=50.0' SCALE:1"=30' AC CAB CENT (Sp I.=16.06' 0 10 20 30 103 P24 R/w) F SIGMA ENVIRONMENTAL SERVICES, INC. 1513 SANDBRIDGE ROAD VIRGINIA BEACH,VIRGINIA 23456 PHONE:757 615-9974 WATERWAY:MAN-MADE CANAL PIKE EXHIBIT"A„ PROJECT:BULKHEAD,REBUILD&ENLARGE ENCROACHMENT REQUEST INLET TO NORTH BAY EXISTING DOCK FOR: REBUILD AND ENLARGE FOR:JAMES R.BURNELL&ELIZABETH EXISTING DOCK, NEW BULKHEAD S.BURNELL DATUM: 0.00'MLW=-1.5'MLW NAVD 1988 LOT 69,SANDBRIDGE SHORES SECTION 1B NORTH GPIN:2433-16-7215 MB 103 P 24 31, N ..• m .) \ . .. - t.\\4444, 4 Ag. . \ 1 , t -, - ' r, ' ' ' --•00,+*. IISII . •t ,.„ i, 3 ' - 7-3 Ilist'0 'R. ' ,1 ‹Q • '-*44 ' i ), ; _ ' ' \ . 4 '‘'\11:fi ,i., ,, bft• :,AO 1 . f.•. / , ,,,, ' —411111Nift,-.....asa` , „. . , . - • , . , . • , .. .. , . .. ,. ..., /. .." ,.. ,...., .. . , . 11111, V __ . LOCATION MAP -. ENCROACHMENT REQUEST v- FOR Legend c.... JAMES R. AND ELIZABETH S. BURNELL N GPIN: 2433-16-7215 :' .k• i' 2433-16-7215 * Ok' ,7, •V ' .1 lif' .,'t 1 iNimmii Feet 0 CITY PROPERTY 'v,, Aic• • ; .' 0 50 100 200 Prepared by PW/Eng/Eng.Support Services Bureau 09/11/2020 X\GADD\Projects\ARC FifesAGENDA MAPS\2433-16-7215\2433-16-7215 Aerial mx 32 ITEM— VII.J.6 ORDINANCES/RESOLUTIONS ITEM#71920 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED,BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned Property known as 352 Tuna Lane located adjacent to 2713 Bluebill Drive re maintain an existing rip rap revetment, block wall and bulkhead and construct and maintain floating pier and access ramp Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Sabrina D. Wooten August 17, 2021 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY 6 PROPERTY KNOWN AS 352 TUNA 7 LANE, LOCATED ADJACENT TO 8 2713 BLUEBILL DRIVE 9 10 WHEREAS, Charles R. Holder and Jody W. Holder(the "Applicants") have 11 requested permission to maintain an existing rip rap revetment, block wall, and bulkhead, 12 and to construct and maintain a 24' x 12' x 8.5' floating pier and an 8' x 4' access ramp 13 (collectively, the "Encroachment") into City-owned property located at 352 Tuna Lane 14 (GPIN: 2433-27-3415), adjacent to their property located at 2713 Bluebill Drive (GPIN: 15 2433-26-2913); and 16 17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 18 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 19 the City's property subject to such terms and conditions as Council may prescribe. 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 22 OF VIRGINIA BEACH, VIRGINIA: 23 24 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicants are authorized to 26 maintain and construct the Encroachment into City-owned property located at 352 Tuna 27 Lane as shown on the exhibit entitled: "EXHIBIT 'A' ENCROACHMENT REQUEST FOR A 28 PROPOSED FLOATING PIER, PROPOSED ACCESS RAMP, EXISTING RIP RAP 29 REVETMENT, EXISTING BLOCK WALL AND EXISTING BULKHEAD FOR: CHARLES R. 30 AND JODY W. HOLDER 2713 BLUEBILL DRIVE, LOT 50, SECTION 1A, NORTH AREA, 31 SANDBRIDGE SHORES, M.B. 78, P. 50 prepared by Clark Design Group, dated May 25, 32 2021 ," a copy of which is attached hereto as Exhibit"A" and to which reference is made for 33 a more particular description; 34 35 BE IT FURTHER ORDAINED, that the Encroachment is expressly subject to 36 those terms, conditions and criteria contained in the Agreement between the City of Virginia 37 Beach and the Applicants (the "Agreement"), an unexecuted copy of which has been 38 presented to the Council in its agenda, and will be recorded, after execution, among the 39 records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; 40 41 BE IT FURTHER ORDAINED, that the City Manager or his authorized 42 designee is hereby authorized to execute the Agreement; and i 43 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 44 such time as the Applicants and the City Manager or his authorized designee execute the 45 Agreement. 46 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 48 17th day of August , 2021. CA15215 PREPARED: 6/11/21 \\vbgov.com\dfs l\applications\citylaw\cycom32\wpdocs\d001\p034\00730536.doc APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: P LfC WOR S, REAL ESTATE DANA R. AF MEYER/ SENIOR CITY ATTORNEY 2 HOLDER ENCROACHMENT EXHIBIT 0 40 80 1 isdlimiallilmoinimmil y :4,--' 1 This site pion is based on plot recorded in (City of Virginia Beach) m c U.B. 78. Pg. 50 and was prepared L.B. 78 P.50 45 UNEAR FEET OF o o. e without the benefit of a title search. EXISTING RIP RAP —7 �� v REVETMENT N—0 e , '- > $??..`Z N n/f michael c. & virginia mo/oney �3 i �uZ '' �'o gpin: 2433-26-0888 N59'34'00 y1� �' CoYp � c d.b. 4665 p. 1367 38.90' * %O va o \a m.b. 103 24 lot 77, section lb 3-,i NNE o s p' PROPOSED IMPROVEMENTS • ' co�` O SEE SHEET 2 FOR DETAILS : PROPOSED `;' t�y %V ACCESS RAMP a-'O�- w try / � •� N36'57'001Y � S ` ��� 170.14', V ,: i PROPOSED F o n/f chorfes r. &jolly w. holder FLOATING PIER �� instl 1709000966730 `— EXISTING BULKHEAD m.b. 78 p.50 lot 50, section l o// EXISTING 9'BLOCK WALL G*PN lA;.,: , / sp.CTH O 5 Q9\ ter, o���, 3. 4 a0,�. p 4 �R=1o7o.00 �.; � • / BRAD MARTIN m x'r � / Lic. No. 32999 os m o�v �� 05/25/2021 �� -0bcn / &si ..<z S/ <v ` ^ n/f pa bluetx7l Ik O NA L �/ /� gpin: 2433-27-2033 �� Q inst# 20170816000697860 Q�'�� / m.b. 78 p.50 lot 51, section to LT{2-STORY FRAME Q�/ I. k$2713 BLUEBILL) h I A / EXHIBIT'A'-ENCROACHMENT REQUEST FOR :. A PROPOSED FLOATING PIER, PROPOSED "r �/ ACCESS RAMP, EXISTING RIP RAP =-` .- REVETMENT, EXISTING BLOCK WALL AND • R=10.00 :_;:t EXISTING BULKHEAD i ?� FOR: CHARLES R.AND JODY W. HOLDER S10'48 00 E a50.00' 2713 BLUEBILL DRIVE, LOT 50, SECTION 'IA, NORTH AREA, SANDBRIDGE SHORES,M.B. 78, P. 50 BLUEBILL DRIVE DATE: 05 / 25 /2021 SHEET 1 OF 2 (50'RIGHT-OF-WAY M.B.78 P.50) CLARKDesign Group .a 824 West 21st Street Norfolk, Virginia 23517 (757) 622 - 3900 www. ClarkDes . corn 1 HOLDER ENCROACHMENT EXHIBIT- PROPOSED ENCROACHMENT 0 20 40 PROPOSED FLOATING PIER = 22.4' `_ 11111111.111.101111.11111.11.1111.1 AREA OF NEW ENCROACHMENT = 172 SF y 1" =20' EXISTING ENCROACHMENT 8 EXISTING RIP RAP REVETMENT = 10.6' ^ 2 EXISTING BULKHEAD = 3.7' M.B.78 P.50 ?%. EXISTING BLOCK WALL = 0.4' t L N 6, ;y riZ PROPOSED C-TP :O $a '. ENCROACHMENT a N w 0 45 LINEAR FEET OF EXISTING RIP RAP G AREA SHADED r x0 f o o 3 REVETMENT 1__- y'1 (172 SF) r`�,kiA, $N"' n/f michoel c. dr virginio moioney �-1_ ` O °' Spin: 2433-26-0888 ` 2: `'`r_ TV' cl.b. 4665 p. 1367 J: -sr 1`$ m.b. 103 p.24 lot 77, section 1b / Q 22 Q o / fj — PROPOSED FLOATING PIER 8i... .0� i - e Q c s t o , o —3-`- • , �-o PROPOSED ACCESS RAMP —J �• / OD�N NGR0P N�` N n/f chortes r. Jody w. holder // / ' 3T 5,-y,\'I .` 0 ppin: 2433-26-2913 /'/ / O 13V inst/ 20171109000966730 • m.b. 78 p.50 lot 50, section to / / EXISTING 9'BLOCK WALL —i EXISTING BULKH / n/f rpo bruebill Pc / 9pin: 2433-27-2033 instf' 20170816000697860 m.b. 78 p.50 lot 51, section 10 EXHIBIT'A'- ENCROACHMENT REQUEST FOR • A PROPOSED FLOATING PIER, PROPOSED / ACCESS RAMP, EXISTING RIP RAP REVETMENT, EXISTING BLOCK WALL AND p,LT H O EXISTING BULKHEAD NoteV�� F " FOR:CHARLES R.AND JODY W. HOLDER . > 2713 BLUEBILL DRIVE, LOT 50, SECTION 1A, NORTH GI AREA, SANDBRIDGE SHORES, M.B. 78, P. 50 // D DATE: 05 / 25 / 2021 SHEET2OF 2 BRAD MARTIN Lic. No. 32999 4 05/25/2021 �� C LA R K Design Group � �o � � NG� 824 West 21st Street 4.SS'ONAL L Norfolk, Virginia 23517 (757) 622 - 3900 www . ClarkDes . corn PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this I 4 day of J L n, t' ,2021,by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and CHARLES R. HOLDER and JODY W. HOLDER, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "50," as shown on that certain plat entitled, "REVISED PLAT SANDBRIDGE SHORES SECTION 1A — NORTH AREA PRINCESS ANNE BOROUGH VIRGINIA BEACH, VA.," prepared by Palmer L. Smith, Certified Land Surveyor, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 78,at page 50, and being further designated, known, and described as 2713 Bluebill Dr, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to maintain an existing rip rap revetment, block wall, and bulkhead, and to construct and maintain a 24' x 12' x 8.5'floating pier and an 8' x 4' access ramp collectively, the 'Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City-Owned property known as 352 Tuna Lane the "Encroachment Area" and GPIN: 2433-27-3415 (CITY-OWNED PROPERTY KNOWN AS 352 TUNA LANE) 2433-26-2913 (2713 BLUEBILL DR) WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT 'A' - ENCROACHMENT REQUEST FOR A PROPOSED FLOATING PIER, PROPOSED ACCESS RAMP, EXISTING RIP RAP REVETMENT, EXISTING BLOCK WALL AND EXISTING BULKHEAD FOR: CHARLES R. AND JODY W. HOLDER 2713 BLUEBILL DRIVE, LOT 50, SECTION 1A, NORTH AREA, SANDBRIDGE SHORES, M.B. 78, P. 50" prepared by Clark Design Group, dated May 25, 2021, a copy of which is attached hereto as Exhibit "A", and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and 2 that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attomey's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The 3 Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Charles R. Holder and Jody W. Holder, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on 4 its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2021, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: 5 The foregoing instrument was acknowledged before me this _ day of _ , 2021, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: - H LES . HOLDER, Owner )dd DAk J YJd�:'HOLD R, Owner I STATE OF tnw o. CITY/COUNTY OF A,A.d cg, , to-wit: The foregoing instrument was acknowledged before me this / b day of _._ , 2021, by Charles R. Holder and Jody W. Holder. (SEAL) Notary Public Notary Registration Number: I `E 7 0 4i-3 ..`',,p,14�C Jo'`�•,, 4_190.24/1 7v• or x•.sMy Commission Expires: Zo .3 ;. REPUBLIC - MV COMM S, • EXP : ES :•Q •• °2• /2 .,' lLTH OFJ,` 6 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM MATURE / DANA R M 9" SENIOR ITY Akiv Y DEPARTMENT 7 HOLDER ENCROACHMENT EXHIBIT---.\ 0 40 80 F 1 1"-40' x `___— — --— — — This site pion is based on plot recorded in (City of Virginia Beach) en o13 M.B. 78. Pg. 50 and was prepared ,y.g 78 P.50 45LINEAR FEET OF without the benefit of a title search. Exlsn�R —' �� 0- M /• �, N '�Q.CP �, $>?.a) n/f michoel c. & nio molon 0 O Nta E G / N59'34'001r �t -r13 0 Ur$.a w 5• gpin: 2433-26-0888 d.b. 4665 p. 1367 38.90' - , $ No o ‘ a s m.b. 103 p.24 lot 77, section lb #. ` `�' �` $N'-1' PROPOSED IMPROVEMENTS a,cr \ c SEE SHEET 2 FOR DETAILS PROPOSED �y a,� W r— ACCESS RAMP�i *S-0� VS: �it � ' '� CI /�1� t\ s-a`� o� N3557'001Y - ) 0 1 70.14'-�� / V '`.. I PROPOSED To o i . n/f chorles r. &Jody w. holder FLOATING PIER gpin: 2433-26-2913 , \— EXISTING BULKHEAD j inst# 20177109000966730 // L_ EXISTING 9'BLOCK WALL m.b. 78 p.50 lot 50, section la a 4 / /- i3 IA / ��p.LT H Op L=7J.46 / �� /, / `ti ONs f- Q Z �R=1070.00 /` e. // BRAD MARTIN D a ,- _ � `. Lic. No. 32999 • s.:: �, �. / ,0 05/25/202 15,S ' Q / e� x OAS G\��t,1 ? S 4, 10 n/f rpo bluebill ilc SS/ONAt EN < -__ '�_j /(1 gpin: 2433-27-2033 xs� t� r \ inst# 20170816000697860 r Q�^ / m.b. 78 p.50 lot 51, section to cy L.-{2-STORY FRAME) h m/ " kt2713 BLUEBILL1 l A / EXHIBIT'A'-ENCROACHMENT REQUEST FOR A PROPOSED FLOATING PIER, PROPOSED 'r"i:` ACCESS RAMP, EXISTING RIP RAP L=15.71 ; - / / REVETMENT, EXISTING BLOCK WALL AND x`'. EXISTING BULKHEAD R=1o.o0 �w.�. Y^;?r FOR: CHARLES R.AND JODY W. HOLDER In S 1O'48 00 U 50.00' 2713 BLUEBILL DRIVE, LOT 50, SECTION 1A, NORTH AREA, SANDBRIDGE SHORES,M.B. 78, P. 50 BLUEBILL DRIVE DATE: 05 / 25 /2021 SHEET 1 OF 2 (50'RIGHT-OF-WAY M.B.78 P.50) Design CLARK Group 824 West 21st Street Norfolk, Virginia 23517 (757) 622 - 3900 www. ClarkDes . corn / HOLDER ENCROACHMENT EXHIBIT- PROPOSED ENCROACHMENT 0 20 40 PROPOSED FLOATING PIER = 22.4' �. AREA OF NEW ENCROACHMENT = 172 SF L c 1"=20' EXISTING ENCROACHMENT EXISTING RIP RAP REVETMENT = 10.6' _I,- ^ o. EXISTING BULKHEAD = 3.7' M.B.78 P.50 ?fib.,=' EXISTING BLOCK WALL = 0.4' �' /._.4-.S. t. ; PROPOSED O-O-TP`. ci N si. ENCROACHMENT 4- W� �N$t r- 45 LINEAR FEET OF EXISTING RIP RAP 0 CS AREA SHADED "Q o 3.? REVETMENT --� ,_- .1' • (172 SF) a�Q A $� 3 b a n/f michoel c. & Virginia maloney )' ' `t' 9' , . Spin: 2433-26-0888 ' _,�1, 'S�y`T�'s d.b. 4665 p. 1367 It .) f Ty..,' e. a -Ti) %, m.b. 103 p.24 /of 77, section lb p it- / 'LZQ PROPOSED FLOATING PIER B.O. . . o / \\ ,,1. \\ . i o ' :: ' 'vi�� ��� cto041 PROPOSED ACCESS RAMP / I r GO N NG�0P,Ash ULK L E n/f chories r. & jody w. holder / / / * 3 T�rC`N Spin: 2433-26-2913 // / O A 5. inst/ 20171109000966730 m.b. 78 p.50 lot 50, section l a /, / EXISTING 9'BLOCK WALL EXISTING BULKH —/ / n/1 rpo bluebill tic / gpin: 2433-27-2033 �� inst/ 20170816000697860 m.b. 78 p.50 lot 51, section 10 / EXHIBIT'A'-ENCROACHMENT REQUEST FOR A PROPOSED FLOATING PIER, PROPOSED / ACCESS RAMP, EXISTING RIP RAP REVETMENT, EXISTING BLOCK WALL AND �PLT H O� EXISTING BULKHEAD FOR: CHARLES R.AND JODY W.HOLDER sfiro 2713 BLUEBILL DRIVE, LOT 50, SECTION 1A, NORTH AREA, SANDBRIDGE SHORES, M.B.78, P.50 O /` DATE: 05 / 25 / 202I SHEET2OF2 BRAD MARTIN L5 25No. 3202 CLARK 05/25/202 J Design a e Group `SSIONAL EN 824 West 21st Street Norfolk, Virginia 23517 (757) 622 - 3900 \ www. ClarkDes. corn 1 N illtrAir " i'$ , „ W—014 E '''''-':" - ' s'' ' (1).*:713, 0% -4-11, ., Alt ziiii [[ yam^; fit" \, 2433-26-2913 �'`'' k G 0r t t" CiR .s Qlok 100 ' 33 \ ,,,. i,A _ LOCATION MAP ENCROACHMENT REQUEST FOR CHARLES R. & JODY W. HOLDER Legend 2713 BLUEBILL DRIVE City Properties ti - i GPIN 2433-26-2913 n, . ; r. Feet c:3 2433-26-2913 "' e 0 50 100 200 ti .-, . . • . , .. , .. 11 r..r.1- r* -r1:mrrriliT�cr:frZiki aViTil ritisrei•31' It34.I7it_0114T.,xx1t:3•Z:SKLrn 33 ITEM— VILJ.7 ORDINANCES/RESOLUTIONS ITEM#71921 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED,BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned Property located between the Sandy Beach and the Boardwalk by Oceanfront Investments,LLC re remove two (2)sets of existing wooden stairs and construct and maintain two (2)new sets of wooden stairs Voting: 9-1 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Vice Mayor James L. Wood Council Members Voting Nay: John D. Moss Council Members Absent: Sabrina D. Wooten August 17, 2021 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE TEMPORARY 4 ENCROACHMENTS INTO A PORTION OF CITY 5 PROPERTY LOCATED BETWEEN THE SANDY 6 BEACH AND THE BOARDWALK BY OCEANFRONT 7 INVESTMENTS, LLC. 8 9 WHEREAS, Oceanfront Investments, LLC, a Virginia limited liability company (the 10 "Applicant") is constructing hotels on two parcels of land located at 4201 Atlantic Avenue 11 (GPIN: 2418-96-6049) and 4101 Atlantic Avenue (GPIN: 2418-95-8842) (the "Hotel 12 Parcels"); 13 14 WHEREAS, the Applicant desires to remove two sets of existing wooden stairs that 15 lead from the sandy beach to the Boardwalk, adjacent to the Hotel Parcels, and construct 16 and maintain two sets of new wooden stairs(collectively, the"Temporary Encroachments"). 17 The dimensions of the wooden stairs are (a) 9' W x 10' L and (b) 7' W x 6' L; and 18 19 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 20 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 21 City's property subject to such terms and conditions as Council may prescribe. 22 23 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That pursuant to the authority and to the extent thereof contained in §§15.2-2009 27 and 15.2-2107, Code of Virginia, 1950, as amended, Oceanfront Investments LLC, its 28 assigns and successors in title are authorized to remove two sets of existing wooden stairs 29 and construct and maintain the Temporary Encroachment on City property as shown on the 30 exhibit map entitled: " ENCROACHMENT EXHIBIT SHOWING WOODEN STAIRS FOR 31 THE OCEANSIDE MARRIOTT HOTEL", a copy of which is attached hereto as Exhibit "A" 32 and on file in the Department of Public Works and to which reference is made for a more 33 particular description; 34 35 BE IT FURTHER ORDAINED, that the Encroachments are expressly subject to 36 those terms, conditions and criteria contained in the agreement between the City of Virginia 37 Beach and Oceanfront Investments LLC (the "Agreement"), an unexecuted copy of which 38 has been presented to the Council in its agenda, and will be recorded among the records of 39 the Clerk's Office of the Circuit Court of the City of Virginia Beach; 40 41 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is 42 hereby authorized to execute the Agreement; and 43 44 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 45 time as Oceanfront Investments LLC, and the City Manager or his authorized designee 46 execute the Agreement. i 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 17 th day of 48 August , 2021 . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: h VCU LIC WO KS, R AL ESTATE CITY O NE J CA14877 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d021\p041\00734790.doc R-1 Prepared: 8/4/21 2 EXHIBIT A (Page 1 of 5) ,,—I __ 5 -=---_=�`i..A eEAc>/ STARS PARCEL 1A =_ 14 1-r I I ENCRQ4GHMENT • IN. 20161216001140890) I AREA 1 - FOR THE ( ___===_-__=____=:::21:=_•===:2= =1==== :-:&::::_ _ — BENEFlT7T OF PARCEZ GPIN: 2418-96-6049 "--=----=-----=--------------i--------------------=-_ - _ 24 I76'21 '13" W 247.80' r PARCEL D '` ' � GPIN: 2418-96-9310 9310__ I I I I I I I I I - I I I I I I 1 l I I PROPERTY OF VIRGINIA BEACH , ,.,,, `�� 'r IN. 200507210112271 PARCErL 2A >: (IN. 20161216001140890) r ' GPIN: 2418-95-8967 _ tt.k<, PORTION OF PROPERTY • SUBJECT TO RESTRICTIONS I - F 1 AS SET FORTH IN �"" W� 00' - IN. 200507210112270 — Il �f,:�. P� r MEMMMIMEMMONIM ti g __ === —r .i VN y, x:. 5' PRIVATE WATER LINE UTILITY :__ 1 �° & PEDESTRIAN ACCESS EASEMENT _ ti �� DEDICATED TO PARCEL 2A ___----- _ y7{ ;.I, r• (IN. 2Q1 61 21 6001 1 40890) _—___= '?= ; r.lr11111111111M■■ �, �'< Y' i I III II . IIj 7E 15.0 III,E, fl I i rTt .'.. i -1- BEACH STARS ENCRA4CHMENT AREA2 - FOR _ � I THE BENEFIT OF PARCEL 34 PARCEL 3A L Op PARCEL (IN. 20161216001140890) �- GPIN: 2418-95-8842 CI Li EXISTING 25' DRAINAGE - RIC . ARNER►-. AND SEAWALL Lic. 2904 a _ MAINTENANCE 05/15/2021 X EASEMENT ,t�� O� (IN. 200507210112271) SUR`' '' SCALE: 1"=40' A A ENCROACHMENT EXHIBIT ---=., —/, ,,,_,_ _, SHOWING WOODEN STAIRS FOR OCEANFRONT INVESTMENTS, LLC _ 1 VIRGINIA BEACH, VIRGINIA Landscape Architecture Land Surveying date: 05/18/2021 I fb/pg.: 997/38-47, 1001/1-2 proj. no.: 214-0001 Civil Engineering wpYUSTAlslte.com 757.431.1041 2 p ti61RlIL SlE 8 MI4NA Ma VA 23452 file: 217-0074_Encr.dwg I plat ref.: C-149 CAD/chk: BKM/eag /\./1 ,I 25 DRAINAGE AND I. - SEAWALL EASEMENT —' I- (IN. 2005070210112271) `PARCEL 1A' lifi I Property Line V 193,785 SQ. FT. i I m 4.449 ACRES _ —' 14 Pi� z i�� Property of Oceanfront Investments, LLC `—,� h 4201 Atlantic Ave., Virginia Beach, VA 23451 J S ca i L-----: I� r— I W o N z MIXED-USE HOTEL, I I i I g a) PARKING GARAGE, ! a ` c'2 o @ AND RESIDENCE I PORTION OF PROPERTY }-_ p Q o a I (POET CLAIM PARCEL) N ^ la, z o Q 1- SUBJECT TO RESTRICTIONS i I_ AS SET FORTH IN o Fa IN. 200507210112270 1 '--- W 0 w I _ 1 �.--I o II 0 Encroachment Area ^—i'-6 ', `!F (Wooden Stairs) L--- ' vl /\/ ! r_ 'T r'') N0 0 Q ENCROACHMENT EXHIBIT J,\o= SHOWING WOODEN STAIR6 FOR �`' �s OCEANFRONT INVESTMENTS, LLC Key o VIRGINIA BEACH,VIRGINIA Q H ENCROACHMENT AREA (WOODEN STAIRS) -- .__ Scale:11/16"=25' 1 BEACH CLUB ' 1 -- Property Line 1 W `PARCEL 2A' 'i .1 28,018 SQ. FT. "- ' 0.643 ACRES h Property of Oceanfront Investments, LLC _ Cl) 4200 Atlantic Ave., Virginia Beach, VA 23451 / . 11 7, • i s1 _ —___ 4.a2 7 _ o S 75'S753 W 399.O9(O A J /15 U n . ------ . . _f— — I— -- r CC 2 a.a `PARCEL 3A' Q 46,132 SQ. FT. m 1.059 ACRES A Property of Oceanfront Investments, LLC Beach, at {Quit Encroachment Area XPORTION OF PROPERTY 4101 Atlantic Ave., Virginia VA 23451 W WI—SUBJECT TO TO PARCEL) T; '7.00'w (Wooden Stairs) / AS SET FORTH IN ---i. B IN. 200507210112270 1 1114)6.00' FUTURE DEVELOPMENT SITE , I- i' 25' DRAINAGE AND t_- a SEAWALL EASEMENT I {IN. 2005070210112271) WZ T I 1. • h "' . _1 i 1 .H .I .' \. I GI r 6 Tr") co S 76'15'41" W 334.08' OCEANS ti CONDOMINIUM 69 1Vp0 , GPIN:2418-95-7472 2` s o= 4 ti ���-r ENCROACHMENT EXHIBIT Zr J SHOWING WOODEN STAIRS FOR Key ,Q " OCEANFRONT INVESTMENTS, LLC VIRGINIA BEACH,VIRGINIA ® ENCROACHMENT AREA (WOODEN STAIRS) Scale:9/16"=25' SUBMITTED BY OCEANFRONT INVESTMENTS,LLC Section Detail: Beach Stair 1 MARCH 22,2021 8' - 8" / PAGE 1 of 2 / \ PRESSURE TREATED 4X6 U STAIR TREADS&HANDRAIL CAP 0-3 t% Z ARE 1X6 TREX DECKING Z W ~ 2 W WWU r� = OZw co O5O - ▪ z ,� 1 --1 PRESSURE TREATED 2X4 z ^?§ Z ce 6 WOW -1- = U %%le co 0) l O a a m = PRESSURE TREATED4X6 X W PRESSURE TREATED 2X6li NSSs ___I l Q co W cn \ I / /10 3/4" I PRESSURE TREATED STRINGER M I NOTE:Beach stair does not attach to the seawall SCALE: 1° = 1'-0" SUBMITTED BY OCEANFRONT INVESTMENTS,LLC MARCH 22,2021 / 7' - 0" / Section Detail: Beach Stair 2 PAGE 2 of 2 PRESSURE TREATED 4X6 STAIR TREADS&HANDRAIL CAP 114441144•0, ARE 1X6 DECKING Ns 94111.7 CeU J 1— OJQ PRESSURE TREATED2X4 m H Z 44, w aE - cn i_ > N. F— ww PRESSURE TREATED 4X6 ti E p > UQ = O — w O CO Q S Z Q i I O O 2 z NNNI Z 0Z - ZCe I w0aj PRESSURE I U TREATED2X6 0 Q I w - U) ti ,-1 / / 11 1/4" PRESSURE TREATED STRINGER I NOTE:Beach stair does not attach to the seawall N . SCALE: 1" = 11-0" PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE(BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this day of ,:Y , 2021, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and OCEANFRONT CONDOMINIUM ASSOCIATION, INC., a Virginia corporation, CAVALIER OCEANFRONT RESIDENCES, LLC, a Virginia limited liability company, OCEANFRONT SOUTH, LLC, a Virginia limited liability company, and OCEANFRONT INVESTMENTS, LLC, a Virginia limited liability company, and their assigns and successors in title (collectively, "GRANTEE"). WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "PARCEL 1A' and "PARCEL 3A"; as shown on that certain plat entitled: "SUBDIVISION OF PARCEL 1 PROPERTY OF OCEANFRONT INVESTMENTS, LLC (IN. 200507210112271)", dated June 30, 2016, prepared by WPL, Landscape, Architecture, Land Surveying, Civil Engineering, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20161216001140890 (the "Plat"), and being further designated, known, and described as 4201 Atlantic Avenue, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain, two (2) sets of the wooden stairs, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, said Temporary Encroachment shall not, under any circumstances, be attached to or in any way affect the seawall structure; and GPIN: 2418-96-9310 (City Property), 2418-95-8842 (4101 Atlantic Ave.), and and 2418-96-6049 (4201 Atlantic Ave.) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property shown as Parcel D on the Plat, including a portion of the sandy beach, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit consisting of five (5) pages entitled: "ENCROACHMENT EXHIBIT SHOWING WOODEN STAIRS FOR OCEANFRONT INVESTMENTS, LLC", a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the City shall have the right to repair or remove the Temporary Encroachment (specifically private sewer force main and appurtenances) in the event of an emergency or public necessity or public safety, and Grantee shall bear all costs and expenses of such repair and removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. Grantor represents that it has obtained, or will obtain, all necessary permits from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). 3 It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Grantee agrees to jack or bore proposed sewer and/or water line under driveways. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said Oceanfront Condominium Association, Inc, Cavalier Oceanfront Residences, LLC, and Oceanfront Investments, LLC have caused this Agreement to be executed on their behalf by duly authorized representatives. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. [ SIGNATURES ON FOLLOWING PAGES ] 5 611\ CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia By: _ (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2021, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2021, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 0A/tj\ OCEANFRONT CONDOMINIUM ASSOCIATION, INC., a Virginia corporation By: (SEAL) Robert VTF{oward, Director STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this a day of 1-14 r , 2021, by Robert M. Howard, as Director of Oceanfront Condominium Association, Inc., a Virginia corporation, on its behalf. KELLY A. NORDHUES NOTARY PUBLIC REGISTRATION t 7507965 COMMONWEALTH OF VIRGINIA //if<4 A IJJu (SEAL) MY CAU �STEXPIRES AUGUST 20221RE Notary Poblic Notary Registration Number: is o7 yis My Commission Expires: Is •3s �zz [ REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK ] CAVALIER OCEANFRONT RESIDENCES, LLC, a Virginia limited liability company By: Professional Hospitality Resources, Inc., its Manager By: (SEAL) Robert M. Howard, Chief Investment Officer STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this ZAii day of , 2021, by ROBERT M. HOWARD, as Chief Investment Officer of PROFESSIONAL HOSPITALITY RESOURCES, INC., a Virginia corporation, Manager of CAVALIER OCENTRONT RESIDENCES, LLC, a Virginia limited liability company, on its behalf. KELLY A. NORDHUES NOTARY PUBLIC /n ^ // �,��B/-- I REGISTRATION#7507965 A /VBX-,46. j. (SEAL) COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES Notary Niblic AUGUST 31,2022 Notary Registration Number: 7S 019 6.5 My Commission Expires: 6 •31- z z (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 8 OCEANFRONT INVESTMENTS, LLC, a Virginia limited liability company By: Professional Hospitality Resources, Inc., a Virginia corporation, its Manager By: _) (SEAL) Robert M. Howard, Chief Investment Officer STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of ftu54sT , 2021, by ROBERT M. HOWARD, as Chief Investment Officer of PROFESSIONAL HOSPITALITY RESOURCES, INC., a Virginia corporation, Manager of OCEANFRONT INVESTMENTS, LLC, a Virginia limited liability company. KELLY A. NORDHUES NOTARY PUBLIC REGISTRATION A 7507965 /5-LiZ �c�,�/JCOMMONWEALTH OF VIRGINIA 4 / '/`"K h? (SEAL) MY COMMISSION EXPIRES AUGUST31,2022 Notary Pliblic Notary Registration Number: 75 0 7 `6.5 My Commission Expires: (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 9 OCEANFRONT SOUTH, LLC, a Virginia limited liability company By: Professional Hospitality Resources, Inc., a Virginia corporation, its Manager By: .., (SEAL) Robert M. Howard, Chief Investment Officer STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this ZA day of A u Jyu5 t' , 2021, by ROBERT M. HOWARD, as Chief Investment Officer of PROFESSIONAL HOSPITALITY RESOURCES, INC., a Virginia corporation, Manager of OCEANFRONT SOUTH, LLC, a Virginia limited liability company. KELLY A.NOTARNORgD`H�UES REGISTRATION N 7507965 ,l/,�w,-- 1J1 COMMONWEALTH OF VIRGINIA - U 447 (SEAL) MY COMMISSION EXPIRES Notary P IIC AUGUST 31,2022 Notary Registration Number: 75 o7 y6.5 My Commission Expires: - 3 i• zozz (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 10 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM SIGNATURE CITY ATTORNEY DEPARTMENT 11 k. ,\la`ba,,,a,. '`�, r+"'•��rn.rn.r,nrb,v+a��+~•oaawn, - b,r"` a0ba`,a+ba /40.1.' v_,....,..m. .........P.Ookostiar,Ose,e4d01.00•0.0,00 t • — \ - :', a w a a Q 3 tit Q Z 8 = Q l • IGFAN fR�j Av� �--I ..'f • 1\ I1 - \\,_._----- J N U a ,4 _- r �J s �ti I • I ( ? 1 2 f::3V.... ,__--- . . :I'll...........:;..::.......‘,.• s `1 Z ti t c 1 dntt�nve,.0 04 --.�' o \ �' AT`A11G AVE �. .= v 1� - c AZT' " -��c..,. r:r^1 rf _ � ls 4 t a 1 d ` .5.\ pdG 34 ITEM— VII.J.8 ORDINANCES/RESOLUTIONS ITEM#71922 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED,BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned Property known as Lake Joyce and the 25'Strip of City property around Lake Joyce located at the rear of 2344 Bayville Road re construct and maintain a vinyl bulkhead,pump house, boat ramp and wood dock Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Sabrina D. Wooten August 17, 2021 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF THE CITY'S PROPERTY 6 KNOWN AS LAKE JOYCE AND THE 25' 7 STRIP OF CITY PROPERTY AROUND 8 LAKE JOYCE LOCATED AT THE REAR 9 OF 2344 BAYVILLE ROAD 10 11 WHEREAS, Peter A. Ryan and Kimberley H. Ryan (the "Applicants")desires 12 to construct and maintain a 153' vinyl bulkhead, a 2.4' x 2.8' pump house, an 11.79' x 13 21.93' boat ramp, and a 26' x 10' wood dock in a portion of the City property known as 14 Lake Joyce (GPIN: 140-80-2438) and a 25' strip of City property around Lake Joyce, 15 located at the rear of 2344 Bayville Road, GPIN 1570-90-2311 (the "Temporary 16 Encroachments"); and 17 18 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 19 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 20 the City's property subject to such terms and conditions as Council may prescribe. 21 22 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 26 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicants, their assigns and 27 successors in title are authorized to construct and maintain the Temporary Encroachments 28 in the City's property as shown on the map entitled: "EXHIBIT A ENCROACHMENT 29 EXHIBIT SHOWING PROPOSED VINYL BULKHEAD, WOOD DOCK, PUMP HOUSE & 30 BOAT RAMP FOR PETER A. RYAN & KIMBERLEY H. RYAN GPIN 1570-90-2311 LOT 31 18, SECTION 2, BAYLAKE PINES M.B. 38, PG. 21 CITY OF VIRGINIA BEACH, 32 VIRGINIA," Scale: 1" = 30', prepared by Gallup Surveyors & Engineers, a copy of which is 33 attached hereto as Exhibit A and on file in the Department of Public Works and to which 34 reference is made for a more particular description; 35 36 BE IT FURTHER ORDAINED, that the Temporary Encroachments are 37 expressly subject to those terms, conditions and criteria contained in the agreement 38 between the City of Virginia Beach and the Applicants (the "Agreement"), an unexecuted 39 copy of which has been presented to the Council in its agenda, and will be recorded among 40 the records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; 41 42 BE IT FURTHER ORDAINED, that the City Manager or his authorized 43 designee is hereby authorized to execute the Agreement; and 44 45 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 46 such time as Peter A. Ryan and Kimberley H. Ryan,and the City Manager or his authorized 47 designee execute the Agreement. 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the 17 t h 50 day of August , 2021. CA15222 R-1 Prepared: 8/10/21 11vbgov.comktfslle pplicetlon sldtylawlcycom321wpdocsk10221p041100740278.doc APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: t) .kij }BLIC WORKS, REAL ESTATE DANA . RMEYER SENIOR CITY ATTORNEY 2 'NOTE:THE PROPOSED PUMP HOUSE SHALL NOT BE A NOW OR FORMERLY JON'CE PERMANENT STRUCTURE WITHIN THE CITY EASEMENT,THE LAKE gEp,CH THOMAS M.AMMONS, CITY OF VIRGINIA PUMP HOUSE SHALL BE CONSTRUCTED ON SKIDS THAT CAN ET AL AS TRUSTEES pg. 1018,PG.154 MAKE THE STRUCTURE MOVABLE. DOCK � D.B. 586, PG.213 M B 38,P•21 WOODD S61°0T3TE PARCEL C 1570-80'2438 WOOD DOCK TO BE REMO 23.18' M.B. 38, P.21 GPIN PROPOSED 153'OF GPIN: 1570-90-7109 EX• WOOD DOCK 6.0 . VINYL BULKHEAD NAIL(F) r TO BE REMOVED ` °' 1 c •7.91' __ EX PUMP HOUSE a 20.0' __ l____ BOTHE p �1� � � ,� PIN(S) l TO BE MOV7` C h� • u SQ. PIN(F)ON LINE 11.60' I W1 "PUMP ( ,P dpHOUSEAT123.23BU - c 2.4'X2.8' - 6' PIN(S)R ) wS62°15'39°E 8p.2 _ '� 2�w0ON in 0 PINS) �><, re Fa-rn 25'STRIP OWNED B CN N O co a m w a VIRGINIA 64� ME CITY OF SHED co u-wz�ym� 'v a� ❑ a D.B. 1570$p'2438 'GONG: 000 co, �.<o co Gp1M.B.38,P.21 .P�1T{Cl. �o�, ,?a z N~ a O OJ 0 Ll ce z,p) w O Q FILLER CAP z �z o20OFNR0 g d m ® m Ts'pYgcv�Mo CONC. A/ NC 1s� redsON z 1 STORY BRICK&FRAME �'� Oz —0•z RESIDENCE S'AO w0oO 0 #2344 2— o=N PETER A. & '.'.Z re Z - - -- 1111 \•5)'° GONG..•.'.' KIMBERLEY H. RYAN .'.DRIVE''" •• I.N.20200423000353840 P L, l .. LOT 18 1060.23'TO .C.AT PIN(F) R= 8 M.B. 38, P.21 INDIAN HILL ROAD 50.0p, ......... GPIN: 1570-90-2311 kLT I ,.... . ���� UAL, DRIL ..... L=32.2�'� L=76.85' R=20J0.66' +PIN(F) �, HOLES) R=37.92. PIN(F) VARIABLERJW) (' DA �1l 1'.vipoPott, LER gg1(VILLE ROAD ` c.No.38395 M.B. 38, P.21 EXHIBIT A �'O ,•\r• ,(4wY ENCROACHMENT EXHIBIT SHOWING _AL., L E�Gti� PROPOSPUMPD INYL HOUSE& BOAT BULKHEAD, WHOODP DOCK, FOR 1. THIS PLAN WAS PERFORMED WITHOUT THE PETER A. RYAN & KIMBERLEY H. RYAN BENEFIT OF A TITLE REPORT. GPIN 1570-90-2311 2. THIS EXHIBIT IS INTENDED FOR AN LOT 18,SECTION 2,BAY LAKE PINES ENCROACHMENT REQUEST ONLY. M.B. 38, PG.21 GALLOP CITY OF VIRGINIA BEACH,VIRGINIA SURVEYORS&ENGINEERS 0 30 60 323 FIRST COLONIAL ROAD ����d VIRGINIA BEACH,VIRGINIA 23454 (757)428-8132(757)425-2390 FAX Scale: 1"=30' Date: SEPT. 10,2020 Sheet 1 of 1 W:\Ryan,Cater-2344 Sayville Rd\Drawir gs\19-02 Encroachment Exhibitdwg,B/10/2021 9A032 AM PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE(BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this day of I;UVii, , 2021, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and PETER A. RYAN and KIMBERLEY H. RYAN, THEIR ASSIGNS AND SUCCESSORS IN TITLE, collectively, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT 18" as shown on that certain plat entitled: "SUBDIVISION NO. 2 OF BAY LAKE PINES PRINCESS ANNE CO., VA. AND RE- SUBDIVISION OF PARCEL 'C' OF SUBDIVISION NO. 1 — BAY LAKE PINES," dated December 1954, prepared by JNO. M. Baldwin, C.E., which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 38, at page 21, and being further designated, known, and described as 2344 Bayville Road, Virginia Beach, Virginia 23455; WHEREAS, it is proposed by the Grantee to construct and maintain, a 153' vinyl bulkhead, a 2.4' x 2.8' pump house, an 11.79' x 21.93' boat ramp, and a 26' x 10' wood dock, collectively the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: CITY PROPERTY 1570-80-2438 (LAKE JOYCE) GPIN: 1570-90-2311 (2344 BAYVILLE ROAD) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Lake Joyce and the 25' strip of City property around Lake Joyce, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is.more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT EXHIBIT SHOWING PROPOSED VINYL BULKHEAD, WOOD DOCK, PUMP HOUSE & BOAT RAMP FOR PETER A. RYAN & KIMBERLEY H. RYAN GPIN 1570-90-2311 LOT 18, SECTION 2, BAYLAKE PINES M.B. 38, PG. 21 CITY OF VIRGINIA BEACH, VIRGINIA," Scale: 1" = 30', prepared by Gallup Surveyors & Engineers, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 2 Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. 3 It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed 4 to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said Peter A. Ryan and Kimberley H. Ryan, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2021, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk 5 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2021, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 6 .( 1 r (SEAL) Peter A. Ryan, dwner ' K .4.1.t .e�" (SEAL) �Y H.Runbe OwnerI Ry�� STATE OF" vc CITY OF V iri G &G.C.,11 , to-wit: The foregoing instrument was acknowledged before me this day of J+ , 2021, by Peter A. Ryan and Kimberley H. Ryan. � I .�1 (SEAL) Notary Pubic AS__ EY RENEE HARGROVE Notary Registration Number: cl ' !` Notary Public 1 Commonwealth of Virginia Registration#7770977 My Commission Expires: M l 3` My Commission Expires May 31.2022 l0 - 'mm s • a n. ary public as Ashley Renee Hargrove. APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SU CIENCY AND FORM r,t) / SIG NATURE I MEYER SENIOR CITY ATTORNEY Sick DEPARTMENT 7 CE 'NOTE:THE PROPOSED PUMP HOUSE SHALL NOT BE A NOW OR FORMERLY LAKE joY BEACH PERMANENT STRUCTURE WITHIN THE CITY EASEMENT,THE THOMAS M.AMMONS, CITY Of VIRGINIA E PUMP HOUSE SHALL BE CONSTRUCTED ON SKIDS THAT CAN ET AL AS TRUSTEES 1018r G. MAKE THE STRUCTURE MOVABLE. / D.B. 586, PG.213 D.B. 38,p•21 EX. WOOD DOCK PARCEL C M.B• TO BE REMO ED S61°07'32 E 157�0"2438 PROPOSED �/ 23.18 M.B. 38, P.21 GPIN: WOOD DOCK PROPOSED 153'OF GPIN: 1570-90-7109 EX. WOOD DOCK 6.0' - VINYL BULKHEAD NAIL(F) _! TO BE REMOVED ` o `�0 47.9�__•'_---'- :BULKHF-A`D EX. PUMP HOUSE 0 20.0'e' 1�1 ^ PIN(S) (OTHERS) TO BE �'� :- - - M01 60' .=� �/� *PUMP P w �'i .-41 ,` SQ. PIN(F)ON LINE �� to HOUSE - r2'j ''. AT 123.23' z Bu�OD N N 1' 'o tia 0 2.4)(2.8' - o HEAD PIN(S) - �Nz a1 (OTHERS) ;, (4 I S62"639"E 80.26 W!!! ON� PIN(S) ce o a rn' wr' 25'S-TRIP OWNEDB CH N U ,C1N OF VIRGINIA SHED in r�co0n o�CV Ch 0 apg.1018 P p-2438 'GONG: p co m�r� w2 GPIN:1538P.21 :P�°1 rio: c Mz o _ ME. p a z wwcz r�i IliO Q FILLERCAP _ 14z WQ`-ONQ p d ... A 2(Dop G COm CO OY�w�o . CONC. NC NC \P17. cn r, Ce ots o Z 1 STORY BRICK& FRAME "' C! RESIDENCE *.o mco1--c- #2344 16 Z�ZJ ... .... ..... \, .... .. ... PETER A. & '.'.GON :.'.' KIMBERLEY H. RYAN PIN(F) :.DRIVE:.:::• '. '' • I.N. 20200423000353840 CAT ., =34,08r ..........•. LOT 18 1060.23'TO P• vR�SQ M.B. 38, P.21 INDIAN HILL ROAD 00 ....... GPIN: 1570-90-2311 ,,v.,pLT$O� �e L- HDRIL OLE(8j��32.29�? L=76.85 R=2050.66' +PIN(F) �` R=37.92, PIN(F) ( ' DA ;11 I'-ve% TLER Y BAYVILLE ROAD (VARIABLE RAN) c.No.38395 M.B. 38,P.21 EXHIBIT A 'po �� ENCROACHMENT EXHIBIT SHOWING PROPOSED VINYL BULKHEAD, WOOD DOCK, '\551, .-/oNAL V�G PUMP HOUSE & BOAT RAMP FOR 1. THIS PLAN WAS PERFORMED WITHOUT THE PETER A. RYAN & KIMBERLEY H. RYAN BENEFIT OF A TITLE REPORT. GPIN 1570-90-2311 2. THIS EXHIBIT IS INTENDED FOR AN LOT 18,SECTION 2, BAY LAKE PINES ENCROACHMENT REQUEST ONLY. M.B. 38, PG. 21 GALLUP CITY OF VIRGINIA BEACH,VIRGINIA SURVEYORS&ENGINEERS 0 30 60 323 FIRST COLONIAL ROAD liMMIMMINE VIRGINIA BEACH,VIRGINIA 23454 (757)428-8132(757)425-2390 FAX Scale: 1"=30' I Date: SEPT. 10,2020 I Sheet 1 of 1 r W:\Ryan Peter-2344 Bayville Rd\Drawings\19-02 Encroachment Exhibitdwg,8/10/2021 9A0.32 AM '' rlizfr,"(.41064/ ,,,.. . "NW/?.. �._ 4," . 'rt. ,� -t * . . e,••,k- , 1,.. „, 1,...,4: „4„,, ,,, . i .„ w+E i'" � . T, i Pw t, �, �� 5 /frl• �s' '. r' N f � � NM. ✓ { .... tom,. ��.. �� � Fr '�M ? ... � • ' • ' ir..... , .,. . i r V,., . A.....* I. . ,..... . .. ... . . , , , ,iiiiik? ii ‘ , ' ... „, = 1570-90-2311 Artti.,,,„. l i.. .r. • .„ ,, r -„ ,:, ....... ,. ... iiiik,--. 6#44,,,,..„,..... .. . ,„,„ r..„.,.„..,,, , ,44,,, ,1 „. s `mow lt,,....1 ' . , , ,., , . , .. ,.,,, ,F. ,,. \ , i?:te � F • 4101b. • k 111J, ly I LOCATION MAP • ,� ENCROACHMENT REQUEST ,A •- �� PETER A. & KIMBERLEY H. RYAN Legend 2344 BAYVILLE ROAD I, GPIN 1570-90-2311 City Properties . ' D 1570-90-2311 Feet SA, frl .' 1. . ® 0 100 200 400 prepared by P.W iE ng.IEng. upped Services!' ireau 02i 15;2021 X:ICADD1Projects\ARC Fdes1AGENDA MAPS11 570-9 0-2 3 1 1 Aena 35 ITEM— VILJ.9 ORDINANCES/RESOLUTIONS ITEM#71923 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to APPROPRIATE $525,547 to the Clerk of Circuit Court Operating Budget re technology related expenses Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Sabrina D. Wooten August 17, 2021 1 AN ORDINANCE TO APPROPRIATE $525,547 TO THE 2 CLERK OF THE CIRCUIT COURT FOR TECHNOLOGY 3 RELATED EXPENSES 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 $525,547 is hereby appropriated from the fund balance of the Technology Trust 9 Fund to the FY 2021-22 Operating Budget for the Clerk of the Circuit Court to support 10 technological related needs and upgrades. Adopted by the Council of the City of Virginia Beach, Virginia on the 17 t h day of August 2021. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 76, /e,e B dget and Management Services City Attomey's Office CA15505 R-1 July 22, 2021 36 ITEM—VII.K.1 PLANNING ITEM#71924 The following registered to speak: Eddie Bourdon, 4429 Bonney#500, Phone: 499-8971,Attorney for Applicant, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Lisa Clarkson, 3808 North Landing Road, Phone: 450-3329, spoke in OPPOSITION Upon motion by Council Member Henley, seconded by Council Member Moss, City Council DEFERRED INDEFINITELY, Application of THOMAS A. BROWN for a Variance to Section 4.4 (b & d) of the Subdivision Regulations re direct access to a public street and street line frontage requirements at 2888 Indian River Road DISTRICT 7—PRINCESS ANNE(Deferred from February 16, 2021) Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Rosemary Wilson and Vice Mayor James L. Wood Council Members Voting Nay: Guy K. Tower Council Members Absent: Sabrina D. Wooten August 17, 2021 37 ITEM—VII.K.2 PLANNING ITEM#71925 The following registered to speak: Eddie Bourdon, 4429 Bonney#500, Phone: 499-8971,Attorney for Applicant, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Lisa Clarkson, 3808 North Landing Road, Phone: 450-3329, spoke in OPPOSITION Upon motion by Council Member Henley, seconded by Council Member Moss, City Council DEFERRED INDEFINITELY, Application of THOMAS A. BROWN for a Variance to Section 4.4 (b & d) of the Subdivision Regulations re direct access to a public street and street line frontage requirements at 2892 Indian River Road DISTRICT 7—PRINCESS ANNE(Deferred from February 16, 2021) Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Rosemary Wilson and Vice Mayor James L. Wood Council Members Voting Nay: Guy K. Tower Council Members Absent: Sabrina D. Wooten August 17, 2021 38 ITEM—VILK.3 PLANNING ITEM#71926 The following registered to speak: Eddie Bourdon, 4429 Bonney#500, Phone: 499-8971,Attorney for Applicant, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Lisa Clarkson, 3808 North Landing Road, Phone: 450-3329, expressed concerns with notice requirements and application process Upon motion by Council Member Henley, seconded by Council Member Wilson, City Council APPROVED, AS CONDITIONED, BY CONSENT, Application of ROBERT NELSON, ET AL.for a Variance to Section 4.4(b) of the Subdivision Regulations and Floodplain Variance to Section 4.10 of the Floodplain Ordinance re lot area and develop a single-family dwelling at West Landing Road DISTRICT 7—PRINCESS ANNE ROBERT NELSON, ET AL. for a Variance to Section 4.4(b) of the Subdivision Regulations and Floodplain Variance to Section 4.10 of the Floodplain Ordinance re lot area and develop a single-family dwelling at West Landing Road(GPIN 1492624123)DISTRICT 7—PRINCESS ANNE The following conditions shall be required: 1. The lot shall be legally recorded substantially as depicted on the submitted exhibit entitled "Boundary Exhibit of Property of Olivia J.Neilson being the remainder of twenty-two(22) acres, more or less"dated March 29, 2021, and prepared by Fox Land Surveying, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 2. When the property is developed, it shall be in substantial conformance with the exhibit entitled "Boundary Exhibit of Property of Olivia J.Neilson being the remainder of twenty- two(22)acres, more or less"dated March 29,2021, and prepared by Fox Land Surveying, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 3. Fill shall be limited to the minimum necessary for placement of the septic system and associated drainage field and driveway, in accordance with the requirements outlined in Section 4.10 B.4 of the Floodplain Ordinance. 4. The residential dwelling shall be elevated using a pile foundation to further minimize the use of fill on the property. This Ordinance shall be effective in accordance with Section 107(1)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 17h day of August Two Thousand Twenty One. August 17, 2021 39 ITEM—VII.K.3 PLANNING ITEM#71926 (Continued) Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Sabrina D. Wooten August 17, 2021 A AG 1 G 1 AG2 AG2 ' , AG 2 9/ -IN est, _ . AG2 =La n B2 - nd-a-a, 0 0 �� d_ ... 040 4• o • AG2 0 iik S AG 1 �_,-__ N Robert Nelson, et al. W -�',�' is vim Site ; ``,, Property Polygons West Landing Road s Zoning Building - Feet 0 50100 200 300 400 500 600 40 ITEM—VII.K.4 PLANNING ITEM#71927 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS CONDITIONED, BY CONSENT, Application of H. MARTIN SNEAD,III& LINDA P. SNEAD for a Street Closure re 7.5-foot by 50-foot portion of an unimproved alley adjacent to 828 Vanderbilt Avenue DISTRICT 6—BEACH H. MARTIN SNEAD, HI& LINDA P. SNEAD for a Street Closure re 7.5-foot by 50-foot portion of an unimproved alley adjacent to 828 Vanderbilt Avenue DISTRICT 6—BEACH The following conditions shall be required: The following conditions except Condition 1 has been modified to include the specific purchase price: 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. It has been determined that the purchase price to be paid to the City shall be$3,000, which is consistent with similar street closures in this area. 2. The Applicants shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lot. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication of a public drainage easement over the closed portion of the alley to the City of Virginia Beach,subject to the approval of the Department of Public Works, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The Applicants shall verify that no private utilities exist within the right-of-way proposed for the closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 4. Closure of the Right-of-Way shall be contingent upon compliance with the above stated conditions within three hundred sixty-five (365) days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one year of the City Council vote to close the Right-of-Way this approval shall be considered null and void. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 17`h day of August Two Thousand Twenty One. August 17, 2021 41 ITEM—VII.K.4 PLANNING ITEM#71927 (Continued) Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Sabrina D. Wooten August 17, 2021 1 ORDINANCE APPROVING APPLICATION 2 OF H. MARTIN SNEAD, III AND LINDA P. 3 SNEAD FOR THE CLOSURE OF ONE- 4 HALF OF AN UNIMPROVED UNNAMED 5 ALLEY ADJACENT TO THE REAR OF 828 6 VANDERBILT AVENUE IN CROATAN 7 8 WHEREAS, H. Martin Snead, Ill and Linda P. Snead (the "Applicants") applied to 9 the Council of the City of Virginia Beach, Virginia, to have the hereinafter described 10 portion of an unimproved, unnamed right-of-way discontinued, closed, and vacated; and 11 12 WHEREAS, it is the judgment of the Council that said portion of right-of-way be 13 discontinued, closed, and vacated, subject to certain conditions having been met on or 14 before one (1) year from City Council's adoption of this Ordinance. 15 16 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 17 Beach, Virginia: 18 19 SECTION I 20 21 That the hereinafter described portion of unimproved right-of-way (the "Right-of- 22 Way") be discontinued, closed and vacated, subject to certain conditions being met on 23 or before one (1) year from City Council's adoption of this ordinance: 24 25 ALL THAT certain piece or parcel of land situate, lying and 26 being in the City of Virginia Beach, Virginia, designated and 27 described as "7.5' x 50' portion of an unimproved alley 28 proposed to be closed (375 SF / 0.0086 AC)" and shown as 29 the hatched area on that certain street closure exhibit 30 entitled: "EXHIBIT SHOWING PORTION OF 15' ALLEY 31 ADJACENT TO LOT 3, BLOCK 14, CROATAN BEACH, TO 32 BE CLOSED (M.B.24 P.37) VIRGINIA BEACH, VIRGINIA", 33 Scale: 1" = 20', dated April 27, 2021, prepared by DKT 34 Associates, a copy of which is attached hereto as Exhibit A. 35 36 SECTION II 37 38 The following conditions must be met on or before one (1) year from City 39 Council's adoption of this ordinance: 40 41 1. The City Attorney's Office will make the final determination regarding 42 ownership of the underlying fee. The purchase price to be paid to the City shall be 43 determined according to the "Policy Regarding Purchase of City's Interest in Streets 44 45 No GPIN Assigned (City Right-of-Way) 46 Adjacent GPIN: 2426-37-8559 47 Pursuant to Street Closures", approved by City Council. It has been determined that the 48 purchase price to be paid to the City shall be $3,000, which is consistent with similar 49 street closures in this area. 50 51 2. The Applicants shall resubdivide the property and vacate the internal lot 52 lines to incorporate the Right-of-Way into the adjoining lot. The resubdivision plat must 53 be submitted and approved for recordation prior to the final street closure approval. 54 Said plat shall include the dedication of a public drainage easement over the Right-of- 55 Way to the City of Virginia Beach, subject to the approval of the Department of Public 56 Works, and the City Attorney's Office, which easement shall include a right of 57 reasonable ingress and egress. 58 59 3. The Applicants shall verify that no private utilities exist within the Right-of- 60 Way proposed for closure. If private utilities do exist, easements satisfactory to the utility 61 company must be provided. 62 63 4. Closure of the Right-of-Way shall be contingent upon compliance with the 64 above-stated conditions within 365 days of approval by City Council. If the conditions 65 noted above are not accomplished and the final plat is not approved for recordation 66 within one (1) year of City Council approval, said approval shall be considered null and 67 void. 68 69 SECTION III 70 71 1. If the preceding conditions are not fulfilled on or before August 16, 2022, 72 this Ordinance will be deemed null and void without further action by the City Council. 73 74 2. If all conditions are met on or before August 16, 2022, the date of final 75 closure is the date the street closure ordinance is recorded by the City Attorney. 76 77 3. In the event the City of Virginia Beach has any interest in the underlying 78 fee, the City Manager or his designee is authorized to execute whatever documents, if 79 any, that may be requested to convey such interest, provided said documents are 80 approved by the City Attorney's Office. 81 82 SECTION IV 83 84 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 85 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 86 VIRGINIA BEACH (as "Grantor") and H. MARTIN SNEAD, III and LINDA P. SNEAD 87 (collectively, as Grantee"). 88 89 Adopted by the Council of the City of Virginia Beach, Virginia, on this 17th day 90 of August . 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1.,)12}14 ..,._, Planning De rtm nt City Atto y 6 -Z(;1-C1'1.'61-:L-.' CA15228 \\vbgov.com\dfs l\applications\citylaw\cycom32\wpdocs\d026\p038\00740843.doc R-1 August 4, 2021 MB NORTy 37 13 12 14A now or formerly now or formerly MILTON C. MARTIN & DONALD L. MAXWELL& now oI SUSAN B. MARTIN I VIRGINIA K. MAXWELL formerly CECIL D.. III HYLTON REVOCABLE TRUST I INSTR.NO.20120312000275250 I D.B.3786 P.1654 I INSTR.NO.20080103000013460 GPIN:2426-37-9664 I GPIN.2426 37-9670 GPIN:2426-37-9647 I REMAINDER OF 15'ALLEY (UNIMPROVED) 15'ALLEY REMAINDER OF 15'ALLEY (UNIMPROVED) (UNIMPROVED) ————————— -----SO4'14'15"E 50.00' 7.5'x 50'portion of an unimproved alley 4 proposed to be closed(375 SF/0.0086 AC) 2 now or formerly now or formerly WILLIAM J. CASHMAN, JR. ALAN ARNOLD TAN LIM TRUST 3 AND JUDY Y. LIM INSTR.NO.20051219002031570 = 5,000 SF N INSTR.NO.20120215000167650 a 0.1148 AC GPIN:2426-37-8645 GPIN:2426-37-8575 H. MARTIN SNEAD, III & 4 LINDA P. SNEAD m X + D.B. P. o D.C.GPIN:2426-37-8559 8 o gct --- -- v N04'14'15"W 50.00' \ 100.00'to Washington Avenue(plat) Lockheed Ave.(field) VANDERBILT AVENUE (80') (FORMERLY PACIFIC AVENUE) ��AVrx Op L EXHIBIT SHOWING j f, Portion of 15'Alley adjacent to Lot 3, D K T A s s o c i a t e s � G' Block 14,Croatan Beach,to be closed LAND SURVEYORS f (M.B.24 P.37) DENNIS/�BA� Virginia Beach,Virginia April 27,2021 Lic. No. 002189 ,ck, For: H.Martin Snead,III 1100 Granby Street - 4 27 21 O Suite 100 ,y .L Job Number 22261 Drawing Scale 1"=20' Norfolk,VA 23510 O •c, Field Book N/A Paper Size Legal S U R CAD Technician JSB Revised Date DKTAssociates.com Tel (757)588-5888 Reviewed By DT Sheet Number 1 of 1 42 ITEM—VILK.5 PLANNING ITEM#71928 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS CONDITIONED, BY CONSENT, Application of ATLANTIC PARK, INC. & CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY(VBDA)for a Street Closure re portions of 18`h Street between Pacific and Arctic Avenues DISTRICT 6—BEACH ATLANTIC PARK, INC. & CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY(VBDA)for a Street Closure re portions of 18`h Street between Pacific and Arctic Avenues DISTRICT 6—BEACH The following conditions shall be required: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City is normally determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. However, no purchase price shall be charged for this street closure because the City of Virginia Beach Development Authority is an applicant seeking this street closure. 2. The Applicants, or the Applicants'successors or assigns, shall resubdivide the properties and vacate internal lot lines to incorporate the Right-of-Way into the adjoining parcels. The resubdivision plats must be submitted and approved for recordation prior to the final street closure approval. Said plats shall include the dedication of a public drainage easement over the Right-of-Way to the City if it is determined by the Department of Public Works to be necessary, subject to the approval of the Department of Public Works, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The Applicants shall submit a Traffic Impact Study and Sight Distance Analysis (the "Studies') to be reviewed by the Traffic Engineer for the Department of Public Works prior to the final approval of the street closure. Based upon the results of the Traffic Engineer's analysis of the Studies, the Applicants shall, if necessary, adjust or modify the areas proposed for closure to areas no greater than what is described herein and shown on the exhibit attached to the Ordinance, subject to the approval by the Department of Public Works. 4. The Applicants shall cause to be relocated public water and sanitary sewer infrastructure adjacent to the areas to be closed along or within 18th Street if determined by the City that the said infrastructure will be impacted by the street closure in a way that causes the location of the infrastructure, in relation to improvements proposed by the Applicants, to present an unacceptable risk to the City or the City's ability to maintain said infrastructure. August 17, 2021 43 ITEM—VILK 5 PLANNING ITEM#71928 (Continued) 5. The Applicants, or the Applicants' successors or assigns, shall verify that no private utilities exist within the Right-of-Way.If private utilities do exist, easements satisfactory to the utility company, must be provided. 6. Closure of the Right-of-Way shall be contingent upon compliance with the above stated conditions within three hundred sixty-five (365) days of approval by City Council. If the conditions noted above are not accomplished and the final plats are not approved for recordation within one year of the City Council vote to close the Right-of-Way, this approval shall be considered null and void. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 17t day of August Two Thousand Twenty One. Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Sabrina D. Wooten August 17, 2021 1 ORDINANCE APPROVING APPLICATION 2 OF ATLANTIC PARK, INC. AND THE CITY 3 OF VIRGINIA BEACH DEVELOPMENT 4 AUTHORITY FOR THE CLOSURE OF A 5 PORTION OF 18TH STREET BETWEEN 6 PACIFIC & ARCTIC AVENUES 7 8 WHEREAS, Atlantic Park, Inc. and the City of Virginia Beach Development 9 Authority (the "Applicants") applied to the Council of the City of Virginia Beach, Virginia, 10 to have the hereinafter described portion of right-of-way discontinued, closed, and 11 vacated; and 12 13 WHEREAS, it is the judgment of the Council that said right-of-way be 14 discontinued, closed, and vacated, subject to certain conditions having been met on or 15 before one (1) year from City Council's adoption of this Ordinance. 16 17 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 18 Beach, Virginia: 19 20 SECTION I 21 22 That the hereinafter described portion of right-of-way (the "Right-of-Way") be 23 discontinued, closed and vacated, subject to certain conditions being met on or before 24 one (1) year from City Council's adoption of this ordinance: 25 26 ALL THAT certain piece or parcel of land situate, lying and being 27 in the City of Virginia Beach, Virginia, designated and described as 28 "STREET CLOSURE AREA 11,000 S.F. (0.25 AC.)" and "5.0' 29 UNDERGROUND STREET CLOSURE AREA 2,500 S.F. (0.06 30 AC)", shown as the hatched area and shaded area, respectively, 31 on that certain street closure exhibit entitled: "STREET CLOSURE 32 EXHIBIT 18TH STREET ATLANTIC PARK VIRGINIA BEACH 33 VIRGINIA", dated June 17, 2021, prepared by Kimley Horn, a copy 34 of which is attached hereto as Exhibit A. 35 36 SECTION II 37 38 The following conditions must be met on or before one (1) year from City 39 Council's adoption of this ordinance: 40 41 1. The City Attorney's Office will make the final determination regarding 42 ownership of the underlying fee. The purchase price to be paid to the City is 43 normally determined according to the "Policy Regarding Purchase of City's 44 Interest in Streets Pursuant to Street Closures," approved by City Council. 45 46 NO GPIN ASSIGNED — PUBLIC RIGHT-OF-WAY 47 (Adjacent GPINs: 2427-17-0516 and 2427-17-2611) 48 However, no purchase price shall be charged for this street closure because 49 the City of Virginia Beach Development Authority is an applicant seeking this 50 street closure. 51 52 2. The Applicants, or the Applicants' successors or assigns, shall resubdivide 53 the properties and vacate internal lot lines to incorporate the Right-of-Way 54 into the adjoining parcels. The resubdivision plats must be submitted and 55 approved for recordation prior to the final street closure approval. Said plats 56 shall include the dedication of a public drainage easement over the Right-of- 57 Way to the City if it is determined by the Department of Public Works to be 58 necessary, subject to the approval of the Department of Public Works, and 59 the City Attorney's Office, which easement shall include a right of reasonable 60 ingress and egress. 61 62 3. The Applicants shall submit a Traffic Impact Study and Sight Distance 63 Analysis (the "Studies") to be reviewed by the Traffic Engineer for the 64 Department of Public Works prior to the final approval of the street closure. 65 Based upon the results of the Traffic Engineer's analysis of the Studies, the 66 Applicants shall, if necessary, adjust or modify the areas proposed for 67 closure to areas no greater than what is described herein and shown on the 68 exhibit attached to the Ordinance, subject to the approval by the Department 69 of Public Works. 70 71 4. The Applicants shall cause to be relocated public water and sanitary sewer 72 infrastructure adjacent to the areas to be closed along or within 18th Street if 73 determined by the City that the said infrastructure will be impacted by the 74 street closure in a way that causes the location of the infrastructure, in 75 relation to improvements proposed by the Applicants, to present an 76 unacceptable risk to the City or the City's ability to maintain said 77 infrastructure. 78 79 5. The Applicants, or the Applicants' successors or assigns, shall verify that no 80 private utilities exist within the Right-of-Way. If private utilities do exist, 81 easements satisfactory to the utility company, must be provided. 82 83 6. Closure of the Right-of-Way shall be contingent upon compliance with the 84 above stated conditions within 365 days of approval by City Council. If the 85 conditions noted above are not accomplished and the final plats are not 86 approved for recordation within one year of the City Council vote to close the 87 Right-of-Way, this approval shall be considered null and void. 88 89 SECTION III 90 91 1. If the preceding conditions are not fulfilled on or before August 16, 2022, 92 this Ordinance will be deemed null and void without further action by the City Council. 93 2. If all conditions are met on or before August 16, 2022, the date of final 94 closure is the date the street closure ordinance is recorded by the City Attorney. 95 96 3. In the event the City of Virginia Beach has any interest in the underlying 97 fee, the City Manager or his designee is authorized to execute whatever documents are 98 requested, if any, to convey such interest, provided said documents are approved by 99 the City Attorney's Office. 100 101 SECTION IV 102 103 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 104 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 105 VIRGINIA BEACH as "Grantor" and ATLANTIC PARK, INC. and THE CITY OF 106 VIRGINIA BEACH DEVELOPMENT AUTHORITY, collectively as "Grantee". 107 108 Adopted by the Council of the City of Virginia Beach, Virginia, on this 17th day 109 of August , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: L Planning Department City Attey CA15211 \wbgoc.com\dfs I applications\citylaw\cycom32\wpdocs\d027\p041\0074 I267.doc R-1 August 5, 2021 PACIFIC AVENUE (60' R/W) ALTH p N13'50'00"W � y —T 5.0' '- 01� r�j — — 5� _ G� o � o 1 N 13'50'00"W I a Cv 22.0' I o N �; V DAVID B. DALLMA, �o ^ a .o LiCV n. 10. o case Q14 I �SURF PARK ¢ m BjONAL 1°G MECHANICAL BUILDING PROPOSED �_SURF BUILDING FACE so ARK --<77- / LAGOON STREET CLOSURE AREA 7CITY / 11,000 S.F. (0.25 AC.) - - - - N/F OF VIRGINIA BEACH 5.0'UNDERGROUND �, v DEVELOPMENT AUTHORITY STREET CLOSURE AREA C- 2427-17-2611 2,500 S.F. (0.06 AC.) - �� (IN. 202000105549) 0 \ I N v) mov moo O- 00 71 / A 1 O✓OI O aO �WQ I C) 0 NCVr }} �� I W (V W%WI W ` > W ^ N m cV LEGEND o jo1 o 0 N WEV I m ABOVEGROUND of o °' r rI 0 CC o Z I Ov 7 STREET CLOSURE it.) z v o z I UNDERGROUND — — _ — — STREET CLOSURE W W SURF RETAIL do PO '\ OPERATIONS is rn V) U � � o m I Wm = m o � °� N 0~O //'// Quo � � c.) - inz o Z 9 0- O h Q I CV _ �Gr- ^ CQ ZQO_ N/F z > M � cV I L � v~i I o CV CV r O —CITY OF VIRGINIA BEACH o o N o I z -> > I o DEVELOPMENT AUTHORITY i / SURF RETAIL do w W z 2427-17-0516 OPERATIONS �, o o. 41- a J CV IN. 202000105549 / ` V I z I = o - N13'50'00"W 22.0' II 1 4-#. 'N5 050'00"W ` 4 A NAD 1983% \ (1993 HARN) oGRAP3HIIC SCCAOLE IN FEET 120 ARCTIC AVENUE (60' R/W) IIMIIII I ' I I I ' STREET CLOSURE EXHIBIT ATLANTIC PARK / Horn 18th STREET ®2021 KIMLEY-HORN AND ASSOQATES,INC. 4525 MART STREET,SUITE 1000,MR0INIA BEACH,VA 23452 VIRGINIA BEACH VIRGINIA PHONE: ,a86Er H 2,3-eem 44 ITEM—VILK.6 PLANNING ITEM#71929 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS CONDITIONED, BY CONSENT, Application of ATLANTIC PARK, INC. & CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY(VBDA)for a Special Exceptionfor Alternative Compliance re maximum building height, setbacks and types, including several conditional uses for residential, commercial, structured parking, indoor/outdoor entertainment venue and an outdoor surf park located at the block bordered by Arctic and Baltic Avenues, 19`h and 20`h Streets and double block bordered by Pacific and Arctic Avenues DISTRICT 6—BEACH ATLANTIC PARK, INC. & CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY (VBDA) for a Special Exception for Alternative Compliance re maximum building height,setbacks and types, including several conditional uses for residential, commercial, structured parking,indoor/outdoor entertainment venue and an outdoor surf park located at the block bordered by Arctic and Baltic Avenues, 19th and 20`h Streets and double block bordered by Pacific and Arctic Avenues (GPINs 2427079524, 2427074883, 2427073669,2427170853, 2427073711, 2427075737, 2427073536, 2427074802, 2427073767, 2427073660, 242 70 7451 7, 2427076808, 2427076990, 2427073705, 2427074757, 2427077707, 2427072890, 242 71 7051 6, 2427172611) DISTRICT 6—BEACH The following conditions shall be required: 1. The project will be developed in substantial conformance to the exhibit package entitled "Atlantic Park—Conceptual Massing"by Gensler and Venture Realty Group dated June 16, 2021, which has been exhibited to the City Council and is on file with the Planning Department. 2. Roadway improvements as identified in the Atlantic Park Traffic Impact Analysis, once finalized, that are not to be constructed by the City shall be constructed by the applicant and incorporated into the applicant's construction sequencing plan for the overall project. 3. The applicant shall submit a Sight Distance Analysis to be reviewed by the Traffic Engineer for the Department of Public Works prior to the final approval of the site plan. 4. The applicant shall work with the Resort Management Office to develop a traffic management plan to be implemented during events at the entertainment venue, including but not limited to events involving the closure of Arctic Avenue. August 17, 2021 45 ITEM—VILK 6 PLANNING ITEM#71929 (Continued) 5. All streetscapes bordering and within the development project shall include sidewalks, street trees, and pedestrian lights.Dimensional details will be determined during site plan review. 6. No outdoor amplified music is permitted between 11:00p.m. and 10:00 a.m. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 17`h day of August Two Thousand Twenty One. Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Sabrina D. Wooten August 17, 2021 � R5S R=S�D � � v- -� OR, iy OR (Qa,'" o, \•r1�li O3_ 3 U - % � � � OR . � ORS � 01,etOR R�� . ��• �, �- • �, U _ �-stye i\to r♦dOR ®� �OR�o�' 2�st Q , �, OR' . .�� FOR :1 � 4 c*ol\ piriORSØ\a , ��a ��.R2� . ' •S - R OtTit' Sv= , ' 4OR ..\- cc .- � ,, -R7���• - - � or, Q,� �R ID' o ' ''''R ' , oku ev ''. ,,., - 0 OR ,� , pi_ 1_,_,-:-----, =� n � � OR OR G$ „ I 00\ ''° aORCOR s ` �i 0 wc3. treat9------"1---�DI4tceetfl$ $ R 7eet� .A6R th-S ---di R op a- it 1 \ q__ ___-•T. _ •tik , r, ,;,,, ,w_ __ 0 7 , „. , stile - ik. 10 \ Agli pR i oQ ,�t, Is* o 3 \ � � OR •� `� OR � OR • ` - et O R a) Q -$tre o w ` v?th- Q et ! diR ♦rvORS �crya stre O,R � \ r OR_A-B ♦ �1Q OR g '` • OR.`!�' • dcv t� OR S© OR OR OR � �--'OR �OR • a \ . �. L 1 :, a N Atlantic Park, Inc. Ali. //, Site Block bordered byArctic and Baltic Avenues and WNW'.E `� Property Polygons 19th and 20th Streets S Zoning Double block bordered by Pacific and Arctic Building -venues and 18th and 20th Stree- _ 7. _ _ _ _ Fee 46 ITEM—VII.K.7 PLANNING ITEM#71930 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS CONDITIONED, BY CONSENT, Application of DESIGN BY ELENI, INC. for a Change in Nonconformity re redevelop the existing duplex with a taller and larger duplex at 2416 Seaview Avenue DISTRICT 4—BAYSIDE DESIGN BY ELENI,INC.for a Change in Nonconformity re redevelop the existing duplex with a taller and larger duplex at 2416 Seaview Avenue(GPIN 1570619098)DISTRICT 4—BAYSIDE The following conditions shall be required: 1. When the property is redeveloped, it shall be in substantial conformance with the submitted concept plan entitled, "Concept Plan—The Northern 83.9'of Lot 19, Block 2",prepared by WPL, revised June 18, 2021, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 2. When the property is redeveloped, the architectural design and exterior building materials shall substantially adhere in appearance, size and materials to the elevations and renderings from pages 7 through 10 of this report, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 17t day of August Two Thousand Twenty One. Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Sabrina D. Wooten August 17, 2021 1 A RESOLUTION AUTHORIZING AN EXPANSION OF 2 NONCONFORMING USE ON PROPERTY LOCATED AT 3 2416 SEAVIEW AVENUE 4 5 WHEREAS, Design by Eleni, Inc. (the "Applicant") has made application to the City 6 Council for authorization to demolish, rebuild and expand the nonconforming duplex at 7 2416 Seaview Avenue and zoned R-10 (SD) Residential Zoning District with the 8 demolition of the existing duplex and the reconstruction of a larger duplex.; 9 10 WHEREAS, this parcel currently contains a duplex which is not allowed in the R- 11 10 Zoning District, but the duplex was built prior to the adoption of the applicable zoning 12 regulations and is therefore nonconforming; 13 14 WHEREAS, the Planning Commission of the City of Virginia Beach recommended 15 approval of this application on July 14, 2021; and 16 17 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the demolition, 18 rebuilding and expansion of nonconforming structures is unlawful in the absence of a 19 resolution of the City Council authorizing such action upon a finding that the proposed 20 structure as demolished, rebuilt and expanded will be equally appropriate or more 21 appropriate to the zoning district than is the existing structure. 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That the City Council hereby finds that the proposed structure as demolished, 27 rebuilt and expanded, will be equally appropriate to the district as is the existing 28 nonconforming duplex under the conditions of approval set forth herein below. 29 30 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 31 BEACH, VIRGINIA: 32 33 That the demolition, rebuilding and expansion of the nonconforming duplex Is 34 hereby authorized, upon the following conditions: 35 36 1. When the property is redeveloped, it shall be in substantial conformance with 37 the submitted concept plan entitled, "Concept Plan—The Northern 83.9' of Lot 38 19, Block 2", revised June18, 2021, and prepared by WPL, which has been 39 exhibited to the Virginia Beach City Council and is on file in the Department of 40 Planning and Community Development. 41 42 2. When the property is redeveloped, the architectural design and exterior building 43 materials shall substantially adhere in appearance, size and materials to the 44 submitted elevations and renderings from pages 6 through 9 of this report, 45 which has been exhibited to the Virginia Beach City Council and is on file in the 46 Department of Planning and Community Development. 47 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the 17 t h day of August , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY- %))' 0; Planning and Community City Attorney's Office Development CA15495 R-2 July 9,2021 2 47 ITEM—VII.K.8 PLANNING ITEM#71931 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS MODIFIED,AS PROFFERED,BY CONSENT,Application of VIRGINIA BEACH DEVELOPMENT AUTHORITY&LYNN-LYNNE,LLC for a Modification of Proffers and a Conditional Change of Zoning from Conditional B-2 Community Business District to Conditional B-2 Community Business District & Conditional I-1 Light Industrial District re adjustment to Corporate Landing Business Park boundary for an expansion of appliance and service business at 1941 General Booth Boulevard and a portion of Corporate Landing Business Park DISTRICT 7—PRINCESS ANNE VIRGINL4 BEACH DEVELOPMENT AUTHORITY & LYNN- LYNNE,LLCfor a Modification of Proffers and a Conditional Change of Zoning from Conditional B-2 Community Business District to Conditional B-2 Community Business District & Conditional I-1 Light Industrial District re adjustment to Corporate Landing Business Park boundary for an expansion of appliance and service business at 1941 General Booth Boulevard and a portion of Corporate Landing Business Park (GPINs 2415204838, 2415122650)DISTRICT 7—PRINCESS ANNE The following conditions shall be required: An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court. This Ordinance shall be effective in accordance with Section 107(1) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 17h day of August Two Thousand Twenty One. Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Sabrina D. Wooten August 17, 2021 w al co- 'akVit,4 ... 'MAW./',i0,7.' Ce t ,.a,.., *., te ' ..:V.: 14 r 4:14 ;A '&w.,, ...,-'tit( ft -..:„„,,.. '4.k:44.7):: . .: ..eir,l'ILei 1011-.` -A P. CNla w�>I �O ;vli ii Yl� Y% r�S '%� ,, 1 i...�+ 1'' O N Ii■IM Q , ; "__ F ' ,, 0 ((.� C%. 4" • • ate' L�'i 4 4i • o N Ca Oe a cv_ y �� 4 ��,��+obo. m �N •I�\� ', �m=`Q (; '� bap ' a _•',," p4 )fin U�� � ! � .�-� m ?/�/��N,�J Yam/ � %1a i,o t �`.ea.D ' 40.>_, V `j r r °4N\N N1/ Y� Q6 cY/■•o o f' .% r V .L .- i -1- ozir4 C4-T- - :; 0 CO <6 cNi LI-24 ' 0. 'CI- — '''?? < NCO ,,,,),,K.).&1‘;,,,Ve&kt,-..,';-; ,'„' M CI) • �� odd 'CC NcL A \4,y-ch..'s. ., _, -opO>,!� � U Mr4 5,-;-.4 1 rig3 4/ N.( t Clm ./ C. 'Pm, , _ \ r� / cOpx / CI co� c,nor �:' u Wr a) OO` 4ot >, m =S 't \\ a NO , o© .. o. �` o o Q O CO \\ •..7N 11 ., •,,,,,,,,,i c•N c:=zg \h. • ' s RS .w \ •• CI W \T _ 1 r �, .it',A/m ;�/' ' 0'fFc. COL L .-* 4! ID '10„ ,...t..: Le) I" !-'=•- *ss •Apt' ' ...ges,'.' ne ix „-_-!-ti.e* I-.-, cn la mil �* . -r ;a N in, l a G) r... ' ®/ re,•'- /0 • .74 � �Q I N . l4 f ,p \i/ var, co �nDC ( • o . \ cci; .-, ,i,r. -1,,.,- , ilk o W ..„, ..._ rcti I �. N/ t1 �� C i T cn 21 01 ‘mn 6; fir, o .0 � N© ab dp-� � .�1 .� o ff' l p . � �c' u; tAa � C . VNoP �� _ ,ti 48 ITEM—VILK 9 PLANNING ITEM#71932 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS MODIFIED, AS CONDITIONED, BY CONSENT, Application of WESLEY D. BOYD / CAPITAL FINANCE, INC.for a Modification of Conditions re tattoo parlor at 172 South Plaza Trail, Suite E (Approved April 16, 2019)DISTRICT 6—BEACH WESLEY D. BOYD/CAPITAL FINANCE,INC.for a Modification of Conditions re tattoo parlor at 172 South Plaza Trail, Suite E(Approved April 16, 2019) (GPIN 1487826823)DISTRICT 6—BEACH The following conditions shall be required: 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance (CZO), and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 17h day of August Two Thousand Twenty One. Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Sabrina D. Wooten August 17, 2021 N I• VV \ _ \ w m •ITt 1.\;:#4,,,, ° c). ' .41& . 1I� ♦ 7 V A 3 I74W1, N \ *cc co \v.* cN 7* *1 inV \*N rj ✓ I o ,, Q ,., ',►,� 't A j (,, N �� N pp ` , Io S��` �� o \il'"017• d o......_ ,________44, 1'''' '''' 11.1.%:\ \ O CO to W Lt? Ica. /� , ' 0 Q ,ti7:3 .— 0° C° 0 7( 10 , ‘ 10_--CeD re \ \--'? \l'-- >., Cn o �N � M m w � co U I, CI c3 0.c)? ‘ ‘ 1:54 N. CN ir\o . ,'0 ' cs-\„c`s ,o, 0 -,je- 0 ) Q.0 _-__-' 0 r .\,, T 4-• cri ,k ,s11', 0 ' __, E16 —.1) ii:=] 0 ' o-- o v - a N O . i ❑ o � o � � oorp 7,,c' -)) , LID, ---)141- 0 � E w , c . 0 -„, , Ai) I---n li; E1 ° [Di t E, 1 _,,A co - [ 122� o a-�-+ on lb Mtn ICC! [Lti 0 N [~i - riv_l____LID 0. a o3 N.H. , 6 u ii- olt,$) 13 - D Lc 0 �, _ R �., ncn _ � ❑ hoc L rC. . , � — v . I.. . 4J IL E:i ,V . ❑ i Z a❑ _ 0 c 1Ce LL0XI D , _ aoc cifi ■Li ❑ LJ O — T� d N CC1 0 = 0 _ ❑ CSC0 0r _k-i :ou ❑ o__ a -- 0-- L o° 0 49 ITEM—VILK.10 PLANNING ITEM#71933 The following registered to speak: Nicole Sincavage,Applicant, 1226 Elder Avenue, Chesapeake, Phone: 375-5920, spoke in SUPPORT Paul Sincavage, Applicant, 1226 Elder Avenue, Chesapeake, Phone: 375-5920, spoke in SUPPORT Betty Page Broyles, 1300 North Bayshore Drive, Phone: 621-3624, did not respond Mary Anne Grado, 2460 Rock Lake Loop, Phone: 373-3901, spoke in SUPPORT Barbara Kalman, 1529 Baypointe Drive, Phone: 650-4328, spoke in SUPPORT Alan Barr, 4728 Berrywood Road, Phone: 289-9692, spoke in SUPPORT Mike Melatti, 8117 Turner Road, Norfolk, Phone: 353-0397, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Edward Griffiths, 503 Central Avenue,Phone: 272-3909, spoke in OPPOSITION Elayne Summerell, 520 Chesapian Trail, Phone: 377-8084, spoke in SUPPORT After City Council discussion, Council Member Tower made a motion,seconded by Council Member Moss, to DEFER TO SEPTEMBER 7, 2021, Application of COSMO'S CORNER, INC. / KNRM ENTERPRISE, LLC& NELSON INDUSTRIES, LLC for a Modification of Conditions re commercial kennel at 503, 505, 507, & 511 Central Drive(Approved August 12, 2008)DISTRICT 6—BEACH Voting: 5-5 (MOTION FAILED DUE TO A TIE VOTE) Council Members Voting Aye: Michael F.Berlucchi,Barbara M.Henley,Louis R.Jones,John D.Moss and Guy K. Tower Council Members Voting Nay: Mayor Robert M. Dyer, N. D. "Rocky" Holcomb, Aaron R. Rouse, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Sabrina D. Wooten August 17, 2021 50 ITEM—VII.K 10 PLANNING ITEM#71933 (Continued) Council Member Wilson then made a motion, seconded by Vice Mayor Wood, to APPROVE, AS MODIFIED,AS CONDITIONED,Application of COSMO'S CORNER,INC./KNRM ENTERPRISE, LLC & NELSON INDUSTRIES, LLC for a Modification of Conditions re commercial kennel at 503, 505, 507, & 511 Central Drive(Approved August 12, 2008)DISTRICT 6—BEACH COSMO'S CORNER, INC./KNRM ENTERPRISE, LLC& NELSON INDUSTRIES, LLC for a Modification of Conditions re commercial kennel at 503, 505, 507, &511 Central Drive(Approved August 12,2008) (GPINs 14968990030503, 14968990030505, 14968990030000, 14968970330000)DISTRICT 6—BEACH The following conditions shall be required: 1. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. 2. The dog kennel structure and indoor dog training area shall be maintained in a safe and sanitary condition. 3. All animal waste from the dog kennel shall be collected and disposed of in a lawful manner on a daily basis. 4. All signage on the site must be in accordance with sign regulations of the Zoning Ordinance. 5. All dogs shall be kenneled indoors in the dog kennel structure between the hours of Monday-Friday 6:00 a.m.-7 p.m., Saturday 8:00 a.m.-4:00 p.m. and Sunday 10:00 a.m.- 4:00 p.m.for pickup and drop off only. 6. All dogs while being escorted shall be leashed at all times unless inside the designated training area. 7. Dog shows shall be prohibited. 8. The applicant shall comply with the terms and conditions of the Grant of Easement governing this property including the following: A. No training(i.e. basic obedience, agility, canine good citizen,free style,fly ball, etc.) shall be conducted on the property; B. Only office space maintained in connection with the allowed use of bulk storage/parking shall be permitted; C. No retail sales shall be conducted, except as an auxiliary function of enterprises permitted; August 17, 2021 51 ITEM—VII.K.10 PLANNING ITEM#71933 (Continued) D. No storage, distribution or handling of explosives, petrochemicals or petroleum related products shall be allowed at the facility; E. Nothing on the property shall exceed the height restriction over the property; and F. No unidentified use in violation of any other easement restrictions shall be permitted. 9. The dog kennel structures shall be constructed to be soundproofed and air-conditioned. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 17`"day of August Two Thousand Twenty One. Voting: 6-4 Council Members Voting Aye: Mayor Robert M.Dyer,N.D. "Rocky"Holcomb,Louis R.Jones,Aaron R. Rouse, Rosemary Wilson and Vice Mayor James L. Wood Council Members Voting Nay: Michael F. Berlucchi, Barbara M. Henley, John D. Moss and Guy K. Tower Council Members Absent: Sabrina D. Wooten August 17, 2021 u J�� o� 7 ——`B2 r \ \ Z' 1 1 ---) 0 \.....\um - \1 , 1 17 1-__-7-_\ \\13 \ _______D__ .\,,,. 1f Lt F,i,i'\ (D 12 k . = 1 ' _____] '0 , Irii/ LI , i:1\ so Central@Drive — P' Ilk io j o 11 o [I] N. A site Cosmo's Corner, Inc w � ' \______ _ ___1\ . 1. Property Polygons 503, 505, 507, 511 Central Drive S QZoning Building Feet 0 50100 200 300 400 500 600 52 ITEM—VILK11 PLANNING ITEM#71934 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council DEFERRED TO SEPTEMBER 7, 2021, BY CONSENT, Application of ELIAS PROPERTIES VIRGINIA BEACH INDEPENDENCE, LLC for a Conditional Change of Zoning from Conditional B-1 Neighborhood Business to Conditional B-2 Community Business re operate a commercial retail store at 2749 South Independence Boulevard DISTRICT 1—CENTERVILLE Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Sabrina D. Wooten August 17, 2021 53 ITEM—VII.K.12 PLANNING ITEM#71935 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS PROFFERED, BY CONSENT, Application of WITCHDUCK MEDICAL ASSOCIATES, LLC for a Conditional Change of Zoning from A-12 Apartment District to Conditional 0-1 Office District re office- type uses at 4501 North Witchduck Road DISTRICT 4—BAYSIDE WITCHDUCK MEDICAL ASSOCIATES, LLC for a Conditional Change of Zoning from A-12 Apartment District to Conditional 0-1 Office District re office-type uses at 4501 North Witchduck Road (GPIN 1478539304)DISTRICT 4—BAYSIDE The following conditions shall be required: An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 17th day of August Two Thousand Twenty One. Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Sabrina D. Wooten August 17, 2021 No W u_ o °,* NV.' 0 v • ez o !. N 0 M o r I 0 W N �i E o 1 to • 1 I CO ' !7° ielt• 4 k,p1/ . o °P 40 AA w 1°1 -I 40\ 14., /e *,,r,; , , A, -10/CP 4 \ .t.T N / cli ts \Si 0 • d � ,��aQ4/0 WHO co toz #ems -0 ,Q ' 4, �a c cS NI CP CV \:1( 1 �O \ �� oo ,, \- ,..v , � _ - enCe=go010111 ulev-ar-d Independ 'N cm N a° go cn a N m 0 0 — ,:a‘ 4 G 6, 'A, CITY OF VIRGINIA BEACH ter- . ‘.:t ' INTER-OFFICE CORRESPONDENCE -,., 1 0, OURco'cos In Reply Refer To Our File No. DF-10635 DATE: August 6, 2021 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson DEPT: City Attorney RE: Conditional Zoning Application; Witchduck Medical Associates, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on August 17, 2021. I have reviewed the subject proffer agreement, dated April 28, 2021 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Nancy Bloom WITCHDUCK MEDICAL ASSOCIATES, LLC, a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 28th day of April, 2021, by and between WITCHDUCK MEDICAL ASSOCIATES, LLC, a Virginia limited liability company, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of a certain parcel of property located in the Bayside District of the City of Virginia Beach, containing approximately 1 acre which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel is herein referred to as the"Property"; and WHEREAS, the party of the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from A-12 Apartment District to Conditional 0-1 Office District; and WHEREAS,the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and GPIN: 1478-53-9304-0000 PREPARED BY: S i SUES,BOURDON, Prepared by: l_ &Lam'P.0 R.Edward Bourdon,Jr.,Esquire(VSB#22160) Sykes,Bourdon,Ahern&Levy,P.C. 4429 Bonney Road Suite 500 Virginia Beach,Virginia 23462 WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property,the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property,which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property,which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. The Property shall remain developed substantially as shown on the exhibit entitled "PHYSICAL SURVEY OF L'ACADEMY MOTESSURIE SITE SUBDIVISION OF PARCEL D- 1, PLAT NO. 1 SURVEY OF A PORTION OF THE ESTATE OF J.C. HUDGINS VIRGINIA BEACH, VIRGINIA", prepared by Ward M. Holmes Land Surveyor, P.C., dated March 13, 2017, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning&Community Development (hereinafter"Site Survey"). 2. The architectural design and exterior building materials of the existing one- story office building depicted on the Site Survey will remain substantially as depicted on the photographic five (5) exhibits labeled "EXISTING OFFICE BUILDING @ 4501 N. Witchduck Rd." #1, #2, #3, #4 and #5, dated April 28, 2021, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning & Community Development. 3. All outdoor lighting shall be shielded, deflected, shaded and focused to direct PREPARED BY: SYKES.POURDON. light down onto the premises and away from adjoining property. AIIERN&LEVY.P.C. 4. The freestanding sign depicted on the Site Survey shall remain suspended between two (2) brick pillars, no greater than six feet (6') in height as depicted on the Exhibit 2 entitled "Office Building Sign @ 4501 N. Witchduck Road" dated April 28, 2021, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning&Community Development. 5. Only the following uses shall be permitted on the Property: a. Business offices; b. Finance agency offices,banks; c. Government offices; d. Medical, optical and dental offices and clinics; legal, engineering, architectural and similar professional offices, accounting, auditing and bookkeeping offices; e. Offices of miscellaneous business services; and f. Offices of non-profit organizations. 6. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. All references hereinabove to 0-1 District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach,Virginia, in force as of the date of approval of this Agreement by City Council,which are by this reference incorporated herein. The above conditions,having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance,shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body PREPARED BY. of the Grantee, after a public hearing before the Grantee which was advertised pursuant to S.R SYKES.POURDON. i\'l- AHIERN&LEVY.P.C. the provisions of Section 15.2-2204 of the Code of Virginia, 1950,as amended. Said ordinance 3 or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded,said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach,Virginia,shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing,that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as maybe appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions,the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department,and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. PREPARED BY: S\R SYKES.BOURDON. ,\ I AHERN&LEVY.P.0 4 WITNESS the following signature and seal: Grantor: Witchduck Medical Associates, LLC, a Virginia limited liability company By: (SEAL) /it ;;Vq / reg yer, Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to wit: The foregoing instrument was acknowledged before me this 28th day of April, 2021, by Gregory Meyer, Manager of Witchduck Medical Associates, LLC, a Virginia limited liability company, Grantor. (/ Y Notary Public h My Commission Expires: August 31, 2022 G0R E '°., NotaryRegistration Number:192628 fellesuft, 3 _IM O•'• g N at °•..n.1.0 PREPARED BY: I—I SYK£S.BOURDON. A[i£RN&LEVY.P.C. 5 EXHIBIT "A" All that certain piece or parcel of land, with the appurtenances thereunto belonging, situate and being in the Bayside Borough of the City of Virginia Beach, Virginia, and known and designated as "L'Academy Montessurie Site, area = 1.000 acre", on that certain plat entitled, "Subdivision of Parcel D-1, Plat No. 1, Survey of a portion of the Estate of J. C. Hudgins (M.B. 72, P. 32), Bayside Borough, Virginia Beach, Virginia", dated April, 1970, and made by Frank D.Tarrall,Jr. and Associates,Surveyors and Engineers,Virginia Beach,Virginia,and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,in Map Book 86, at Page 18, reference to which plat is hereby made for a more particular description of said property. GPIN: 1478-53-9304-0000 H:\AM\Conditional Rezoning\Witchduck Medical Associates\Proffer Agreementdocx PREPARED BY: SYIC[S.POURDON. ez....AIIFRN&LEVY.P.0 6 54 ITEM—VII.K.13 PLANNING ITEM#71936 The following registered to speak: Billy Garrington, Consultant for Applicant, 471 Southside Road, spoke in SUPPORT Janet James, 410 Adkins Arch, Phone: 937-5338, spoke in OPPOSITION Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Council Member Holcomb, seconded by Council Member Wilson, City Council APPROVED,AS PROFFERED,AS CONDITIONED,Application of WINNER'S PROPERTIES,LLC /HAYNES FURNITURE CO. INC. & CH&B ASSOCIATES,LLP for a Conditional Change of Zoning from A-12 Apartment District and Conditional B-2 Community Business District to Conditional B-2 Community Business District re 3.91 acres and Conditional Use Permits re auto storage yard and car wash facility at 325, 349& 361 Nelms Lane DISTRICT 2—KEMPSVILLE WINNER'S PROPERTIES,LLC/HAYNES FURNITURE CO.INC. & CH&B ASSOCIATES,LLP for a Conditional Change of Zoningfrom A- 12 Apartment District and Conditional B-2 Community Business District to Conditional B-2 Community Business District re 3.91 acres and Conditional Use Permits re auto storage yard and car wash facility at 325, 349 & 361 Nelms Lane (GPINs 1467678119, 1467678323, 1467678469, 1467678669)DISTRICT 2—KEMPSVILLE The following conditions shall be required: CONDITIONAL CHANGE OF ZONING: An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court. CONDITIONS FOR CONDITIONAL USE PERMIT/AUTO STORAGE YARD: 1. When the site is being developed, it shall be in substantial conformance to the site layout entitled `Conceptual Site Layout Plan for Phase 1 of Checkered Flag—Nelms Lane Virginia Beach, Virginia,prepared by Orbis Landscape Architecture, dated April 16, 2021, which has been exhibited to the City Council and is on file in the Planning Department. 2. Any lighting for the Auto Storage Yard shall be limited to light packs installed on the building and fence, as well as pole lighting not to exceed a maximum height offourteen(14) feet. All lighting shall be shielded and directed downward to limit the amount of light overspill outside the property boundary. 3. The Auto Storage Yard shall be limited to vehicles from the applicant's dealership only. 4. Vehicles associated with this use, including but not limited to, tractor trailers use for transporting vehicles from and to the site, shall not park within the right-of-way. 5. The loading and unloading of vehicles from tractor trailers-shall be limited to the subject property and not within the right-of-way. August 17, 2021 55 ITEM—VILK13 PLANNING ITEM#71936 (Continued) 6. No driveways or vehicular access points shall be permitted along the northern property line. 7. The existing driveway entrance on the eastern property line shall be removed with the curb and sidewalk replaced in compliance with the Public Works Design Standards Manual requirements. 8. CONDITIONS FOR CONDITIONAL USE PERMIT/CAR WASH FACILITY: 1. When the site is being developed, it shall be in substantial conformance to the site layout entitled `Conceptual Site Layout Plan for Phase 2 of Checkered Flag—Nelms Lane Virginia Beach, Virginia,prepared by Orbis Landscape Architecture,dated April 16, 2021, which has been exhibited to the City Council and is on file in the Planning Department. 2. When the site is being developed, the design and architectural materials of the building shall be in substantial conformance to the elevation plan entitled `Checker Flag—Nelms Lane— Future Car Wash Building,prepared by Covington Hendrix Anderson Architects, dated June 10, 2021, which has been exhibited to the City Council and is on file in the Planning Department. 3. The Car Wash Facility shall be limited to vehicles from the adjacent dealership only that has frontage along Virginia Beach Boulevard to the south and shall not be opened to the general public. 4. Washing, drying, vacuuming, or detailing of vehicles outdoors shall be prohibited. 5. No driveways or vehicular access points shall be permitted along the northern property line. 6. The existing driveway entrance on the eastern property line shall be removed with the curb and sidewalk replaced in compliance with the Public Works Design Standards Manual requirements. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 17`h day ofAugust Two Thousand Twenty One. August 17, 2021 56 ITEM—VII.K.13 PLANNING ITEM#71936 (Continued) Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Sabrina D. Wooten August 17, 2021 Aly oEil c° T i [=Jc° 0 fro '1g' ;IZI; us ktV41111 .1 4c 41S .44,p2 4— amimiii w aims --,.,e .4p.47‘,..., • - .• 4 i p -44 ,. J.....,,si-eui.--A-Jed 4.,„ -, ;, , •,, ,:7_ Agog 112 . . PIT * • #• -,.to,v 4 i7.,./gA al ks.., to• .406.-44.414,41- SV 1 c,8 an �■`f■■J Csi o iLo �. 'ir Mil Q r 0 Q V °�� gil �� o linalf101111 MI L!n■.�■ lit,III .- litr- L1111 t uL. Cif , 11i i� �►�. Aqiimi las -ifil 1�„1111//1ms t .■■■■■■ „ .-_ J:a-CI e - * In N .1■ ■ J �■�■■111� *ii�1��1 •1/�I/11i Q tI _ «..�C..■. —I MI Q �Iil� o � ��� o ,J .' Cl) E o N CO c,1%; [fit n co �UeN � Zr �ggabsu � aU�7�7 0 *Wk \°75 CO ►aN oQ0 p:d �� y` o3Q�• N M� � N 05= Ma `a _ 1. c6. !I I 19 44:41 V 41 • ,ta., , i4); 1aN N) k • ' ��+ %••1 N N li� , N k* 1 4 I /144 fr N 03 siardiark ANIMiummi O °°° m i Q / >, cy) / / (n a N m �i. r : .. _ dip E. �, �t `� CITY OF VIRGINIA BEACH .0 1, - • INTER-OFFICE CORRESPONDENCE oe, . ,_ r S - NS Op OUR woo In Reply Refer To Our File No. DF-10634 DATE: August 6, 2021 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson g., DEPT: City Attorney RE: Conditional Zoning Application; Winner's Properties, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on August 17, 2021. I have reviewed the subject proffer agreement, dated April 30, 2021 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Nancy Bloom HAYNES FURNITURE COMPANY, INCORPORATED, a Virginia Corporation C H & B ASSOCIATES, L.L.P., a Virginia limited liability general partnership WINNER'S PROPERTIES, LLC, a Virginia limited liability company TO(PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 30th day of April, 2021, by and between HAYNES FURNITURE COMPANY, INCORPORATED, a Virginia Corporation, party in the first part, Grantor, C H & B ASSOCIATES, L.L.P., a Virginia limited liability general partnership, party in the second part, Grantor, WINNER'S PROPERTIES, LLC, a Virginia limited liability company, party in the third part, Grantor, and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party in the fourth part, Grantee. WITNESSETH: WHEREAS, the party in the first part is the owner of three parcels of land located in the Kempsville District of the City of Virginia Beach, containing approximately 3.56 acres, as more particularly described as "Exhibit A"attached hereto and incorporated herein by reference; and WHEREAS, the party in the second part is the owner of one parcel of land located in the Kempsville District of the City of Virginia Beach, containing approximately 0.5 acres, as more particularly described as "Exhibit B" attached hereto and incorporated herein by reference (the "325 Parcel"). Said parcels as described in Exhibit "A" and Exhibit `B"are herein collectively referred to as the "Property"; and GPIN NO.: 1467-67-8669 Prepared by: Kyle D. Korte, Esq. 1467-67-8469 Wolcott Rivers Gates 1467-67-8323 200 Bendix Road 1467-67-8119 Suite 300 Virginia Beach, VA 23452 Telephone: (757) 497-6633 Facsimile: (757 497-7267 WHEREAS, the party of the third part, as contract purchaser of three parcels of land within the Property and contract tenant of one parcel of land within the Property has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of three parcels of land within the Property from Al2 Apartment District to Conditional B-2 Business District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes though zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the B-2 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, for themselves, their successors, personal representatives, assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element or compulsion or quid pro quo for conditional use, site plan, or building permit, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claimed under or through the Grantors, their successors, personal representatives, assigns, grantee, and other successors in interest or title: 1. When the Property is developed, the entrance, streets, landscaping and fencing shall be substantially in accordance with the "CONCEPTUAL SITE LAYOUT PLAN OF CAR 2 WASH W/ BULK STORAGE FOR CHECKERED FLAG — NELMS LANE", dated 04/16/2021, prepared by Orbis Landscape Architecture, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan"). 2. To the extent that the Property is developed with a car wash facility, there will be no more than one(1) enclosed building as depicted on the Concept Plan. 3. When the Property is developed, all outdoor lighting will be shielded to direct light and glare onto the premises, said lighting and glare will be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting will not be erected any higher than fourteen(14) feet. 4. When the Property is developed, the storage yard as depicted on the Concept Plan will be completely enclosed, except for necessary opening for ingress and egress, by a fence no less than six (6) feet in height, except where prohibited by Section 201(e)(1) and Category VI landscaping as per Section 228 of the Zoning Ordinance. 5. When the Property is developed, the Property will utilize Category VI landscaping, and will include evergreen shrubs or a combination of trees and shrubs, which will better screen the proposed use from the surrounding residential uses. 6. To the extent that the Property is developed with a car wash facility as depicted on the Concept Plan, said facility will restrict any water produced from said facility from falling upon or draining across public streets or sidewalks or adjacent properties. 7. To the extent that the Property is developed with a car wash facility as depicted on the Concept Plan, said facility will include the required minimum parking spaces as required by Section 228.1 of the Zoning Ordinance. 8. When the Property is developed, the loading and unloading of vehicles shall be prohibited within the right-of-way. 9. Further conditions may be required by the Grantee during the detailed review of the Conceptual Plan and Review Set and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to the conditional use and A-12 Apartment Districts and B-2 Conditional Business Districts, and to the requirements and regulations applicable thereto refer 3 to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until the use of the Property is no longer as a bulk storage yard and/or carwash facility, or until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instruments as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory jurisdiction, abatement, damages, or other appropriate action, suit or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; 4 (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. [Signature Page Follows] 5 WITNESS the following signatures and seals: HAYNES FURNITURE COMPANY,INCORPORATED, a Virginia corporation By: __ —__ (SEAL) Name: to.... Title:$ - v ' - c/= STATE OF VIRGINIA CITY/COUNTY OF U 11� 6t_ L to-wit: I, the undersigned, a Notary Public in and for my City/County and State aforesaid, do hereby certify that � )rem _ PC of Haynes Furniture Company, Incorporated, a Virginia corporation, whose name is signed to the foregoing instrument, has acknowledged the same before me this day of } cjc, 2021, who is personally known to me or has produced as identification. A_ E Notary Public My Commission Expires: ( My Commission Number: - SSA S •. N . NOTARY '•.,'0 PUBLIC •. ▪ REG#7517681 • MY COMMISSION Q ▪ • EXPIRES '�. •. 1/31/2024 . C9 S.tim ......••�J�: 1EALTN O 6 C H & B ASSOCIATES, L.L.P., a Virginia limited liability general partnership By: Wet(SEAL) Name: k Title: ewe .Q/li, STATE OF VIRGINIA ``� CITY/COUNTY OF \I ►'czs•,C:,� �c�P__ 1�, to-wit: I, the undersigned, a Notary Public in and for my City/City and State aforesaid, do hereby certify that LaioRece ,t cP of C H & B Associates, L.L.P., a Virginia limited liability general partnership, whose name is signed to the foregoing instrument, has acknowledged the same before me this c2.(eday of ( Z.\ , 2021, who is personally known to me or has produced as identification. \\ 4r\A:OSia llotary Public My Commission Expires: �13i`2oZ1 S % My Commission Number: Z‘ Qtcts.5 vp: �2 v W 7 WINNER'S PROPERTIES, LLC, a Virginia limited liability company By: (SEAL) Name: —5?e1'/e,7 5"1d-P(- Title: f'11 tirv, g4,- STATE OF VIRGINIA ,{�� � CITY/COUNTY OF\I\C „. �� a , to-wit: I, the undersigned, a Notary Public in and for my City/County and State aforesaid, do hereby certify that S ll , it Mt of Winner's Properties, LLC, a Virginia limited liability company, whose name is sign-. to the foregoing instrument, has acknowledged the same before me this C\ day of , 2021, who is personally known to me or has produced as identification. LLItiect3 Notary Public My Commission Expires: LI Xlaoaa ���,,,,„•llllllll►,,,,,,, Np My Commission Number: \13 sA U oo ••\ O zr 3P RSS/N t a 0/2022 e ore/ ... IIHill IIIN..... 8 EXHIBIT A Property Description for GPIN No. 1467-67-8669 All those certain lots,pieces and parcels of land, together with the improvements and appurtenances thereto, located, situated and being in the City of Virginia Beach, Virginia, described as follows: PARCEL I: Beginning at a pipe, a corner of the property of Wilson-Seville, and the property of Martin, as shown on said plat, and running thence North 12 deg. 45 min. East 417.6 feet; thence running North 56 deg. 45 min. West 523.7 feet to the eastern boundary of a 20 foot right of way, thence South 16 deg. 12 min. West of 409.2 feet, along the eastern line of said 20 foot right of way to where is intersects the northern line of the property of Wilson-Seville, as shown on said plat thence running South 56 deg. 45 min. East 550 feet to the point of beginning, containing 5 acres. The said parties of the first part Both further grant and convey to said grantee a right of way, the width of 20 feet, running to the Va. Beach Boulevard as shown on said plat. The grantors herein agrees that in the event they succeed in acquiring a 20 foot right of way on the East side of the above described property, and other property of the grantor to the north of the property hereby conveyed, they the said grantors, doth hereby agree to convey to the trantee the 20 foot strip of land on the west side of tract "C" as shown on said plat, provided the said grantor can obtain the consert of the owners of all the tracts on the above plat to close said 20 foot right of way extending down thru the center of said plat. The grantors reserve the right to remove the building now on said property not later than July 15, 1948. LESS AND EXCEPT that certain conveyance to Faith Baptist Church appearing of record in Deed Book 606,page 206. PARCEL II: All that certain parcel of land situate, lying and being in Kempsville Magisterial District, Princess Anne County,Virginia, and being a portion of Section"C"as shown on a certain plat of the property of Minnie L. Woodward, near Davis Corner in said County,made by W.B. Gallup, County Surveyor, and recorded with the deed from Minnie L. Woodward and husband to Elbert R. Johnson in Deed Book 253 at page 444, in the Clerk's Office of said County; said portion of Site"C"being bounded and described as follows: Beginning at the intersection of the eastern line of a 20 foot right-of-way and the property of Wilson-Seville as shown on said plat and running thence along said right of way N. 16" 12' E 212 feet; thence S 56"45' E 212 feet; S 16" 12' W 212 feet and thence along the property of Wilson-Seville 212 feet to the point of beginning and containing One(1.0) acre more orless, and 9 is a portion of the property conveyed to Elbert R. Johnson by deed of Minnie L. Woodward and L. A. Woodward, husband and wife, dated May 17, 1948, and recorded in Deed Book 253,page 444, in the Clerk's Office of the Circuit Court of Princess Anne County, Virginia. Together with the right of user in a right-of-way the width of 20 feet, running to the Virginia Beach Boulevard, as shown on said plat. LESS AND EXCEPT the conveyance to Faith Baptist Church appearing of record in Deed Book 606, at page 206. Property Description for GPIN No. 1467-67-8469 ALL THAT certain tract, piece or parcel of land, with the improvements thereon, and the appurtenances thereunto belonging, lying situate and being in the City of Virginia Beach, as shown on that certain plat entitled "Plat Showing Property Owned by W. C. Tingle, Jr.," made by L. D. Fletcher, Reg. Engr., dated September 1954, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 374 at page 297, reference to which said plat is hereby made for a more particular description of the property. Property Description for GPIN No. 1467-67-8323 All that certain tract, piece or parcel of land, with the improvements thereon and the appurtenances thereunto belonging, lying, situate and being in Kempsville Borough, Virginia Beach (formerly Princess Anne County), Virginia, and situated on the North side of the Virginia Beach Boulevard between Chinese Corner and Davis Corner (and near 7326 Virginia Beach Boulevard under the present system of numbering), and more particularly described as follows: BEGINNING at a point on the Western side of a 30 foot road now known as Nelms Lane, which point is derived by starting from a pin at the intersection of the Northern right-of-way line of Virginia Beach Boulevard (as widened) and the Western right-of-way line of Nelms Lane (State Highway Plat Book 8, at page 190), thence running along the western right-of-way line of Nelms Lane the following four courses: North 80°14'O1" East 22.89 feet to a point; and thence North 17°15'59" East 276.95 feet to a point; thence South 59°16'24" East 10.26 feet to a point; and thence North 17°39'36" East 100.00 feet to a point where the western right-of-way line of Nelms Lane intersects the boundary line between the land conveyed to CH&B Associates, L.L.P. (Deed Book 3830, at page 357) and the land conveyed herein, said point being the Point of Beginning (said four courses being formerly collectively described as North 17°20' East 413 feet from the Northern side of Virginia Beach Boulevard), and from said Point of Beginning running thence North 59°34' West 226.90 feet to the dividing line between this property and the property formerly of Marvin W. Brown; thence turning and running along the dividing line between this property and the property formerly of Marvin W. Brown North 17°20' East 200 feet to a point; thence turning and running South 59°34' East 226.90 feet to the Western side of the 30 foot 10 road; thence running and running along the Western side of said 30 foot road South 17°20' West 200 feet to the Point of Beginning. 11 EXHIBIT B Property Description for GPIN No. 1467-67-8119 ALL THAT certain tract, piece or parcel of land, with the improvements thereon and the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach (formerly Kempsville Magisterial District, Princess Anne County), Virginia, and more particularly bounded and described as follows: BEGINNING at a point on the Western side of Nelms Lane, which point is North 17 degrees 20 minutes East 298.43 feet from the Northern side of Virginia Beach Boulevard, and from said point beginning running thence North 59 degrees 36 minutes West 226.38 feet to a pin; thence turning and running North 17 degrees 20 minutes East 100.00 feet to a point; thence turning and running South 59 degrees 34 minutes East 226.75 feet to the Western side of Nelms Lane; thence turning and running along the Western side of Nelms Lane South 17 degrees 20 minutes West 100 feet to the point of beginning. 12 57 ITEM—VII.K.14 PLANNING ITEM#71937 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council APPROVED,AS CONDITIONED, BY CONSENT, Application of KABP DEVELOPMENT,LLC for a Conditional Use Permit re eating and drinking establishment at the corner of Fisher Arch &Princess Anne Road, West of 2033 Fisher Arch DISTRICT 7—PRINCESS ANNE KABP DEVELOPMENT, LLC for a Conditional Use Permit re eating and drinking establishment at the corner of Fisher Arch&Princess Anne Road, West of 2033 Fisher Arch (GPIN 2414117668) DISTRICT 7 — PRINCESS ANNE The following conditions shall be required: 1. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development/Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official's Office. 2. The maximum number of attendees or the occupancy load shall be determined by the City of Virginia Beach Building Official's Office. 3. No amplification of music or use of speakers shall be permitted except within the enclosed building. 4. The Eating and Drinking Establishment, in conjunction with this principle use, shall in combination not occupy more than ten percent(10%) of the total floor area. 5. Any onsite signage for the health and wellness center shall meet the requirements of the City Zoning Ordinance (CZO), and there shall be no neon or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows, or on the doors. The building signage shall not be a "box sign." There shall be no window signage permitted. A separate sign permit shall be obtained from the Department of Planning& Community Development for the installation of the signage. This Ordinance shall be effective in accordance with Section 107(1) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 17t day of August Two Thousand Twenty One. August 17, 2021 58 ITEM—VII.K.14 PLANNING ITEM#71937 (Continued) Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Sabrina D. Wooten August 17, 2021 120 B2 //''0 ;, 32 R7.5 R20_ B�2 g2 �� _ ()" G / 4 �.- R20 AG1 B 7 N 6Ja2 � / \ 'Qo AG2 / 7r / AG2 • % �� ,02 h /�I/ O2 02 00 / kG ` i ° rFish er'Ar,, f ,, . , .c' 02 P1 yi ----N,-- / P1 / / A@2 AG 1 \ \ ,c3\C3 \irtiOn2 R-1-0r R 10 `�R�10\ Nam, W'r�� " Pr A Site KABP Development, LLC (y, Property Polygons Corner of Fisher Arch & Princess Anne Road, s Zoning West of 2033 Fisher Arch Building - Feet 0 65130 260 390 520 650 780 59 ITEM—VII.K.15 PLANNING ITEM#71938 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ALLOWED WITHDRAWAL, BY CONSENT,Application ofJEFFREY HEITKAMP/JEFFREY&MELINAMAE HEITKAMP for a Conditional Use Permit re home occupation — retail sales at 1140 Cordova Court DISTRICT 7—PRINCESS ANNE Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Sabrina D. Wooten August 17, 2021 60 ITEM—VII.K.16 PLANNING ITEM#71939 Upon motion by Vice Mayor Wood, seconded by Council Member Wilson, City Council ADOPTED, BY CONSENT, Ordinance to AMEND Section 242.1 of the City Zoning Ordinance (CZO) re Tattoo Parlors and Body Piercing establishments Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Sabrina D. Wooten August 17, 2021 1 REQUESTED BY COUNCILMEMBER ABBOTT 2 3 AN ORDINANCE TO AMEND SECTION 242.1 OF 4 THE CITY ZONING ORDINANCE TO DELETE THE 5 REQUIREMENT FOR TATTOO PARLORS AND 6 BODY PIERCING ESTABLISHMENTS NOT TO BE 7 LOCATED WITHIN SIX HUNDRED (600) FEET OF 8 ANOTHER TATTOO PARLOR OR BODY PIERCING 9 ESTABLISHMENT 10 11 Section Amended: § 242.1 of the City Zoning 12 Ordinance 13 14 WHEREAS, the public necessity, convenience, general welfare and good zoning 15 practice so require; 16 17 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 18 BEACH, VIRGINIA: 19 20 That Section 242.1 of the City Zoning Ordinance is hereby amended and 21 reordained to read as follows: 22 23 Sec. 242.1. Tattoo parlors and body piercing establishments. 24 25 Tattoo parlors and body piercing establishments shall be permitted only as 26 conditional uses in the B-2 Community Business District, and, 27 28 (a) T tattoo parlors and body piercing establishments shall be subject to the 29 requirements pertaining to tattoo parlors and body piercing establishments set 30 forth in Chapter 23 of the City Code, which requirements shall be deemed to 31 be conditions of the conditional use permit; 3nd-_ 32 33 (b.) Ne-tattee-paFleF-er-beely-piersing-establiehment-ehati-be-leeatecl-Mtilln-eix 34 35 36 Adopted by the Council of the City of Virginia Beach, Virginia, on the 17 t h day 37 of August , 2021. APPROVED AS TO CONTENT. APPROVED AS TO LEGAL SUFFICIENCY. .-f Planning De;;artment City Attorney S,Office CA15481/R-2/June 9, 2021 61 ITEM VII-L. APPOINTMENTS ITEM#71940 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: 2040 VISION TO ACTION COMMUNITY COALITION BEACHES AMD WATERWAYS ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT(COG)REVIEW AND ALLOCATION COMMITTEE GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HOUSING ADVISORY BOARD INVESTIGATION REVIEW PANEL MINORITY BUSINESS COUNCIL OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD August 17, 2021 62 ITEM VII-L. APPOINTMENTS ITEM#71941 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED CITY COUNCIL LIAISON: N.D. "ROCKY"HOLCOMB CLEAN COMMUNITY COMMISSION URBAN AGRICULTURE ADVISORY COMMITTEE Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Sabrina D. Wooten August 17, 2021 63 ITEM VII-L. APPOINTMENTS ITEM#71942 Upon NOMINATION by Vice Mayor Wood, City Council REAPPOINTED: JOHN CROMWELL JASON DAWLEY BART FRYE Four year term 10/1/13/2021 —9/30/2025 AGRICULTURE ADVISORY COMMISSION Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Sabrina D. Wooten August 17, 2021 64 ITEM VII-L. APPOINTMENTS ITEM#71943 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: NIAM LAGOE (Student) Two year term 10/1/2021—9/30/2023 EVIE LIU (Student) One year term 10/1/2021 —9/30/2022 HUMAN RIGHTS COMMISSION Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Sabrina D. Wooten August 17, 2021 65 ITEM VII-L. APPOINTMENTS ITEM#71944 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: CANDICE MILLER Three year term 8/17/2021—9/30/2024 INVESTIGATION REVIEW PANEL Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Sabrina D. Wooten August 17, 2021 66 ITEM VII-L. APPOINTMENTS ITEM#71945 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: DAVID BRADLEY (Representing:Princess Anne District) Unexpired term thru 12/31/2022 PLANNING COMMISSION Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Sabrina D. Wooten August 17, 2021 67 ITEM VII-L. APPOINTMENTS ITEM#71946 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: GRACIE TIGNOR (Student) Two year term 9/1/2021—8/31/2023 PUBLIC LIBRARY BOARD Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Sabrina D. Wooten August 17, 2021 68 ITEM VII-L. APPOINTMENTS ITEM#71947 Upon NOMINATION by Vice Mayor Wood, City Council APPOINTED: DAVID BRADLEY (Representing:Planning Commission) Unexpired thru 2/28/2023 TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, John D. Moss, Aaron R. Rouse, Guy K. Tower, Rosemary Wilson and Vice Mayor James L. Wood Council Members Absent: Sabrina D. Wooten August 17, 2021 69 ADJOURNMENT ITEM#71948 Mayor Robert M. Dyer DECLARED the City Council Meeting ADJOURNED at 9:24 P.M. Terri H. e aus Chief Deputy City Cle Am a Barne , MMC Robert M. Dyer City Clerk Mayor City of Virginia Beach Virginia August 17, 2021