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DECEMBER 14, 2021 FORMAL SESSION MINUTES
r01,1114 !, sa voietm s�j V ~9*s-,dbnSls; s�aa e`.II '11. Otq fiel:� "t VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia December 14, 2021 Vice Mayor Rosemary Wilson called to order the CITY COUNCIL MEETING in City Council Chamber, City Hall, on Tuesday,December 14, 2021, at 1:03 P.M Vice Mayor Wilson provided an update on Mayor Dyer, stating she spoke to him earlier today and he feels confident he will return in January. Vice Mayor Wilson advised she attended the Employee Service Awards to recognize employees for their years of dedicated service to the City and it was wonderful to see those who have worked for the City for thirty(30), thirty-five (35)and forty(40)years, including Mr.John Roberts who has been with the City for fifty (50)years. Vice Mayor Wilson also acknowledged Council Member Holcomb's thirty (30)years of service. Vice Mayor Wilson announced Dr. Caitlin Pedati is hired as the new Director of the Virginia Beach Department of Public Health and asked City Manager Duhaney to introduce her. City Manager Duhaney advised Dr. Pedati is a Virginia native who is coming to the City from the Iowa Department of Public Health, where she served as the Medical Director and state epidemiologist. City Manager Duhaney welcomed Dr. Pedati and asked her to say a few words. Dr.Pedati expressed her appreciation to City Council and City Manager Duhaney and advised how excited she is to come to the City where there are so many wonderful people and communities and is looking forward to all that can be achieved. Council Members Present: Linwood O. Branch, Michael F. Berlucchi, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer-Ill John D. Moss—Out of Town Aaron R. Rouse—Arrived at 1:34 P.M 2 CITY MANAGER'S BRIEFINGS FY21 ANNUAL COMPREHENSIVE FINANCIAL REPORT(CAFR) and GENERAL FUND UPDATE ITEM#72313 1:09 P.M. Vice Mayor Wilson welcome Kevin Kielbasa, Principal Accountant—Finance. Mr. Kielbasa expressed his appreciation to City Council for their continued support: Annual Comprehensive Financial Report AUDITED FINANCIAL RESULTS FOR THE FISCAL YEAR ENDED JUNE 30, 2021 ' DECEMBER 14,2021 Here is the Agenda: AGENDA • Annual Comprehensive Financial Report (ACFR) • Cherry Bekaert Presentation • FY 2021 Audited Financial Statements • Long-term Debt—annual required payments • FY 2022 November Interim December 14, 2021 3 CITY MANAGER'S BRIEFINGS FY21 ANNUAL COMPREHENSIVE FINANCIAL REPORT(CAFR) and GENERAL FUND UPDATE ITEM#72313 (Continued) Mr. Kielbasa turned the presentation over to Laura Harden, Auditor—Cherry Bekaert to provide the audit results: Presentation to City Council Virginia Beach. Virginia t* Your guide forward December 14,2021 4'06 Cherry Bekaert Here is the Audit Overview: Audit Overview ► Financial Audit • Test significant balances and transactions • Test underlying assumptions of significant estimates • Understand the internal control environment ► Compliance Audit • Test compliance with Virginia laws and regulations • Test compliance with Federal grants • Understand and test the internal control environment ► ACFR includes unaudited sections • Introductory, Required Supplementary Information,Statistical • "In relation to"opinion on Other Supplementary Information =Cheery December 14, 2021 4 CITY MANAGER'S BRIEFINGS FY21 ANNUAL COMPREHENSIVE FINANCIAL REPORT(CAFR) and GENERAL FUND UPDATE ITEM#72313 (Continued) Here are the Audit Results with no findings or material weaknesses: Audit Results Financial Audit • Issued an unmodified(clean)opinion Compliance Audit • Issued an unmodified(clean)opinions • No material weaknesses • Other matters-noncompliance • Government Auditing Standards—none reported • Specifications for Audits of Counties, Cities and Towns— none reported • Uniform Guidance—none reported .II Cherry Bekaert' Required Audit Communications Accounting Standards and Policies • No changes in accounting policies • GASB#84—Fiduciary Activities Conduct of the Audit • No difficulties in conducting the audit • No disagreements with management • No corrected misstatements. No uncorrected misstatements • No consultation with other accountants r Other Matters • We are independent of the City • Management representation letter Cherry Bekaert —0' December 14, 2021 5 CITY MANAGER'S BRIEFINGS FY21 ANNUAL COMPREHENSIVE FINANCIAL REPORT(CAFR) and GENERAL FUND UPDATE ITEM#72313 (Continued) Ms. Harden turned the presentation over to Mr. Kielbasa: Questions & Comments Laura Harden D�recfor Gavernam,ft Services Gra 757.456 2400 The Statement of Net Position for All City Funds is $15.1-Million: STATEMENT OF NET POSITION - ALL CITY FUNDS JUNE 30, 2021 (IN MILLIONS) Community Development City Schools Total Corporation Current Assets $ 1.458 9 $ 301.2 $ 1.760.1 $ 8.4 Capital Assets 4.740.9 598.2 5.339.1 27 5 Total Assets 6.199.8 899.4 7,099.2 35.9 Deferred Outflows of Resources 193.8 213.8 407.6 - Current Liabilities 329.5 141.4 470.9 6.0 Net Pension Liability 525.4 748.8 1,274.2 Net OPEB Liability 94.2 147.7 241.9 Other Long Term Liabilities 1.401.6 39.2 1.440.8 14.8 Total Liabilities 2,350.7 1,077.1 3,427.8 20.8 Deferred Inflows of Resources 41.7 88.1 129.8 Net Position Net Investment in Capital Assets 3.266-9 598.2 3,865.1 7.4 Restricted 106.0 24.6 130.6 Unrestricted 628.2 (674.7) (46.5) 7.7 Total Net Position $ 4.001.1 $ (51.9) $ 3.949.2 $ 15.1 December 14, 2021 6 CITY MANAGER'S BRIEFINGS FY21 ANNUAL COMPREHENSIVE FINANCIAL REPORT(CAFR) and GENERAL FUND UPDATE ITEM#72313 (Continued) The unassigned Fund Balance as ofJune 30, 2021, was$110.7-Million or 8.99%of the FY2022 Revenues as required by City Council Policy: GENERAL FUND BUDGET TO ACTUAL JUNE 30, 2021 (IN MILLIONS) %of BUDGET ACTUAL VARIANCE Budget LOCAL $ 1.003.1 $ 1.054.2 $ 51.1 5.1% STATE 164.8 165.7 0.9 0.5% FEDERAL 23.0 23.6 0.6 2.6% TOTAL REVENUES $ 1.190.9 $ 1.243.5 $ 52.6 4.4% CITY $ 824.4 $ 727.8 $ 96.6 11.7% CITY CAPITAL PROJECTS 56.0 56.0 - - SCHOOLS 408.7 383.0 25.7 6.3% SCHOOL RESERVE FUND 5.8 5.8 - 0.0% SCHOOLS CAPITAL PROJECTS 27.2 27.2 - - TOTAL EXPENDITURES $ 1.322.1 $ 1.199.8 $ 122.3 9.3% REVENUES OVER(UNDER) $ (131.2) $ 43.7 $ 174.9 FUND BALANCE-JULY 1 189.8 FUND BALANCE-JULY 1 305.8 LESS:RESERVATIONS AND (238.8) •8.99%of FY2022 APPROVED CARRYOVERS UNASSIGNED FUND BALANCE-JUNE 30 110.7 • Budgeted Revenues 9 The Total Fund Balance Reservations as ofJune 30, 2021, was$110.0-Million: TOTAL FUND BALANCE RESERVATIONS JUNE 30, 2021 (IN MILLIONS) Total Fund Balance June 30,2021 $349.5 Less Reservations: Inventories&Loans Receivable 10.4 Community Services Board Restrict 2.9 Economic Development Governors 1.8 School Reserve Fund 16.2 School Reversion 25.7 School True-Up 29.2 Carryforwards and Encumbrances 33.7 Future Capital Projects 31.5 Various City Operations 7.4 Trust and Gift Funds 1.5 FY 2022 City CIP Budget 78.2 238.5 Total Unassigned Fund Balance FY 2021 $111.0 %of FY 2022 Budgeted Revenues 9.01% „111 -10 December 14, 2021 7 CITY MANAGER'S BRIEFINGS FY21 ANNUAL COMPREHENSIVE FINANCIAL REPORT(CAFR) and GENERAL FUND UPDATE ITEM#72313 (Continued) This chart provides the history of the Unassigned General Fund Balance between June 30, 2012 and 2021: UNASSIGNED GENERAL FUND BALANCE AS OF JUNE 30, 2012 THRU 2021 (IN MILLIONS; $200 •6. 13.0% • $150 ......_.._.._.._..___.._.._.._.._.._.._.._.._.._._.._.._.._.._.. r$152., 12.0% 10.7% 10.4% 10.1%10.5% 9.9% 10.2% • • 9.5% 9.3% • % m • • • • 9.0% `� m • $118 $1143 .4 $121.3 n 2 mo $100 _ ,., $102.4 $107.1 $111 0 8.0% V 0 $98.1 $97.0 1 rl $50 40% e X SO - 0.0% 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 oUoaoslgned GF Balance •%of Budgeted GF Revenue 11 Here are the Total Revenues-General Fund: TOTAL REVENUES - GENERAL FUND JUNE 30, 2021 AND 2020 (IN MILLIONS) FY2021 1TD FY20201TD VARIANCES Bue t • ,:1 Y+r'; % Actual Actual • Real Estate Taxes S I.4 S 558.9 S 30.4 5.4 % Personal Property Taws lul.' I2.15 Ir.2 17.4 112.7 10.2 9.1 Co®nweaSh-PPTRA 53.4 53.4 (0.0) (0.0) 53.4 -General Sales Sales Tar 63.2 78.7 15.5 24.5 67.9 10.8 15.9 Utility Tares 25.4 25.9 0.5 2.1 24.1 1.8 7.6 Tekcon mnkations Tares 20.3 19.6 (0.7) (3.4) 21.5 (1.9) (8.8) Business licenses 463 54.8 8.5 18.4 52.8 2.0 3.8 • Hotel Tares 5.8 7.6 1.8 31.0 6.7 0.9 13.4 • Meal Taxes 37.0 41.9 4.9 131 382 3.7 9.7 • Other Local Taxes 31.6 37.7 6.1 19.4 31.7 6.0 19.1 Charge for Sery ices 57.3 50.6 (6.7) (11.7) 48.4 22 4.5 Other Local Revenues 22.0 19.0 (3.0) (13.6) 24.5 (5.5) (22.4) Camino nwuhh-Maintenance of Roads 52.0 51.6 (0.4) (0.8) 502 1.4 2.8 Commonwealth-Hunan Services Reinb. 36.4 37.4 1.0 2.7 36.3 1.1 3.0 • Conamnweaah-Other State Revenues 23.0 23.3 0.3 1.3 25.2 (1.9) (7.5) • Federal Revenues 23.0 23.6 0.6 2.6 25.2 (I.6) (6.3) • Transfers from Other Funds 8.5 6.3 (2.2) (25.9) 16.9 (10.6) (62.7) S 1,190.9 S 1,2435 S 52.6 4.4 S 1,194.6 S 49.1 4.1 % •GF portion only ..---- Green-&needed budget Red-Under budget 12 d December 14, 2021 8 CITY MANAGER'S BRIEFINGS FY21 ANNUAL COMPREHENSIVE FINANCIAL REPORT(CAFR) and GENERAL FUND UPDATE ITEM#72313 (Continued) Here are the Total Expenditures-General Fund: TOTAL EXPENDITURES - GENERAL FUND JUNE 30, 2021 Transfers- Transfers-Other Funds S500.000.000 - elPs S45O.000.000 Salaries $400.000.000 -.. -._.. ... S35O.000.000 Transfers- Schools FY 2021�� Fnn c: Benefit. 5250,000.000 _... . $20O,00O.000111 Operating S150,000.000 --- -- Expenses Debt Service S100,000,000 -- Capital Outlay $50.000,000 1: liiLnuii.. - Tenders• Selades Operating Fringe Transfers- Debt Transfers Capital Schools Expenses Benefits CIPs Service Other Funds Outlay 2021 e202O• 13 Here is an overview of the Enterprise Funds: ENTERPRISE FUNDS STATEMENT OF NET POSITION AT JUNE 30, 2021 (IN MILLIONS) Water and Waste Sewer Storm Water Management Parking Cash and Investments $ 116 $ 31.5 $ 12.2 $ 5.9 Cash and Investments-Restricted 100.5 95.3 - - Receivables 20.2 6.6 6.2 - Inventory 3.0 - - - Capital Assets 720.4 455.7 7.3 0.4 Deferred Outflows 9.0 3.8 2.4 0.1 Total Assets+Deferred Outflows 968.7 592.9 28.2 6.4 Current Liabilities 23.8 10.3 2.2 0.4 Compensated Abscences 0.8 0.3 0.3 - Bonds and Notes Payable 222.7 150.3 - - Net Pension Liability 27.0 12.0 6.9 0.4 Net OPEB Uability 3.2 0.8 1.2 0.1 Deferred Inflows 1.8 0.9 0.6 Total Liabilities+Deferred Inflows 279.3 174.5 11.3 0.9 Net Investment in Capital Assets 484.0 297.1 7.3 0.4 Future Debt Services 18.0 3.4 - Unrestricted(deficit) 187.4 117.9 9.6 5.1 Total Net Position $ 689.4 $ 418.4 $ 16.9 $ 5.5 4111111111114 December 14, 2021 9 CITY MANAGER'S BRIEFINGS FY21 ANNUAL COMPREHENSIVE FINANCIAL REPORT(CAFR) and GENERAL FUND UPDATE ITEM#72313 (Continued) ENTERPRISE FUNDS STATEMENT OF REVENUES EXPENDITURES AND CHANGES IN NET POSITION AT JUNE 30. 2021 (IN MILLIONS) Water and Waste Sewer Storm Water Management Perking Charges for Services $ 129.2 $ 45.8 $ 37.3 $ 5.3 Miscellaneous - - 1.0 - Operating Revenues 129.7 45.8 38.3 5.3 Cost of Goods Sold 30.5 - 0.2 - Personnel Services 30.9 6.9 11.8 0.6 Operating Expenses 31.5 9.9 24.0 2.5 Depreciation 29.0 8.3 3.6 - Operating Expenses 121.9 25.0 39.6 3.0 Interest and Fiscal Agent Fees (6.0) (3.3) - (0.5) Other Nonoperating Revenues 1.2 0.8 - - Nonoperating Revenues(Expenses) (4.9) (2.5) - (0.5) Capital Contributions 3.0 4.4 - - Transfers In(Out) (0.2) 0.2 2.4 (0.5) Change in Net Position $ 5.8 $ 22.8 $ 1.1 $ 1-2 5 Here is an overview of the Tourism Investment Program: TOURISM INVESTMENT PROGRAM PRIOR YEAR COMPARISON AT JUNE 30, 2021 (IN MILLIONS) 2021 2020 Change Hotel Taxes $ 17.6 $ 15.9 $ 1.7 Meal Taxes 12.6 11.8 0.8 Amusement 3.4 5.4 (2.0) Other Revenue 1.8 2.7 (0.9) Total Revenue 35.4 35.8 (0.4) Expenditures (30.6) (28.9) (1.7) Transfers (1.0) (11.0) 10.0 Total Expenditures (31.6) (39.9) 8.3 Change in FB 3.8 (4.1) 7.9 Ending Fund Balance $ 27.3 $ 23.5 $ 3.8 16 December 14, 2021 10 CITY MANAGER'S BRIEFINGS FY21 ANNUAL COMPREHENSIVE FINANCIAL REPORT(CAFR) and GENERAL FUND UPDATE ITEM#72313 (Continued) Here is an overview of the Tourism Advertising Program: TOURISM ADVERTISING PROGRAM PRIOR YEAR COMPARISON AT JUNE 30. 2021 (IN MILLIONS) 2021 2020 Change Hotel Taxes $ 6.1 $ 5.4 $ 0.7 Meal Taxes 5.9 5.6 0.3 Other Revenue 0.1 0.1 - Total Revenue 12.1 11.1 1.0 Expenditures (10.1) (9.8) (0.3) Transfers - 1.9 (1.9) Total Expenditures (10.1) (7.9) (2.2) Change in FB 2.0 3.2 (1.2) Ending Fund Balance $ 6.0 $ 4.0 $ 2.0 17 Here is an overview of Parks and Recreation Special Revenue Fund: PARKS AND RECREATION SPECIAL REVENUE FUND PRIOR YEAR COMPARISON AT JUNE 30, 2021 (IN MILLIONS) 2021 2020 Change Property Taxes $ 20.9 $ 19.4 $ 1.5 Charges for Services 4.9 11.0 (6.1) Other Revenue 1.6 1.5 0.1 Total Revenue 27.4 31.9 (4.5) Expenditures (33.5) (39.1) 5.6 Transfers 2.4 1.1 1.3 Total Expenditures (31.1) (38.0) 6.9 Change In FB (3.7) (6.1) 2.4 Ending Fund Balance $ 7.5 $ 11.2 $ (3.7) 1s December 14, 2021 11 CITY MANAGER'S BRIEFINGS FY21 ANNUAL COMPREHENSIVE FINANCIAL REPORT(CAFR) and GENERAL FUND UPDATE ITEM#72313 (Continued) Here is the City's Long Term Debt Annual Payments: LONG TERM DEBT ANNUAL PAYMENTS (IN MILLIONS Annual Payments by Fiscal Year 2021 2020 Principal Retirement $ 103.8 $ 106.0 Interest 54.7 50.6 City Pension-Employer Contributions 52.8 48.3 School Pension-Employer Contributions 68.0 68.0 City OPEB-Employer Contributions 10.9 10.7 School OPEB-Employer Contributions 15.0 15.2 Jaini 19 FY2020 PAFR AND GFOA AWARD Cmilicalc of Achit anent for Excellence r in Financial �l Reporting FY2020 clh of Virginia React POPULAR ANNUAL `ROW/ FINANCIAL REPOR _Iro a .n.n IrF. I..a1.�.irN lam. at 20 December 14, 2021 12 CITY MANAGER'S BRIEFINGS FY21 ANNUAL COMPREHENSIVE FINANCIAL REPORT(CAFR) and GENERAL FUND UPDATE ITEM#72313 (Continued) FY 2022 Interim Financial Statements General Fund Overview-through November 30,2021 (Cash Basis and Unaudited) jr December 14,2021 Here are the FY 2022 General Fund Revenues and Expenditures through November 30, 2021: FY 2022 General Fund Revenues and Expenditures through November 30, 2021 (in Millions) Yl'D Actual as Omani YID %of Budget FY2O21 I'Y2020 Revenues Local $ 1,039.0 $ 241.2 23.2% $ 214.8 $ 328.0 State(includes PPTRA) 167.3 48.4 28.9% 33.0 43.7 Federal 24.1 8.4 34.9% 8.6 9.7 Total Revenues $ 1,230.4 $ 298.0 24.2% $ 256.4 $ 381.4 Expenditures City Operations $ 788.5 $ 303.2 38.5% $ 301.0 $ 296.2 City Capital Projects-Cash Funding 92.7 92.7 100.0% 48.8 53.9 Transfer to Schools 456.9 190.4 41.7% 178.8 186.7 Transfer to School Capital Projects 9.0 9.0 100.0% 4.6 1.5 Total Expenditures $ 1,347.1 $ 595.3 44.2% $ 533.2 $ 538.3 Appropriated from Fund Balance $ (116.7) S. (297.3) 22 111111111111111 December 14, 2021 13 CITY MANAGER'S BRIEFINGS FY21 ANNUAL COMPREHENSIVE FINANCIAL REPORT(CA FR) and GENERAL FUND UPDATE ITEM#72313 (Continued) Here is the FY 2022 General Fund Summary: FY2022 General Fund Summary I ACTUAL REVENUES YTD 26298.OM/61.230.4M I *R7% r-'L M.SK __ , ACTUAL EXPENDITURES YTD:$595.3 14/61,347.4 M /....".--- /f r 73.5% I !R7%r 56.0% 43.2% I __. AI% /- 44.2% t 43.4% 44.6% XL".„....../� .'4t7+6 34 B% "243% 13I% 754/16 fat6 _ ts46 RI% SLIM 4011. 1 Mar :tpr Mir a 766E►E78L23WI6.t y(q7!••1 -.-x a/FY 2o22 Rev Budget - Re.Trend 23 Here are the FY2022 General Fund Highlights-Local Revenues through November 30, 2021: FY 2022 General Fund Highlights - Local Revenues through November 30, 2021 on Millions) YTD Actual YTD as%of Local Revenue YTD Budget Actual Budget FY 2021 FY 2020 Real Estate Tax $ 592.6 $ 98.3 16.6% $ 94.0 $ 208.8 Personal Property Tax 119.0 16.4 13.8% 12.4 12.3 General Sales Tax 72.9 31.2 42.8% 26.9 24.7 Business Licenses 53.2 1.6 3.0% 3.3 2.5 Utility/Telecom Tax 44.5 17.2 38.7% 16.9 16.4 Restaurant Meal Taxes 39.8 24.7 62.1% 15.3 20.1 Hotel Taxes 7.2 6.9 95.8% 4.7 5.5 Other Local Taxes 33.3 11.8 35.4% 12.4 11.5 Charges for Services 43.9 16.7 38.0% 13.4 16.1 Other Revenues 17.8 10.2 57.3% 8.0 5.5 Total $ 1,024.2 $ 235.0 22.9% $ 207.3 $ 323.4 4011111 24 December 14, 2021 14 CITY MANAGER'S BRIEFINGS FY21 ANNUAL COMPREHENSIVE FINANCIAL REPORT(CAFR) and GENERAL FUND UPDATE ITEM#72313 (Continued) Here are the FY2022 General Fund Highlights-Expenditures through November 30, 2021: FY 2022 General Fund Highlights - Expenditures through November 30, 2021 (in Millions) YTD Actual as%of Expenditure Types: YTD Budget YTD Actual Budget FY 2021 FY 2020 Personnel: General Government $ 276.8 $ 103.5 37.4% $ 74.0 $ 60.9 Public Safety-Fire 59.2 26.2 44.3% 23.6 22.0 Public Safety-Police 95.7 38.8 40.5% 38.5 35.9 Public Safety-EMS 9.4 4.3 45.7% 3.9 3.4 Public Safety-ECCS 9.6 3.1 32.3% 3.5 3.5 Other Operating Cost 238.2 89.8 37.7% 118.2 133.7 Debt Service 59.2 20.8 35.1% 23.7 22.7 Trsf to Schools-Operating and CIP 465.9 199.4 42.8% 183.4 188.2 Other Transfers 133.4 109.4 82.0% 64.8 68.0 Total $ 1,347.4 $ 595.3 44.2% $ 533.6 $ 538.3 25 Here are the Next Steps: NEXT STEPS • FY 2022 December Interim January 18, 2022 • FY 2022 January Interim February 15, 2022 • FY 2023 Budget Proposal March 22, 2022 • FY 2023 Budget Adoption May 10, 2022 26 Vice Mayor Wilson expressed her appreciation to Mr.Kielbasa for the presentation. December 14, 2021 '5 CITY MANAGER'S BRIEFINGS STORMWATER REGULATORY UPDATE ITEM#72314 1:26 P.M. Vice Mayor Wilson welcome Robert J. Tajan, Director-Planning and Community Development. Mr. Tajan expressed his appreciation to City Council for their continued support: - _ -. - 10 w 3 t - .„ , ' ►. ," 4 ' - .it sr ., ... s „ n_ Stormwater Regulation Workgroup Update V( City Council Workshop—December 14, 2021 Here is the Summary: Summary • Provide update on Stormwater Standards Workshops progress • Review high level comments received from stakeholders • Review high level proposal for changes • Anticipated Timeline • Questions �,;ua' Planning and Community Development I December 14.2021 I City Council B0e000 2 December 14, 2021 16 CITY MANAGER'S BRIEFINGS STORMWATER REGULATORY UPDATE ITEM#72314 (Continued) Here is the Background: Background • Proposed amendments to the makeup and purview of the Stormwater Appeals Board (SWAB)was deferred by City Council on July 6, 2021 • Deferred to obtain additional stakeholder input • Staff also directed to review with stakeholders the current stormwater regulations and identify ways to improve the development review process • Councilmembers Jones and Moss requested by Council to be Liaisons with stakeholders Planning and Community Development I December 14.20211CityCouncliBifefing3 The next several slides provide an overview of stakeholder meetings: Focus of stakeholder meetings fevM _ _�, -t'tt o�►>«,•,w�1. • Maintain flood resiliency of t n - j current stormwater regulations • Allow stakeholders to identify ` � areas of improvement in It-�..: ',� . „„ g •���.+ P s.r - 14,tt.y:+iw r+`a^�ter, process and regulations ' �••�54.,hr u ,,> through a facilitated process Au.y • Allow staff to provide or review ? ,.,,.,iry4••il,••4r4,..., solutions that align with council 10 :. N .,K*Lee direction • Track comment and responses V7(J y Planning and Community Development!December 14.2021 t CityCouncl Briefing 4 December 14, 2021 17 CITY MANAGER'S BRIEFINGS STORMWATER REGULATORY UPDATE ITEM#72314 (Continued) Stakeholder focus group • External representatives selected by Coastal Virginia Building Industry Association (CVBIA) • Developers • Consulting engineers • City Councilmembers Jones and Moss • City Executive Leadership • Staff from Planning, Public Works, and Office of Performance and Accountability (OPA) Panning and Community Development December 14,2021 I City CouncB Bdeflng 5 Stakeholder workshops • Met weekly starting August 6, 2021 • Each comment was documented, reviewed and commented on by staff Recommendation Status ae of %of Total Recommendations Recommendations Accepted 19 22% Accepted&Needs Approval 37 43% Under Review 14 16% Not accepted 15 17% Awaiting information from 1 1% stakeholders 10.1 Totals 86 100% � 'r._ Planning and Community Development I December 14,20211 CityCWndl Briofinp 6 December 14, 2021 18 CITY MANAGER'S BRIEFINGS STORMWATER REGULATORY UPDATE ITEM#72314 (Continued) Key comments • Reduce the number of reviews • Provide simplified design option for projects that have limited watershed impact • Reduce complexity of preliminary stormwater analysis • Align modeling tolerance of"no impact" to align with Army Corps practice • Improve communications during plan review process for complicated issues Br+ Banning and Community Development I December 14.2021 I CRY Council&iefinp Highlight of proposed changes • Provide alternative design options for projects that have an increase of impervious area less than 20,000 square feet • Expand criteria for projects to utilize alternative design options • Remove 1.5 ft of sea level rise from the 100-year design storm • Match Army Corps Standards for stormwater model tolerance • Revise requirements for Preliminary Stormwater Analysis • Provide checklist on stormwater modeling to reduce regular comments Planning and community Development I December 14.2021 1 City Council aneflnp December 14, 2021 19 CITY MANAGER'S BRIEFINGS STORMWATER REGULATORY UPDATE ITEM#72314 (Continued) The next several slides provide examples of simplified methods: Example of simplified method • 71st Street Duplex '" 1 • Project approved in July '► • Current design includes 6 s - ` ,._- -- SWMM model files and 145-page summary s __ i:I • 1230 cubic feet of =`` stormwater storage ''' - t i iti iB Planning and Community Development 1 December 14,2021 I Clty 9 Example of simplified method • 71 St Street Duplex Runoff Volume Calculation • Alternate criteria can calculate storage in an • Soil T,• • 1ASotls kneenriou excel spreadsheet Forest Turf '= 0.00 _ Q.17 0.05 ^17 • 1350 cubic feet of a� 000 0.i0 � _ - stormwater storage Planning and Community Development I December 14,2021 1 c1ty 00e0o4 BXRnp 10 December 14, 2021 20 CITY MANAGER'S BRIEFINGS STORMWATER REGULATORY UPDATE ITEM#72314 (Continued) Example 2 of simplified method • Designed BMP locations based on current criteria rorintr, grwatatiniiiiduusmemmik .414 ,corn 1.,.S, •� } I 2FJ.�I.o..1 �' fF.2.12.22 W •lrwnr� / Mil IIrawt•••r aw v ,_ C ti .' � L Planning and Community Development I December 14.20211 City Council Briefing Example of simplified method • Potential expanded BMP based on new alternate criteria LI'waraai ,LOT n/ r+"• a rr'Boer — a - I 1 ' rrr rr�rrx FF.rztd mw:..r 1 E. I I FF../S.Yl Ili,�.. r- �q PP Lim Planning and Community Development I December 14.2021 I Calf Coon00 Bt•11ng .•- 12 December 14, 2021 21 CITY MANAGER'S BRIEFINGS STORMWATER REGULATORY UPDATE ITEM#72314 (Continued) Example of simplified method • Commercial Project on Witchduck Road: a• • Project has still not been p,-; >® approved • Current design includes • ---AA Hydrocad modeling shown — ••• in a 207-page summary • 2350 cubic feet of stormwater storage ••"#7• . B e Planning and Community Development I December 14.2021 1 City Council Beefing Example of simplified method • Commercial Project on Runoff Volume Calculation Witchduck Road: • Alternate criteria can Pro- Soil pe DSoils calculate storage in an Forest Turf Impervious Tol.I Area PRE 0.00 0.29 0.04 excel spreadsheet POST 0.00 0.12 • 1221 cubic feet of Stora_e Volume Rewired= 1 1 stormwater storage Planning and Community Development I December 14.2021 I City Council Beefing 14 December 14, 2021 22 CITY MANAGER'S BRIEFINGS STORMWATER REGULATORY UPDATE ITEM#72314 (Continued) Example of simplified method • Designed BMP locations based on current criteria i t.,0 ' 'rear' _ _`_,- r F77 rn '_•4 0 1 . f - � �\ s z stun X ro,11 o f m" .1 nn•Ala � �.,. aw Pa y 1 o a 'gym,.' iII .._. in ��, �? `'1./•M.._,M3'.;1- Planning and Community Development I December 14.20211 City Council 8d.Th g Example of simplified method • Potential reduced BMP based on new alternate criteria '.t • 1 a.e.r rs 1 a *,.n av ,.,moo ,. . urea. Erau.. I' rr;� �au u>orvap..a+ M1 i.. b a nraa wn mm •. . r"�, aa. a.a.c m.1 fff .+ rr.xxc it le SI i pJfM11 '�, - -45\\1jl.Y� ., 1..11J� L WO Planning alnnd Community Development I December 14,20211 City Council BrbEng - December 14, 2021 23 CITY MANAGER'S BRIEFINGS STORMWATER REGULATORY UPDATE ITEM#72314 (Continued) Here is an overview of the Preliminary Stormwater Analysis: Preliminary Stormwater Analysis • Staff has proposed options for discretionary applications that require a preliminary stormwater analysis • Option 1: • If a proffer is volunteered or condition applied that notes that the project will not create impact on upstream or downstream properties or stormwater systems then simplified analysis required • Option 2: • If no proffer is volunteered,then full analysis utilizing the City stormwater model men required to assure staff the project will comply with requirements of the comprehensive plan Planning and Community Development!December 14.20211 City Counct1Bdaflnp 17 Here is a summary of proposed changes to the Stormwater Appeals Board: Stormwater Appeals Board • Added Civil Engineer and other design professionals explicitly as part of qualifications • Added two (2) alternates per Councilmember Liaison request • Removed City Staff as voting members of the board • Clarified that Planning and Public Works will staff the board • Add section 1-15 from the Stormwater Management Ordinance as an additional section that variances may not be granted to NiB Planning and Community Development I December 14 2021 1 Cty Com cJ1 BrMing le December 14, 2021 24 CITY MANAGER'S BRIEFINGS STORMWATER REGULATORY UPDATE ITEM#72314 (Continued) Here is the Proposed timeline: Proposed timeline • December 14 City Council Briefing and release draft amendments to general public • December 14— January 4 Public comment period • January 7 Brief City Council on comments received and any potential changes proposed • January 14 City Council vote on proposed changes ._ Planning and Community Development I December 14.2021 I City Council Briefing 1 9 Vice Mayor Wilson expressed her appreciation to Mr. Tajan for the presentation. December 14, 2021 25 CITY MANAGER'S BRIEFINGS STORMWATER PROGRAM OVERVIEW&DISCUSSION ITEM#72315 2:00 P.M. Vice Mayor Wilson welcome LJ Hansen, Director-Public Works. Mr. Hansen expressed his appreciation to City Council for their continued support: Stormwater Program Overview & Discussion DECEMBER 14,2021 CITY COUNCIL MEETING LJ HANSEN,PUBLIC WORKS DIRECTOR Here are the Discussion Points: Discussion Points • Stormwater Organization and Funding Sources • Stormwater Operations & Regulatory • Stormwater Flood Protection Program - New Capacity December 14, 2021 26 CITY MANAGER'S BRIEFINGS STORMWATER PROGRAM OVERVIEW& DISCUSSION ITEM#72315 (Continued) WORK theRippleEffect ZONE Here is the Pre-FY23 Stormwater Funding Model: RP Pre-FY23 Stormwater Funding Model Stormwater Fund (ERU) General Fund (Lockbox) Stormwater Engineering (SWEC)CIP SWEC Operations Regulatory Operations& CIP Stormwater Maintenance Operations&CIP December 14, 2021 27 CITY MANAGER'S BRIEFINGS STORMWATER PROGRAM OVERVIEW& DISCUSSION ITEM#72315 (Continued) Here is the Post-FY23 Stormwater Funding Model: Post-FY23 Stormwater Funding Model Stormwater Fund (ERU) General Fund & (Referendum) General Fund (Lockbox) Stormwater Engineering SWEC Operations (SWEC)CIP Regulatory Operations&CIP Stormwater Maintenance Operations&CIP Here is the Stormwater Enterprise Operations (ERU)Five Year Forecast: Stormwater Enterprise Operations (ERU) • Supported via existing ERU Rate of 49.30- Frozen until FY 28 Primarily supports CIP,debt service on revenue bonds issued by the CIP, pay-go funding to the CIP,and 99 Operations FTE Five Year Forecast Category FY22 Adopted FY23 Estimated FY24 FY25 FY26 FY27 "®' IIIIIMirlINEI Debt Service 19.410.82. Transfers 026,06 3,056.32- 3086.::. 9°Y-G° rIl effe Resew*, INIMMIRINIMPNWIM 2907.1 •� IF 1:23 50,813,08• 47,762,40 IIIMIM 48,717,05 51,034,83 INIMMI beable loshAl loetlddionelpey-ea-yeu-fle/er Year lelfhe ClA°AeradtlifonalenaNru a/fhe eperalinflbutlflel regvetl leNowin9 epembnq budflel•ubmistleiu December 14, 2021 28 CITY MANAGER'S BRIEFINGS STORMWATER PROGRAM OVERVIEW&DISCUSSION ITEM#72315 (Continued) Here is the General Fund Stormwater Operations and Support(Lockbox)Five Year Forecast: IGeneral Fund Stormwater Operations and Support (Lockbox) • Supported via 2.50 Real Estate Dedication FY M123 Mimi*; • Supports 136 FTEs Morqutto Control $2,724,643 • Used to support maintenance activities Street Sweeping $2616,937 Sudan.Water Compliance $2.428,673 Protect Management $3,987.606 Operations' $1,404,036 Construction and Engineering $2,881.575 Total $16,243,470 -rzwd.,4wr.ed ri»a.em,c c..w.Pomrsr rre) Five Year Operating Budget Forecast A Stormwater FTE FY22 FY23 FY24(+3.5%) FY25(+3.5%) FY26(+3.5%) FY27(+3.0%) General Fund Adopted Estimated Operating 136 $15,444,319 516,243,470 $16,811,991 $17,400,411 518,009,426 518,549,7085 Budget Here is an overview of the Stormwater Maintenance and Regulatory- CIP: Stormwater Maintenance and Regulatory - CIP • Supported via existing ERU Rate of 49.3C- Frozen until FY 28 • Consists of Regulatory and Operations CIP projects. FY 2022 Adopted CIP FY 22 FY23 FY24 FY25 FY26 FY27 Adopted Estimated Operations 29,539,795 17,371,313 17,042,198 17,342,198 20,582,239 20,882,239 Water Quality 9,361,762 9,361,762 9,361,762 9,361,762 9,361,762 9,361,762 ARPA 44,880,000 - - - - - Total $83,835,557 $26,733,075 526,403,960 $26,703,960 $29,944,001 $30,244,001 December 14, 2021 29 CITY MANAGER'S BRIEFINGS STORMWATER PROGRAM OVERVIEW& DISCUSSION ITEM#72315 (Continued) The next several slides provide an overview of Operations&Maintenance(O&M)Programs: O&M Maintenance Programs Stormwater Pipe Cleaning/Rehabilitation tiOlt • :. , Lake Dredging f,r r Canals&Ditches Pump Stations Beach Erosion and Hurricane Protection Street Sweeping BMP Maintenance,Inspections&Spills Mosquito Control x.: . ,, PROGRAM CYCLE GOALS Additional Program Current Current Cytk fleshed rumbas 95 yr 50 Yr 25 9, 20Yr 15yr 129, SOyr 8Yr 5y, 2yr funding/YR Cycle Required ter Desired Cycie Metre SY•Smn noroor lure ®- f Yr. $23 M �����■®®®� menta Canal Program 52.0M 25 yr. 25 yr 11/1111111111®1111®11111111111 Southern Canty $L39M N/A Syr. ��.�11.11111®11� Program BMP Maintenance ®S 20yr. w200K ingi ® immigning Enhanced Nehrhborhood $1.2 M a90 yr. ]5 yr. $75 M11111:1112111121.01$17.2 M BaMbWutlen Oteanhent FeeNNNs®® 2" . $35" 111111111111111.1.1.1-® MekMranw Pu 5t9r=: mp $1.25 M 15 n. 15 yr. aaa•�aa�a� Statlem lake Management $e.95 M 95 yr. 50 tt. $25 M o�aaaeeeee 5W MlnatruRun $5.75 M N/A N/A N/A vaaaaveeee RahablBMtbn CIP Total $22.66M Funding Need $12.95M December 14, 2021 30 CITY MANAGER'S BRIEFINGS STORMWATER PROGRAM OVERVIEW& DISCUSSION ITEM#72315 (Continued) II O&M CYCLE vs BACKLOG CYCLE: Planned Activities-Equating to Level of Service Programs Developed to Extend Asset Life Quantified as Time Needed to Rehab Each Asset In an Asset Inventory Re-establish Ditch Depths,Rehabilitate Neighborhoods,Dredge Lakes,etc. BACKLOG: Responsive Activities-Based Upon Existing Issues/Deficiencies Often Citizen Request or Storm Generated Quantified as Time Needed to Remediate Individual Requests Cave-ins,Blocked Ditches,Malfunctioning Pump Stations,Blocked Catch Basins,etc. I O&M Cycle - Pipe Cleaning BACKGROUND: r New Crew Funded 7/1/2021 ( 14 FTEs+5 Vacuum Trucks 1,100 Miles of Pipe=220 Miles per Year r' Clean Pipes on 5 Year Cycle&CCTV-15 years `' + .:.s 'y '`ram` !� Excludes Service Calls and Storm Prep/Response fig STATUS: ` -* ' --_ 8 FTEs Hired;Interviews Ongoing for 6 Remaining �,;. 5 Trucks Delivered;Some Warrantee Issues - - ''" :.. December 14, 2021 31 CITY MANAGER'S BRIEFINGS STORMWATER PROGRAM OVERVIEW& DISCUSSION ITEM#72315 (Continued) O&M Cycle - BMP Maintenance BACKGROUND: New Crew Funded 7/1/2021 7 FTEs+Equipment 1,600+City Maintained BMPs _Nies 744 City Owned 859 Privately Owned/City Maintained Current Cycle:Clean BMPs-25 Years N f Desired Cycle:Clean BMPs-20 Years •av ¢ STATUS: ' • All FTEs hired Equipment Ordered;Using Loaned t" r Equipment From Other Crews '' " " 1111 O&M - Southern Canal & Lead Ditch 14 • CIP:$2.39M (100390) t�^ £ y e. Yt + Current Cycle:N/A w N•+ 4 „'y 14, Goal Cycle:8 Year>TBD 1 Ongoing Site 15 Beggars Bridge Site 18 Beggars Bridge Creek Site 11 Beggars Bridge Lower Reach Head River/Old Carolina Nanney's Creek Scope Development for Lead Ditch/Drainage - Assessment. *` '�- December 14, 2021 32 CITY MANAGER'S BRIEFINGS STORMWATER PROGRAM OVERVIEW& DISCUSSION ITEM#72315 (Continued) O&M - Off Road Ditch System OR Road Ortch Ma,ntenance Program with Miles by Focal Yeat YEAR (ZONES) MILES CIP:$2.27M (100314) —n,. ,F„ 21 -FY IS IS MI 23 Operating:$6.7M —role Ic,N1 d' -FY1t IO.Li 2S Current Cycle:Clean/Clear-8 Year —�'" (•1 U -FY10 (A 10 Goal Cycle:Clean/Clear-8 Year ro2 0 6 O" 17 TOTAL 1 Current FY Zone H and Zone P 152 miles Off Road Ditch(ORD),550 miles Roadside Ditch O&M - Pipe System Neighborhood Rehabilitation CIP: $2M+ (100395) J i ' .T Current Cycle:>90 Year y,F 0. Goal:15 Year> r . Review maintenance records 40. ., 4 Locate&identify pipes;update GIS • e14„4, • 1 1 Clean&perform closed circuit television inspection —= * (CCTV) �. Coordinate with SW modeling for flood conhol {1 improvements ;t Review inspection and develop repair plan Perform repairs December 14, 2021 33 CITY MANAGER'S BRIEFINGS STORMWATER PROGRAM OVERVIEW& DISCUSSION ITEM#72315 (Continued) O&M Basin 1411 Camases%Read mad Gas.n Calle for Ranked Rel.bghedon flubs Evaluations Basin end Appteetinete Veer Cella Ml . . Cannin Finished IfeMb 03u ro ae Gree-b aim Cads w •• faro Rehab -•. Mona wage .76% ® e1% 201e 12 CIP Rehab Neighborhoods under °"gyp 2 P1ua -55% ® 39% CCTV/Design/Construction Green Pun 92% NMI 61% Fairfield Glenwood 100% ICE 90% Landstown Lakes 2016 Glenwood Green 100% 100% Windsor Woods(Phases I and II) 2016 Sandbridge Wen Y 20 6 Sao% S00% Birdneck Point °1ne'Rise32% 1131 13% 2016 Lynnhaven Colony kiwi.Oaloelantatba .106% -saD% 100% 2016 Great Neck Estates NUM alb Rarest ;6% © 63% 2016 Bay Colony Strawbridge 2016 71% NMI a% Lake Christopher gap Grant Brigadoon 2017 .100'' EM "% Meg 0Hollow ME 99% Bellamy Woods 2016 .100% Larkspur "aw©;n"e NM -100% 100% MIRA= -100% PM 9176 O&M - ARPA FUNDED NEIGHBORHOOD REHABILITATION 21 Neighborhoods,approx.60 Miles of Pipe Typical Pace 4-6 per Year Fox Fire Birdneck Point Three Oaks Lynnhaven Colony Southgate Great Neck Estates Hlllcrest Farms Bay Colony Birchwood Gardens Redwing Upton Estates Great Neck Meadows Seatack Pembroke Meadows Salem Villages Charlestowne Lake South Rock Creek Thalia Village Redmill Farm Thalia Manor Courthouse Estates December 14, 2021 34 CITY MANAGER'S BRIEFINGS STORMWATER PROGRAM OVERVIEW& DISCUSSION ITEM#72315 (Continued) Pri O&M — ARPA Funded Lake Dredging 19 17 Lakes Proposed in ARPA Package Typical Pace 5-7 per Year Bid Package#1 - pid Package#3 Sabre Street Extended#1 1, Chatham Hall Indian Lakes#2 r Salem Lakes#1 Green Meadows s Glenwood#1 Holly Lake Lynnhaven Mall#3 Chapel Lake Bid Package#2 Bid Package#4 Lagomar#3 Rolling Meadows#2 Lynnhaven Mall#1 Chandler Creek Road Charlestown Lakes#1 Kempsville Greens#2 Charlestown Lakes#3 _z►''horeli ne#1 The next several slides provide an overview of the Flood Protection Program: Flood Protection Program (Additional Capacity) C"� theRippleEffect PG i 4 A et, FL30C P:3TEf T,01 PROGRAM December 14, 2021 35 CITY MANAGER'S BRIEFINGS STORMWATER PROGRAM OVERVIEW&DISCUSSION ITEM#72315 (Continued) Stormwater Flood Protection Program - CIP Pro•ram/Pr•'eels Construction Start Date Central Resort District Program 24th Street Culvert TBD Central Resort District Drainage Improvements TBD 21'&Baltic Drainage Improvements TBD Chubb Lake/Lake Bradford Program Chubb Lake/Lake Bradford Pump Station and Outfall TBD Church Point/Thoroughgood BMP and Drainage Improvements TBD Lake Pleasure House Outfall April-22 Lake Bradford Dredging December-22 Eastern Shore Drive Program Elevate Lynnhaven Drive TBD Section 1 F Improvements TBD Section 1G Improvements TBD Poinciana Pump Station TBD Cape Henry Canal Phase I Drainage Improvements Construction Complete Cape Henry Canal Phase II-Gravity Sewer Relocation January-22 Cape Henry Canal Phase II-Widen&Deepen Cape Henry Canal February-23 Lynnhaven Colony Park Pump Station TBD Lynnhaven Drive Pump Station TBD Vista Circle Pump Station TBD Stormwater Flood Protection Program - CIP ...._ Pro•ram/Pro'ects Construction Start Date Princess Anne Plaza/The Lakes/Windsor Woods Pro•ram Gott Course Conversion-Section I January-23 Golf Course Conversion-Section II TBD North London Bridge Creek Tide Gate TBD North London Bridge Creek Pump Station TBD North London Bridge Creek Bafflers TBD South London Bridge Creek Channels and Gate TBD The Lakes Flood Bafflers TBD Holland Road Gate TBD Windsor Woods Flood Barriers TBD Windsor Woods Pump Station TBD Thalia Creek/Lake Trashmore Improvements TBD Windsor Woods Tide Gate March-22 Club House Road Drainage Improvement Under Construction South Plaza Trail/Presidential Blvd April-22 Old Fore Road/Red Lion Road TBD Stormwater Green Infrastructure Marsh Restoration in Back Bay June-23 Elizabeth River Wetland and Flood•lain Restoration TBD December 14, 2021 36 CITY MANAGER'S BRIEFINGS STORMWATER PROGRAM OVERVIEW& DISCUSSION ITEM#72315 (Continued) Stormwater Flood Protection Program - CIP Pro,ram/Pro eats Construction Start Date Other Ma'or Flood Protection Projects Pungo Ferry Road Improvements TBD Sandbridge/New Bridge Intersection Improvements TBD West Neck Creek Bridge TBD Miscellaneous Flood Protection Proects First Colonial Road and Oceans Boulevard Drainage Improvements TBD Seatack Neighborhood Drainage Improvements TBD Aragona Drainage Improvements Under Construction Ashville Park Drainage Improvements-Phase I Under Construction Country Club Circle/Pecan Grove Road March-23 Goodspeed Road July-22 Level Green Pond Dredging TBD Level Green Stormwater Pipe Rehabilitation January-22 Myrtle Avenue TBD North Lake Holly-Section IC TBD North Lake Holly-Section IIIB Morch-22 South Lake Holly-Section IIIB March-22 Stormwater Flood Protection 24 Program - CIP Program/Projects Construction Start Date On-Going Flood Protection Initiatives Neighborhood SW Infrastructure Improvements N/A Parcel Level Flood Mitigation Program N/A Princess Anne Plaza&The Lakes Program Technical Support N/A Sea Level Rise Recurring flooding Analysis N/A Stormwater Project Administration N/A SWM Master Planning,Analysis and Inventory N/A USACE Coastal Storm Risk Management Study N/A December 14, 2021 37 CITY MANAGER'S BRIEFINGS STORMWATER PROGRAM OVERVIEW&DISCUSSION ITEM#72315 (Continued) 11 Questions? ��,] theRippleEffect ..'RCN P,,is RAu Vice Mayor Wilson expressed her appreciation to Mr. Hansen for the presentation. December 14, 2021 38 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#72316 2:34 P.M. Council Member Henley requested the Body receive a briefing on the Kitty Hawk Wind Project as soon as possible in January 2022, to ensure the public understands the facts and implications of the project. December 14, 2021 39 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#72317 (Continued) Vice Mayor Wilson advised she and Council Member Jones met with the School Board leadership earlier today to discuss a Resolution they are planning on bringing forward concerning their budget. Vice Mayor Wilson believes it was a good discussion which included funding for school construction, adding she and Council Member Jones have been working on the School Modernization Committee efforts since 2000, and every year there are delays in school construction. Vice Mayor Wilson is hopeful since the discussion today, more funding will be allocated to support school construction. Council Member Jones advised it was a good meeting and the leadership was receptive to his comments and request for the School Board to be specific on how they plan to use CARES Act, ARPA and Reversion Funds. December 14, 2021 40 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#72318 (Continued) Council Member Wooten advised she attended the Parks and Recreation Commission meeting a couple of weeks ago where they discussed the need for an additional$3-Million to support the continuation of some programs and services they currently provide. Council Member Wooten expressed the importance of having this request at the forefront during the budget cycle. December 14, 2021 41 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#72319 (Continued) Council Member Berlucchi advised one of the discussions generated from the Conditional Use Permit application on Sentara Way, pertains to the extensive trail BMX Riders constructed on that property. Council Member Berlucchi advised he has met with the BMX Riders, who understand they do not have a legal right to the property and is working with them and City staff to find a location where a public BMX track can be established. Council Member Berlucchi advised BMX tracks are becoming more and more popular around the country and believes the BMX Community's culture is consistent with those in the City who enjoy surfing and skate parks. December 14, 2021 42 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#72320 (Continued) Council Member Henley concurred with Council Member Wooten, advising one of Parks and Recreations' services at risk is the childcare before and after school program, and is very important for parents who are in the workforce, to have affordable childcare. December 14, 2021 43 AGENDA REVIEW SESSION ITEM#72321 2:45 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: H. ORDINANCES/RESOLUTION 1. Ordinance to TRANSFER $7-Million of existing appropriations in Capital Project #100059, "Resort Parking District" to the Virginia Beach Development Authority re acquisition of two hundred(200)public parking spaces at 35`h Street 2. Ordinances to DESIGNATE as EXEMPT re Real and Personal Property Taxes: a. The Cole Academy Preschool,Inc. b. Mutts with a Mission c. Shakyamuni Buddhist Meditation Monastery d. Hampton Roads VegFest e. New Light Community Outreach f Wild Baby Raccoon Rescue g. Wave College,Inc. t/a Wave Leadership College h. Your Wellness,Inc. i. Discover Courage 3. Ordinances to AMEND: a. Section 18-5.2 of the City Code re business license fees and taxes and provide Revenue Offsets(Requested by Council Members Tower and Wooten) b. The Calendar Year 2022 Tax Levy on Personal Property and Machinery and Tools and set the tax rate re tangible personal property of a business that qualifies for the business license incentive program for new business and provide Revenue Offsets(Requested by Council Members Tower and Wooten) c. The Calendar Year 2022 Tax Levy on Personal Property and Machinery and Tools and set the tax rate re elderly and disabled persons and provide Revenue Offsets(Requested by Council Members Tower and Wooten) 4. Resolution REGARDING Membership of the May 3Ft Memorial Committee (Requested by Council Members Berlucchi and Wooten) 5. Ordinances to AUTHORIZE temporary encroachments into a portion of City-Owned: a. Property known as West Canal located at the rear of 2309 Broad Bay Road re maintain two(2)existing boat lifts,a wooden bulkhead,and to construct and maintain a proposed wooden dock,and vinyl bulkhead b. Unimproved sections of City rights-of-way known as Fort Raleigh Drive, Christine Drive, and Coastal Drive for Croatan Civic League,Inc re construct a wooden pedestrian bridge December 14, 2021 44 AGENDA REVIEW SESSION ITEM#72321 (Continued) 6. Ordinance to ESTABLISH Capital Project#100609, "Regional BMPs,"in the FY2021-22 Capital Improvement Program and TRANSFER $9-Million to Project #100609, and AUTHORIZE the City Manager to EXECUTE the necessary documents 7. Ordinance to APPROPRIATE$380,000 from Net Assets of the Water and Sewer Enterprise Fund re purchase a replacement sewer cleaner 8. Ordinances to ACCEPT and APPROPRIATE: a. $32,107from the Commonwealth of Virginia to the FY2021-22 Virginia Beach Public Library Operating Budget and AUTHORIZE the City Manager to EXECUTE a Memorandum of Agreement(MOA)re furniture replacement at the Meyera E. Oberndorf Central Library and the Bayside Area Special Services Library b. $4,021,136.25 from the American Rescue Plan Act(ARPA), Coronavirus State and Local Fiscal Recovery Funds, Municipal Utility Assistance Program to the Department of Public Utilities Operating Budget re provide utility relief assistance for delinquent residential customers c. $4,486,715 in Federal Funding from the Shuttered Venue Operators Grant, ESTABLISH Capital Project#100608, "Virginia Aquarium Animal Holding Facility Improvements," and APPROPRIATE funding for Project #100608 and the Department of the Virginia Aquarium FY2021-22 Capital Improvement Program H. ORDINANCES/RESOLUTION: ITEM#3a WILL BE CONSIDERED SEPARATELY ITEM#3b WILL BE CONSIDERED SEPARATELY ITEM#3c WILL BE CONSIDERED SEPARATELY VICE MAYOR WILSON FILED A DISCLOSURE FOR ITEM#6 December 14, 2021 45 AGENDA REVIEW SESSION ITEM#72321 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: I. PLANNING 1. ATLANTIC DEVELOPMENT ASSOCIATES, LLC for a Variance to Section 4.4(b) of the Subdivision Regulations re subdivide two (2) lots to create a total of three (3) lots at 2744 Ansol Lane& 153 Bassett Avenue DISTRICT 6—BEACH 2. JAMES B. RICHARDS, JR. & LINDA CHAMPION-RICHARDS for a Street Closure re 375 square feet of an unimproved ally adjacent to the rear of 733 Vanderbilt Avenue DISTRICT 6— BEACH 3. MICHAEL I. ASHE & MITZI S. ASHE, CO-TRUSTEES OF THE ASHE REVOCABLE TRUST for a Street Closure re 375 square feet of an unimproved alley adjacent to the rear of 729 Vanderbilt Avenue DISTRICT 6—BEACH 4. VB HOLDINGS,LLC for a Modification of Conditions re senior housing at 608 Dam Neck Road DISTRICT 7—PRINCESS ANNE(Approved by City Council December 2001) 5. ATLANTIC DEVELOPMENT ASSOCIATES, LLC / MARTHA FISHER HUERTA / VB HOLDINGS,LLC,for a Conditional Change of Zoning from AG-1 &AG-2 Agricultural&R-10 Residential to Conditional A-12 Apartment District re develop a ninety-two (92) Unit condominium community at 580& 608 Dam Neck Road DISTRICT 7—PRINCESS ANNE 6. HOLLAND LAKES ASSOCIATES, LC for a Conditional Use Permit re mini warehouse/self: storage facility at 3478 Holland Road DISTRICT 3—ROSE HALL 7. MUTTS WITHA MISSION for a Conditional Use Permit re commercial kennel at 2700 Shirley Landing Drive DISTRICT 7—PRINCESS ANNE I. PLANNING: ITEM#4 WILL BE CONSIDERED SEPARATELY ITEM#5 WILL BE CONSIDERED SEPARATELY ITEM#7 WILL BE CONSIDERED SEPARATELY December 14, 2021 46 ITEM#72322 Vice Mayor Wilson 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: PUBLICLY-HELD PROPERTY: Discussion or consideration of the, acquisition of real property for public purpose; or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). • Beach District • Beach District • Beach District 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 December 14, 2021 47 ITEM#72322 (Continued) Upon motion by Council Member Branch, seconded by Council Member Jones, City Council voted to proceed into CLOSED SESSION at 3:07 P.M. Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer-Ill John D. Moss Break 3:07 P.M. — 3:20 P.M. Closed Session 3:20 P.M. — 3:54 P.M. Dinner Break 3:54 P.M. — 4:02 P.M. Closed Session 4:02 P.M. — 5:36 P.M. December 14, 2021 48 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL DECEMBER 14, 2021 6:00 P.M. Vice Mayor Wilson called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in City Council Chamber, City Hall, on Tuesday, December 14, 2021, at 6:00 P.M. Council Members Present: Michael F. Berlucchi, Linwood O. Branch, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer-Ill John D. Moss INVOCATION: Reverend Clint Mitchell Pastor, Grace Covenant Presbyterian PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor 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 34th 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. Vice Mayor Wilson regularly makes this disclosure. Her letter of February 20, 2018 is hereby made part of the record. December 14, 2021 49 Vice Mayor 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 identify 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. Vice Mayor Wilson's letter of June 2, 2015 is hereby made a part of the record. December 14, 2021 50 ITEM— V.E CERTIFICATION ITEM#72323 Upon motion by Council Member Jones, seconded by Council Member Tower, 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: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer-Ill John D. Moss December 14, 2021 4 n • >. U \.: `- • S OF OUR N0 04 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#72322 on Page 47 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. Am a arnes, M City Clerk December 14, 2021 51 ITEM— V.F MINUTES ITEM#72224 The Minutes of the Informal and Formal Sessions of December 7, 2021, were rescheduled. December 14, 2021 52 ITEM— V G FORMAL SESSION AGENDA ITEM#72325 Vice Mayor Wilson 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 the following speaker: Barbara Messner, P. O. Box 514, spoke in OPPOSITION on Ordinances/Resolution H: 1, 2a-i, 4, 5a/b, 6, 7 and 8a/b/c and Planning Items I: 1, 2, 3 and 6 Upon motion by Council Member Jones,seconded by Council Member Branch, City Council APPROVED, BY CONSENT,Agenda Items Ordinances/Resolution H: 1, 2a-i, 4, 5a/b, 6, 7 and 8a/b/c and Planning Items I:1,2, 3 and 6 Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer-Ill John D. Moss H. ORDINANCES/RESOLUTION: ITEM#3a WILL BE CONSIDERED SEPARATELY ITEM#3b WILL BE CONSIDERED SEPARATELY ITEM#3c WILL BE CONSIDERED SEPARATELY VICE MAYOR WILSON FILED A DISCLOSURE FOR ITEM#6 L PLANNING: ITEM#4 WILL BE CONSIDERED SEPARATELY ITEM#5 WILL BE CONSIDERED SEPARATELY ITEM#7 WILL BE CONSIDERED SEPARATELY December 14, 2021 53 ITEM— V.H.1 ORDINANCES/RESOLUTION ITEM#72326 Upon motion by Council Member Jones, seconded by Council Member Branch, City Council ADOPTED, BY CONSENT, Ordinance to TRANSFER $7-Million of existing appropriations in Capital Project #100059, "Resort Parking District" to the Virginia Beach Development Authority re acquisition of two hundred(200)public parking spaces at 35`J'Street Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer-Ill John D. Moss December 14, 2021 1 ORDINANCE TO PROVIDE $7,000,000 OF EXISTING 2 APPROPRIATIONS IN CAPITAL PROJECT (#100059) 3 "RESORT PARKING DISTRICT" TO THE CITY OF 4 VIRGINIA BEACH DEVELOPMENT AUTHORITY FOR 5 ACQUISITION OF A STRUCTURED PARKING FACILITY 6 AT 35TH STREET 7 8 WHEREAS, providing additional public parking to the Virginia Beach Oceanfront 9 has been a long-term priority of the City Council; 10 11 WHEREAS, towards that end, City Council established Capital Project #100059, 12 "Resort Parking District" (PG100059); 13 14 WHEREAS, Suburban Capital Inc. (the "Developer") or an affiliated entity is 15 developing a Hyatt Place Hotel at 3601 Atlantic Avenue (the "Hotel") on the site of the 16 former Belvedere Hotel; 17 18 WHEREAS, to satisfy the parking requirement for the Hotel, the Developer 19 intended to construct a parking facility (the "Garage") containing approximately one 20 hundred forty (140) private parking spaces on the existing surface parking lot at 205 35th 21 Street; 22 23 WHEREAS, on behalf of the City of Virginia Beach (the "City") and the City of 24 Virginia Beach Development Authority (the "Authority"), the City Manager and City staff 25 have engaged in negotiations with representatives of the Developer to expand the 26 Garage to include two hundred (200) public parking spaces; 27 28 WHEREAS, to fund the cost of the public portion of the Garage, City Council 29 proposes to authorize use of $7,000,000 from Capital Project #100059 "Resort Parking 30 District" by the Authority; 31 32 WHEREAS, the Authority would enter into an agreement with the Developer for 33 the acquisition of the 200 public parking spaces and the operation of the entire Garage; 34 35 WHEREAS, the Summary of Terms setting forth the conditions of the City's 36 transfer of funds to the Authority are set forth on Exhibit A, attached hereto and made a 37 part hereof; and 38 39 WHEREAS, City Council is of the opinion that additional public parking at the 40 oceanfront is in furtherance of the public interest. 41 42 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 43 VIRGINIA BEACH, VIRGINIA: 44 45 1. The City Council hereby authorizes the provision of $7,000,000 of existing 46 appropriations within Capital Project #100059 to the City of Virginia Beach Development 4 47 Authority for the purchase of 200 parking spaces in the proposed Garage. Should any 48 such amounts not be required for such Garage, the City Council directs the City of 49 Virginia Beach Development Authority to return such funds to the City for the purposes 50 of Capital Project#100059. 51 52 2. The City Council requests and recommends that the Authority adopt a 53 resolution consistent with this Ordinance accepting the $7,000,000 and entering into an 54 agreement with the Developer for the acquisition of the public parking spaces and 55 operation of the Garage as set forth on the Summary of Terms, attached hereto as 56 Exhibit A, and made a part hereof. 57 58 Adopted by the Council of the City of Virginia Beach, Virginia, on the 14 t h day 59 of_December , 2021. APPROVED AS TO CONTENT: APPROVED AS TO LE L .. / SUFFICIENCY: 1 l-,,,4(1--- --) Economic evelopment City Attorney CA 15425 4\vbgov.corn 1DFS 1lApphcafpns1CrtytawProdkycom321 Wpdocs1D0071Po27003$3656.doc R-1 December 6, 2021 EXHIBIT A SUMMARY OF TERMS (35th Street Parking Garage) 1. Scope of Proposed Project • Developer: Suburban Capital, Inc. (or an affiliated entity) • Public Entity: The City of Virginia Beach Development Authority ("Authority") • Developer acquired property located at 205 35th Street in 2017 for$3,500,000. • Developer to construct a six-level, 354+/- space parking structure at 205 35th Street(block between Atlantic and Pacific Avenues) • Garage to support a new 140-room Hyatt Place at 3601 Atlantic Avenue • Garage to consist of 154 privately owned spaces for hotel guests and employees (140 spaces are required under OR zoning) and 200 publicly owned spaces • Garage to be a two-unit condominium with one unit(200 spaces) owned by Authority and the other(154 spaces) will be privately owned • Cross access easement to be established allowing open parking throughout the garage. • Two additional condominium units on the first floor with the Authority owning an approximately 2,200 sq. ft. unit to be conditioned and lit (the"Parking Office Unit") and the Developer retaining the other of approximately 4,600 sq. ft. to initially be a cold dark shell until a user is identified. 2. Developer Obligations • Developer would construct the entire project (hotel and garage) • Estimated private investment: $17,000,000 for hotel and $5,200,000 for garage 3. Authority Obligations • Pay actual costs up to $33,800 per parking space($6,760,000 total if 200 spaces) o $23,900 per space for design and construction o $9,900 per space for share of land cost • Authority to make monthly payments of actual costs during development • Operate entire garage as part of parking system • The cost of the Parking Office Unit is included in the $33,800 per public space cost. 4. Garage Operations • Spaces would not delineate between private and public (open to all) • Technology used to insure adequate parking for the hotel's private use at all times • Operations and maintenance(0 &M) split proportionately based on ownership (56-43% +/-)plus a $75 per space annual contribution for capital maintenance and reserve. Private O&M costs capped at $108,000 • Garage managed to standard of other public Oceanfront garages and managed to budget based on above private cap 54 ITEM— V.H.2a ORDINANCES/RESOLUTION ITEM#72327 Upon motion by Council Member Jones,seconded by Council Member Branch, City Council ADOPTED, BY CONSENT, Ordinance to DESIGNATE as EXEMPT re Real and Personal Property Taxes: a. The Cole Academy Preschool,Inc. Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer-Ill John D. Moss December 14, 2021 1 AN ORDINANCE TO DESIGNATE THE COLE ACADEMY 2 PRESCHOOL, INC. AS BEING EXEMPT FROM LOCAL 3 PROPERTY TAXATION 4 5 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia,the City Council has 6 advertised and conducted a public hearing on the issue of granting an exemption from local 7 real and personal property taxes to The Cole Academy Preschool, Inc.; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates The Cole 13 Academy Preschool, Inc. a charitable organization within the context of§ 6(a)(6)of Article X of 14 the Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That real and personal property owned by The Cole Academy Preschool, Inc. 17 located within the City of Virginia Beach that is used exclusively for charitable purposes on a 18 nonprofit basis is hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by The Cole Academy Preschool, Inc. for 23 exclusively charitable purposes; 24 25 (b) that each July 1, The Cole Academy Preschool, Inc. shall file with the 26 Commissioner of the Revenue a copy of its most recent federal income tax 27 return, or if no such return is required, it shall certify its continuing tax exempt 28 status to the Commissioner of the Revenue; 29 30 (c) that every three years, beginning on January 1 , 2025, The Cole Academy 31 Preschool, Inc. shall file an exemption application with the Commissioner of the 32 Revenue as a requirement for retention of the exempt status of the property;and 33 34 (d)that The Cole Academy Preschool, Inc. cooperate fully with the Commissioner of 35 the Revenue with respect to audit of its financial records and compliance with 36 the terms of this ordinance. 37 38 4. That the effective date of this exemption shall be January 1 , 2022. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day of December 2021. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: I Com is i• -r . -'enu- i y Att ey's Office CA15638/R-2/December 8, 2021 55 ITEM— V.H.2b ORDINANCES/RESOLUTION ITEM#72328 Upon motion by Council Member Jones,seconded by Council Member Branch, City Council ADOPTED, BY CONSENT, Ordinance to DESIGNATE as EXEMPT re Real and Personal Property Taxes: b. Mutts with a Mission Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer-Ill John D. Moss December 14, 2021 1 AN ORDINANCE TO DESIGNATE MUTTS WITH A 2 MISSION AS BEING EXEMPT FROM LOCAL PROPERTY 3 TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia,the City Council has 6 advertised and conducted a public hearing on the issue of granting an exemption from local 7 real and personal property taxes to Mutts with a Mission; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Mutts with 13 a Mission a charitable organization within the context of§ 6(a)(6)of Article X of the Constitution 14 of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That real and personal property owned by Mutts with a Mission located within the 17 City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is 18 hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Mutts with a Mission for exclusively charitable 23 purposes; 24 25 (b) that each July 1, Mutts with a Mission shall file with the Commissioner of the 26 Revenue a copy of its most recent federal income tax return, or if no such return 27 is required, it shall certify its continuing tax exempt status to the Commissioner 28 of the Revenue; 29 30 (c) that every three years, beginning on January 1 , 2025, Mutts with a Mission shall 31 file an exemption application with the Commissioner of the Revenue as a 32 requirement for retention of the exempt status of the property; and 33 34 (d)that Mutts with a Mission cooperate fully with the Commissioner of the Revenue 35 with respect to audit of its financial records and compliance with the terms of this 36 ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2022. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day of December , 2021 . Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO ONTpT: APPROVED AS TO LEGAL A SJFFI NCY: Commissioner intevenue ity ney's Office CA15639/R-1/November 19, 2021 56 ITEM— V.H.2c ORDINANCES/RESOLUTION ITEM#72329 Upon motion by Council Member Jones,seconded by Council Member Branch, City Council ADOPTED, BY CONSENT, Ordinance to DESIGNATE as EXEMPT re Real and Personal Property Taxes: c. Shakyamuni Buddhist Meditation Monastery Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Mayor Robert M.Dyer-Ill John D.Moss December 14, 2021 1 AN ORDINANCE TO DESIGNATE SHAKYAMUNI 2 BUDDHIST MEDITATION MONASTERY AS BEING 3 EXEMPT FROM LOCAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia,the City Council has 6 advertised and conducted a public hearing on the issue of granting an exemption from local 7 real and personal property taxes to Shakyamuni Buddhist Meditation Monastery; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates 13 Shakyamuni Buddhist Meditation Monastery a charitable organization within the context of § 14 6(a)(6) of Article X of the Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That real and personal property owned by Shakyamuni Buddhist Meditation 17 Monastery located within the City of Virginia Beach that is used exclusively for charitable 18 purposes on a nonprofit basis is hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Shakyamuni Buddhist Meditation Monastery for 23 exclusively charitable purposes; 24 25 (b) that each July 1, Shakyamuni Buddhist Meditation Monastery shall file with the 26 Commissioner of the Revenue a copy of its most recent federal income tax 27 return, or if no such return is required, it shall certify its continuing tax exempt 28 status to the Commissioner of the Revenue; 29 30 (c) that every three years, beginning on January 1 , 2025, Shakyamuni Buddhist 31 Meditation Monastery shall file an exemption application with the Commissioner 32 of the Revenue as a requirement for retention of the exempt status of the 33 property; and 34 35 (d) that Shakyamuni Buddhist Meditation Monastery cooperate fully with the 36 Commissioner of the Revenue with respect to audit of its financial records and 37 compliance with the terms of this ordinance. 38 39 4. That the effective date of this exemption shall be January 1 , 2022. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day of December , 2021. Requires an affirmative vote of three-fourths of the members of the City Council. APPVEDASTO ANTE T: APPROVED AS TO LEGAL FIC NCY. Commissioner . the - -venue ttor y's Office CA15640/R-1/Novem.- 9, 2021 57 ITEM— V.H.2d ORDINANCES/RESOLUTION ITEM#72330 Upon motion by Council Member Jones,seconded by Council Member Branch, City Council ADOPTED, BY CONSENT, Ordinance to DESIGNATE as EXEMPT re Real and Personal Property Taxes: d. Hampton Roads VegFest Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer-Ill John D. Moss December 14, 2021 1 AN ORDINANCE TO DESIGNATE HAMPTON ROADS 2 VEGFEST AS BEING EXEMPT FROM LOCAL PROPERTY 3 TAXATION 4 5 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia,the City Council has 6 advertised and conducted a public hearing on the issue of granting an exemption from local 7 real and personal property taxes to Hampton Roads VegFest; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach,Virginia, hereby designates Hampton 13 Roads VegFest a charitable organization within the context of § 6(a)(6) of Article X of the 14 Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That real and personal property owned by Hampton Roads VegFest located within 17 the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is 18 hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Hampton Roads VegFest for exclusively 23 charitable purposes; 24 25 (b)that each July 1, Hampton Roads VegFest shall file with the Commissioner of the 26 Revenue a copy of its most recent federal income tax return, or if no such return 27 is required, it shall certify its continuing tax exempt status to the Commissioner 28 of the Revenue; 29 30 (c) that every three years, beginning on January 1, 2025, Hampton Roads VegFest 31 shall file an exemption application with the Commissioner of the Revenue as a 32 requirement for retention of the exempt status of the property; and 33 34 (d) that Hampton Roads VegFest cooperate fully with the Commissioner of the 35 Revenue with respect to audit of its financial records and compliance with the 36 terms of this ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2022. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day of December , 2021. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS T CONTE APPROVED AS TO LEGAL ii,t, SUF Y: Commission o th Revenue i n s ffice CA15641/R-1/November 19, 2021 58 ITEM— V.H.2e ORDINANCES/RESOLUTION ITEM#72331 Upon motion by Council Member Jones,seconded by Council Member Branch, City Council ADOPTED, BY CONSENT, Ordinance to DESIGNATE as EXEMPT re Real and Personal Property Taxes: e. New Light Community Outreach Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer-Ill John D. Moss December 14, 2021 1 AN ORDINANCE TO DESIGNATE NEW LIGHT 2 COMMUNITY OUTREACH AS BEING EXEMPT FROM 3 LOCAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia,the City Council has 6 advertised and conducted a public hearing on the issue of granting an exemption from local 7 real and personal property taxes to New Light Community Outreach; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach,Virginia, hereby designates New Light 13 Community Outreach a charitable organization within the context of§6(a)(6)of Article X of the 14 Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That real and personal property owned by New Light Community Outreach located 17 within the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit 18 basis is hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by New Light Community Outreach for exclusively 23 charitable purposes; 24 25 (b) that each July 1, New Light Community Outreach shall file with the 26 Commissioner of the Revenue a copy of its most recent federal income tax 27 return, or if no such return is required, it shall certify its continuing tax exempt 28 status to the Commissioner of the Revenue; 29 30 (c) that every three years, beginning on January 1, 2025, New Light Community 31 Outreach shall file an exemption application with the Commissioner of the 32 Revenue as a requirement for retention of the exempt status of the property;and 33 34 (d) that New Light Community Outreach cooperate fully with the Commissioner of 35 the Revenue with respect to audit of its financial records and compliance with 36 the terms of this ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2022. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day of December , 2021. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTE T: APPROVED AS TO LEGAL SUF Y: ommissio er of he Revenue orne ' ice `e. CA15642/R-1/November 19, 2021 59 ITEM— VH.2f ORDINANCES/RESOLUTION ITEM#72332 Upon motion by Council Member Jones,seconded by Council Member Branch, City Council ADOPTED, BY CONSENT, Ordinance to DESIGNATE as EXEMPT re Real and Personal Property Taxes: f Wild Baby Raccoon Rescue Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer-Ill John D. Moss December 14, 2021 1 AN ORDINANCE TO DESIGNATE WILD BABY RACCOON 2 RESCUE AS BEING EXEMPT FROM LOCAL PROPERTY 3 TAXATION 4 5 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia,the City Council has 6 advertised and conducted a public hearing on the issue of granting an exemption from local 7 real and personal property taxes to Wild Baby Raccoon Rescue; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach,Virginia, hereby designates Wild Baby 13 Raccoon Rescue a charitable organization within the context of § 6(a)(6) of Article X of the 14 Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That real and personal property owned by Wild Baby Raccoon Rescue located within 17 the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is 18 hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Wild Baby Raccoon Rescue for exclusively 23 charitable purposes; 24 25 (b) that each July 1, Wild Baby Raccoon Rescue shall file with the Commissioner of 26 the Revenue a copy of its most recent federal income tax return, or if no such 27 return is required, it shall certify its continuing tax-exempt status to the 28 Commissioner of the Revenue; 29 30 (c) that every three years, beginning on January 1, 2025, Wild Baby Raccoon 31 Rescue shall file an exemption application with the Commissioner of the 32 Revenue as a requirement for retention of the exempt status of the property;and 33 34 (d) that Wild Baby Raccoon Rescue cooperate fully with the Commissioner of the 35 Revenue with respect to audit of its financial records and compliance with the 36 terms of this ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2022. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day of December , 2021. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFF CY: ommissi r f the Revenue or y's Office CA15643/R-1/November 19, 2021 60 ITEM— V.H.2g ORDINANCES/RESOLUTION ITEM#72333 Upon motion by Council Member Jones,seconded by Council Member Branch, City Council ADOPTED, BY CONSENT, Ordinance to DESIGNATE as EXEMPT re Real and Personal Property Taxes: g. Wave College,Inc. t/a Wave Leadership College Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer-Ill John D. Moss December 14, 2021 1 AN ORDINANCE TO DESIGNATE WAVE COLLEGE, INC. 2 AS BEING EXEMPT FROM LOCAL PROPERTY TAXATION 3 4 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia,the City Council has 5 advertised and conducted a public hearing on the issue of granting an exemption from local 6 real and personal property taxes to Wave College, Inc.; 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Wave 12 College, Inc. a charitable organization within the context of § 6(a)(6) of Article X of the 13 Constitution of Virginia and §58.1-3651 of the Code of Virginia. 14 15 2. That real and personal property owned by Wave College, Inc. located within the City 16 of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby 17 exempt from local property taxation. 18 19 3. This exemption is contingent on the following: 20 21 (a) continued use of the property by Wave College, Inc. for exclusively charitable 22 purposes; 23 24 (b)that each July 1, Wave College, Inc. shall file with the Commissioner of the 25 Revenue a copy of its most recent federal income tax return, or if no such return 26 is required, it shall certify its continuing tax exempt status to the Commissioner 27 of the Revenue; 28 29 (c) that every three years, beginning on January 1, 2025, Wave College, Inc. shall 30 file an exemption application with the Commissioner of the Revenue as a 31 requirement for retention of the exempt status of the property; and 32 33 (d) that Wave College, Inc. cooperate fully with the Commissioner of the Revenue 34 with respect to audit of its financial records and compliance with the terms of this 35 ordinance. 36 37 4. That the effective date of this exemption shall be January 1, 2022. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day of December 2021. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL CY: Commission r olipRevenue i orn 's ffice CA15644/R-1/November 19, 2021 61 ITEM— V.H.2h ORDINANCES/RESOLUTION ITEM#72334 Upon motion by Council Member Jones,seconded by Council Member Branch, City Council ADOPTED, BY CONSENT, Ordinance to DESIGNATE as EXEMPT re Real and Personal Property Taxes: h. Your Wellness,Inc. Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer-Ill John D. Moss December 14, 2021 1 AN ORDINANCE TO DESIGNATE YOUR WELLNESS, INC. 2 AS BEING EXEMPT FROM LOCAL PROPERTY TAXATION 3 4 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia,the City Council has 5 advertised and conducted a public hearing on the issue of granting an exemption from local 6 real and personal property taxes to Your Wellness, Inc.; 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Your 12 Wellness, Inc. a charitable organization within the context of § 6(a)(6) of Article X of the 13 Constitution of Virginia and §58.1-3651 of the Code of Virginia. 14 15 2. That real and personal property owned by Your Wellness, Inc. located within the City 16 of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby 17 exempt from local property taxation. 18 19 3. This exemption is contingent on the following: 20 21 (a) continued use of the property by Your Wellness, Inc. for exclusively charitable 22 purposes; 23 24 (b) that each July 1, Your Wellness, Inc. shall file with the Commissioner of the 25 Revenue a copy of its most recent federal income tax return, or if no such return 26 is required, it shall certify its continuing tax exempt status to the Commissioner 27 of the Revenue; 28 29 (c) that every three years, beginning on January 1, 2025, Your Wellness, Inc. shall 30 file an exemption application with the Commissioner of the Revenue as a 31 requirement for retention of the exempt status of the property; and 32 33 (d)that Your Wellness, Inc. cooperate fully with the Commissioner of the Revenue 34 with respect to audit of its financial records and compliance with the terms of this 35 ordinance. 36 37 4. That the effective date of this exemption shall be January 1, 2022. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day of December , 2021. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SU NCY: Commission r f t e Revenue • or y's Office CA15645/R-1/November 19, 2021 62 ITEM— V.H.2i ORDINANCES/RESOLUTION ITEM#72335 Upon motion by Council Member Jones,seconded by Council Member Branch, City Council ADOPTED, BY CONSENT, Ordinance to DESIGNATE as EXEMPT re Real and Personal Property Taxes: i. Discover Courage Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer-Ill John D. Moss December 14, 2021 1 AN ORDINANCE TO DESIGNATE DISCOVER COURAGE 2 AS BEING EXEMPT FROM LOCAL PROPERTY TAXATION 3 4 WHEREAS, in accordance with §58.1-3651 of the Code of Virginia,the City Council has 5 advertised and conducted a public hearing on the issue of granting an exemption from local 6 real and personal property taxes to Discover Courage; 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Discover 12 Courage a charitable organization within the context of§6(a)(6)of Article X of the Constitution 13 of Virginia and §58.1-3651 of the Code of Virginia. 14 15 2. That real and personal property owned by Discover Courage located within the City 16 of Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby 17 exempt from local property taxation. 18 19 3. This exemption is contingent on the following: 20 21 (a) continued use of the property by Discover Courage for exclusively charitable 22 purposes; 23 24 (b)that each July 1, Discover Courage shall file with the Commissioner of the 25 Revenue a copy of its most recent federal income tax return,or if no such return 26 is required, it shall certify its continuing tax exempt status to the Commissioner 27 of the Revenue; 28 29 (c) that every three years, beginning on January 1, 2025, Discover Courage shall 30 file an exemption application with the Commissioner of the Revenue as a 31 requirement for retention of the exempt status of the property; and 32 33 (d) that Discover Courage cooperate fully with the Commissioner of the Revenue 34 with respect to audit of its financial records and compliance with the terms of this 35 ordinance. 36 37 4. That the effective date of this exemption shall be January 1, 2022. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day of December , 2021. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS T CONTENT: APPROVED AS TO LEGAL SUF NCY: Commissione f th Revenue i ' Office CA15646/R-1/November 19, 2021 63 ITEM— V.H.3a ORDINANCES/RESOLUTION ITEM#72336 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Dianna Howard, 1057 Debaca Court, Phone: 567-9021, spoke in SUPPORT After City Council discussion, Council Member Tower made a motion,seconded by Council Member Rouse, to ADOPT Ordinance to AMEND: a. Section 18-5.2 of the City Code re business license fees and taxes and provide Revenue Offsets(Requested by Council Members Tower and Wooten) Council Member Branch then made a SUBSTITUTE MOTION, seconded by Council Member Henley, to DEFER TO MAY 10, 2022, Ordinance to AMEND: a. Section 18-5.2 of the City Code re business license fees and taxes and provide Revenue Offsets(Requested by Council Members Tower and Wooten) Voting: 6-3 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones and Vice Mayor Rosemary Wilson Council Members Voting Nay: Aaron R. Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer-Ill John D. Moss December 14, 2021 64 ITEM— V.H.3a ORDINANCES/RESOLUTION ITEM#72336 (Continued) Upon motion by Council Member Branch, seconded by Council Member Henley, City Council DEFERRED TO MAY 10, 2022, Ordinance to AMEND: a. Section 18-5.2 of the City Code re business license fees and taxes and provide Revenue Offsets (Requested by Council Members Tower and Wooten) Voting: 6-3 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones and Vice Mayor Rosemary Wilson Council Members Voting Nay: Aaron R. Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer-Ill John D. Moss December 14, 2021 65 ITEM— V.H.3b ORDINANCES/RESOLUTION ITEM#72337 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Council Member Branch, seconded by Council Member Henley, City Council DEFERRED TO MAY 10,2022, Ordinance to AMEND: b. The Calendar Year 2022 Tax Levy on Personal Property and Machinery and Tools and set the tax rate re tangible personal property of a business that qualifies for the business license incentive program for new business and provide Revenue Offsets (Requested by Council Members Tower and Wooten) Voting: 6-3 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones and Vice Mayor Rosemary Wilson Council Members Voting Nay: Aaron R. Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer-Ill John D. Moss December 14, 2021 66 ITEM— V.H.3c ORDINANCES/RESOLUTION ITEM#72338 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Council Member Branch, seconded by Council Member Henley, City Council DEFERRED TO MAY 10,2022, Ordinance to AMEND: c. The Calendar Year 2022 Tax Levy on Personal Property and Machinery and Tools and set the tax rate re elderly and disabled persons and provide Revenue Offsets (Requested by Council Members Tower and Wooten) Voting: 6-3 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones and Vice Mayor Rosemary Wilson Council Members Voting Nay: Aaron R. Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer-Ill John D. Moss December 14, 2021 67 ITEM— V.H.4 ORDINANCES/RESOLUTION ITEM#72339 Upon motion by Council Member Jones, seconded by Council Member Branch, City Council ADOPTED, BY CONSENT, Resolution REGARDING Membership of the May 31'Memorial Committee (Requested by Council Members Berlucchi and Wooten) Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer-Ill John D. Moss December 14, 2021 REQUESTED BY COUNCILMEMBERS BERLUCCHI AND WOOTEN 1 A RESOLUTION REGARDING THE MEMBERSHIP OF THE 2 5/31 MEMORIAL COMMITTEE 3 4 WHEREAS, in December 2020, the City Council approved a resolution to establish 5 the 5/31 Memorial Committee ("Committee") to guide the 5/31 memorial planning 6 process; 7 8 WHEREAS, in October 2021 , the City Council approved a resolution that, among 9 other things, (1) notes that Kearns & West is the consulting firm that serves as the family 10 and survivor liaison; and (2) provides that the membership of the Committee shall consist 11 of ten to twelve members and include two City Council members and the family and 12 survivor liaison as voting members; and 13 14 WHEREAS, the City Council desires to alter the Committee membership to 15 designate the two Council members as nonvoting liaisons and designate the family and 16 survivor liaison as an ex officio, nonvoting member, which will enable the City Council to 17 appoint more citizens to the Committee. 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 20 OF VIRGINIA BEACH, VIRGINIA: 21 22 That the membership of the Committee shall consist of between ten and twelve 23 voting members appointed by the City Council. The Committee shall consist of the 24 following: at least two design professionals having expertise in the fields of architecture 25 or landscape architecture; at least one mental health professional; three members of the 26 general public, including at least two directly affected by the 5/31 tragedy; a 27 representative from the Historical Preservation Commission; and a family and survivor 28 liaison; provided, however, that the family and survivor liaison shall be an ex officio, 29 nonvoting member. In addition, two members of the City Council shall serve as nonvoting 30 Council liaisons to the Committee. Adopted by the City Council of the City of Virginia Beach, Virginia on the 1 G r h day December , 2021. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA15658 R-1 December 7, 2021 68 ITEM— V H.5a ORDINANCES/RESOLUTION ITEM#72340 Upon motion by Council Member Jones, seconded by Council Member Branch, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned: a. Property known as West Canal located at the rear of 2309 Broad Bay Road re maintain two(2)existing boat lifts,a wooden bulkhead,and to construct and maintain a proposed wooden dock, and vinyl bulkhead Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer-Ill John D. Moss December 14, 2021 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF CITY-OWNED 6 PROPERTY KNOWN AS WEST CANAL, 7 LOCATED AT THE REAR OF 2309 8 BROAD BAY ROAD 9 10 WHEREAS, John P. Dunn and Kimberly B. Dunn (f/k/a Kimberly A. Brown) 11 (the "Dunns") desire to maintain two (2) existing boat lifts (each approximately 19.93' x 12 13.16') and a 125.41' wooden bulkhead, and to construct and maintain a proposed 7' x 13 65.77' wooden dock and 123' vinyl bulkhead within a portion of the City property known as 14 West Canal adjacent to the rear of their property located at 2309 Broad Bay Road (the 15 "Temporary Encroachments"); 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 OF 22 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 Dunns, their heirs, assigns 26 and successors in title are authorized to maintain the Temporary Encroachments in the 27 City's property known as West Canal as shown on the map entitled: "EXHIBIT A 28 ENCROACHMENT EXHIBIT SHOWING PROPOSED WOOD DOCK & VINYL 29 BULKHEAD, EXISTING BOAT LIFTS & WOOD BULKHEAD FOR JOHN P. DUNN & 30 KIMBERLY B. DUNN f/k/a KIMBERLY A. BROWN I.N. 20130329000362000 GPIN: 1499- 31 99-8075 LOT 92, SECTION 1, BAY ISLAND M.B. 45, PG. 37 CITY OF VIRGINIA BEACH, 32 VIRGINIA," a copy of which is attached hereto as Exhibit A and on file in the Department of 33 Public Works and to which reference is made for a more particular description; 34 35 BE IT FURTHER ORDAINED, that the Temporary Encroachments are 36 expressly subject to those terms, conditions and criteria contained in the agreement 37 between the City of Virginia Beach and the Dunns (the "Agreement"), an unexecuted copy 38 of which has been presented to the Council in its agenda, and will be recorded 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 43 44 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 45 such time as the Dunns 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 14th 49 day of December , 2021 . CA15406 R-1 Prepared: 10/20/21 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d008\p047\00763326.doc APPROVED AS TO CONTENT: APPROVED AS TO GAL SUFFICIENCY D F M: PUBLIC WORKS, REAL ESTATE DANA R. HARMEYER SENIOR CITY ATTORNEY MLW=MHL ALONG PROPERTY LINE EX. WOOD BULKHEAD --PROPERTY OF CITY OF VIRGINIA BEACH WEST CANAL M.B.45,PG.37 SEE DETAIL (2) BOAT LIFTS FLOOD SHEET 2 OF 2 c REMOVE EX. / TO REMAIN EBB ) WOOD DOCK Qc,• EX. WOOD BULKHEAD --° 7'x41.67' TO REMAIN _ 125.41' �h, — S 54'34'53" W 107 f/'/".:0 NOW OR FORMERLY SHEA C. EDWARDS & MLW=MHL ALONG 1 Z TRACEY EDWARDS EX. WOOD BULKHEAD .Q I.N. 20080626000756630 I LOT 93 NOW OR FORMERLY M.B. 45, PG. 37 PHILIP H. DAMUTH & 0 GPIN: 1499-98-7967 CORI 0. DAMUTH LOT 92 I.N. 20120703000743600 cn \ LOT 91 ,p M.B. 45, PG. 37 v cr.. GPIN: 1499-99-9181 1 STORY a' Z. G 0 40 80 J BRICK HOUSE �v+m r" #2309 —1 GRAPHIC SCALE z .+ ��ALTH OF G 1 4"O tiptopc Q? I DA .`BUTLER F1 `� �1 :•: . • �� F1 c.No. 38395 �•` Q . . Q ��'� Q GO O Q04. ��� �w `1 N 59'12 46 E 125.00' � 0' TO SSiONAL tip ' N Q� BROAD BAY ROAD (50' R/W) CLIPPE2OR LANE 1. THIS PLAN WAS PERFORMED WITHOUT THE FORMERLY ANCHOR ROAD BENEFIT OF A TITLE REPORT. M.B. 45, PG. 37 EXHIBIT A 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT EXHIBIT SHOWING ENCROACHMENT REQUEST ONLY. PROPOSED WOOD DOCK & VINYL 3. THE PHYSICAL FEATURES SHOWN WERE OBTAINED BULKHEAD, EXISTING BOAT LIFTS & FROM A TOPOGRAPHIC SURVEY PREPARED BY WOOD BULKHEAD COMPASS & CHAIN, LLC DATED DECEMBER 15, FOR 2020 AND FROM A PHYSICAL SURVEY PREPARED JOHN P. DUNN & KIMBERLY B. DUNN BY DENNIS J. GERWITZ ON APRIL 7, 2015. f/k/a KIMBERLY A. BROWN I.N. 20130329000362000 GALLUP GPIN: 1499-99-8075 ,,:_ SURVEYORS & ENGINEERS 323 FIRST COLONIAL ROAD LOT 92, SECTION 1, BAY ISLAND M.B. 45, PG. 37 CITY OF VIRGINIA BEACH, VIRGINIA VIRGINIA BEACH,VIRGINIA 23454 (757)428-8132(757)425-2390 FAX Scale: 1"=40' I Date: AUG. 25, 2021 I Sheet: 1 of 2 W:\Dunn,Johnny-2309 Broad Bay Road\Encroachment Exhibit\20-120 Encroachment Exhibit.dwg,12/1/2021 10:06:42 AM EX. BULKHEAD PROPERTY LINE TO REMAIN PROPERTY OF CITY OF VIRGINIA BEACH WEST CANAL M.B. 45, PG. 37 PROPOSED WOOD DOCK FLOOD MLW=MHW ( ALONG EXISTING EBB WOOD BULKHEAD (2) EX. BOAT PROPOSED LIFTS TO REMAIN 123'VINYL — 13.16' ;1 BULKHEAD EXISTING DOCK - 13.06' - 1` (OTHERS) 1 1 N EX. Cot BULKHEAD /29.447' -gym,. �`- 1 28.98' TO REMAIN -9.07'— j � 1�f���/ •_ ,• 0_ '"" 1.63' 28.45' . .,.. ..._.'_._- -- 125.41' i z 01I S 54'34'53 W \ 1 5.38 Co TYP. ,, J 3C'l 01., \ NOTE: 9' c1 THE PROPOSED VINYL BULKHEAD, WOOD DOCK, AND v �" I EXISTING BOAT LIFTS SHALL NOT ENCROACH IN THE �9^ rn ��v,ALTH OF NAVIGATIONAL PART OF THE WATERCOURSE. THE �' `J' p Gl RESIDENTS MUST BE AWARE THAT IF CITY FORCES z� I �� % PERFORM MAINTENANCE ACTIVITIES WITHIN THE CITY —` EASEMENT, THE STRUCTURE IMPROVEMENTS WILL U DAUTLER Y HAVE TO BE REMOVED AT THE OWNER'S EXPENSE. SAI .c.No. 38395 I Q 5-21 W� EXHIBIT A .� ,2 + ENCROACHMENT EXHIBIT SHOWING S� S'ON S V.'' PROPOSED WOOD DOCK & VINYL BULKHEAD, EXISTING BOAT LIFTS & WOOD BULKHEAD 0 20 40 FOR JOHN P. DUNN & KIMBERLY B. DUNN GRAPHIC SCALE f/k/a KIMBERLY A. BROWN I.N. 20130329000362000 GALLUP GPIN: 1499-99-8075 SURVEYORS & ENGINEERS LOT 92, SECTION 1, BAY ISLAND 323 FIRST COLONIAL ROAD M.B. 45, PG. 37 VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH, VIRGINIA (757)428-8132(757)425-2390 FAX Scale: 1"=20' I Date: AUG. 25, 2021 I Sheet: 2 of 2 W:\Dunn,Johnny-2309 Broad Bay Road\Encroachment Exhibit\20-120 Encroachment Exhibit.dwg,12/1/2021 10:06:43 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 o7a day of0C 7O('ER , 2021, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and JOHN P. DUNN and KIMBERLY B. DUNN (f/k/a KIMBERLY A. BROWN), husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "92" as shown on that certain plat entitled: "SUBDIVISION OF BAY ISLAND SECTION ONE PRINCESS ANNE CO., VA. LYNNHAVEN MAGISTERIAL DISTRICT", Scale: 1" = 100', dated February, 1958, prepared by Frank D. Tarrall, Jr. & Associates. Said plat being duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 45, at page 37, to which reference is made for a more particular description and being further designated, known, and described as 2309 Broad Bay Road, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to maintain two (2) existing boat lifts (each approximately 19.93' x 13.16') and a 125.41' wooden bulkhead, and to install and maintain a proposed 7' x 65.77' wooden dock and 123' of vinyl bulkhead, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: (CITY PROPERTY KNOWN AS WEST CANAL - NO GPIN REQUIRED OR ASSIGNED) 1499-99-8075 (2309 BROAD BAY 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 West Canal, located at the rear of 2309 Broad Bay Road, 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 consisting of two (2) sheets entitled: "EXHIBIT A ENCROACHMENT EXHIBIT SHOWING PROPOSED WOOD DOCK & VINYL BULKHEAD, EXISTING BOAT LIFTS & WOOD BULKHEAD FOR JOHN P. DUNN & KIMBERLY B. DUNN f/k/a KIMBERLY A. BROWN I.N. 20130329000362000 GPIN: 1499-99-8075 LOT 92, SECTION 1, BAY ISLAND M.B. 45, PG. 37 CITY OF VIRGINIA BEACH, VIRGINIA," having a scale of 1" = 40', dated August 25, 2021 and 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 Encroachment 2 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. 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 3 $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 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, John P. Dunn and Kimberly B. Dunn (f/k/a Kimberly A. Brown), 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. 4 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. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 5 . DUNN, Owner Y B. DUNN f/k/a MBERLY A. BROWN, Owner • '1 STATE OF t Tf CITYt£ertl17TY OF\Crcyn , to-wit: The foregoing instrument was acknowledged before me this day of ak13\04:20--- , 2021, by John P. Dunn and Kimber Dunn f/k/a Kimberly A. Brown. (SEAL) Public Notary Registration Number: t W 9 L NNOTAHYPPUBLIC ,���, ,/ PEG.349829 My Commission Expires: 9 3 r\ COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES JULY 31,2024 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM (ft aPAD SIGNATURE DANA R. HARMEYER SENIOR CITY ATTORNEY DEPARTMENT 6 MLW=MHL ALONG PROPERTY LINE EX. WOOD BULKHEAD PROPERTY OF CITY OF VIRGINIA BEACH WEST CANAL M.B.45,PG.37 SEE DETAIL (2) BOAT LIFTS FLOOD SHEET 2 OF 2 /A-1- TO REMAIN EBB > WOOD DO K A Qc,• EX. WOOD BULKHEAD = 7'x41.67' TO REMAIN/ 125,41' � 4'34'40, — S 5 53" W NOW OR FORMERLY SHEA C. EDWARDS & MLW=MHL ALONG ' Z TRACEY EDWARDS EX. WOOD BULKHEAD .P I.N. 20080626000756630 NOW OR FORMERLY 1 o LOT 93 cp. M.B. 45, PG. 37 PHILIP H. DAMUTH & GPIN: 1499-98-7967 CORI 0. DAMUTH LOT 92 3 I.N. 20120703000743600 LA LOT 91 . . o M.B. 45, PG. 37 v LP - GPIN:GPIN: 1499-99-9181 1 STORY v c 0 40 80 J BRICK HOUSE 4> 12309 -v \ -1 P VA w GRAPHIC SCALE m z z� Ni.lv,ALTH 0 - . . . . . \ G O j 4. gP% � � IU Y 1DA B ER s• 2\ Q*. c.No. 382359'5 w� Q\ �Q\ C,p .;z G O O N 59'12'46" E 125.00' •i� 250.0 0 ' TO S'ONAL CA' N <ZBROAD BAY ROAD (50' R/W CLIPPER LANE 1. THIS PLAN WAS PERFORMED WITHOUT THE FORMERLY ANCHOR ROAD BENEFIT OF A TITLE REPORT. M.B. 45, PG. 37 EXHIBIT A 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT EXHIBIT SHOWING ENCROACHMENT REQUEST ONLY. PROPOSED WOOD DOCK & VINYL 3. THE PHYSICAL FEATURES SHOWN WERE OBTAINED BULKHEAD, EXISTING BOAT LIFTS & FROM A TOPOGRAPHIC SURVEY PREPARED BY WOOD BULKHEAD COMPASS & CHAIN, LLC DATED DECEMBER 15, FOR 2020 AND FROM A PHYSICAL SURVEY PREPARED JOHN P. DUNN & KIMBERLY B. DUNN BY DENNIS J. GERW1TZ ON APRIL 7, 2015. f/k/a KIMBERLY A. BROWN I.N. 20130329000362000 GALLUP GPIN: 1499-99-8075 LOT 92, SECTION 1, BAY ISLAND I ; SURVEYORS & ENGINEERS M.B. 45, PG. 37 VIRGINIA BEACH,VIRGINIA 23454 32 FIRST COLONIAL ROAD CITY OF VIRGINIA BEACH, VIRGINIA (757)428-8132(757)425-2390 FAX Scale: 1"=40' I Date: AUG. 25, 2021 I Sheet: 1 of 2 W:\Dunn,Johnny-2309 Broad Bay Road\Encroachment Exhibit\20-120 Encroachment Exhibit.dwg,12/1/2021 10:06:42 AM EX. BULKHEAD PROPERTY LINE TO REMAIN PROPERTY OF CITY OF VIRGINIA BEACH WEST CANAL M.B. 45, PG. 37 PROPOSED WOOD DOCK FLOOD MLW=MHW ( ALONG EXISTING EBB WOOD BULKHEAD (2) EX. BOAT PROPOSED LIFTS TO REMAIN 123'VINYL 13.16' —,1 BULKHEAD EXISTING DOCK . 13.06' — 1° (OTHERS) 1 1 N EX. W c N _-10.01'— BULKHEAD �—`_ /�s4..47' —` -�' • 1- 28.98' TO REMAIN —9.07= iif /� _ $:=_ —_:;i 1.63' v�/_ - ----- 'I Z 28.45' -__ -- --- 41' i o ---- - - 125 • 1 .g 4'53" o ---- I it S 54'3 W 5.36 J co i \, TYP. ,, , ., .. ., \, \, .. - . (L. ---1.,, iy cp. NOTE: �, { THE PROPOSED VINYL BULKHEAD, WOOD DOCK, AND v r^ I EXISTING BOAT LIFTS SHALL NOT ENCROACH IN THE �1 4v,p'LTH OF NAVIGATIONAL PART OF THE WATERCOURSE. THE 2' cc) N p 1, LARESIDENTS MUST BE AWARE THAT IF CITY FORCES J z� G% PERFORM MAINTENANCE ACTIVITIES WITHIN THE CITY —� r2 O EASEMENT, THE STRUCTURE IMPROVEMENTS WILL 1 C.) DAB ^UTLER HAVE TO BE REMOVED AT THE OWNER'S EXPENSE. 1 C./t '•rR o. 3 8395 1 52�fv4 EXHIBIT A � ,2 + ENCROACHMENT EXHIBIT SHOWING SSIONA V'' PROPOSED WOOD DOCK & VINYL BULKHEAD, EXISTING BOAT LIFTS & WOOD BULKHEAD 0 20 40 FOR JOHN P. DUNN & KIMBERLY B. DUNN GRAPHIC SCALE f/k/a KIMBERLY A. BROWN I.N. 20130329000362000 GALLUP--) SURVEYORS & ENGINEERS 323 FIRST COLONIAL ROAD GPIN: 1499-99-8075 LOT 92, SECTION 1, BAY ISLAND M.B. 45, PG. 37 CITY OF VIRGINIA BEACH, VIRGINIA VIRGINIA BEACH,VIRGINIA 23454 (757)428-8132(757)425-2390 FAX Scale: 1"=20' I Date: AUG. 25, 2021 I Sheet: 2 of 2 W:\Dunn,Johnny-2309 Broad Bay Road\Encroachment Exhibit\20-120 Encroachment Exhibit.dwg,12/1/2021 10:06:43 AM 69 ITEM— V.H.5b ORDINANCES/RESOLUTION ITEM#72341 Upon motion by Council Member Jones, seconded by Council Member Branch, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned: b. Unimproved sections of City rights-of-way known as Fort Raleigh Drive, Christine Drive, and Coastal Drive for Croatan Civic League, Inc re construct a wooden pedestrian bridge Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer-Ill John D. Moss December 14, 2021 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A 4 TEMPORARY ENCROACHMENT INTO A 5 PORTION OF THE UNIMPROVED 6 INTERSECTING CITY RIGHTS-OF-WAY 7 KNOWN AS FORT RALEIGH DRIVE, 8 CHRISTINE DRIVE, AND COASTAL 9 DRIVE FOR CROATAN CIVIC LEAGUE, 10 INC. 11 12 WHEREAS, the Croatan Civic League, Inc. (the "Civic League") desires to 13 construct and maintain a 4' x 18' wooden pedestrian bridge within a portion of the 14 unimproved intersecting City rights-of-way known as Fort Raleigh Drive, Christine Drive, 15 and Coastal Drive (the "Temporary Encroachment"); 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 right-of-way subject to such terms and conditions as Council may prescribe. 20 21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 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 Civic League, its assigns 26 and successors in title is authorized to construct and maintain the Temporary 27 Encroachment as shown on the map entitled: "ENCROACHMENT EXHIBIT FOR BRIDGE 28 LOCATION RE-SUBDIVISION OF LAKE CHRISTINE AT CROATAN FOR CROATAN 29 CIVIC LEAGUE VIRGINIA BEACH, VIRGINIA," Scale: 1" = 25', dated May 26, 2021 , 30 prepared by Precision Measurements, Inc., a copy of which is attached hereto as Exhibit A 31 and on file in the Department of Public Works and to which reference is made for a more 32 particular description; 33 34 BE IT FURTHER ORDAINED, that the Temporary Encroachment is expressly 35 subject to those terms, conditions and criteria contained in the agreement between the City 36 of Virginia Beach and the Civic League (the "Agreement"), an unexecuted copy of which 37 has been presented to the Council in its agenda, and will be recorded among the records of 38 the Clerk's Office of the Circuit Court of the City of Virginia Beach; 39 40 BE IT FURTHER ORDAINED, that the City Manager or his authorized 41 designee is hereby authorized to execute the Agreement; and 42 43 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 44 such time as the Civic League and the City Manager or his authorized designee execute 45 the Agreement. 46 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th 48 day of December , 2021 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: %)-1-tfi? b ( 1,) PUBLIC WO KS, REAL ESTATE DANA R. HARMEYER SENIOR CITY ATTORNEY CA15230 R-1 Prepared: 11/9/2021 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d009\p040\00763683.doc NOTES: 1. THIS PROPERTY APPEARS TO BE IN ZONE AE BASE FLOOD ELEVAI7ON= 7.0 (NAVD88)AND ZONE X AREAS OF 0.2X ANNUAL CHANCE FLOODPLAIN, BASED ON FEDERAL EMERGENCY MANAGEMENT AGENCY, FLOOD INSURANCE RATE MAP, Z�-. 515531 0128 G, MAP REVISED: 01/15/2015. y- S. 2. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT, AND MAY N cn NOT REFLECT ALL EASEMENT OR RESTRICTIONS THAT MAY AFFECT THE PROPERTY --cr 0-1 3. THE EXISTENCE OF HAZARDOUS WASTES, VEGETATED WETLANDS OR 17DAL WETLANDS WAS 'r Q NEITHER/NVES17GATED NOR CONFIRMED DURING THE PERFORMANCE OF THIS SURVEY. ¢ o 4. HORIZONTAL DATUM= VIRGINIA STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, NAD83(1993HARN) Z.O Q VERTICAL DATUM= NORTH AMERICAN VERTICAL DATUM OF 1988(NAVD88) 5 C) Z 5. SURVEY DATA WAS COLLECTED ON MAY 10, 2021. 5 JOHN F. STRADER & JUNE M. STRADER D.B. 2721, PG. 467 THOMAS L. FELCH & ma's #616 FORT RALEIGH DRIVE ' DONNA M. FELCH -c M.B. 171, PG. 44 �; P� ?GP/N 2426-18-9450 w a D.B. 3863, PG. 2124 J LOT 11A ti c #524 COASTAL DRIVE M.B. 32, PG. 31 GP/N 2426-28-1307 o LOT 7 .a W y PROPOSED BRIDGE %Ct� LOCATION 4' X 18` � ,,, RIVE �'•• ��✓� 5�i' STALRD 31) t4 �� \V 7 COA 50. PG' 3 ' \ f ( 3. 32. z ti h \C �z 1s"�1r� t r LESLIE G. SHAW, JR. & C '} PI JOAN SHAW 6 Pink\1a P A '1, 6, D.B. 3202, PG. 655 \\.\\\ Ia/°P7H /529 COASTAL DRIVE II 11 2 pax �,� z M.B. 32, PG. 31 •",. GP/N 2426-18-9195 1I I w LOT 10 ill ER/K DUPILKA & CRYSTAL DUP/LKA INST. #20160429000356410 NTH OF D ill /621 FORT RALEIGH DRIVE . __Ai.. i I / v W LINEBERRY �, M.B. 171, PG. 44 ., GP/N 2426-18-8247 /1/ILOT 13A t Lic. No. 003230 F PROPOSED BRIDGE DETAIL 1 NOT TO SCALEe9,i, 1Z4'1�2.4 4/ 16'-0" SURv1 0 I t ,, . , f ?r T I ! • '11� -'1!` 111 ' _ ENCROACHMENT EXHIBIT / I `+ f I, Ii, � ry FOR / I 1 BRIDGE LOCATION // I I RE-SUBDIVISION / 18'-0° /1 , OF �/� -- ...1 'CC�/�kZ224y&a 'C waya , FOR CROATAN CIVIC LEAGUE VIRGINIA BEACH, VIRGINIA SCALE: 1” = 25' MAY 26, 2021 HARRY F. GILLEN, III & PRECISION MEASUREMENTS, INC. PATRICIA A. GILLEN VIRGINIA BEACH—RICHMOND—NEWPORT NEWS—CHANTILLY—BALTIMORE G Rl D.B. 3003, PG. 732 SURVEYORS•UAS•3—D SCANNING•MAPPERS /624 FORT RALEIGH DRIVE VIRGINIA BEAC DRIVE, ��\c) VIRGINIA 23454 M.B. 171, PG. 44 0 25 757-368-0945 so Is GPIN 2426-18-8017 LOT 6A GRAPHIC SCALE Z,V—TDT'V A 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 if; ���� 2021 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and CROATAN CIVIC LEAGUE, INC., a Virginia non-stock corporation, ITS ASSIGNS AND SUCCESSORS IN TITLE, "Grantee". WITNESS ETH: WHEREAS, the Grantee is a Civic League Association organized in the Commonwealth of Virginia for the owners of real property in the neighborhoods of Croatan Beach, Croatan Landing and Croatan Woods, including those certain lots, tracts, or parcels of land as shown on that certain plat entitled: "SUBDIVISION OF BLOCK 40, CROATAN BEACH FOR GEO. T. McLEAN & RICHARD B. KELLAM PRINCESS ANNE COUNTY, VA.," prepared by C.A. Bamforth, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 32, at page 31 and that certain plat entitled "RESUBDIVISION OF PROPERTY BLOCK 45, PARCEL 26 MB 37, P.8 BLOCK 47, PARCEL 28 MB 37, P.8 AND LOTS 7 THRU 13 BLOCK 46, PARCEL 27 MB 37, P.8 CROATAN BEACH MB 24, P. 37 RENAMED LAKE CHRISTINE OF CROATAN LYNNHAVEN BOROUGH VIRGINIA BEACH, VA." Scale: 1" = 100', dated June 1 , 1983, prepared by Gallup GPIN: CITY RIGHTS-OF-WAY KNOWN AS FORT RALEIGH DRIVE & COASTAL DRIVE & CHRISTINE DRIVE (NO GPIN REQUIRED OR ASSIGNED) ADJACENT TO 2426-18-9450 (616 Fort Raleigh Drive) &, 2426-28-1307 (524 Coastal Drive) Surveyors & Engineers, Ltd., which plat is recorded in Map Book 171, at page 44; WHEREAS, it is proposed by the Grantee to construct and maintain a 4' x 18' wooden pedestrian bridge, 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 existing City rights-of-way known as Fort Raleigh Drive, Christine Drive and Coastal Drive 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: "ENCROACHMENT EXHIBIT FOR BRIDGE LOCATION RE- SUBDIVISION OF LAKE CHRISTINE AT CROATAN FOR CROATAN CIVIC LEAGUE VIRGINIA BEACH, VIRGINIA," Scale: 1" = 25', dated May 26, 2021 , and prepared by Precision Measurements, Inc., a copy of which is attached 2 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 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. 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 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 CROATAN CIVIC LEAGUE, INC., a Virginia non-stock corporation, has caused this Agreement to be executed in its corporate name and on its behalf by MICHAEL J. KELLY, its President. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 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: 6 CROATAN CIVIC LEAGUE, INC., a Virginia non-stock corporation os By •� (SEAL) MICHAEL J. ." , Pres sent STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 7 day of gpiertivw , 2021, by MICHAEL J. KELLY, as President of CROATAN CIVIC LEAGUE, INC., a Virginia non-stock corporation. T- (SEAL) Notary P blic ``0+11111i,,'' ‘�.�N TREvp� Notary Registration Number: 7ta 7(¢IZ3 �' •' NOTARYsCp.' ' PUBLIC •. :_ REG My Commission Expires: 01/30/202-it : . #7676t2374'_o; MY COMMISSION ;moo' ••'� APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM SLR N'ATUR DANA R. HARMEYER SENIOR CITY ATTORNEY l�W Rcti t DEPARTMENT 7 NOTES: 1• IH/S PROPERTY APPEARS TO BE IN ZONE AE BASE FLOOD ELEVATION= 7.0(NAVD88)AND ZONE X AREAS OF 0.2Z ANNUAL CHANCE FLOODPLAIN, BASED ON FEDERAL EMERGENCY Z1. MANAGEMENT AGENCY, FL00D INSURANCE RATE MAP, , r. 515531 0128 G, MAP REVISED: 01/16/2015. �o_> _ 2. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A 1111E REPORT,AND MAY VIe,) NOT REFLECT ALL EASEMENT OR RESTRICTIONS THAT MAY AFFECT THE PROPERTY. FI CA — 3. THE IX/STENCE OF HAZARDOUS WASTES, VEGETATED WE7U NDS OR RDAL WETLANDS WAS N Z NEITHER I?MS17GATED NOR CONFIRMED DURING THE PERFORMANCE OF THIS SURVEY. co 4. HORIZONTAL DATUM= VIRGINIA STATE PLANE COORDINATE SYSTEM SOUTH ZONE, NAD83(1993NARN) Z O Z VERIIC4L DATUM= NORTH AM£RICAN VERTICAL DATUM OF 1988 (NAVD 8) T3 Q 5. SURVEY DATA WAS COLLECTED ON MAY 10, 2021. > JOHN F. STRADER & JUNE M. STRADER 44 D.B. 2721, PG. 467 THOMAS L. FELCH & �'s� 1616 FORT RALEIGH DRIVE tic M.B. 171, PG. 44 c4 DONNA M. FELCH i GPIN 2426-18-9450 44 kc D.B. 3863, PG. 2124 J LOT 11A c 524 COASTAL DRIVE m M.B. 32, PG. 31 ti 4 ce GPIN 2426-28-1307 o V i LOT 7 �a W y PROPOSED BRIDGE `rocce, LOCATION 4' X 18' vc. c LA o \\ Ve' � � �. � , � tik an.,r .' I I C � DR � �CoPS50RP0. 31) M32�c+ _ \\\ ,, \ 24'• z o'OAY 1 1, t( ' -,7 3 , , ul rn �� d GAn �1 �I ' J6 Lap'. .pz 111.:7"Pihof I "S T{: t�4 ?� 6 LESLIE SHAW, JR. & P JOAN SHAW I 1 6 P Vt:r9p, 1 I ' 7` "1 \ D.B. 3202, PG. 655 t o1{f"F 3 -��7 712 rz o !# ° 5U. COASTAL DRIVE a M.B. 32, PG. 31 I'y L: 2 OAKN, GPIN 2426-18-9195 s nvE W LOT 10 1i I ERIK DUPILKA & II CRYSTAL DUPILKA AJ,TH OF INST. 120160429000356410 p /621 FORT RALEIGH DRIVE - M.B. 171, PG. 44 GPIN 2426-18-8247 IVAN R.LINEBERRY a LOT 13A v Lic. No. 003230 iiiii r PROPOSED BRIDGE DETAIL NOT TO SCALE / e9,i,�u'1�u p' ' 16'-0" S U RV Zo � I �� I': u n 99Annn un�iml� In�n - )` :� t It 1/tlln1uttunuunnnti.uuttt l[ ENCROACHMENT EXHIBIT 11 t 11ltll'Jtrtnllltttnn6lnmrt II I Ira'uunI111111 mnnNhIIennnf4':10 FOR / BRIDGE LOCATION RE-SUBDIVISION 18'-0" 1 OF �/� L / -I Yetic YJrl2 �aW� io r r FOR CROATAN CAC LEAGUE V/RGINIA BEACH, VIRG/N14 SCALE: 1" = 25' MAY 26, 2021 HARRY F. GILLEN, III & PRECISION MEASUREMENTS, INC. Rl''' PA7RICA4 A. GILLEN VIRGINIA BEACH-MCHMOND-NEMPONT NEWS-cwumur-eLrnrorE d� D.B. 3003, PG. 732 SURVEYORS•IMS•3-o SCANNING•MAPPERS ���5� /624 FORT RALEIGH DRIVE RGINa ElEACH.vIRgNIA z3t M.B. 171, PG 44 0 25 50 Is 757-368-CA45 GPIN 2426-18-8017 LOT 6A GRAPHIC SCALE ��� 70 ITEM— V.H.6 ORDINANCES/RESOLUTION ITEM#72242 Upon motion by Council Member Jones, seconded by Council Member Branch, City Council ADOPTED, BY CONSENT, Ordinance to ESTABLISH Capital Project#100609, "Regional BMPs,"in the FY2021- 22 Capital Improvement Program and TRANSFER$9-Million to Project#100609, and AUTHORIZE the City Manager to EXECUTE the necessary documents Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer-Ill John D. Moss December 14, 2021 1 AN ORDINANCE TO ESTABLISH CAPITAL 2 PROJECT #100609, "REGIONAL BMPS," IN THE 3 CAPITAL IMPROVEMENT PROGRAM, TO 4 TRANSFER FUNDS TO PROJECT #100609, TO 5 AUTHORIZE ACQUISITION CERTAIN PROPERTY 6 7 WHEREAS, the City of Virginia Beach (the "City") desires to create regional 8 stormwater BMPs to control and manage stormwater runoff and drainage; 9 10 WHEREAS, GS Development, LLC, a Virginia limited liability company, has 11 offered to sell approximately 8.14 acres of property located at 947 and 959 Virginia 12 Beach Blvd. (the "Property") to the City; and 13 14 WHEREAS, City Council is of the opinion that acquiring the Property will enable 15 the City to create needed regional stormwater facilities to control and manage 16 stormwater runoff and drainage. 17 18 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 19 VIRGINIA, THAT: 20 21 1) New Capital Project #100609, "Regional BMPs," is hereby established in 22 the FY 2021-22 Capital Improvement Program. 23 24 2) $6,495,612 is hereby transferred from the City Council Emergent Needs 25 Reserve in the General Fund to Project #100609. 26 27 3) $989,191 is hereby transferred from Capital Project #100454, "Various 28 Site Acquisitions Phase II," to Project #100609. 29 30 4) $1,515,197 is hereby transferred from Capital Project #100455, "Various 31 Site Acquisition Phase III," to Project #100609. 32 33 5) That the City Manager is hereby authorized to execute any and all 34 documents necessary to acquire the Property, so long as such documents are 35 acceptable to the City Manager and deemed satisfactory by the City Attorney. 36 37 Adopted by the Council of the City of Virginia Beach, Virginia, on this 14th day 38 of December , 2021 . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL CIEN : udget & Management Services Att ney CA15655 R-1 December 2, 2021 IA'$ C,$,G j S City Of B eaic l a, Q Ls 4. 44, OP WO OUR NA ROSEMARY WILSON PHONE:(767)422-0733 VICE MAYOR RCN7eon61vbpovaan COUNCIL MEMBER—AT-LARGE In Reply Refer to 0073779 December 14,2021 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach,Virginia 23456 Re: Disclosure Pursuant to Virginia Code§ 2.2-3115(I) Dear Mrs. Barnes: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(I), 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 ordinance to establish Capital Project #100609, "Regional BMPs."In the Capital Improvement Program, to Transfer Funds to Project #100609, and to Authorize the Acquisition of Certain Property. 2. The owner of the property that would be acquired if authorized by this ordinance has disclosed that Dixon Hughes Goodman LLP ("DHG")is a service provider. 3. I have a personal interest in DHG because I received income from the firm as a result of my late husband's employment by the company. The income is proceeds from the sale of his partnership interest,paid out over an extended period of time. DGH's address is 272 Bendix Road, Suite 500,Virginia Beach, Virginia. 4. The City Attorney's Office has advised me that although I have a personal interest in this transaction,because I do not personally provide services to the applicant,the Act provides that I may participate in the Council's discussion and vote on this ordinance, upon disclosure of this interest. 921 ATLANTIC AVENUE.UNIT 50Z VIRGINIA BEACH,VIRGINIA 23451 Mrs.Amanda Barnes -2- December 14,2021 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(I) 5. I hereby disclose the facts above and declare that I am able to participate in the transaction fairly, objectively, and in the public interest. 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, T°Q6f/ljtRosemaryA lson Vice Mayor RAW/RRI 71 ITEM— V.H.7 ORDINANCES/RESOLUTION ITEM#72343 Upon motion by Council Member Jones, seconded by Council Member Branch, City Council ADOPTED, BY CONSENT, Ordinance to APPROPRIATE $380,000 from Net Assets of the Water and Sewer Enterprise Fund re purchase a replacement sewer cleaner Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer-Ill John D. Moss December 14, 2021 1 AN ORDINANCE TO APPROPRIATE $380,000 FROM NET 2 ASSETS OF THE WATER AND SEWER FUND TO 3 PURCHASE A REPLACEMENT SEWER CLEANER 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $380,000 from the net assets of the Water and Sewer Enterprise Fund is hereby 9 appropriated, with revenue increased accordingly, to capital outlay in the Water and 10 Sewer Enterprise Fund for the purchase of a replacement sewer cleaner. Adopted by the Council of the City of Virginia Beach, Virginia on the 14 t hday of December , 2021 . Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 0--- S B get and anagement Services • orn y's Office CA15656 R-1 December 1, 2021 72 ITEM— V.H.8a ORDINANCES/RESOLUTION ITEM#72344 Upon motion by Council Member Jones, seconded by Council Member Branch, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: a. $32,107 from the Commonwealth of Virginia to the FY2021-22 Virginia Beach Public Library Operating Budget and AUTHORIZE the City Manager to EXECUTE a Memorandum of Agreement(MOA) re furniture replacement at the Meyera E. Oberndorf Central Library and the Bayside Area Special Services Library Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer-Ill John D. Moss December 14, 2021 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $32,107 FROM THE COMMONWEALTH OF VIRGINIA 3 AND TO AUTHORIZE THE CITY MANAGER TO SIGN 4 A MEMORANDUM OF AGREEMENT WITH THE 5 COMMONWEALTH FOR REPLACEMENT OF 6 FURNITURE 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 1. That $32,107 is hereby accepted from the Commonwealth of Virginia and 12 appropriated, with revenue increased accordingly, to the FY 2021-22 13 Operating Budget of the Virginia Beach Public Library to assist with 14 enhancements for users by replacing furniture in the Meyera E. Oberndorf 15 Central Library and the Bayside Area Special Services Library; and 16 17 2. The City Manager is hereby authorized to execute a Memorandum of 18 Agreement with the Commonwealth of Virginia, through the Library of 19 Virginia, to fund and implement furniture replacement at the Meyera E. 20 Oberndorf Central Library and the Bayside Area Special Services Library, 21 in accordance with the Summary of Terms, attached hereto as Exhibit A, 22 and other such terms, conditions and modifications as may be acceptable 23 to the City Manager and in a form deemed satisfactory by the City Attorney. 24 Adopted by the Council of the City of Virginia Beach, Virginia on the 14th day Of December , 2021. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: - ry t 7 udget and anagement Services Department of Libraries g APPROVED AS TO LEGAL SUFFICIENCY: A1,,,e‘tc,_ 14--..,c.,41.44_(____ -- City Attorney's Offic4 CA15573 R-4 December 2, 2021 EXHIBIT A SUMMARY OF TERMS OF MEMORANDUM OF AGREEMENT PARTIES: The City of Virginia Beach("City") The Commonwealth of Virginia, through the Library of Virginia("LVA") PURPOSE: Fund the purchase of furniture for the Meyera E. Oberndorf Central Library and the Bayside Area Special Service Library. TERMS: The Memorandum of Agreement ("MOA") requires LVA to: • Dispense the American Rescue Plan Act("ARPA") funds to the City. • Monitor the City's compliance with the terms of this MOA. • Provide support and troubleshooting services to the City. The MOA requires the City to: • Attend a mandatory pre-award meeting with all ARPA recipients and LVA personnel. • Attend mandatory monthly meetings with LVA personnel. • Submit invoices for allowable expenses to LVA on a monthly basis. • Obligate all grant funds by September 30, 2022. • Spend the grant money in accordance with the LVA-approved budget. • Submit budget change requests to LVA for approval. • Measure the outputs and outcomes of the project and submit mandatory quarterly progress reports to LVA. • Retain all books, accounts, reports, files and other records relating to this MOA for a period of five years. The grant is a reimbursement grant, but requests for advance payments will be reviewed on a case-by-case basis. The MOA contains standard City contract provisions about governing law, assignment, and default. 73 ITEM— V H.8b ORDINANCES/RESOLUTION ITEM#72345 Upon motion by Council Member Jones, seconded by Council Member Branch, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: b. $4,021,136.25 from the American Rescue Plan Act (ARPA), Coronavirus State and Local Fiscal Recovery Funds, Municipal Utility Assistance Program to the Department of Public Utilities Operating Budget re provide utility relief assistance for delinquent residential customers Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer-Ill John D. Moss December 14, 2021 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $4,021,136.25 IN AMERICAN RESCUE PLAN ACT 3 FUNDING FROM THE COMMONWEALTH OF VIRGINIA TO 4 THE DEPARTMENT OF PUBLIC UTILITIES TO PROVIDE 5 UTILITY RELIEF ASSISTANCE TO DELINQUENT 6 CUSTOMERS 7 8 WHEREAS, The Commonwealth of Virginia has established an additional program 9 for localities to receive utility relief assistance for delinquent residential customers; and 10 11 WHEREAS, as a utility owned by a municipality of the Commonwealth, the Virginia 12 Beach Department of Public Utilities is eligible to participate in this program. 13 14 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 15 VIRGINIA, THAT: 16 17 $4,021 ,136.25 is hereby accepted from the Commonwealth of Virginia through the 18 American Recovery Plan Act, State and Local Fiscal Recovery Funds, Municipal Utility 19 Assistance Program and appropriated, with revenue from the federal government 20 increased accordingly, to a newly established grant fund separate and distinct from the 21 Department of Public Utilities Water and Sewer Enterprise Fund for utility relief assistance 22 for delinquent residential customers. 23 24 BE IT FURTHER ORDAINED, THAT: 25 26 The City Manager or designee is hereby authorized to execute any necessary 27 memorandum or certification required by the Commonwealth of Virginia for participation 28 in the Municipal Utility Assistance Program provided such memorandum or certification is 29 approved as to form by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia on the 14 t h day of December , 2021. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget and Management Services Cit or ey s Office CA15657 R-1 December 1, 2021 74 ITEM— V.H.8c ORDINANCES/RESOLUTION ITEM#72346 Upon motion by Council Member Jones, seconded by Council Member Branch, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE: c. $4,486,715 in Federal Funding from the Shuttered Venue Operators Grant, ESTABLISH Capital Project #100608, "Virginia Aquarium Animal Holding Facility Improvements," and APPROPRIATE funding for Project #100608 and the Department of the Virginia Aquarium FY2021-22 Capital Improvement Program Voting: 9-0 Council Members Voting Aye: Linwood O. Branch, Michael F. Berlucchi, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer-Ill John D. Moss December 14, 2021 1 AN ORDINANCE TO ACCEPT $4,486,715 IN 2 FEDERAL FUNDING FROM THE SHUTTERED 3 VENUE OPERATORS GRANT, TO ESTABLISH NEW 4 CAPITAL PROJECT #100608, "VIRGINIA AQUARIUM 5 ANIMAL HOLDING FACILITY IMPROVEMENTS," AND 6 TO APPROPRIATE FUNDING FOR PROJECT 7 #100608 AND THE DEPARTMENT OF THE VIRGINIA 8 AQUARIUM 9 10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA, THAT: 12 13 1) $4,486,715 is hereby accepted from the United States Small Business 14 Association's Shuttered Venue Operators Grant. 15 16 2) Capital Project #100608 "Virginia Aquarium Animal Holding Facility 17 Improvements" is hereby established in the FY 2021-22 Capital Improvement 18 Program. 19 20 3) $4,486,715 is hereby appropriated from the fund balance of the General Fund 21 to the FY 2021-22 Operating Budget. Of this amount, $4,321,715 is to be 22 appropriated as a pay-go transfer from the General Fund to Project #100608 23 and $165,000 appropriated to the Department of the Virginia Aquarium for the 24 purpose of providing such funds to the Virginia Aquarium Foundation to 25 conduct a feasibility and operational impact study. Adopted by the Council of the City of Virginia Beach, Virginia on the 14th day of December , 2021 . Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: T &Alttic7c7, Budget and Management Services i y y's Office CA15651 R-1 December 1, 2021 75 ITEM— V.1.1 PLANNING ITEM#72347 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Council Member Jones, seconded by Council Member Branch, City Council APPROVED, BY CONSENT, Application of ATLANTIC DEVELOPMENT ASSOCIATES, LLC for a Variance to Section 4.4(b) of the Subdivision Regulations re subdivide two (2) lots to create a total of three(3) lots at 2744 Ansol Lane& 153 Bassett Avenue DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA ATLANTIC DEVELOPMENT ASSOCIATES, LLC for a Variance to Section 4.4(b) of the Subdivision Regulations re subdivide two (2) lots to create a total of three (3) lots at 2744 Ansol Lane & 153 Bassett Avenue (GPINs 14974305620000, 14974304780000)DISTRICT 6—BEACH The following conditions shall be required: 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled, "Single Family Development Exhibit, Lots 5 & 6, Block 12",prepared by WPL, copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning(hereinafter, the "Subdivision Plans'). 2. The applicant shall grant a reservation for the property lines at the southeast corner of Lot 6A, where Ansol Lane and Bassett Avenue intersect, to be rounded with a radius of ten(10) feet as required by Section 4.10) of the Subdivision Regulations. This reservation shall then be conveyed to the City of Virginia Beach following the recordation of the plat for the sum of one(1) dollar. 3. All future development of these lots shall be in conformance with the Lynnhaven Strategic Growth Area Master Plan and in compliance with the Strategic Growth Area's Guiding Design Principles. 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 14th day of December Two Thousand Twenty One. December 14, 2021 76 ITEM— V.I.1 PLANNING ITEM#72347 (Continued) Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer-Ill John D. Moss December 14, 2021 \/ \/ R5D O v 0 R5D� R5D , \ O o R5D • 02 R5D� ot,0 �e \.71\ o'°.(2 0 0 �o� 0 ,50 '., > '9� R5D � _ P1 coy, • p 0 r to0 © R-5 D �p oz a i__\ RD z- ;-off °Ory O . 9� p An of-Lane `- / . R5D \.co ___________ ,- ,, 264 ----- 264 N Associates, LLC Atlantic DevelopmentW '�,�E %// Siteiq ' Property Polygons 2744 Ansol Lane, 153 Bassett Avenue s Zoning Building - Feet 0 2040 80 120 160 200 240 77 ITEM— V.I.2 PLANNING ITEM#72348 Upon motion by Council Member Jones, seconded by Council Member Branch, City Council APPROVED, BY CONSENT, Application of JAMES B. RICHARDS, JR. & LINDA CHAMPION- RICHARDS for a Street Closure re 375 square feet of an unimproved ally adjacent to the rear of 733 Vanderbilt Avenue DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA JAMES B.RICHARDS,JR. & LINDA CHAMPION-RICHARDS for a Street Closure re 375 square feet of an unimproved ally adjacent to the rear of 733 Vanderbilt Avenue DISTRICT 6—BEACH The following conditions shall be required: 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 three thousand (3,000)dollars, 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 (1) 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 141" day of December Two Thousand Twenty One. December 14, 2021 78 ITEM— VI.2 PLANNING ITEM#72348 (Continued) Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O.Branch, Barbara M. Henley,N. D. "Rocky"Holcomb, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer John D. Moss December 14, 2021 1 ORDINANCE APPROVING APPLICATION 2 OF JAMES B. RICHARDS, JR. AND LINDA 3 CHAMPION-RICHARDS FOR THE 4 CLOSURE OF ONE-HALF OF AN 5 UNIMPROVED UNNAMED ALLEY 6 ADJACENT TO THE REAR OF 733 7 VANDERBILT AVENUE IN CROATAN 8 9 WHEREAS, James B. Richards, Jr. and Linda Champion-Richards (the 10 "Applicants") applied to the Council of the City of Virginia Beach, Virginia, to have the 11 hereinafter described portion of an unimproved, unnamed right-of-way discontinued, 12 closed, and vacated; and 13 14 WHEREAS, it is the judgment of the Council that said portion of right-of-way be 15 discontinued, closed, and vacated, subject to certain conditions having been met on or 16 before one (1) year from City Council's adoption of this Ordinance. 17 18 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 19 Beach, Virginia: 20 21 SECTION I 22 23 That the hereinafter described portion of unimproved right-of-way (the "Right-of- 24 Way") be discontinued, closed and vacated, subject to certain conditions being met on 25 or before one (1) year from City Council's adoption of this ordinance: 26 27 ALL THAT certain piece or parcel of land situate, lying and 28 being in the City of Virginia Beach, Virginia, designated and 29 described as "AREA OF PROPOSED STREET CLOSURE 30 (375 SQ. FT. OR 0.009 ACRES)" and shown as the hatched 31 area on that certain street closure exhibit entitled: "STREET 32 CLOSURE EXHIBIT OF THE EASTERN 7.5 FEET OF 15' 33 ALLEY (A PUBLIC R/W) LOT 12; BLOCK 16 CROATAN 34 BEACH (M.B. 24, PG. 37) VIRGINIA BEACH, VIRGINIA", 35 Scale: 1" = 20', dated July 30, 2021 , prepared by WPL, a 36 copy of which is attached hereto as Exhibit A. 37 38 SECTION II 39 40 The following conditions must be met on or before one (1) year from City 41 Council's adoption of this ordinance: 42 43 1 . The City Attorney's Office will make the final determination regarding 44 ownership of the underlying fee. The purchase price to be paid to the City shall be 45 determined according to the "Policy Regarding Purchase of City's Interest in Streets 46 47 No GPIN Assigned (City Right-of-Way) 48 Adjacent GPIN: 2426-38-5075 49 Pursuant to Street Closures", approved by City Council. It has been determined that the 50 purchase price to be paid to the City shall be $3,000, which is consistent with similar 51 street closures in this area. 52 53 2. The Applicants shall resubdivide the property and vacate the internal lot 54 lines to incorporate the Right-of-Way into the adjoining lot. The resubdivision plat must 55 be submitted and approved for recordation prior to the final street closure approval. 56 Said plat shall include the dedication of a public drainage easement over the Right-of- 57 Way to the City of Virginia Beach, subject to the approval of the Department of Public 58 Works, and the City Attorney's Office, which easement shall include a right of 59 reasonable ingress and egress. 60 61 3. The Applicants shall verify that no private utilities exist within the Right-of- 62 Way proposed for closure. If private utilities do exist, easements satisfactory to the utility 63 company must be provided. 64 65 4. Closure of the Right-of-Way shall be contingent upon compliance with the 66 above-stated conditions within 365 days of approval by City Council. If the conditions 67 noted above are not accomplished and the final plat is not approved for recordation 68 within one (1) year of City Council approval, said approval shall be considered null and 69 void. 70 71 SECTION III 72 73 1 . If the preceding conditions are not fulfilled on or before December 13, 74 2022, this Ordinance will be deemed null and void without further action by the City 75 Council. 76 77 2. If all conditions are met on or before December 13, 2022, the date of final 78 closure is the date the street closure ordinance is recorded by the City Attorney. 79 80 3. In the event the City of Virginia Beach has any interest in the underlying 81 fee, the City Manager or his designee is authorized to execute whatever documents, if 82 any, that may be requested to convey such interest, provided said documents are 83 approved by the City Attorney's Office. 84 85 SECTION IV 86 87 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 88 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 89 VIRGINIA BEACH (as "Grantor") and JAMES B. RICHARDS, JR. and LINDA 90 CHAMPION-RICHARDS (collectively, as Grantee"). 91 92 Adopted by the Council of the City of Virginia Beach, Virginia, on this 14th day 93 of December . 2021 . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Plannin DepaMtment City Attorney CA15404 \\VBGOV.COM\DFS 1\AP P LICATIONS\CITYLAWCYCOM32\WPDOCS\D029\P039\00767232.DOC R-1 December 2, 2021 LOT 1A 1 LOT 2 1 LOT 3 (I.N. 20080124000088580) I (M.B. 24, PG. 37) I (M.B. 24, PG. 37) GPIN: 2426-37-4978 I GPIN: 2426-38-4062 I GPIN: 2426-38-4057 ,L'I'H op r N 04.14'15" W 50' 15' ALLEY 4,t. �' ,o Z\— ?T (M.B. 24, PG. 37) y �� �` (UNIMPROVED) ARNER a 04'14'15" W 50' Lie. . 2904 BLOCK e 08/O1/2021 .., 16 if+� SUR��'�o 0 O ��R/p�,gN S� AREA OF PROPOSED STREET k 4 PGU3) (375 SQ.CLOSURE UOR icN LOT 11 0.009 ACRES) k\ (M.B. 24, PG. 37) Q ' GPIN: 2426-38-5081 LOT 13 Z 1)-- N (M.B. 24, PG. 37) m W GPIN: 2426-38-5180 � 'N , ocWQ h t1 00 LOT 12 '^ k GPIN.• 2426-38-5075 v, i I; 50' �`� 50' Q� 0°(14-1 � ® S 04.14'15" E e NOTES: Q� 1. THIS EXHIBIT IS INTENDED TO SHOW THE AREA OF PROPOSED RIGHT-OF-WAY CLOSURE VANDERB/L T AVENUE AND INDEPENDENT OF THE ASSOCIATED RECORD DOCUMENT(S) AND IS NOT INTENDED (80' R/w) FOR ANY OTHER THAN GENERAL REFERENCE. (FORMERLY PACIFIC AVENUE) 2. A TITLE REPORT HAS NOT BEEN PROVIDED (MAP BOOK 24, PAGE 37) FOR THIS PROPERTY. STREET CLOSURE EXHIBIT OF THE EASTERN 7.5 FEET OF i-- - 15' ALLEY (A PUBLIC R/W) _ _� - _=_ LOT 12; BLOCK 16 - CROATAN BEACH (M.B. 24, PG. 37) Landscape MchR ro ectu Land Surveying VIRGINIA BEACH, VIRGINIA Civil Engineering SHEET 1 OF 1 wee com 757.431.1041 242 MSGN6IRIL StE 8 MGM MIL M 23452 SCALE: 1"=20' JULY 30, 2021 CAD/chk BKM/eag CITY OF VIRGINIA BEACH, VA I F.B. 1073 PG. 14 'PLAT: C-84 I IN:221-0157 79 ITEM— V.I.3 PLANNING ITEM#72349 Upon motion by Council Member Jones, seconded by Council Member Branch, City Council APPROVED, BY CONSENT, Application of MICHAEL I. ASHE& MITZI S.ASHE, CO-TRUSTEES OF THE ASHE REVOCABLE TRUST for a Street Closure re 375 square feet of an unimproved alley adjacent to the rear of 729 Vanderbilt Avenue DISTRICT 6—BEACH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA MICHAEL L ASHE & MITZI S. ASHE, CO-TRUSTEES OF THE ASHE REVOCABLE TRUST for a Street Closure re 375 square feet of an unimproved alley adjacent to the rear of 729 Vanderbilt Avenue DISTRICT 6—BEACH The following conditions shall be required: 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 Applicant 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 Applicant 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 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 14th day of December Two Thousand Twenty One. December 14, 2021 80 ITEM— VI.3 PLANNING ITEM#72349 (Continued) Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer-Ill John D. Moss December 14, 2021 1 ORDINANCE APPROVING APPLICATION 2 OF MICHAEL I. ASHE AND MITZI S. ASHE, 3 CO-TRUSTEES OF THE ASHE 4 REVOCABLE TRUST, DATED NOVEMBER 5 10, 2015, FOR THE CLOSURE OF ONE- 6 HALF OF AN UNIMPROVED UNNAMED 7 ALLEY ADJACENT TO THE REAR OF 729 8 VANDERBILT AVENUE IN CROATAN 9 10 WHEREAS, Michael I. Ashe and Mitzi S. Ashe, Co-Trustees of The Ashe 11 Revocable Trust, dated November 10, 2015 (the "Applicant") applied to the Council of 12 the City of Virginia Beach, Virginia, to have the hereinafter described portion of an 13 unimproved, unnamed right-of-way discontinued, closed, and vacated; and 14 15 WHEREAS, it is the judgment of the Council that said portion of right-of-way be 16 discontinued, closed, and vacated, subject to certain conditions having been met on or 17 before one (1) year from City Council's adoption of this Ordinance. 18 19 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 20 Beach, Virginia: 21 22 SECTION I 23 24 That the hereinafter described portion of unimproved right-of-way (the "Right-of- 25 Way") be discontinued, closed and vacated, subject to certain conditions being met on 26 or before one (1) year from City Council's adoption of this ordinance: 27 28 ALL THAT certain piece or parcel of land situate, lying and 29 being in the City of Virginia Beach, Virginia, designated and 30 described as "AREA OF PROPOSED STREET CLOSURE 31 (375 SQ. FT. OR 0.009 ACRES)" and shown as the hatched 32 area on that certain street closure exhibit entitled: "STREET 33 CLOSURE EXHIBIT OF THE EASTERN 7.5 FEET OF 15' 34 ALLEY (A PUBLIC R/W) LOT 13; BLOCK 16 CROATAN 35 BEACH (M.B. 24, PG. 37) VIRGINIA BEACH, VIRGINIA", 36 Scale: 1" = 20', dated August 23, 2021, prepared by WPL, a 37 copy of which is attached hereto as Exhibit A. 38 39 SECTION II 40 41 The following conditions must be met on or before one (1) year from City 42 Council's adoption of this ordinance: 43 44 1 . The City Attorney's Office will make the final determination regarding 45 ownership of the underlying fee. The purchase price to be paid to the City shall be 46 determined according to the "Policy Regarding Purchase of City's Interest in Streets 47 48 No GPIN Assigned (City Right-of-Way) 49 Adjacent GPIN: 2426-38-5180 50 Pursuant to Street Closures", approved by City Council. It has been determined that the 51 purchase price to be paid to the City shall be $3,000, which is consistent with similar 52 street closures in this area. 53 54 2. The Applicant shall resubdivide the property and vacate the internal lot 55 lines to incorporate the Right-of-Way into the adjoining lot. The resubdivision plat must 56 be submitted and approved for recordation prior to the final street closure approval. 57 Said plat shall include the dedication of a public drainage easement over the Right-of- 58 Way to the City of Virginia Beach, subject to the approval of the Department of Public 59 Works, and the City Attorney's Office, which easement shall include a right of 60 reasonable ingress and egress. 61 62 3. The Applicant shall verify that no private utilities exist within the Right-of- 63 Way proposed for closure. If private utilities do exist, easements satisfactory to the utility 64 company must be provided. 65 66 4. Closure of the Right-of-Way shall be contingent upon compliance with the 67 above-stated conditions within 365 days of approval by City Council. If the conditions 68 noted above are not accomplished and the final plat is not approved for recordation 69 within one (1) year of City Council approval, said approval shall be considered null and 70 void. 71 72 SECTION III 73 74 1 . If the preceding conditions are not fulfilled on or before December 13, 75 2022, this Ordinance will be deemed null and void without further action by the City 76 Council. 77 78 2. If all conditions are met on or before December 13, 2022, the date of final 79 closure is the date the street closure ordinance is recorded by the City Attorney. 80 81 3. In the event the City of Virginia Beach has any interest in the underlying 82 fee, the City Manager or his designee is authorized to execute whatever documents, if 83 any, that may be requested to convey such interest, provided said documents are 84 approved by the City Attorney's Office. 85 86 SECTION IV 87 88 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 89 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 90 VIRGINIA BEACH (as "Grantor") and MICHAEL I. ASHE AND MITZI S. ASHE, CO- 91 TRUSTEES OF THE ASHE REVOCABLE TRUST, DATED NOVEMBER 10, 2015 92 (collectively, as Grantee"). 93 94 Adopted by the Council of the City of Virginia Beach, Virginia, on this 14th day 95 of December . 2021 . APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: )f Planning eparYment City Attorney CA 15403 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d029\p039\00767240.doc R-1 December 2, 2021 LOT 2 1 LOT 3 1 LOT 4 (M.B. 24, PG. 37) I (M.B. 24, PG. 37) I (M.B. 24, PG. 37) GPIN: 2426-38-4062 i GPIN: 2426-38-4057 i GPIN: 2426-38-4124 ,I,,L'rx OFyf N 04.14'15" W 50' 15' ALLEY t AZ� — ?T (M.B. 24, PG 37) yro N 04'14'15" W> 50'> Q�` (UNIMPROVED)RIC ARNER a N 04�14'15" W 50' Lic. . 2904 e 08/23/2027 * BLOCK '147� sURy�';o 0 16 0 0 MF'R/0 AREA OF 1.B /'9N S00,90 PROPOSED ��: PG E STREET CLOSURE `3�J (375 SQ. FT OR in 0.009 ACRES) LOT 12 LOT 14 ' (M.B. 24, PG. 37) (M.B. 24, PG. 37) Z N GPIN: 2426-38-507 LOT 13 GPIN: 2426-38-5123 J W cd h GPIN: 2426-38-5180 h (1cWQ ea ct 50' `1 50' Q�� Q�N��� S 04'14'15" E NOTES: 1. THIS EXHIBIT IS INTENDED TO SHOW THE AREA OF PROPOSED RIGHT—OF—WAY CLOSURE VANDERBIL T AVENUE AND INDEPENDENT OF THE ASSOCIATED RECORD DOCUMENT(S) AND IS NOT INTENDED (80' RAW) FOR ANY OTHER THAN GENERAL REFERENCE. (FORMERLY PACIFIC AVENU 2. A TITLE REPORT HAS NOT BEEN PROVIDED (MAP BOOK 24, PAGE 37 FOR THIS PROPERTY. STREET CLOSURE EXHIBIT OF -- THE EASTERN 7.5 FEET OF 15' ALLEY (A PUBLIC R/W) LOT 13; BLOCK 16 CROATAN BEACH Lance� ,rc (M.B. 24, PG. 37) Land Surveying VIRGINIA BEACH, VIRGINIA Civil Engineering SHEET 1 OF 1 eite.com 757.431.1041 2k1 MariGmTk11 SIE 8 YIt31N BF/1 N 2i412 SCALE: 1"=20' AUGUST 23, 2021 CAD/chic BKM/eag CITY OF VIRGINIA BEACH, VA I F.B. 1074 PG.74 I PLAT: C-84 I7N:221-0233 81 ITEM— V.I.4 PLANNING ITEM#72350 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 Jones, City Council APPROVED Application of VB HOLDINGS, LLC for a Modification of Conditions re senior housing at 608 Dam Neck Road DISTRICT 7—PRINCESS ANNE(Approved by City Council December 2001) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA VB HOLDINGS,LLC for a Modification of Conditions re senior housing at 608 Dam Neck Road (GPIN 2425266489) DISTRICT 7—PRINCESS ANNE(Approved by City Council December 2001) 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 14`h day of December Two Thousand Twenty One. Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer-Ill John D. Moss December 14, 2021 w � �n z ^� °'- I °� N \---- ( 3 0 000 /' yj i �o 0 0 00 r 0 0 V � 4 e �s Street o,,N D Aeg ,�\ Q Ej N ''''' '''Z ' . (7.9 a N • Q /1 / ° O C `I CI, NCe *ce14.7 'ii < T7 -0 �o Q Jo C 13 N N \a9\(6 CT = Z 114 ,-.. nrCp / in 13 NoIN \ \ a \� 4-e, 0 cO Q ��rlQp6zqQ� a itap r \ ‘‘‘ , to‘ hCilnc2d�d .°w . Vv< . s 1 Q,„t1) 1, E _ _ .11,102;:z \ce\ .0,6, , iv-H-01m Q wile V) r 13 t Q61.. ..s- . 2 , ' q bil Z `� 'Cl ° Sri fl .C3 E �Qus Q '?oi�pco'orio a. ri]pPPoo Q p Q- '_:f ' w CL N CC1 1(4i @7 fl ; 13 �n o 0 aN N N' e t o ��, 9 o r V V�, � a E>'P U ® Q� Q� ,Q j 4>o�,aoQL,l1 QP 4`7pa 82 ITEM— V.L5 PLANNING ITEM#72351 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 Jones, City Council APPROVED Application of ATLANTIC DEVELOPMENT ASSOCIATES, LLC/MARTHA FISHER HUERTA / VB HOLDINGS,LLC,for a Conditional Change of Zoning from AG-1 &AG-2 Agricultural&R-10 Residential to Conditional A-12 Apartment District re develop a ninety-two (92) Unit condominium community at 580 & 608 Dam Neck Road DISTRICT 7—PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA ATLANTIC DEVELOPMENT ASSOCIATES, LLC / MARTHA FISHER HUERTA/VB HOLDINGS, LLC,for a Conditional Change of Zoning from AG-1 & AG-2 Agricultural & R-10 Residential to Conditional A-12 Apartment District re develop a ninety-two (92) Unit condominium community at 580 & 608 Dam Neck Road (GPINs 2425255531, 2425266489)DISTRICT 7—PRINCESS ANNE The following conditions shall be required: An Agreement encompassing proffers shall be recorded with the Clerk of 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 14`" day of December Two Thousand Twenty One. Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer-Ill John D. Moss December 14, 2021 ATLANTIC DEVELOPMENT ASSOCIATES, LLC,a Virginia limited liability company MARY FISHER HUERTA VB HOLDINGS, LLC,a Delaware 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 31St day of July, 2020, by and between ATLANTIC DEVELOPMENT ASSOCIATES, LLC, a Virginia limited liability company, party of the first part, Grantor; MARY FISHER HUERTA, party of the second part, Grantor; VB HOLDINGS, LLC, a Delaware limited liability company,party of the third part,Grantor;and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the fourth part, Grantee. WITNESSETH: WHEREAS, the party of the second part is the owner of a parcel of land located in the Princess Anne District of the City of Virginia Beach, containing approximately 4.042 acres as more particularly described as "Parcel One" in Exhibit "A" attached hereto and incorporated herein by reference. Said parcel along with Parcel Two as described in Exhibit "A" are herein collectively referred to as the"Property"; and WHEREAS, the party of the third part is the owner of a parcel of land located in the Princess Anne District of the City of Virginia Beach, containing approximately 93.072 acres as more particularly described as "Parcel Two" in Exhibit "A" attached hereto and incorporated herein by reference. Said parcel along with Parcel One as described in Exhibit "A" are herein collectively referred to as the"Property"; and GPIN: 2425-25-5531-0000 2425-26-6489-0000 Prepared by: R.Edward Bourdon,Jr.,Esquire VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 4429 Bonney Road Suite S00 Virginia Beach,Virginia 23462 WHEREAS,the party of the first part, as contract purchaser of 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 the Property from R-10 Residential District and AG-1 and AG-2 Agricultural Districts and R-10 Residential District to Conditional A-12 Apartment District; and WHEREAS,the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS,the 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 A-12 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 of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development,operation,and use of the Property and hereby 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 Grantors, their successors,personal representatives, assigns,grantee, and other successors in interest or title: 1. When the Property is developed, the community entrance, streets, landscaping, parking and fencing shall be substantially in accordance with the two (2) exhibits titled 2 "CONCEPTUAL LAYOUT JADEN PLACE TOWNHOMES VIRGINIA BEACH,VIRGINIA" C-1.0 and C- 2.0, dated 10/28/2019 and the "OVERALL CONCEPTUAL LAYOUT", dated 10/28/2019, prepared by WPL Engineers,Surveyors and Landscape Architects,which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Conceptual Layout"and "Overall Conceptual Layout"). 2. Vehicular Ingress and Egress shall be via one (1) signalized entrance from Dam Neck Road as depicted on the Conceptual Layout. Any freestanding community identification sign shall be a monument style sign, no more than eight feet (8') in height with a brick or parge block base to match the skirt of the buildings. 3. When the Property is developed, there will be no more than ninety-two (92) residential townhome condominium units, within fifteen (15) buildings as depicted on the Conceptual Layout. Eighty(80) of the units will have a rear loading two (2) car garage and twelve (12) units will have a front loading one (1) car garage. 4. When the Property is developed, the residential structures and pool house depicted on the Conceptual Layout shall have the architectural design,features,exterior building materials and colors substantially as depicted and described on the exhibit entitled "ARCHITECTURAL ELEVATIONS — JADEN PLACE TOWNHOMES VIRGINIA BEACH, VIRGINIA", dated 10/28/2019,prepared by WPL Engineers,Surveyors and Landscape Architects,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning&Community Development ("Elevations"). 5. When the Property is developed, the party of the first part shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia which shall include a restriction prohibiting the rental of any unit for a term of less than thirty (30) days. The Condominium Unit Owners'Association shall be responsible for maintaining all drive aisles, sidewalks, amenities, open spaces, common areas, landscaping, stormwater management facilities and other improvements on the Property as depicted on the Conceptual Layout. Membership, by all residential unit owners, in the Condominium Association shall be mandatory. 6. The plan for complying with the Grantee's Stormwater Regulations submitted to the Development Services Center at Site Plan Review shall be in substantial conformance with the preliminary stormwater plan design and strategy for achieving compliance as submitted and preliminarily reviewed by staff,unless otherwise approved by the Development Services Center. 3 7. 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 the A-12 Apartment 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 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 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 instrument 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 insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages,or other appropriate action,suit,or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; 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 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 Grantors and the Grantee. 5 WITNESS the following signature and seal: Grantor: Atlantic Development :.sociates, LLC, a Virginia limited liability company / By: , (SEAL) Howar. . ykes,Jr.,Authorized Agent STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this 3rd day of August, 2020, by Howard R. Sykes, Jr., Authorized Agent for Atlantic Development Associates, LLC, a Virginia limited liability company,Grantor. Notary Public My Commission Expires: August 31, 2022 T Notary Registration Number:192628 efe f • 5 WITNESS the following signature and seal: Grantor: )4AA 1 2-J 4A- 1�,Gce-c (SEAL) Mary Fisher Huerta STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this I°`I day of t'r t/Sus+ 2020,by Mary Fisher Huerta,Grantor. Notary Public My Commission Expires: (O '3 I a'v a I Notary Registration Number: el C c �.`` LL•�.B hF ,, EniZ =01 ®..s> ;z- 6 WITNESS the following signature and seal: Grantor: VB Holdings, LLC,a Delaware limited liability company By: National Electrical Benefits Funds, its Managing Member by National Real Estate Advisors, LLC, its Autho By: _rlit4 (SEAL) J ' r-i ire,President&CEO ;-TATC UF— DKs``:` r`�` C o S .CIT1 AUNTv Q ,to-wit: The foregoing instrument was acknowledged before me this J L day of August,2020,by Jeffrey J. Kanne, President and CEO of National Real Estate Advisors, LLC, Authorized Agent of National Electrical Benefits Funds, Managing Member of VB Holdings, LLC, a Delaware limited liability company,Grantor. ,21DA.JA-4iL2,4,4,et.“0 Notary Public My Commission Expires: l0(3 i f 24 Zc Notary Registration Number: A//A— .�•�RY'?U Fri. c 10'31-Z0 OF C�� 7 EXHIBIT "A" Parcel One: ALL THAT certain lot,piece or parcel of land,situate in the City of Virginia Beach,State of Virginia, being known, numbered and designated as Parcel A-2, 4.0402 Acres, on the plat entitled "Resubdivision of Property of A.R. Myers D.B, 200, P. 235, D.B. 1043, P. 424 and Parcel A Survey of Property of James A. Beasley,Jr.&Robert R. Beasley, M.B. 181 p. 27, Princess Anne Borough - Virginia Beach, Virginia" as recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,in Deed Book 2724,at Page 448. GPIN: 2425-25-5531-0000 Parcel Two: All that certain lot, piece or parcel of land located in the City of Virginia Beach, Virginia and designated as Parcel "A-2, GPIN: 2425-26-6489, area = 4,054,202 SF or 93.072 AC"as shown on that certain Plat entitled "Subdivision of Atlantic Shores, GPIN: 2425-16-5321, MB 303, PG 26, Virginia Beach,Virginia"which Plat was recorded in the Office of the Clerk of the Circuit Court of Virginia Beach,Virginia on November 14, 2007 as Instrument Number 20071114001531090. GPIN: 2425-26-6489-0000 H:\AM\Conditional Rezoning\Atlantic Development Associates\Dam Neck Road\Proffer Agreement_final 10-20- 2021.docx 9 83 ITEM— V.I.6 PLANNING ITEM#72352 Upon motion by Council Member Jones, seconded by Council Member Moss, City Council APPROVED, BY CONSENT, Application of HOLLAND LAKES ASSOCIATES, LC for a Conditional Use Permit re mini warehouse/self-storage facility at 3478 Holland Road DISTRICT 3—ROSE HALL BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA HOLLAND LAKES ASSOCIATES,LC for a Conditional Use Permit re mini warehouse / self-storage facility at 3478 Holland Road (GPIN 1486737186)DISTRICT 3-ROSE HALL The following conditions shall be required: 1. When the property is redeveloped, it shall be developed substantially as shown on the exhibits entitled, "Holland Lakes Storage Schematic Layout", dated August 2, 2021, and prepared by Silvercore Land Development Consultants and "Conceptual Landscape Plan, Holland Lakes Storage", dated October 11, 2021, and prepared by Frankenfield Design + Development,LLC, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. This is a deviation to the fifteen (15)feet landscape buffer, streetscape plantings, and fencing requirements. 2. A Landscape Plan shall be submitted that contains the plantings and screenings references in Condition 1 above that includes but not limited to the following: a. As depicted on the plan as the 10 feet landscape buffer, along adjacent properties that are residentially zoned, evergreen trees shall be installed at a minimum of six (6)feet in height and be allowed to grow and be maintained at a height of no less than ten (10)feet and the required shrubs shall be allowed to grow and be maintained at a height of no less than four(4)feet b. As depicted on the plan, the "Green Wall"shall be maintained for the duration of the use. 3. The exterior of the building shall be substantially similar in appearance, architectural features and materials as depicted on the exhibit entitled, `Mini Price Storage Holland Road Virginia Beach, VA", dated September 30, 2021,prepared by Finley Design, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 4. When the property is redeveloped, the existing freestanding sign for the shopping center shall be removed and replaced with a monument style sign that is substantially similar as depicted on the exhibit entitled, "Design No. 30180", dated October 6, 2021,prepared by Cardinal Sign Corporation, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. December 14, 2021 84 ITEM— VI.6 PLANNING ITEM#72352 (Continued) 5. All outdoor lights shall comply with the following: a. Shall be shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. b. Lighting fixtures shall not be erected any higher than fourteen (14) feet. c. Only motion activated lighting fixtures shall be installed at a height of no more than ten(10)feet along the easternly and southernly property lines that abuts the apartment district. 6. All on-site signage must meet the requirements and regulations of the Zoning Ordinance. A separate permit from the Department of Planning & Community Development is required for any new signage installed on the site. 7. The trailer on the property shall be removed within one hundred twenty(120)days of City Council action. 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 14`h day of December Two Thousand Twenty One. Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer-Ill John D. Moss December 14, 2021 7' pp utuJ N' \��� ty vi w co 'a N Q 9 Q z �.1.: � � o O -03 % % NJ � r. o 0 < RIVe I:TU d-ROad , � \ *� ap Q- i �N' Ali ?r t ''�� N Q or �Q�� �I �_//kJ" sit I , a ‘79 - 1 i - ---- -----'t-3- t 4* �r 0,co wAii4, o 00 ! � o r‘l_'' IP C a' .e2 \ tT gp „.,,,,, 2,0.7 drAlPir' 0*,, 0,7 ..4 ott .•4* , co rr(/**„V/44 / ^YIP* ir ° s 40 • • • 1 ' ' , ,?. ' gitt• N Li) CD CD * r Q l4'‘s --i 4t w►e-' 4, • off, if ar 4r2 c , 1: i:- ° ' ° - " 40 C.'A 047 l'ilV - • 16,4 • .14‘. 107 •P •:lik*.. ♦ j-. . ♦• N ♦i 5"a'ate dry� : a ' U r lOm� �� mi NI /,-,.- - il m � /� y = N5-----F4P\ ' 'v \ . . ),4) ‘• *4 h 44 !@ i cvs , ',‘4$,� a J.,_. �A N am ' '�' N O m = M 00 m r vici> N ' e & ,o Z r' ;pia / — t), �i, a N 44614 gip, Q ✓N) N y .(* ' .4? . 0 7 / e>2 N o co °= dmn N o ' i. 85 ITEM— V.I.7 PLANNING ITEM#72353 The following registered to speak: Brooke Corson,Applicant, 2700 Shirley Landing Drive, Phone: 207-459-5026, spoke in SUPPORT Allen Fabijan, 1301 Burrington Road, Phone: 412-9210, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Adam Walborn, 5349 Tamworth Place, Phone: 418-0920, spoke in SUPPORT Upon motion by Council Member Henley, seconded by Council Member Jones, City Council APPROVED, AS CONDITIONED, AS AMENDED, Application of MUTTS WITH A MISSION for a Conditional Use Permit re commercial kennel at 2700 Shirley Landing Drive DISTRICT 7—PRINCESS ANNE BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA MUTTS WITH A MISSION for a Conditional Use Permit re commercial kennel at 2700 Shirley Landing Drive (GPIN 1398326447)DISTRICT 7 —PRINCESS ANNE The following conditions shall be required: 1. There shall be no more than twenty(20)dogs on the property at any time over twelve(12) weeks old and a maximum of ten (10)dogs under twelve (12) weeks old on the property at any time. This count excludes all graduated service dogs and up to four (4) of the applicant's personal dogs. 2. All dogs, when outside, shall be supervised at all times, and shall not be a nuisance to any other property owners or residents. 3. The dog kennel and dog training area shall be maintained in a safe and sanitary condition. 4. All dogs shall be kenneled within the single-family dwelling between the hours of 9:00p.m. to 7:00 a.m., with an exception to breaks for urination and defecation. 5. No dogs shall be kenneled within the indoor training facility(barn). 6. All signage on the site must be in accordance with sign regulations of the Zoning Ordinance. 7. All animal waste from the dog kennel shall be collected and disposed of in a lawful manner on a daily basis. 8. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. 9. Dog shows shall be prohibited. 10. There shall be no breeding of dogs on this site. December 14, 2021 86 ITEM— V.I.7 PLANNING ITEM#72353 (Continued) 11. All Special Events on the site shall be permitted by the Special Events Office and be restricted to up to four events per year or as deemed appropriate by the Special Events Office. 12. The applicant shall comply with Section 223 of the Zoning Ordinance. 13. All vehicles associated with the Commercial Kennel, including special events or other activities, shall be parked onsite and shall not be parked within the public right of way. 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 14`h day of December Two Thousand Twenty One. Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer-Ill John D. Moss December 14, 2021 m a) tL o c O 3 0 v 0 ao v 0 N M O O O co 0 r Q \De gc ' s .-13 l' g/i. .- •: I c . , . , , I w w II ,. s O / Q N a I o C / o i a, _------B�I�a�ckwate�r-Road=-----"� 2 000 0 N 0 1 ° \ Q o f -a• Q 0 II 87 ITEM— V.L APPOINTMENTS ITEM#72354 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: 2040 VISION TO ACTION COMMUNITY COALITION AGRICULTURAL ADVISORY COMMITTEE BEACHES AND WATERWAYS ADVISORY COMMISSION BIKEWAYS AND TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS CITIZEN OVERSIGHT BOARD COMMUNITY ORGANIZATION GRANT(COG)REVIEW AND ALLOCATION COMMITTEE GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HISTORIC REVIEW BOARD INVESTIGATION REVIEW PANEL MINORITY BUSINESS COUNCIL OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION RESORT ADVISORY COMMISSION SOUTHEASTERN PUBLIC SERVICE AUTHORITY TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE WETLANDS BOARD December 14, 2021 88 ITEM— V.L APPOINTMENTS ITEM#72355 Upon NOMINATION by Council Member Jones, City Council APPOINTED: SHARON FELTON Representing:Historic Preservation Commission LA WRENCE KLIEWER WILLIAM ALMOND Representing:Design Professionals JASON NIXON Representing:Family Member TARA REEL BRIAN RICARDO Representing: Citizens affected by 5/31 tragedy GEORGE ALCARAZ COSETTE LIVAS SYLVIA STRICKLAND CHARLOTTE ZITO Representing: Citizens KURTIS HOOKS Representing:Mental Health Professional SHELBYSLUTZKER Representing:Ex-Officio, non-voting, Family/Survivor Liaison No Term 5/31 MEMORIAL COMMITTEE Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer-Ill John D. Moss December 14, 2021 89 ITEM— V.L APPOINTMENTS ITEM#72356 Upon NOMINATION by Council Member Jones, City Council APPOINTED: ANDREW LEWIS Representing:Bike and Trails Community Three year term 12/14/2021 —11/30/2024 BIKEWAYS AND TRAILS ADVISORY COMMITTEE Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer-Ill John D. Moss December 14, 2021 90 ITEM— V.L APPOINTMENTS ITEM#72357 Upon NOMINATION by Council Member Jones, City Council APPOINTED: CIERRA REID CAYDENBRASWELL Representing:High School Students 12/14/2021— 7/31/2022 CLEAN COMMUNITY COMMISSION Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, Aaron R. Rouse, Guy K Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer-Ill John D. Moss December 14, 2021 91 ITEM— V.L APPOINTMENTS ITEM#72358 Upon NOMINATION by Council Member Jones, City Council APPOINTED: DR. CAITLINPEDATI Representing:Director- Virginia Beach Department of Public Health No Term COMMUNITY ORGANIZATION GRANT(COG)REVIEW AND ALLOCATION COMMITTEE Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Mayor Robert M.Dyer-Ill John D.Moss December 14, 2021 92 ITEM— V L APPOINTMENTS ITEM#72359 Upon NOMINATION by Council Member Jones, City Council REAPPOINTED: DAVID WEINER Representing:Planning Commission One year term 1/1/2022— 12/31/2022 BIKEWAYS AND TRAILS ADVISORY COMMITTEE Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer-Ill John D. Moss December 14, 2021 93 ITEM— V.L APPOINTMENTS ITEM#72360 Upon NOMINATION by Council Member Jones, City Council APPOINTED: DR. CAITLIN PEDATI Representing:Ex-Officio, Director- Virginia Beach Department of Public Health No Term HEALTH SERVICES ADVISORY BOARD Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer-Ill John D. Moss December 14, 2021 94 ITEM— V.L APPOINTMENTS ITEM#72361 Upon NOMINATION by Council Member Jones, City Council APPOINTED: GLENN CARWELL Unexpired term thru 12/31/2023 DEREKDUBAY Three year term 1/1/2022—12/31/2024 HISTORIC PRESERVATION COMMISSION Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer-Ill John D. Moss December 14, 2021 95 ITEM— V.L APPOINTMENTS ITEM#72362 Upon NOMINATION by Council Member Jones, City Council REAPPOINTED: DEE OLIVER Representing:At Large One year term 1/1/2022—12/31/2022 PLANNING COMMISSION Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, Aaron R. Rouse, Guy K Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Mayor Robert M.Dyer-Ill John D.Moss December 14, 2021 96 ITEM— V.L APPOINTMENTS ITEM#72363 Upon NOMINATION by Council Member Jones, City Council APPOINTED: ROBERT TAYLOR Unexpired term thru 12/31/2022 Plus three year term 1/1/2023—12/31/25 And REAPPOINTED: TYLER BROWN Representing Resort Retailer MIKE EASON WILLLAM GAMBRELL Representing Restaurant Association MICHAEL LEVINSON Three year term 1/1/2022—12/31/2024 RESORT ADVISORY COMMISSION Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Mayor Robert M.Dyer-Ill John D.Moss December 14, 2021 97 ITEM— V L APPOINTMENTS ITEM#72364 Upon NOMINATION by Council Member Jones, City Council NOMINATED FOR GOVERNOR'S APPOINTMENT: THOMAS LEAHY SOUTHEASTERN PUBLIC SERVICE AUTHORITY Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Barbara M. Henley, N. D. "Rocky"Holcomb, Louis R. Jones, Aaron R. Rouse, Guy K Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Mayor Robert M. Dyer-Ill John D. Moss December 14, 2021 98 ADJOURNMENT ITEM#72365 Vice Mayor Rosemary Wilson DECLARED the City Council FORMAL SESSION ADJOURNED at 8:22 P.M. Terri H. Cheli Chief Deputy City Clerk Amanda Barn , MMC Rosemary Wilson City Clerk Vice Mayor December 14, 2021