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Home My WebLink AboutAUGUST 16, 2022 FORMAL SESSION MINUTES \,,,_ 91�.y�l/ Y is _ °f ouR NAZ -- VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia August 16, 2022 Mayor Robert M.Dyer called to order the CITY COUNCIL MEETING in the City Council Chamber, City Hall, on Tuesday, August 16, 2022, at 1:30 P.M Council Members Present: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Delceno C. Miles,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None 2 CITY COUNCIL'S BRIEFINGS VBCPS SCHOOL REPLACEMENT UPDATE ITEM#73133 1:32 P.M. Mayor Dyer welcomed Melisa A. Ingram, Executive Director, Office of Facilities— VBCPS. Ms. Ingram expressed her appreciation to City Council for their continued support: VIRGINIA BEACH CITY PUBLIC 1101001-3 CHARTING THE COURSE Public — Private Education Facilities and Infrastructure Act (PPEA) Interim Agreement By:The Department of School Division Services Office of Facilities Services City Council Brief Tuesday,August 16,2022 Here is the Interim Agreement— Three Replacement Schools with a Not-to-Exceed Total of$15,404,544: Interim Agreement—Three Replacement Schools CIP 1-015 Princess Anne High School Replacement $162,650,000 CIP 1 028 B.F.William ES/Bayside 6th(Grades 4-6) $68,387,500 Replacement CIP 1-029 Bayside High School Replacement $197,700,000 Total $428,737,500 Proposed Interim Agreement Not-to-Exceed Total $15,404,544 161 55%of Total Design Budget 3.6%of Total Budget • •.1 August 16, 2022 3 CITY COUNCIL'S BRIEFINGS VBCPS SCHOOL REPLACEMENT UPDATE ITEM#73133 (Continued) Here is an overview of PPEA RFP#5083. PPEA RFP#5083 ❑June 2021-April 2022:Unsolicited Proposal&RFP Open ❑April 2022:Short-List Preferred Proposer ■ SBBCC(S.B.Ballard Construction Company) ❑April 2022:School Board Workshop ❑June 2022:School Board Public Hearing&Information L Proposed Interim Agreement • Not to Exceed Total:$15404,544 Action:Aug/Sept 2022-Interim Agreement:One Year design with public input �. o� < to im_Agreement 12 months''Aug/Sept 2022-A___ u_ of Jc� ,k (1) • Educational Specification Process �� Go �5`' A•`,'' • Conceptual Plan&Building Options—Design a�� `o� Quo Charettes (o \ Q c- o ,tea •Schematic Design Phase QQ oar 0' •Design&Engineering Documents Phase 30% ,nnc QQ�P O�ro 4z>•GMP Pricing&Comprehensive Agreement O ro Comprehensive ' A regiment Aug g�2 Sept 2022 Dec March July/August 2023 6 +/- SummerYears 2029 Here are a few of the Benefits of the PPEA Process: Benefits of the PPEA Process ❑Schools Open Sooner • • Princess Anne High School— projected completion 1 year early • Bettie F.Williams/Bayside 6th—projected completion 3 years early • Bayside High School—projected completion 2 years early ❑Cost Savings cc- er I • Earlier Completion - a44 °' • Contractor and A&E Team _ v� ♦�� ♦�, • Guaranteed Maximum Price(GMP) •dam ` •1• '�� 0 ❑Prototype High School Plan m s, • Bayside High School plan can be used for First Colonial,Kempsville and Green Run High Schools ❑Financial Commitments • Commits to funding beyond 6-year CIP • Allows additional financing option ❑ Interim Agreement:$15.4 million-All funds appropriated August 16, 2022 4 CITY COUNCIL'S BRIEFINGS VBCPS SCHOOL REPLACEMENT UPDATE ITEM#73133 (Continued) Here are the Timelines Achieved: Where We've Been Timelines Achieved June-Aug 2021 PPEA Unsolicited Proposal Receipt&Acceptance PPEA Request for Proposals#5083 Competing Conceptual-Phase&Detailed-Phase Oct 2021-April 2022 Proposals with 2 Offers Received • S.B.Ballard Construction Company • Heartland Jordan J.V. April 26,2022 ➢ School Board Workshop May June 2022 Finalize Interim Agreement with Preferred Proposer and Post Publicly On-Line June 28,2022 > School Board Public Hearing School Board Information July 5,2022 i City Council Information Here are the Critical Milestones: What's Next Critical Milestones Aug 9,2022 fr School Board Action—INTERIM AGREEMENT(1 Year) Aug 16,2022 City Council Brief Sept 6,2022 r City Council Action—INTERIM AGREEMENT(1 Year) If Approved by School Board&City Council: Interim Agreement Not-To-Exceed Total:$15,404,544 Sept 2022/ 55%of Total Design Budget Spring 2023 3.6%of Total Budget Design Matures through Input Process • Review Work Performed Under Interim Agreement ➢ Negotiate Comprehensive Agreement for GMP ' '1 • rf,4a Lat- ritl��Icj I _ j r ! ;lit Spriii 2023— June 2029 ComprehE nsive Agreement-Coictructicn 6+1_Yeas I — VIRGINIA 135A C N C'T Y AUEILIC August 16, 2022 5 CITY COUNCIL'S BRIEFINGS VBCPS SCHOOL REPLACEMENT UPDATE ITEM#73133 (Continued) Thank You Aaron C.Spence,Ed.D.,Superintendent School Division Services Jack Freeman,Chief Operations Officer Office of Facilities Services Melisa A.Ingram,Executive Director VIRGINIA E'L C N C T Y 3 U B t I C 5 C 4 0 O L 5 Mayor Dyer expressed his appreciation to Ms. Ingram for the presentation. August 16, 2022 6 CITY COUNCIL'S BRIEFINGS JUDICIAL CENTER (JUDGES)SECURITY PARKING UPGRADES ITEM#73134 2:06 P.M. Mayor Dyer welcomed Shawn Rockwell, P.E., Interim Facilities Engineer—Public Works. Mr. Rockwell expressed his appreciation to City Council for their continued support: CITY OF VIRGINIA BEACH JUDICIAL CENTER PARKING SECURITY UPGRADES City Council Presentation-August 16,2022 Shawn M.Rockwell,P.E.,Public Works Interim Facilities Engineer Virginia Beach Here is the Agenda: Agenda • Judicial Center Parking Security Upgrades • Project Overview • Design Status • Select Renderings of Design Solution • Estimated Project Timeline • Estimated Budget Requirements • Next Steps August 16, 2022 7 CITY COUNCIL'S BRIEFINGS JUDICIAL CENTER (JUDGES)SECURITY PARKING UPGRADES ITEM#73134 (Continued) Here is the Project Overview, Design Status: Protect Overview, Design Status Mitigate Security Vulnerabilities in the Judges'Parking areas • Threat Assessment Report completed by VBSO,July 1,2017 • Enhancements outlined in the report include: • Installation of cameras to cover parking areas,exterior doors • Parking lot perimeter enhancements,such as a higher brick walls or tall fence,to adequately conceal the enclosed areas from public view. • Funds provided($250k)in the FY2021-22 budget for design • Design Start: November 24,2021 • Design Status: Underway(Moseley Architects) • Design Completion: August 30,2022 The next several slides provide renderings of the proposed Security Upgrades Per Zone. a .r r i.=, ; m `-- t-.r , 2 .# Security 'r toy . 'L ' - ' Upgrade s int', u�' _ ,-r Per Zone qiiiii 1414vo ir, . it til, ' � t.. i _ S ---imgmMOSELEYARCHITECTS • August 16, 2022 8 CITY COUNCIL'S BRIEFINGS JUDICIAL CENTER (JUDGES)SECURITY PARKING UPGRADES ITEM#73134 (Continued) NW 1111111, I 1 all - T . ZONE A—B SPACE LOT... s TONE 8•4 SPACE LOT... -�,_Existing brick/maso y se it wills ZONE b �, —--,�, .t .—� re in. • <r 4 -. I' t ` Provide 8'tall non-clintbabl=_•/ ` i opaque pre-finished steel , _ i< �� IT fencing.Provide opaque steel paru� r • . , It: t tfrom same manuf)between the ZONE B I ( pickets to prevent visibility:411 • Remove existing lift a rcn gate set and. ;ti 1 As " ry replace with B'tall nonebmbable/ �t'1( . .4 tit + • opaque pre-finished steel sliding - 4,, Y� - 1 t<. gate.Provrde opaque steel panels r } itom same manuf)between the ..f?- ,/ -` pickets to prevent visibility. s Gate shall be powered and connected`' r.,."1• to CYB Card Access system.Caperp_ '► • 1 -t--..M ti ;rowed. `•- , _ .; ��i .provide security cameras all 4 comers:: 41116 Ff zone,connected to CV8 CCTV of .r ,riy.,i,.??'-, d 1 . MP 1 i • y`y]]'.��e A` Add concrete walkway to move A ,` . i`3 r,i - - -. �� ..r -_ detainees away from vehicles. E — •s, iiiii 11, .4 • TONE c_2p SPACE lot••. IIIIIIIr4,:- -k_ "*-- r I — • — _.Eldsting brick/masonry seat wa) ZONE A -1 remain. �` I4 g (( `= PfnV'-le tt'I• UIe/ -: ,• ' ! 1,4 s — - k A-.. r , opaque,pre-finished steel Ilir ii {lncirr,provide opaque steel pantile bag. �ffrom same manuf)between the ZONEB s .. I • picket•.to prevent vbiWiity ~'' — - • _ t iiie � -Aemoveaxiatinglittarmgatesetand — Ye aque with tall steel el sliding e/ r opaque pm-finished steel slidin _ • = gate.Provide opaque steel panels ZONE ' [` _t— (from same nunuq between the < t ril r,, , plrkets too prevenr visibility. • ,_ - Gate shall be powered and connected Act,VB Cord Access system.Camera �F { �.► . "P'i Provide sectuity cameras all 4 come t rt - '•t 1 .of zone,connected to NB CCTV E system. ( t�G,,,,,/ �i- is .ram +!ter,- e4� 1 `r i y — i 'Expand lot to accommodate P more • --- �- spaces,yielding 26[otai spaces. Remove 2 Ares and portion of J •ate`�sv: ertiNlrtg screen wall r .; _ . • _ MOSELEYARCHITECTS August 16, 2022 9 CITY COUNCIL'S BRIEFINGS JUDICIAL CENTER(JUDGES)SECURITY PARKING UPGRADES ITEM#73134 (Continued) A�..,,.a, - -- • Renderings r Zone A • . 7 , . ,,,_,,c_, , t ..:0 i , , • 7 - _._ _ ..___ _ ____. 1 \'" k r"--7,.. , , ,, • i_...Le s E rY MOSELEYARCHITECTS '4l fir' s , . A t - w f � .. t-- . > - ' -."' .� ,.- _ .• •ram _- �'� y1,•>4 'lam^- - wyR .i 1. ��/ _ s t-_ 5 =r- ems- , _ ..ss A.1 Frond+ �` nne-Rd_ ... ----.7 ...-�- L- -i�`. ''. :r MOSELEYARCHITECTS t OAPs August 16, 2022 10 CITY COUNCIL'S BRIEFINGS JUDICIAL CENTER (JUDGES)SECURITY PARKING UPGRADES ITEM#73134 (Continued) r Y- sir. C ..J , i. -,^-*--. , '-1: - P ,,,, . 1.1=r• -f -_ �-�/ k � f�+ - • .. '' "-XV..''• . r4/1 7 wed- 1 . (fin-V',i, r _ I\ - - --� - - _ .'-"'fir_ _ _ j. k. it`+-- >-�C�-'ter- ~y_ -S - — n v A.1,t From-" nn�td,_Proposed _ _ - = "y" `; MOSELEYARCHITECTS z -: : �. : ems', ' Ito ` - ,yam s'- t `;.t" d'_ ;- 4'1' t 1a4_: ,.J` h Ri i• pa "101 Illifilk , , itc f.4. ***...414-m-244.,4 -- ,s,•— -,...s,s- . •Az-,,..44vir.40,44,14r.. , .. . el ,---, :...,,, _ r„r,,- . ,si. - :_-- . - .....„:„...- -:..-- _ -,,, ;.. , ....,, x_ . ... , ,.,..r...:,,,,,-__)--.-T.,,;.. - .. ■ _ - ,. 'i.e.{r • �, ` Lam:-. � . '4 f I : ...,,_ ','Igi ;if - ,., ... . if -1 -7.4,-: -... -, -....--fir.._ `— --. -,e_- - -'�: »� ..�_ A:2 Fr IY1 �" d, -..1 : �-sue. : w -�„t; _,.�x _� ,,-ei_ MOSELEYARCHITECTS August 16, 2022 11 CITY COUNCIL'S BRIEFINGS JUDICIAL CENTER (JUDGES)SECURITY PARKING UPGRADES ITEM#73134 (Continued) de -L.' •t.K _ T .1 : , �+ •J `ter . • •.•'Aezf; `y A.2- From vd -Pr - -� - - MOSELEYARCHITECTS Here is the Potential Project Timeline: Potential Project Timeline ------------- • Design&Acquisition(Bidding)Phases • Design Start: November 24,2021 • Design Completion: August 30,2022 • Advertisement: October/November 2022 • Contract Award: January 2023 • Construction Administration Phase • Work Start: February 2023 • Substantial Completion: August 2023 • Design includes Planning,Development Services Center Review(est.30 to 45 days) • Historical Review Board,scheduled for August 17,2022 August 16, 2022 12 CITY COUNCIL'S BRIEFINGS JUDICIAL CENTER (JUDGES)SECURITY PARKING UPGRADES ITEM#73134 (Continued) Here is the Estimated Budget Requirements: Estimated Budget Requirements Funding Project Needs Remarks Design Funding $250,000 - Provided in FY2021-22 Budget Total Design Fees - $199,019 Original Design,plus Renderings Construction Estimate - $650,469 Architect's estimate plus 15%mark-up for labor&material volatility Cameras,monitors,cabling - $ 77,871 Contractor quote dated March 30,2022,plus 15%mark-up Contingency - $ 162,617 25%contingency • Budget Transfer Request $839,976 - Totals $1,089,976 $1,089,976 Here are the Next Steps: Next Steps If City Council elects to move forward with the project,City staff has identified funding sources and brought forth a budget transfer request and ordinance for City Council's consideration. August 16, 2022 13 CITY COUNCIL'S BRIEFINGS JUDICIAL CENTER (JUDGES)SECURITY PARKING UPGRADES ITEM#73134 (Continued) • f- pact i.'• .."+,.•;y:� t.,;" • �• lit .► _:.. • ► ,fir ..d.,�. • A. + pr'1 y•71 Rs rt f•- I. • Y 0 s Mayor Dyer expressed his appreciation to Mr. Rockwell for the presentation. August 16, 2022 14 CITY COUNCIL'S BRIEFINGS RUDEE LOOP& CONVENTION CENTER RFII UPDATE ITEM#73135 2:28 P.M. Mayor Dyer welcomed Taylor V.Adams, Deputy City Manager. Mr.Adams expressed his appreciation to City Council for their continued support: ate ----.« ,. Rudee Loop RFII Tay►or Adams,Deputy City Manager City Council Briefing,August 16,2022 VA3 Here is a summary of the RFII: RFII • RFII is seeking interest in, and ideas for, the overall development of Rudee Loop • Issued May 26, 2022 y • Three responses received July 25, 2022 ,y �'S": AIMEE LOOP LOCATION • RFII references 2030 RASAP and desire for open space in this area • In order to be considered for a Phase II RFP process, must submit a proposal in Phase I RFII conomic Development'August 18,2022 l Rudee Loop RFII 2 August 16, 2022 15 CITY COUNCIL'S BRIEFINGS RUDEE LOOP& CONVENTION CENTER RFII UPDATE ITEM#73135 (Continued) Here is a map of parcels at Rudee Loop: • Exhibit A- ` � „Iwo& = ' - , _mot_._-_____ •,r(.I�y`_s• , City la Parcels 4 � Azt Aa• _ _- City of Virginia Beach 04Au z (5 7 Acres) ` n �.�} • - AN Virginia .nocAN. ., Be4 :nt h � ` � Jr ! �O• 2. Deopin I Aurityegi. ; l 6 2 Acres Total •� •, � ' ,onomic Development I August 18.2022 l Rudee Loop RFII 3 RFII Required Submittals • No more than 20 pages • Developer's concept and any anticipated public participation • Developer's current financial capacity • Examples and photos of experience with similar projects • List of current active development projects • Development team resumes • Conflict disclosure • References Economic Development I August 18 2022 I Rudee Loop RFII 4 August 16, 2022 16 CITY COUNCIL'S BRIEFINGS RUDEE LOOP& CONVENTION CENTER RFII UPDATE ITEM#73135 (Continued) The next two (2)slides provide an overview of the Bruce Smith Enterprises,LLC and Madison Marquette, Amanda Hofer proposal: Bruce Smith Enterprises, LLC and Madison Marquette, Armada Hoffler • 75,000 SF Retail, Food and Beverage • 225,000 SF 4-Star Hotel (12 stories) • 85,000 SF Condominium Hotel (9 stories) • 132,000 SF Apartments (13 stories) • 123,000 SF 3-Star Hotel (13 stories) • 875-space Parking Garage (57 of these are surface spaces) • 4.11-acre park with sidewalks and public amenities to include a stage, artwork, sports, dog park, etc. unomic Development l August 16,2022 I Rudee Loop RFII 5 Bruce Smith Enterprises, LLC and Madison Marquette, Armada Hoffler • Development to be paid for by Developer • City to pay for infrastructure, public parking garage, public park and potential convention space for the hotel Economic Development August 16,20221 Rudee Loop RFII 6 ---4111111 August 16, 2022 17 CITY COUNCIL'S BRIEFINGS RUDEE LOOP& CONVENTION CENTER RFH UPDATE ITEM#73135 (Continued) The next two (2)slides provide an overview of the Gold Key/PHR Proposal Option 1: Gold Key/PHR Proposal Option 1 • 7-acre park with restrooms, dog park, skate park, public art, Surf Hall of Fame Walk • 522-space parking garage • 66 on-street parking spaces • 177-multifamily units wrapping garage • Retail/Commercial space on ground floor °No Public Participation Identified at this time .conomic Development I August 16.2022 I Rudee Loop RFII - RUDEE LOOP PARK IpTE run haw.116................. • CV • y... t lb... L.r�. w. __ ....ywn.w It'ff-yrw..740111T) ..,.. , lir _ , =CM= - ® is t 1 *' 1 ---•: :,0 r ' r illr* 4iTilision.l., • --1Wsrf\c "' , ..- gli ~ art ,e M 1141 WI'. ' ' t \ 7 August 16, 2022 18 CITY COUNCIL'S BRIEFINGS RUDEE LOOP& CONVENTION CENTER RFII UPDATE ITEM#73135 (Continued) The next three(3)slides provide an overview of the Gold Key/PHR Proposal Option 2: Gold Key/PHR Proposal Option 2 • 7-acre park with restrooms, dog park, skate park, public art, Surf Hall of Fame Walk • 522-space parking garage • 66 on-street parking spaces • 177-multifamily units wrapping garage • Retail/Commercial space on ground floor • 250-room hotel on Schooner property *No Public Participation Identified at this time Economic Development!August 16.2022I Rudee Loop RFII - 9 ,A1111 - RUDEE LOOP L PARK + '•1 arc ruw . •eN • . E LMWO.w.�M 041,3 in' " 1111111111111; sommi t ..�4..•..r,Lr A•.• f inn • • '=-\\ . iir.4111116. 110 • August 16, 2022 19 CITY COUNCIL'S BRIEFINGS RUDEE LOOP& CONVENTION CENTER RFH UPDATE ITEM#73135 (Continued) um.•,. ,.. tvo Ate!f to r' * Poor PlF' The next two (2)slides provide an overview of the Virginia Gentleman Foundation Proposal Option 1: Virginia Gentleman Foundation Proposal Option 1 • Park with skate park, playgrounds, event stage • 665-space parking garage • Surf Museum, concessions, restrooms wrapping garage • Open space design, more grass than hardscape • Jetty walk *No Public Participation Identified at this time Economic Development j August 16.2022 Rutlee Loop RFII - 12 August 16, 2022 20 CITY COUNCIL'S BRIEFINGS RUDEE LOOP& CONVENTION CENTER RFII UPDATE ITEM#73135 (Continued) illt . -' ----;(-0.' '- otar ..— •A 13 The next two (2)slides provide an overview of the Virginia Gentleman Foundation Proposal Option 2: Virginia Gentleman Foundation Proposal Option 2 • Park with skate park, playgrounds, event stage • 665-space parking garage • Surf Museum, concessions, restrooms wrapping garage • More hardscape "fishing plaza" on perimeter of site • Expanded jetty walk *No Public Participation Identified at this time Economic Development I August 18.2022 I Rudee Loop REM 14 August 16, 2022 21 CITY COUNCIL'S BRIEFINGS RUDEE LOOP& CONVENTION CENTER RFII UPDATE ITEM#73135 (Continued) r,.....i.4,1 vittiAiat- -:, , -: 116 . ,.. - ..„ __, , _ — .....:_ :... , , .. , a I Via"'„' . - ,, '� `• —7.'� b.,..., K. - - .s..., Ai -1,; 11-" -.... _ * . � M -s \ (q 4 : 4 . _ , ...., , .___ „ _ „,._ 15: Questions Economic Development I August 18,2022 I Rudee Loop RFD 16 allinil Mayor Dyer expressed his appreciation to Mr.Adams for the presentation. August 16, 2022 22 CITY COUNCIL'S BRIEFINGS CHANGES TO THE CITY'S ELECTION SYSTEM UPDATE ITEM#73136 2:45 P.M. Mayor Dyer welcomed Christopher S. Boynton, Deputy City Attorney. Mr. Boynton expressed his appreciation to City Council for their continued support: J1 'a. V l-- L7 ei►►rN.dj` Update on Changes to City's Election System CITY COUNCIL PUBLIC BRIEFING AUGUST 16, 2022 CHRISTOPHER S. BOYNTON, DEPUTY CITY ATTORNEY Here is the Outline: Outline Pre-2022 Election System Holloway Case History & Status 2021 General Assembly Action What's Next? , August 16, 2022 23 CITY COUNCIL'S BRIEFINGS CHANGES TO THE CITY'S ELECTION SYSTEM UPDATE ITEM#73136 (Continued) Here is an overview of Pre-2022 Election System: Pre-2022 Election System • Governed by City Charter§3.01 (enacted by General Assembly) 11 members • 4 members(incl mayor)elected at large(may reside anywhere in city) 7 members elected from residence districts at large Residence districts of approximately equal population Existed in such form since 1996 (substantially same since 1967) Two referenda in 1990s with opposite outcomes District boundaries adjusted after each decennial census School Board elected using same method (City Charter§16.04) Chair elected by members of School Board,not public Chair does not have to be an at large member Timeline of Recent Events Affecting City's Election System Holloway et al. v. City of Virginia Beach et al. • Case filed in United States District Court in 2017 • Trial October 6-14,2020 Trial court's liability order March 31, 2021 Trial court's remedial order December 22, 2021 Court of Appeals order vacating trial court's orders July 27,2022 2021 General Assembly Changes to Virginia Law HB2198 HB1890/SB1395 August 16, 2022 24 CITY COUNCIL'S BRIEFINGS CHANGES TO THE CITY'S ELECTION SYSTEM UPDATE ITEM#73136 (Continued) Here is an overview of Holloway v. City of Virginia Beach: Holloway v. City of Virginia Beach 2017—Plaintiff Latasha Holloway sued City alleging single minority Section 2 VRA claim Response has always been that not possible to draw compact majority single minority district • 2018—Georgia Allen became Plaintiff Campaign Legal Center,D.C. public interest law firm,entered case New allegation—City's at large election system violates Section 2 of federal Voting Rights Act as to combined HBA minority group("coalition"claim) • City disputed factual and legal assertions • Bench trial October 6-14, 2020—no ruling issued Here is a summary of Virginia House Bill 2198: Virginia House Bill 2198 Adopted by 2021 Virginia General Assembly Notwithstanding any other provision of law, general or special, in a locality that imposes district-based or ward- based residency requirements for members of the governing body, the member elected from each district or ward shall be elected by the qualified voters of that district or ward and not by the locality at large. Also applicable to School Board August 16, 2022 25 CITY COUNCIL'S BRIEFINGS CHANGES TO THE CITY'S ELECTION SYSTEM UPDATE ITEM#73136 (Continued) Here is a summary of Virginia Voting Rights Act(HB 1890&SB 1395): Virginia Voting Rights Act (HB1890 & SB1395) Adopted by 2021 Virginia General Assembly An at-large method of election, including one that combines at-large elections with district-or ward-based elections, shall not be imposed or applied by the governing body of any locality in a manner that impairs the ability of members of a protected class, as defined in § 24.2-1 25, to elect candidates of its choice or its ability to influence the outcome of an election, as a result of the dilution or the abridgement of the rights of voters who are members of a protected class. Established pre-clearance process with Virginia Attorney General Also applicable to School Board Here is the Combined Effect of 2021 General Assembly Actions: Combined Effect of 2021 General Assembly Actions Even without Holloway case... Pre-2022 system changed because of state law 7 residence districts became wards(HB 2198) Citizens would no longer elect all 11 City Council representatives Vote on single representative for their ward and 3 at large seats(plus Mayor) 3 remaining at large districts subject to potential later challenge(VVRA) August 16, 2022 26 CITY COUNCIL'S BRIEFINGS CHANGES TO THE CITY'S ELECTION SYSTEM UPDATE ITEM#73136 (Continued) Holloway Case Timeline March 31, 2021 —Trial Court Liability Opinion&Order Ruled pre-2022 election system violates VRA Section 2(coalition theory) Enjoined further elections under pre-2022 system December 22,2021 —Trial Court Remedial Order Imposed 10-1 ward district system using maps drawn by Special Master Three of 10 districts are majority-minority districts("Minority Opportunity"Districts) Special Master incorporated 2020 Census data City began implementation of 10-1 system immediately after remedial order July 27,2022—Appeals Court vacated trial court's liability and remedial orders Ruled case was mooted by HB 2198—Challenged system no longer existed Ruling did not address underlying"merits"(legal or factual viability of coalition claim) The next two (2)slides provide, "What Comes Next..." What Comes Next... City no longer under court order regarding election system Plaintiffs no longer"prevailing parties"for attorneys'fees claim Case remanded to trial court for Plaintiffs to assert amended claims November 2022 City Council/School Board elections will use 10-1 system Court-ordered system was pre-cleared by VA OAG Candidate filing deadline was June 21,2022 Precincts and polling locations updated to reflect 10-1 system Change for November 2022 would require General Assembly action Deadline for finalizing ballots is August 19,2022 August 16, 2022 27 CITY COUNCIL'S BRIEFINGS CHANGES TO THE CITY'S ELECTION SYSTEM UPDATE ITEM#73136 (Continued) What Comes Next. . . November 2024 City Council&School Board elections Not yet determined City charter provides for 7-3-1 system HB 2198 makes 7 residence districts into ward districts City can pursue charter or statutory changes in 2023 or 2024 General Assembly session Could pursue continuing 10-1 system,returning to 7-3-1 as modified by HB 2198,or other system Any system would need to comply with federal Voting Rights Act,Virginia Voting Rights Act,and HB 2198 Holloway case remains pending in U.S.District Court Any system would likely require redistricting ordinance(other than all at large system) Here is the Summary: Summary November 2022 Elections— 10-1 ward system November 2024&Beyond—Undetermined Any change from 10-1 system will need to comply with VRA, VVRA, and HB 2198 17 August 16, 2022 28 CITY COUNCIL'S BRIEFINGS CHANGES TO THE CITY'S ELECTION SYSTEM UPDATE ITEM#73136 (Continued) Questions/Discussion 13 Mayor Dyer expressed his appreciation to Mr. Boynton for the presentation. August 16, 2022 29 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#73137 3:35 P.M. Council Member Berlucchi advised he has been received citizens'complaints concerning an establishment on Waverly Drive who is operating an event every weekend from 2:00— 6:00 A.M. without the necessary permits. Council Member Berlucchi advised the establishment has been cited but still continues to promote the event on Facebook. Council Member Berlucchi requested the City Manager and Police continue to enforce the permit requirements. August 16, 2022 30 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#73138 (Continued) Council Member Berlucchi expressed his concern that there is not enough public information regarding the monkey pox pandemic from the symptoms and effects to where citizens can receive vaccinations. Council Member Berlucchi advised he has been in contact with the Directors from the Health and Communications Departments and while they both have been responsive,public information is still needed to provide clarity. Council Member Berlucchi requested the City Manager provide more information as soon as possible, expressing specific concern for students who are getting ready to begin the new school year. August 16, 2022 31 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#73139 (Continued) Council Member Berlucchi advised on Saturday,August 13, 2022, he and Council Member Miles attended an ambulance dedication ceremony at the Ocean Park Volunteer Rescue Squad. Council Member Berlucchi advised it was a very nice event with great food and expressed his appreciation to all of the volunteers for their hospitality and dedicated service. August 16, 2022 32 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#73140 (Continued) Council Member Henley advised it has been approximately nine (9) months since the Body adopted the Ordinance to establish the Flood Prevention Bond Referendum Oversight Board who is tasked with providing the Body a briefing every two (2) months and the Body has only been briefed one (1) time. Council Member Henley requested the Body receive a briefing as soon as possible and include the flood mitigation work that has been completed since Hurricane Matthew. Council Member Moss advised the members for the Board were just recently appointed and suggested the staff liaisons convene a meeting with the members to provide them with the necessary information in order for them to provide the Body a briefing in September. August 16, 2022 33 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#73141 (Continued) Council Member Holcomb advised it was another weekend with the Police confiscating fifteen (15) illegal firearms off of the streets in the Oceanfront area. Council Member Holcomb advised five(5)of the weapons were stolen and requested to have more information from the Police Department on where the weapons are being confiscated,from suspects or are they being found in hidden places. Council Member Holcomb expressed his appreciation to the officers who are committed to taking these dangerous illegal weapons off of the street. August 16, 2022 34 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#73142 (Continued) Council Member Moss advised the proposed Noise Ordinance was deferred for sixty(60)days and offered to hold another public engagement event in order to gain as many recommendations as possible before the Ordinance is considered again. Council Member Moss requested Council Member Tower join him since he was part of the first public engagement event and believes having another public engagement event will eliminate anyone from feeling they were not given the opportunity to be heard. August 16, 2022 35 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#73143 (Continued) Council Member Moss advised he will be advocating to return half of the City's surplus from last year to citizens as it is clear the bottom 40%of the income distribution has been crushed by inflation and price hikes. Council Member Moss advised the Body cannot ignore this and believes the surplus can be applied to food banks or somewhere similar. August 16, 2022 36 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#73144 (Continued) Council Member Moss advised he recently received complaints of a home in Bay Island that the property owner claims to live there but neighbors complain the owner is never there and have seen Short Term Rental advertisements. Council Member Moss advised there seems to be an enforcement gap that needs to be looked into to keep the homeowner in compliance. Council Member Tower advised he does not disagree with Council Member Moss's statement but wants to reassure the public that there are no plans to make any changes to the Short Term or Home Sharing regulations and the incident Council Member Moss referred to is specific to that property. Council Member Henley advised she recently read a staff report regarding noise and nuisance complaints and read there were seven (7) Short Term Rental nuisance complaints in 2021 and none so far this year. Council Member Henley expressed it is outstanding news and reflects the success of the Short Term Rental Ordinances. August 16, 2022 37 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#73145 (Continued) Vice Mayor Wilson advised she has previously recommended having signs in place near the sites where stormwater projects are being performed and expressed her appreciation to City staff for placing the one on 17`h Street to bring awareness to the public. August 16, 2022 38 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#73146 (Continued) Council Member Miles advised one of her passions is affordable housing and wants to help ensure the Body is living up to the City's expectation of providing residents a, "Community for a Lifetime" that they can enjoy. Council Member Miles advised there are seventy (70) vacancies in the Police Department and employees who work at the oceanfront, as well as teachers, who cannot afford to live in the City. Council Member Miles advised there is an abundance of market rate housing but a shortage of affordable housing and would like to find ways to incentivize developers to set aside a portion of their developments to ensure affordability throughout the City. August 16, 2022 39 AGENDA REVIEW SESSION ITEM#73147 3:45 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: J. ORDINANCES/RESOLUTION 1. Resolution to AMEND Exhibit A — Paragraph 3 of RES #4132 (Approving the execution of the First Amendment to the Dome Site Development Agreement) re Allocation of the Performance Grant between phases of the Atlantic Park Project(Requested by Council Member Branch) 2. Ordinance to TRANSFER$839,976 to Capital Project# 100225 "Judicial Center Maintenance" re Judicial Center Parking Security Upgrades (Requested by Council Members Branch and Holcomb) 3. Ordinance to AWARD a $5,000 Community Services Micro-Grant to The Kenneth Dorsey Jr. Foundation re support back-to-school supplies drives, free haircuts and free mentoring and tutoring services for Virginia Beach students(Requested by Council Member Moss) 4. Ordinance to AMEND Appendix J, Agricultural Reserve Program (ARP) Section 4(d) re processing of animals as allowed by the City Zoning Ordinance (CZO) 5. Ordinance to AUTHORIZE the City Manager to EXECUTE a Second Amendment to the Purchase Agreement between the City and Princess Anne Hotel,LLC, at the intersection of Princess Anne Road and Community College Place 6. Ordinance to DECLARE approximately 4,693 square feet of City property at the intersection of Market and Columbus Streets, in EXCESS of the City's needs and AUTHORIZE the City Manager to enter into a Purchase Agreement for the sale to TC Hotel, LLC re construct twenty (20) additional hotel rooms 7. Ordinance to AUTHORIZE the acceptance of a dedication of approximately 0.619 acres of vacant land located on Leroy Road from Urban Associates—Foxfire re greenspace buffer 8. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property known as Lake Joyce and the twenty foot (20) strip of City property around Lake Joyce, located at the rear of 4528 Back Cover Road re construct and maintain rip rap, timber boat ramp, landscaping timber, existing wooden dock, block bulkhead, wood bulkhead and concrete boat ramp 9. Ordinance to EXTEND the date for satisfying the conditions re closing a 334 square foot portion of an unimproved right-of way adjacent to the rear of 317 45th Street August 16, 2022 40 AGENDA REVIEW SESSION ITEM#73147 (Continued) 10. Ordinance to APPROPRIATE$90,000 from the Oyster Heritage Trust Fund to the FY 2022-23 Public Works Operating Budget re oyster shell recycling 11. Ordinance to ACCEPT and APPROPRIATE$51,700 In Lieu of Park Reservation from Enclave at Victory subdivision development to CIP#100299, Park Playground Renovations III 12. Ordinance to TRANSFER$136,494 within the FY2022-23 Virginia Aquarium Operating Budget re security services J. ORDINANCES/RESOLUTIONS: ITEM#1 WILL BE CONSIDERED SEPARA TEL Y COUNCIL MEMBER TOWER FILED A DISCLOSURE ON ITEM#1 ITEM#3 WILL BE CONSIDERED SEPARATELY ITEM#4 WILL BE CONSIDERED SEPARATELY August 16, 2022 41 AGENDA REVIEW SESSION ITEM#73147 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: K. PLANNING 1. WINNER'S PROPERTIES, LLC /THE RUNNYMEDE CORPORATION & EVERGREEN VIRGINIA,LLC for a Modification of Conditions re car sales and service at 3700& 3736 Sentara Way DISTRICT 3(Formerly District 3—Rose Hall) 2. WITCHDUCK REAL PROPERTY, INC for a Conditional Change of Zoning from 1-2 Heavy Industrial District to Conditional A-36 Apartment District re construction of up to 438 multi family dwelling units at a density of 35.72 units per acre at 122 Mac Street DISTRICT 4(Formerly District 4—Bayside) 3. WILLIAM M. & JONI P. GREENE CO-TRUSTEES OF THE WILLIAM M. GREENE REVOCABLE TRUST& CO-TRUSTEES OF THE JONI P. GREENE REVOCABLE TRUST for a Conditional Use Permit re alternative residential development at 1900 Landing Road DISTRICT 2(Formerly District 7—Princess Anne) 4. JENNIFER& JOSEPH BAILEY for a Conditional Use Permit re short term rental at 303 Atlantic Avenue, Unit 1404 DISTRICTS(Formerly District 6—Beach) 5. NIKOLA GEORGIEV for a Conditional Use Permit re short term rental at 303 Atlantic Avenue, Unit 402 DISTRICTS(Formerly District 6—Beach) 6. PHILIP A. FLETCHER for a Conditional Use Permit re short term rental at 303 Atlantic Avenue, Unit 1400 DISTRICTS(Formerly District 6—Beach) 7. LORI& STUART GOLDWAG for a Conditional Use Permit re short term rental at 2002 Baltic Avenue DISTRICT 6(Formerly District 6—Beach) 8. YOUSRY FARAGALLA for a Conditional Use Permit re short term rental at 314 29th Street, Unit A, DISTRICT 6(Formerly District 6—Beach) 9. Ordinance to AMEND Section 401 of the City Zoning Ordinance(CZO)pertaining to small scale agricultural processing as permitted uses in the Agricultural Zoning Districts (Sponsored by Council Member Henley) K.PLANNING: ITEM#1 WILL BE CONSIDERED SEPARA TEL Y ITEM#2 WILL BE CONSIDERED SEPARA TEL Y August 16, 2022 42 ITEM#73148 Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose: 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). • District 6—Formerly Beach District • District 6—Formerly Beach District • District 6—Formerly Beach District LEGAL MATTERS: Consultation with legal counsel and briefings by staff members or consultants pertaining to actual or probable litigation, where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the public body pursuant to Section 2.2-3 711(A)(7). • Holloway, et al v. City of Virginia Beach • Lynnhaven Area Properties v. City of Virginia beach LEGAL MATTERS: Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel pursuant to Section 2.2- 3 711(A)(8). • City voting system PERSONNEL MATTERS: Discussion, consideration, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees of any public body pursuant to Section 2.2-3711(A)(1) • Council Appointments: Council, Boards, Commissions, Committees, Authorities, Agencies and Appointees August 16, 2022 43 ITEM#73148 (Continued) Upon motion by Council Member Moss, seconded by Council Member Branch, City Council voted to proceed into CLOSED SESSION at 4:04 P.M. Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley,N.D. "Rocky"Holcomb,Delceno C.Miles,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None Break 4:04 P.M. — 4:22 P.M. Closed Session 4:22 P.M. — 5:55 P.M. August 16, 2022 44 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL AUGUST 16, 2022 6:00 P.M. Mayor Dyer called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in City Council Chamber, City Hall, on Tuesday, August 16, 2022, at 6:00 P.M Council Members Present: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N. D. "Rocky"Holcomb, Delceno C. Miles,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None INVOCATION: Council Member Wooten PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STA TES 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 34`" 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. August 16, 2022 45 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. August 16, 2022 46 Y.E. MAYOR'S FORMAL SEATING OF CITY COUNCIL ITEM#73149 Mayor Robert M.Dyer Vice Mayor Rosemary Wilson Barbara M.Henley Sabrina D. Wooten John D.Moss Guy K. Tower Linwood Branch Michael F.Berlucchi N.D. "Rocky"Holcomb Delceno C.Miles Aaron R.Rouse August 16, 2022 47 ITEM— V.F CERTIFICATION ITEM#73150 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N.D. "Rocky"Holcomb,Delceno C. Miles,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None August 16, 2022 7, 0-1 4 L �S OF OUR N'i`° 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 #73148 on Page 43 and in accordance with the provisions of The Virginia Freedom of Information Act;and, WHEREAS:Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a)only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. A da Barnes, MMC City Clerk August 16, 2022 48 ITEM— V.G.1 MINUTES ITEM#73151 Upon motion by Council Member Moss, seconded by Council Member Branch, City Council APPROVED the MINUTES of the SPECIAL FORMAL SESSION of August 9,2022 Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley,N.D. "Rocky"Holcomb,Delceno C.Miles,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None August 16, 2022 49 ITEM— V.H.1 MAYOR'S PRESENTATIONS ITEM#73152 RECOGNITION OF KING NEPTUNE'S COURT Mayor Dyer welcomed Kit Chope, Chief Executive Officer-Neptune Festival. Mr. Chope expressed his appreciation to City Council for their continued support and Mrs. Nancy Creech for her leadership and mentorship to the entire Neptune Festival Organization. Mr. Chope advised with City Council's support, the Festival holds forty (40) events during the Neptune Festival and has a positive economic impact with every dollar invested by the City, it has a return of$85.00. Mr. Chope introduced George and Gwen McDonald, Celebration Chairs, and advised they will present the forty-eighth King Neptune and Court. Mr. McDonald presented KING NEPTUNE XLVIII and HIS COURT: KING NEPTUNE XL VIII TA YLOR FRANKLIN and LADY EMIL Y 2022 ROYAL COURT TRITONS PRINCESSES PRINCE Steven Armbruster Madison Skye Arluk Dylan Tyler Arluk Jamie Booth Nielsen Hamel Baxley Anne Douglas Gangwer Sophie Elisa Berger Jeremy Ingram Ramey Lind Bower Mark Johnson Reagan Marie Carson Cheryl McLeskey Brooke Elyse Cuffee Becky Sawyer Annika Mya Gianascoli Brian Schools Louise Kime Kenslow Lauren Elizabeth Marks Regan Elizabeth McKinnon Durant Parker-Ashe Brenna Pope Brooke Elisabeth Richardson King Franklin thanked the Mayor and City Council for their recognition and support of the Neptune Festival Organization, expressing it is an honor to represent the City. King Franklin advised this is the last year Mrs. Nancy Creech will serve as the Neptune Festival Chair and expressed it is an honor to serve as her last King Neptune. King Franklin recognized the Tritons, Princesses and Prince and advised everyone is excited to represent the City this year. Mayor Dyer advised it is a great honor to recognize the Royal Court and believes the organization and its events help to define the City for being the great City it is and wished King Franklin and his Royal Court great success. August 16, 2022 50 ITEM— V.H.2 MAYOR'S PRESENTATIONS ITEM#73153 Mayor Dyer welcomed Jina Gaines Templeton,Media and Communications Coordinator. Mrs. Templeton expressed her appreciation to City Council for their continued support. Mrs. Templeton advised this month highlights the people, events and years between 1998 — 2002 as part of the Nostalgic Virginia Beach Campaign to celebrate the City's 60th anniversary. Mrs. Templeton played a short video of the City's history between 1998—2002 and turned the presentation over to Mayor Dyer to present the citizen award. 60th ANNIVERSARY AWARDS Mayor Dyer welcomed Nancy Creech and read the Proclamation recognizing her long-time commitment to the City. Mrs. Creech served on several City Council Appointive Agencies including her service on the Planning Commission for over a decade before her election to City Council as an At-Large Council Member in 1982. Mrs. Creech currently serves as President of the Neptune Festival and has been actively involved with the non-profit organization since 1974, which has become the City's Official Celebration and largest annual event generating $23.5 million in economic impact and $1.19 million in annual local tax revenue and was instrumental in bringing Virginia Beach's iconic King Neptune statue to the Boardwalk. Mrs. Creech exemplifies the model of citizenship and service and is a recipient of the "Virginia Beach Diamond Award". Mayor Dyer called upon the citizens and members within government agencies,public and private institutions, business and schools in Virginia Beach to be of service for the benefit and betterment of the community so that future generations can appreciate and further uplift our beloved City of Virginia Beach. Mrs. Creech expressed her appreciation for this recognition and for decades of City Council's continuous support. Mrs. Creech advised it is an honor to accept this award and believes it is due to all those who come together and work to make the City a better place by committing their time and talent to pay it forward for the next generation. Vice Mayor Wilson, on behalf of Mayor Dyer, welcomed Jeanne Evans Cox and read the Proclamation recognizing her many contributions to the City. Through her tenure as Chief of Staff to Second District Congressman Pickett, she worked to preserve regional military installations and tenant commands. Mrs. Evans Cox crafted School Board directed policies and regulations, provided community outreach regarding transportation, environment, and funding while serving as the Regional Representative for U. S. Senator Webb and as the Executive Director for the Central Business District Association, she is an unflagging advocate for the Pembroke and Town Center areas. Mrs. Evans Cox exemplifies the model of citizenship and today is the recipient of the "Virginia Beach Diamond Award". Vice Mayor Wilson called upon the citizens and members within government agencies,public and private institutions, business and schools in Virginia Beach to be of service for the benefit and betterment of the community so that future generations can appreciate and further uplift our beloved City of Virginia Beach. Mrs. Evans Cox expressed her appreciation to City Council for this recognition and their continuous support. Mrs. Evans Cox advised she has known and worked with a majority of the Body and expressed it has been an honor and privilege to work with them over the years. August 16, 2022 51 ITEM— V.H.2 MAYOR'S PRESENTATIONS ITEM#73153 (Continued) Council Member Rouse, on behalf of Mayor Dyer welcomed Louisa Strayhorn and read the Proclamation recognizing her as trailblazer in local government, noting she was the first black woman to serve on the Virginia Beach School Board and as well as the first to be elected to the City Council. During her tenure on City Council,Ms. Strayhorn was a staunch advocate for schools,public transportation and an equitable distribution of public resources. Ms. Strayhorn championed the needs of Seatack residents and worked to push forward the construction of the Seatack Community Recreation Center. Ms. Strayhorn was instrumental in establishing Virginia Beach's Minority Business Council and continued to promote equity and diversity by leading the Virginia Department of Business Assistance with a mission to increase the number of minority- and women-owned small businesses contracting with the state. Ms. Strayhorn exemplifies the model of citizenship and service and is a recipient of the "Virginia Beach Diamond Award". Council Member Rouse called upon the citizens and members within government agencies, public and private institutions, business and schools in Virginia Beach to be of service for the benefit and betterment of the community so that future generations can appreciate and further uplift our beloved City of Virginia Beach. Ms. Strayhorn expressed her appreciation for this recognition and for City Council's continuous support. Ms. Strayhorn advised times have changed and it is with pride that she stands before this City Council and appreciates there is equal representation for all of the City's citizens. August 16, 2022 cpliA yob°9 _ e OF 0(R N10'1) ilEirottamation Whereas Nancy Creech has been a tireless community servant fiilfifang numerous roles,many of them voluntary,all with the goal of enhancing the fives of Virginia Beach residents;and Whereas She is the(President of the Neptune Festival,the non profit's Gong-time CEO and-has been actively involved with the organization since 1974;and Whserear. 'under her guidance,the festival's Boardwal ,Weekend has become the City's Official Celebration and largest annual event generating$23.5 million in economic impact and$1.19 million in annual Coca(tax revenue and was instrumental in bringing Virginia Beach's iconic King Neptune statue to the Boardwalk.,,and- Whereas: She spent more than a decade as a member of the Virginia Beach Planning Commission and was soon after elected to City Council and Z 4 erras Nancy Creech has served as member of the Resort Advisory Committee,chair of the Virginia Beach Arts et CuCturalAdvocacy Committee,a founding member of the Sandler Center Steering et 'Fundraising Committee,a board member of the Virginia Beach(Pol'ce Foundation,the'Virginia Symphony Orchestra,the governors Schoo(for the Arts Foundation,Virginia Musical-Theater, Light RailNow,the 91-ampton Roads Navy League,Virginia Beach Vision;and Whereas She has been honored as the first Citizen of Virginia Beach, great Citizen of?fampton Rpads, Ifampton Roads'Woman of the'Year,a Virginia Beach Champion for the Arts,Mardi Bras Queen, anda host of additional honors;and Whereas Virginia Beach would not be the community that it is today without Mrs.Creech's vision, leadership,and deduation;and Whereas "Nosta(gic'VB"is a celebration of Virginia Beach pioneers and residents loading up to the 60th anniversary of our great city in January 2023. Now, lflerefnrt I,Ebert M. °Bobby"Dyer,Mayor of the City of Virginia Beach,Virginia,do hereby proclaim: Nancy Creech ftcipient of the Virginia Beacfi Eiamond'Aware In Virginia(Beach,and I calf upon the citizens and members within government agencies,public and private institutions,businesses,and schools in Virginia Beach to be of service for the benefit and betterment of the community so that future generations can appreciate andfurther uplift our beloved City of Virginia Beach. In Witness Whereof; I have hereunto set my hand and caused the Official-Seal of the City of Virginia Beach, Virginia, to be affixed this sixteenth Day of August,Two'Thousand-an/Twenty-Two. 7 /2/T'44 )1•4C-f 14* 4,11 f Robert 911. 'Bobby'Dyer 4, Mayor 014I?'•BFAC 0 • _ 2 O r q,Fs 4g,,, CD Or OUR N0010 totiamattoii `Whereas. Jeanne Evans CoX has been instrumental in the growth and development of Virginia Beach;and- Whereas: !During her tenure as the Chief of Staff to Second District Congressman Owen Pickett she helped Virginia Beach and the greater region preserve its military installations and tenant commands through four Base Closure and realignment Commission hearings;and 'lit ie ear She has further served the City in the'Virginia Beach Public Schools'Superintendent's Office crafting School-Board-directed policies and regulations,worked to ensure public transparency,and helpedtrou6leshoot issues with administrators and educators;and Whereat. She provided outreach to numerous local communities including'Virginia Beach as the gional &presentative for VS.Senator Jim We66 focusing on issues including transportation,environment, immigration,federal appropriations,federal grant opportunities,military procurement and more;and 'Whereas: As the Executive Director of the Central-Business District Association,she has been an unflagging advocate for the Pembroke and-Town Center areas;and Whereas: Jeanne Evans CoX has or currently serves or chairs several integral community boards and commissions including the Chesapeake Bay Preservation Area Board the'Virginia.7fistoric Resources Board the Green 1466on Committee,the'Virginia(Beach Mary Clu6,the Town Center Advisory Board the'Virginia Beach Advertising Advisory Board and more;and Whereas: 'Virginia(Beach is the thriving and successful community that it is today in large part because of the hard wor ,of individuals Czke Jeanne Evans Cow and Whereas. "NostalgicVB"is a celebration of'Virginia Beach pioneers and residents leading up to the 60th anniversary of our great city in January 2023. Now,`Iherrfore I,RQ6ert Mt. "Bobby"Dyer,Mayor of the City of'Virginia Beach,'Virginia,do here6y proclaim: Jeanne Evans Co.� Wecipien• t of the 'Virginia Beacfi cDzamond. ward" In Virginia Beach,and I call-upon the citizens and members within government agencies,pu6llc and private institutions,business,and-schools in'Virginia Beach to 6e of service for the benefit and betterment of the community so that future generations can appreciate andfurther upift our beloved of Virginia Beach. In Witness 'Whereof I have hereunto set my hand and caused'the Official Seal of the City of'Virginia Beach, 'Virginia, to 6e affixed this Skteenth Day of August,Two'Thousand and-Twenty-Two. Rom¢: 76`d1,1•4°)i•ec,../ 'IQbert 9V1. "Bobby"Dyer 4♦ Mayor ,• f � s• Gt��.B C ie Alb L 04 rt . , , ? Zoe tr 9,Fs e� of a� uR MArtrei`' roctamatton Whereas Louisa Strayhorn has been a trailblazer in foca(government,particularly for women of color,and Whereas She was the first 6lackwoman to serve on the Virginia Beach School Board and as well-as the first to 6e elected to the City Council;and Whereas: During her tenure on the City Council Strayhorn was a staunch advocate for schools,public transportation,and an equitable distribution of pu6fic resources;and- Whereas: She championed the needs of residents of Seatackand worked to push forward the construction of the SeatackCommunity Recreation Center and Whereas.' Louisa Strayhorn conceived of and was instrumental in establishing'Virginia Beach's Minority Business Council;and Whereas After serving on the City Council'she continued to promote equity and diversity 6y leading the Virginia(Department of Business Assistance with a mission to increase the number of minority-and women-owned small'6usinesses contracting with the state;and Whereas She has dedicated much of her career to serving the people of'Virginia Beach and beyond incruding chairing the'Ur6an League of.7-Campton'gads and serving as Executive Directorfor'From One gland to Another,which supports(earning programs for underservedyouth;and Whereas: "?lrosta(gic 14B"is a celebration of'Virginia Beach pioneers and residents Ong up to the 60th anniversary of our great city in January 2023. .`Now,Therefore I,Ro6ert Y. "Bobby"Dyer,Mayor of the City of'Virginia Beach,Virginia,do hereby proclaim: Louisa Strayhorn ftcipient of the "Virginia Beach cDiamondAward" In Virginia Beach,anti call'upon the citizens and members within government agencies,public and private institutions, business,and schools in Virginia Beach to be of service for the benefit and betterment of the community so that future generations can appreciate andfurther uplift our beloved City of'Virginia Beach. In Witness Whereof I have hereunto set my hand and caused the Official-Seal of the City of'Virginia Beach, 'Virginia, to 6e of ied this Sgteenth(Day of August,Two Thousand and Twenty-Two. '''''..c:-‹..-t,:<:::(-:' 7 j ;c ) ,'.t. f - Robert get. "Bobby"Dyer ,. _ Mayor 52 ITEM— V.I FORMAL SESSION AGENDA ITEM#73154 Mayor Dyer read the Speaker Policy and advised for items where only one(1)speaker is registered, the City Clerk will call the speaker and they will be given a total of six(6) minutes to speak on all items. The City Clerk called the following speaker: Barbara Messner, P. O. Box 514—spoke in OPPOSITION to: Ordinances/Resolution J: 2, 5, 6, 7, 8, 9, 10, 11 and 12 and Planning Items K: 3, 4, 5, 6, 7, 8 and 9 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council APPROVED, BY CONSENT,Agenda Items Ordinances/Resolution J: 2, 5, 6, 7, 8, 9, 10, 11 and 12 and Planning Items K:3, 4, 5, 6, 7, 8 and 9 Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N.D. "Rocky"Holcomb, Delceno C. Miles,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None J. ORDINANCES/RESOLUTION: ITEM#1 WILL BE CONSIDERED SEPARA TEL Y COUNCIL MEMBER TOWER FILED A DISCLOSURE ON ITEM#1 ITEM#3 WILL BE CONSIDERED SEPARATELY ITEM#4 WILL BE CONSIDERED SEPARATELY K. PLANNING: ITEM#1 WILL BE CONSIDERED SEPARA TEL Y ITEM#2 WILL BE CONSIDERED SEPARA TEL Y August 16, 2022 53 ITEM— V J.1 ORDINANCES/RESOLUTION ITEM#73155 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Nancy Parker, 513 23rd Street, Phone: 651-4848, expressed concerns regarding noise levels Upon motion by Council Member Branch, seconded by Council Member Berlucchi, City Council ADOPTED Resolution to AMEND Exhibit A—Paragraph 3 of RES#4132 (Approving the execution of the First Amendment to the Dome Site Development Agreement)re Allocation of the Performance Grant between phases of the Atlantic Park Project(Requested by Council Member Branch) Voting: 8-3 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Delceno C. Miles, Aaron R. Rouse and Vice Mayor Rosemary Wilson Council Members Voting Nay: John D. Moss, Guy K. Tower and Sabrina D. Wooten Council Members Absent: None August 16, 2022 REQUESTED BY COUNCILMEMBER BRANCH 1 A RESOLUTION TO AMEND EXHIBIT A OF RES #4132 2 REGARDING THE ALLOCATION OF THE PERFORMANCE 3 GRANT BETWEEN PHASES OF THE ATLANTIC PARK 4 PROJECT 5 6 WHEREAS, the City Council adopted RES #4132 on November 16, 2021; 7 8 WHEREAS, RES #4132 included Exhibit A, Summary of Modified Terms; 9 10 WHEREAS, Paragraph 3 of Exhibit A, Summary of Modified Terms states: 11 12 3. The Performance Grant, which is currently a maximum of$5,000,000 13 of Project-generated revenues, will be divided between the phases, with 14 $3,000,000 allocated to Phase I and $2,000,000 allocated to Phase II. 15 16 WHEREAS, the anticipated project revenues for Phase I exceed the previous 17 projections, and accordingly, the City desires to amend Exhibit A, Summary of Modified 18 Terms to authorize the City Manager to agree to a revised allocation of the performance 19 grant between the two phases of the Atlantic Park Project. 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 22 OF VIRGINIA BEACH, VIRGINIA, THAT: 23 24 1. Paragraph 3 of Exhibit A, Summary of Modified Term shall be deleted and 25 replaced with the following: 26 27 3. The Performance Grant, which is currently a maximum of 28 $5,000,000 of Project-generated revenues, will be divided between 29 the phases, with $3,000,000 allocated to Phase I and $2,000,000 30 allocated to Phase II, subject to a possible final adjustment prior to 31 the closing on Phase I based on the then-projected uses, sales and 32 tax revenues for Phase I and Phase II. Any such adjustment to the 33 allocation of the Performance Cap between Phase I and Phase II may 34 be documented through a Memorandum of Approval in accordance 35 with the terms of Section 14.18 of the Development Agreement. 36 37 2. This Resolution shall be effective immediately. Adopted by the Council of the City of Virginia Beach, Virginia, on the 16 t h day of August , 2022, APPROVED AS TO LEGAL SUFFICIENCY: City Attorney-_ CA15873 11vbgov.com\dts1\applications\citylaw\cycom321wpdocs1d0051p044\00822543.docx R-2 August 10, 2022 'Ay‘1,0111A Bgcii. L:: =',. 1.5.\ r ity Of Virginia 8�ach S°F OUR 030:f GUY K.TOWER CELL:(757)439-4801 COUNCIL MEMBER EMAIL:gtower@vbgov.com DISTRICT 6-BEACH Refer to File No.: 0077847 August 16,2022 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 resolution to amend Exhibit A of Resolution #4132 regarding the allocation of the performance grant between phases of the Atlantic Park Project. 2. The applicant disclosed that Kaufman&Canoles is its legal services provider. 3. I have a personal interest in Kaufman & Canoles, P.C. because I receive income from the firm. Its Virginia Beach location is 2101 Parks Avenue, Suite 700, Virginia Beach, VA 23451. 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. 5. I hereby disclose the facts above and declare that I am able to participate in this transaction fairly, objectively, and in the public interest. 211 43rd STREET,VIRGINIA BEACH,VIRGINIA 23451 Mrs. Amanda Barnes -2- August 16, 2022 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(I) I respectfully request that you record this declaration in the official records of the City Council. Thank you for your assistance in this matter. inc'rely, ;%�-) 77---)(/ C . Guy K. Tower Councilmember GKT/RRI 54 ITEM— V.J.2 ORDINANCES/RESOLUTIONS ITEM#73156 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to TRANSFER $839,976 to Capital Project # 100225 "Judicial Center Maintenance"re Judicial Center Parking Security Upgrades(Requested by Council Members Branch and Holcomb) Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley, N.D. "Rocky"Holcomb, Delceno C.Miles,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None August 16, 2022 REQUESTED BY COUNCILMEMBERS BRANCH AND HOLCOMB 1 AN ORDINANCE TO TRANSFER $839,976 TO 2 CAPITAL PROJECT #100225, "JUDICIAL CENTER 3 MAINTENANCE," FOR JUDICAL CENTER PARKING 4 SECURITY UPGRADES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $691,976 is hereby transferred from completed capital projects#100207, "Housing 10 Resource Center,"#100072, "Fire Asset Management Systems,"#100060, "Central Plant 11 Generator," and #100248 "Library Enhancements," to Capital Project #100225, "Judicial 12 Center Maintenance,"for judicial center parking security upgrades, and 13 14 $148,000 is hereby transferred from Capital Project #100392, "City Security 15 Enhancements," to Capital Project #100225, "Judicial Center Maintenance," for judicial 16 center parking security upgrades. Adopted by the Council of the City of Virginia Beach, Virginia on the 16 t h day of A u_g u s t — , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: a Budget and anagement Services City Attorney's Office CA 15884 R-3 August 9, 2022 55 ITEM— V.J.3 ORDINANCES/RESOLUTIONS ITEM#73157 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Sara Gerloff, 1332 Starling Court, Phone: 567-2906, spoke in OPPOSITION LaTonya Snow, 819 West 36`''Street, Phone: 632-9697, spoke in SUPPORT Upon motion by Council Member Moss,seconded by Council Member Rouse, City Council ADOPTED, Ordinance to AWARD a $5,000 Community Services Micro-Grant to The Kenneth Dorsey Jr. Foundation re support back-to-school supplies drives,free haircuts and free mentoring and tutoring services for Virginia Beach students(Requested by Council Member Moss) Voting. 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N.D. "Rocky"Holcomb, Delceno C. Miles,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None August 16, 2022 REQUESTED BY COUNCILMEMBER MOSS 1 AN ORDINANCE TO AWARD A $5,000 COMMUNITY 2 SERVICE MICRO-GRANT TO THE KENNETH DORSEY JR. 3 FOUNDATION 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That a $5,000 Community Services Micro-Grant be awarded to The Kenneth 9 Dorsey Jr. Foundation as financial assistance towards its operating budget to support its 10 back-to-school supplies drives, free haircuts and free mentoring and tutoring services for 11 Virginia Beach students. Adopted by the Council of the City of Virginia Beach, Virginia on the 16th day of A ugus t__ , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY Budget and Management Services City Attomey's Office CA15883 R-1 August 2, 2022 56 ITEM— V.J.4 ORDINANCES/RESOLUTIONS ITEM#73158 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Stephen Johnston, 2316 Enchanted Forrest, Phone: 468-1474, spoke in OPPOSITION Upon motion by Council Member Henley, seconded by Council Member Moss, City Council ADOPTED, Ordinance to AMEND Appendix J, Agricultural Reserve Program (ARP) Section 4(d) re processing of animals as allowed by the City Zoning Ordinance (CZO) Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Delceno C. Miles, Aaron R. Rouse, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Abstaining: John D. Moss Guy K. Tower Council Members Absent: None August 16, 2022 1 AN ORDINANCE TO AMEND APPENDIX J, 2 AGRICULTURAL RESERVE PROGRAM, SECTION 4(d) 3 PERTAINING TO THE PROCESSING OF ANIMALS AS 4 ALLOWED BY THE CITY ZONING ORDINANCE 5 6 Section Amended: Agricultural Lands Preservation 7 Ordinance (City Code Appendix J) Section 4 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 4 of the Agricultural Lands Preservation Ordinance (City Code 12 Appendix J) is hereby amended and reordained to read as follows: 13 14 APPENDIX J. AGRICULTURAL RESERVE PROGRAM 15 16 . . . . 17 18 Sec. 4. Definitions. 19 20 . . . . 21 22 (d) Agricultural use means the bona fide production of crops, animal or fowl, including, 23 but not limited to, the production of fruits, vegetables, honey, grains, meat, poultry 24 and dairy products; the raising of livestock and poultry; and the production and 25 harvest of products from horticultural, silvicultural or aquacultural activity. The term 26 also includes (i) the repair, expansion or replacement of no more than one bona 27 fide dwelling occupied by the landowner or tenant as of the date of application for 28 entry in the agricultural reserve program and no more than one freestanding mobile 29 home, as permitted by section 19-19 of the City Code; (ii) uses directly related to 30 agricultural activities conducted on the same property, including the sale of 31 agricultural products and agricultural-related products as permitted by section 401 32 (a) of the City Zoning Ordinance, dog kennels, riding academies, horses for hire or 33 boarding of horses and incidental sales of tack, riding apparel and similar items as 34 allowed by Section 401(a) of the City Zoning Ordinance; (iii) agritourism activities 35 allowed in accordance with section 401(a) of the City Zoning Ordinance; and (iv) 36 septic tanks and drainfields approved by the health department and which cannot 37 be located within an area not encumbered by an agricultural land preservation 38 easement. The term does not include the processing of agricultural, silvicultural, 39 horticultural or aquacultural products, except as an accessory use permitted by 40 section 401 of the City Zoning Ordinance. 41 42 . . . . 43 Adopted by the Council of the City of Virginia Beach, Virginia, on the 16 t h day of August. __, 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: AgnuuitureDepartment City Attorney's Office APPROVED AS TO CONTENT: (( L/Q ' OlanniiigT.ipartrnthil CA15568 R-1 July 6,2022 2 57 ITEM— V.J.5 ORDINANCES/RESOLUTIONS ITEM#73159 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE a Second Amendment to the Purchase Agreement between the City and Princess Anne Hotel, LLC, at the intersection of Princess Anne Road and Community College Place Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N.D. "Rocky"Holcomb, Delceno C.Miles,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None August 16, 2022 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER 2 TO EXECUTE A SECOND AMENDMENT TO THE 3 PURCHASE AGREEMENT BETWEEN THE CITY OF 4 VIRGINIA BEACH AND PRINCESS ANNE HOTEL, LLC 5 6 WHEREAS, the City of Virginia Beach (the "City") and Princess Anne Hotel, LLC, 7 a Virginia limited liability company ("Princess Anne Hotel") are parties to a Purchase 8 Agreement dated August 21, 2019, as amended by a First Amendment to Purchase 9 Agreement Dated December 18, 2019 (collectively, the "Purchase Agreement"); 10 11 WHEREAS, the Purchase Agreement provides for the development of a 3.35+/- 12 acre parcel of land located at the intersection of Princess Anne Road and Community 13 College Place (GPIN: 1485-44-0487) (the "Initial Parcel"), and an option to purchase and 14 develop an adjacent 3.06+/- acre parcel (GPIN: 1485-44-3127) (the "Option Parcel"); 15 16 WHEREAS, the Purchase Agreement provided for the parties to enter into a Cost 17 Participation Agreement whereby the City would reimburse Princess Anne Hotel up to the 18 actual cost of providing certain infrastructure improvements, including extension of sewer 19 force mains, public water lines and stormwater outfall pipes (the "Utility Extension"); 20 21 WHEREAS, as set forth in the Purchase Agreement, the estimated cost for the 22 Utility Extension is $789,000, and that amount was placed into escrow when Princess 23 Anne Hotel closed on the acquisition of the Initial Parcel in 2021; 24 25 WHEREAS, the purchase price for the Initial Parcel was $1,994,100 and the 26 purchase price for the Option Parcel is $1,768,680; 27 28 WHEREAS, since closing on the Initial Parcel, cost overruns for the Utility 29 Extension due to design changes and material increases have led to additional costs of 30 $250,456. An additional $70,200 for a longer sewer line to serve the Option Parcel is 31 also anticipated, for a total added cost of $320,656 (collectively, the "Added Costs"); 32 33 WHEREAS, Princess Anne Hotel has agreed to bear the Added Costs in exchange 34 for a credit against the purchase price for the Option Parcel, should it be acquired by 35 Princess Anne Hotel, reducing the sale price of the Option Parcel to not less than 36 $1,448,024; and 37 38 WHEREAS, City Council is of the opinion that the Added Costs are necessary to 39 properly complete the installation of the Utility Extension and approving a second 40 amendment to the Purchase Agreement to allow a credit toward the purchase price of the 41 Option Parcel, in an amount not to exceed the Added Costs, is a satisfactory method to 42 achieve construction of the Utility Extension. 43 44 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 45 VIRGINIA BEACH, VIRGINIA: 46 1 That the City Manager is hereby authorized to execute an amendment to 47 the Purchase Agreement between the City and Princess Anne Hotel, to provide for a credit 48 against the purchase price of the Option Parcel equal to the actual amounts expended by 49 Princess Anne Hotel over $789,000 for the Utility Extension up to $320,656, and such 50 other terms, conditions or modifications as may be acceptable to the City Manager and in 51 a form deemed satisfactory by the City Attorney. 52 53 2. Except as modified herein, all terms, conditions and obligations of the parties 54 set forth in the Purchase Agreement shall remain unchanged and in full force and effect. 55 56 Adopted by the Council of the City of Virginia Beach, Virginia, on the 16 t h day of 57 August , 20 22 . APPROVED AS TO CONTENT APPROVED AS TO_LEGAL SUFFICIENCY: 3:11/(////n1 . Economic-Development City Attorney CA15798 \\vbgov.com\dfs 1\a pplicatons\citylaw\cycom32\wpdocs\d029\p041100821086.docx R-1 August 1, 2022 58 ITEM— V.J.6 ORDINANCES/RESOLUTIONS ITEM#73160 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to DECLARE approximately 4,693 square feet of City property at the intersection of Market and Columbus Streets, in EXCESS of the City's needs and AUTHORIZE the City Manager to enter into a Purchase Agreement for the sale to TC Hotel, LLC re construct twenty (20) additional hotel rooms Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N.D. "Rocky"Holcomb, Delceno C. Miles,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None August 16, 2022 1 AN ORDINANCE 1) DECLARING APPROXIMATELY 4,693 2 SQ. FT. (0.107 ACRE) OF CITY-OWNED PROPERTY 3 LOCATED AT THE INTERSECTION OF MARKET STREET 4 AND COLUMBUS STREET IN EXCESS OF THE CITY'S 5 NEEDS AND 2) AUTHORIZING THE CITY MANAGER TO 6 ENTER INTO A PURCHASE AGREEMENT FOR THE 7 SALE OF THE PROPERTY TO TC HOTEL, LLC 8 9 WHEREAS, the City of Virginia Beach (the "City") owns a parcel of property 10 located at the southeast intersection of Market Street and Columbus Street 11 consisting of approximately 4,693 sq. ft. (0.107 acre) (GPIN: 1477-54-0223) (the 12 "City Property"); 13 14 WHEREAS, TC Hotel, LLC, a Virginia limited liability company ("TC Hotel") 15 owns property located at 4595 Columbus Street (GPIN: 1577-54-1216) ("TC Hotel 16 Property"), which is adjacent to the City Property; 17 18 WHEREAS, TC Hotel is constructing a hotel on the TC Hotel Property and 19 has requested that the City declare the City Property excess and sell it to TC Hotel 20 to incorporate into the TC Hotel Property for the purpose of expanding the hotel; 21 22 WHEREAS, TC Hotel and City staff have negotiated the terms and conditions 23 of the sale as set forth in the Summary of Terms, attached hereto as Exhibit A; and 24 25 WHEREAS, the City Council is of the opinion that the City Property is in 26 excess of the City's needs. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 29 CITY OF VIRGINIA BEACH, VIRGINIA: 30 31 1. That the City Property is hereby declared to be in excess of the needs of 32 the City of Virginia Beach, subject to easements to be reserved in accordance with 33 the Summary of Term, attached hereto as Exhibit A, and made a part hereof. 34 35 2. That the City Manager, or his authorized designee, is hereby authorized 36 to execute any and all documents necessary to sell the City Property to TC Hotel, in 37 accordance with the Summary of Terms, attached hereto as Exhibit A, and such 38 other terms, conditions or modifications as may be acceptable to the City Manager 39 and in a form deemed satisfactory by the City Attorney. 40 41 This Ordinance shall be effective from the date of its adoption. 42 43 Adopted by the Council of the City of Virginia Beach, Virginia on the 16th 44 day of August , 2022. 45 46 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE- 47 FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY .t_17\f,b City Attorney P blia Works, eal Estate CA15597 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d011\p041\00816398.docx R-1 July 25, 2022 2 EXHIBIT A SUMMARY OF TERMS SELLER: City of Virginia Beach ("City") BUYER: TC Hotel, LLC, a Virginia limited liability company EXCESS CITY PROPERTY: Approximately 4,693 sq. ft. (0.107 acre) of City property located at the southeast intersection of Market Street and Columbus Street (GPIN: 1477-54-0223) ("City Property"), subject to the reservation or dedication of easements as set forth below. PURCHASE PRICE: $10,000.00 DEPOSIT: $1,000.00, to be applied to Sale Price DUE DILIGENCE PERIOD: 60 days from full execution of the Purchase Agreement SETTLEMENT: On or about 90 days after City Council approval CONDITIONS OF SALE: • Buyer to resubdivide the City Property into the Buyer's adjacent parcel, at Buyer's sole cost. • Seller to reserve and/or Buyer to dedicate to the City all easements identified by the City's Planning and/or Public Works Department during the site plan approval process, related to drainage, public & private utilities, future right-of-way improvements, pedestrian ingress/egress, amenities and traffic control. 1 : , si: >" ZDI • 3 = r I- LV V o IIa m N / \ o O ti p .1111111.4. 0.• ,ti.; . , LT. z 2 r%- 0. il (.)-JI:. '' pain C J 0 O a H 0 H W — o O 3AV N2JVd 1V J1N30 �, • Z M N Imo _ N • o *A qtr an I ''' 'ti' c'' llt-. ' wry ...•t t S i .ENUM 111r- A Viz=. ;� is13�8dw r -�13) Idw` -i �Ja 1132:1UdJ .. 1_______ . \\I- f .,_„,,_ __. . . 1 . . ,. . . ..-. ._,, , 1 ,__ __ a 'i s 1 l ' l'Ilf .' --„ _ _.:, , t , , . '1 �, -- s� CI) t r n ' 7•fir 4 £ H y V ,^ ems. 00 L. W 01 N Z- N Q :: 4 L. L. as a. O L ■o a r J 0 59 ITEM— Y.J.7 ORDINANCES/RESOLUTIONS ITEM#73161 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the acceptance of a dedication of approximately 0.619 acres of vacant land located on Leroy Road from Urban Associates—Foxfire re greenspace buffer Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley,N.D. "Rocky"Holcomb,Delceno C.Miles,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None August 16, 2022 1 AN ORDINANCE TO AUTHORIZE THE 2 ACCEPTANCE OF A DEDICATION OF 3 APPROXIMATELY 0.619 ACRE OF VACANT LAND 4 LOCATED ON LEROY ROAD (GPIN: 2404-30-8615) 5 FROM URBAN ASSOCIATES - FOXFIRE 6 7 WHEREAS, Urban Associates - Foxfire ("UAF") owns approximately 0.619 acre of 8 vacant land located on Leroy Road known as GPIN: 2404-30-8615 (the "Property") and 9 desires to dedicate the Property to the City of Virginia Beach (the "City"); 10 11 WHEREAS, the Property is located adjacent to City police facilities and the garage 12 for the City's Department of Public Works Fleet Management Division (collectively, the 13 "City Facilities"), and accepting the Property provides a green space buffer between the 14 City Facilities and a neighboring residential subdivision at Leroy Road; 15 16 WHEREAS, accepting the Property also enables it to be utilized as a part of any 17 future planned expansion of the City Facilities should there be a need and available 18 funding; and 19 20 WHEREAS, the acceptance of the Property promotes the City's goals to provide 21 green space and services to its citizens. 22 23 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 24 VIRGINIA: 25 26 1. That the City Council authorizes the acceptance of the dedication of the 27 Property by UAF. 28 29 2. That the City Manager or his designee is further authorized to execute all 30 documents that may be necessary or appropriate to accept the dedication of the Property, 31 including such terms and conditions as may be acceptable to the City Manager, and in a 32 form deemed satisfactory by the City Attorney. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia, on the 16th day 35 of August , 2022. CA 15424 R-1 PREPARED: 6/21/22 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d015\p040\00764350.docx APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: rru�tC W K , REAL ESTATE C Y A RNEY 60 ITEM— V.J.8 ORDINANCES/RESOLUTIONS ITEM#73162 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property known as Lake Joyce and the twenty foot (20) strip of City property around Lake Joyce, located at the rear of 4528 Back Cover Road re construct and maintain rip rap, timber boat ramp, landscaping timber, existing wooden dock, block bulkhead, wood bulkhead and concrete boat ramp Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N. D. "Rocky"Holcomb, Delceno C. Miles,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None August 16, 2022 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 LAKE JOYCE 7 AND THE 20' STRIP OF CITY 8 PROPERTY AROUND LAKE JOYCE, 9 LOCATED AT THE REAR OF 4528 10 BLACK COVE ROAD 11 12 WHEREAS, The John P. and Donna P. Lopardo Revocable Living Trust(the 13 "Applicant") desires to construct and maintain 5.5' x 93' rip rap, 9' x 12' timber boat ramp, 14 and 6' x 6' landscaping timber, and to maintain existing 4' x 23.5' wooden dock, 1' x 29.1' 15 block bulkhead, 1' x 52.8' wood bulkhead, and 11'x 26'concrete boat ramp within the City's 16 property known as Lake Joyce (GPIN: 1570-80-2438) and the 20' strip of City property 17 around Lake Joyce (the "Temporary Encroachments"), located at the rear of its property at 18 4528 Black Cove Road (GPIN: 1479-69-3056); and 19 20 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 21 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 22 the City's property subject to such terms and conditions as Council may prescribe. 23 24 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 28 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicant, its heirs, assigns 29 and successors in title are authorized to construct and maintain the Temporary 30 Encroachments into the City's property, as shown on the map entitled: "EXHIBIT A 31 ENCROACHMENT SHOWING PROPOSED RIP RAP, TIMBER BOAT RAMP, 32 LANDSCAPE TIMBER AND EXISTING WOOD DOCK, BLOCK BULKHEAD, WOOD 33 BULKHEAD & CONCRETE BOAT RAMP FOR JOHN P. AND DONNA P. LOPARDO 34 REVOCABLE LIVING TRUST LOCATED ON LOT 4, BLACK COVE POINT M.B. 62, PG. 35 37 CITY OF VIRGINIA BEACH, VIRGINIA," having a Scale of 1" = 40', dated January 20, 36 2021, and prepared by Gallup Surveyors & Engineers, a copy of which is attached hereto 37 as Exhibit A and on file in the Department of Public Works and to which reference is made 38 for a more particular description; 39 40 BE IT FURTHER ORDAINED, that the Temporary Encroachments are 41 expressly subject to those terms, conditions and criteria contained in the agreement 42 between the City of Virginia Beach and the Applicants (the "Agreement"), an unexecuted 43 copy of which has been presented to the Council in its agenda, and will be recorded among 44 the records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; 45 1 46 BE IT FURTHER ORDAINED, that the City Manager or his authorized 47 designee is hereby authorized to execute the Agreement; and 48 49 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 50 such time as the Applicant and the City Manager or his authorized designee execute the 51 Agreement. 52 53 Adopted by the Council of the City of Virginia Beach, Virginia, on the 16 t h 54 day of August , 2022. CA15226 R-1 Prepared: 8/3/22 \\Vbgov.com\dfsl Applications\CityLaw\Cycom32\WPDOCS\D014\P002\00817347.doc APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: BLIC WOVi , EAL ESTATE DANA R. HARMEYER SENIOR CITY ATTORNEY 2 PROPOSED 6'x6' NOW OR FORMERLY LAKE JOYCE LANDSCAPING TIMBER CITY OF VIRGINIA BEACH M.B. 62, PG. 37 EDGE OF WATER ALONG D.B. 1018, PG. 154 GPIN: 1570-80-2438 EXISTING 51.9' EX. WOOD BULKHEAD WOOD DOCK 44.0' EDGE OF WATER ALONG FLOATING DOCK ,- o EX. BLOCK BULKHEAD OF OTHERS o N 1 9.0 0� 39.2 WOOD DOCK 35.6' i `•-, r' WOOD DOCK "' : i..:=� ..:.;...: •. OF OTHERS � OF OTHERS =._r _____. .:__: _., ---. ---- .. _:_--_._• • 29.1' ' NOW OR FORMERLY �i 52.8' 4.0' PROPOSED 5.5 x93 20' STRIP OWNED BY - 'r RIP RAP,;YP. m CITY OF VIRGINIA BEACH c, EX. CONCRETE PROPOSED 9 x 2 co rn UMBER BOAT RAMP BOAT RAMP 15-0 `" : D.B. 1018, PG. 154 M.B. 62, PG. 37 1 P I N GPIN: 1570-80-2438 — PIN {r N 88•16'05" E 92.38'i NOW OR FORMERLY 1 1 JAMES R. BORBERG 5' EASEMENT ; REVOCABLE LIVING TRUST ' D.B. 4216, PG. 1710 1 M.B. 62 P. 37 --...--1 LOT 5 BBQ CONCRETE M.B. 62, PG. 37 NOW OR FORMERLY GPIN: 1479-69-4142 CURTIS EDWARD BAILEY .` :: ::�:� I 10 ; LIVING TRUST JOHN P.&DONNA P. LOPARDO ALT�I I.N. 20140905000837140 REVOCABLE LIVING TRUST I o �� O'Gf LOT 3 0 ; I.N. 20090318000281240 N .4 O appYG, M.B. 62, PG. 37 0 ; LOT 4 r GPIN: 1479-69-2054 N M.B. 62, P.G. 37 O GPIN: 1479-69-3056 DA 1 1,J UTLER NW IQ 4. c.No.38395ail \ 2 STORY {:: O,, A 4SF BRICK & FRAME :::::::::: .0:::: �%iv,. L t�� #4528 ..;:.:..c.:.: co .......... .. -.. .:.:. p 0 40 80 to ................ .•.Q.:.,: co / cc••!.. 1. THIS PLAN WAS PERFORMED WITHOUT o i :.w:.:.%:.: THE BENEFIT OF A TITLE REPORT. : ::•:i:•:. ,2. THIS EXHIBIT IS INTENDED FOR AN z ; ::.z;::':: ENCROACHMENT REQUEST ONLY. ::.•.'•:: EXHIBIT A � •::�: �;:: PIN •.......•• ENCROACHMENT SHOWING PROPOSED RIP RAP, TIMBER BOAT 4 RAMP, LANDSCAPE TIMBER AND 169,2, 10 PIN ��5��6 EXISTING WOOD DOCK, BLOCK Gig- ROPDIN 6�•50 �� BULKHEAD, WOOD BULKHEAD & GR 7�.56,00 W 5�' RIV�II CONCRETE BOAT RAMP s E ROAD FOR ACK COv 62 pG.37 JOHN P. AND DONNA P. LOPARDO g`' M B REVOCABLE LIVING TRUST GALLUP LOCATED ON SURVEYORS & ENGINEERS LOT 4, BLACK COVE POINT 323 FIRST COLONIAL ROAD M.B. 62, PG. 37 VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH, VIRGINIA I (757)428-8132(757)425-2390 FAX Scale: 1"=40' I Date: JANUARY 20, 2021 I Sheet: 1 of 1 W:\Lopardo,John&Donna-4528 Black Cove Road\20-98 Exhibit.dwg,5/4/2022 3:10 16 PM '�a ! ,' •' *,..'x W E .f11 l i f le . ali ii 404.0004 `�� ,, ; r k Ilk Vik, • r,. \ ___ .. K i , r lr 4t, • .,k 4 ' - , , ' ,s4 ' .. , , -• ri ?�.:: r le 4:,., , � - - ., LOCATION MAP ' ' r00110t ENCROACHMENT REQUEST Legend OWNER: JOHN AND DONNA LOPARDO RLT Q 1479-69-3056 GPI N: 1479-69-3056 i tr ; 9 '' - Feet City Properties , , 0 50 100 200 Prepared by P.W./Eng./Eng.Support Services Bureau 04/13/2021 X:\CADD\Projects\ARC Files\AGENDA MAPS\1479-69-3056\1479-69-3056 Aerial.mxd } Nj .. /r SHORE DR J L'-' 110119r....3 (NP �J �r---- NOR yo . ``- oF 5 yak r 2- <L O [ I- --'-'\\ I N 7' r' \-- ,._-, 1-- g 0-. LOCATION MAP �� ENCROACHMENT REQUEST Legend L� �2 =% OWNER: JOHN AND DONNA LOPARDO RLT 1 ------ 1 ��` GPIN: 1479-69-3056 ED 1479-69-3056 , Feet City Properties 0 50 100 200 Prepared by P.W./Eng./Eng.Support Services Bureau 04/13/2021 X:\CADD\Projects\ARC Files\AGENDA MAPS\1479-69-3056\1479-69-3056.mxd 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 -J vlu , 2022, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and JOHN P. LOPARDO and DONNA P. LOPARDO TRUSTEES OF THE JOHN P. AND DONNA P. LOPARDO REVOCABLE LIVING TRUST, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee.". WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "4" as shown on that certain plat entitled: "SUBDIVISION OF BLACK COVE POINT BAYSIDE BOROUGH VIRGINIA BEACH, VA.," Scale: 1" = 50', dated September 28, 1964, prepared by Alton M. Butler, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 62, at page 37 and being further designated, known, and described as 4528 Black Cove Road, Virginia Beach, Virginia 23455; WHEREAS, it is proposed by the Grantee to construct and maintain 5.5' x 93' rip rap, 9' x 12' timber boat ramp, and 6' x 6' landscaping timber, and to maintain existing 4' x 23.5' wooden dock, 1' x 29.1' block bulkhead, 1' x 52.8' wood bulkhead, 11' x 26' concrete boat ramp, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: 1570-80-2438 (CITY PROPERTY KNOWN AS LAKE JOYCE) 1479-69-3056 (4528 BLACK COVE ROAD) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Lake Joyce and the 20' strip of City property around Lake Joyce the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT SHOWING PROPOSED RIP RAP, TIMBER BOAT RAMP, LANDSCAPE TIMBER AND EXISTING WOOD DOCK, BLOCK BULKHEAD, WOOD BULKHEAD & CONCRETE BOAT RAMP FOR JOHN P. AND DONNA P. LOPARDO REVOCABLE LIVING TRUST LOCATED ON LOT 4, BLACK COVE POINT M.B. 62, PG. 37 CITY OF VIRGINIA BEACH, VIRGINIA," having a Scale of 1" = 40', dated January 20, 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. 2 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. It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of 3 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 Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars 4 ($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. Lopardo and Donna P. Lopardo, Trustees of The John P. and Donna P. Lopardo Revocable Living Trust, 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. (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 , 2022, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2022, 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 THE JOHN P. AND DONNA P. LOPARDO REVOCABLE LIVING TRUST Y /t B �.., / (SEAL) - ? ( ) hn P. Lopardo, Trustee By )Q67h',_0__ `(> G7xA d') (SEAL) Donna P. Lopardo, Trustee STATE OF \L, CITY/ OF \ . , to-wit: The foregoing instrument was acknowledged before me this \' h day of tt� , 2022, by John P. Lopardo and Donna P. Lopardo, Trustees of The John P. and Donna P. Lopardo Revocable Living Trust. (SEAL) otary Public .0'pNL`LEE ''%� o Notary Registration Number: 131 b 7 I a - of I My Commission Expires: j ,l 31 ,Z. 3 p' ' GIN\?:.••'• puckoo APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM \fh. / P� BLIC W• •KS - REAL ESTATE DANA R. HARMEYER SENIOR CITY ATTORNEY 7 PROPOSED 6'x6' NOW OR FORMERLY LAKE JOYCE LANDSCAPING TIMBER CITY OF VIRGINIA BEACH M.B. 62, PG. 37 EDGE OF WATER ALONG D.B. 1018,,PG. 154 GPIN: 1570-80-2438 EX. WOOD BULKHEAD EXISTING 51.9 EDGE OF WATER ALONG FLOATING DOCK WOOD DOCK 44.0= o EX. BOCK BULKHEAD OF OTHERS W 1 9 0 ;,_ 39.2' N. 35.6 � "' � WOOD DOCK 1 --7 - •---• WOOD DOCK OF OTHERS re,. = %.. : ci :=.- s= -s._-- ,- _. - OF OTHERS • - _ -"52.8' ,- • .29.1 PROPOSED 5.5'x93' NOW OR FORMERLY s 4.0 20' STRIP OWNED BY --- -: -o RIP RAPS TYP. m CITY OF VIRGINIA BEACH a, EX. CONCRETE :: N PROPOSED 9 x12 v i BOAT RAMP 1:1: TIMBER BOAT RAMP D.B. 1018, PG. 154 M.B. 62, PG. 37 n , PIN r GPIN: 1570-80-2438 PIN I N 88'16'05" E 92.38' NOW OR FORMERLY 1 JAMES R. BORBERG 5' EASEMENT ; REVOCABLE LIVING TRUST M.B. 62 P. 37 ---.-1D.B. 4216, PG. 1710 1 LOT 5 BBQ CONCRETE I M.B. 62, PG. 37 NOW OR FORMERLYNEEE.E1 _ GPIN: 1479-69-4142 CURTIS EDWARD BAILEY LIVING TRUST i JOHN P.&DONNA P. LOPARDO 1 �ALTB p I.N. 20140905000837140 1 REVOCABLE LIVING TRUST 1 o �`� �G LOT 3 0 1 I.N. 20090318000281240 I N .O r M.B. 62, PG. 37 0 ; LOT 4 GPIN: 1479-69-2054 14 ; M.B. 62, P.G. 37 ► O .1 GPIN: 1479-69-3056 UDA1*eNP'1, ER i am ` c.No. 38395 5 w 2 STORY ::: :-:: •:: o p�� 1�2 w BRICK & FRAME .:::::::I.:.:. p S,s �G #4528 ::::::•{:. co I°NAL '. _ ::: ::; : 0 0 40 80 O ; 6111.1111.1111611.11 .. r�::• (n co I :CC:•): 1. THIS PLAN WAS PERFORMED WITHOUT in ; w• %:: THE BENEFIT OF A TITLE REPORT. 0 �2. THIS EXHIBIT IS INTENDED FOR AN z I :Z::: :: ENCROACHMENT REQUEST ONLY. :::.::.F:•: PIN EXHIBIT A 1 ::: ::::{:. ENCROACHMENT SHOWING 1 PROPOSED RIP RAP, TIMBER BOAT -56� RAMP, LANDSCAPE TIMBER AND 169,2, 10 i PIN ��Op EXISTING WOOD DOCK, BLOCK ENwE`` ROAD BULKHEAD, WOOD BULKHEAD & + 1 50 `�• GRE PIN .56,00" W 6 S�� R�� CONCRETE BOAT RAMP 5 �� E ROAD FOR AGK GOv 62 pG.37 JOHN P. AND DONNA P. LOPARDO B�" 1,A.13. g REVOCABLE LIVING TRUST GALLUP LOCATED ON LOT 4, BLACK COVE POINT SURVEYORS & ENGINEERS M.B. 62, PG. 37 T; 323 FIRST COLONIAL ROAD r' VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH, VIRGINIA r- (757)428-8132(757)425-2390 FAX Scale: 1"=40' I Date: JANUARY 20, 2021 I Sheet: 1 of 1 W:\Lopardo,John&Donna-4528 Black Cove Road\20-98 Exhibit.dwg,5/4/2022 3:10:16 PM 61 ITEM— V.J.9 ORDINANCES/RESOLUTIONS ITEM#73163 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to EXTEND the date for satisfying the conditions re closing a 334 square foot portion of an unimproved right-of way adjacent to the rear of 317 4S`"Street Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley,N. D. "Rocky"Holcomb,Delceno C.Miles,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None August 16, 2022 1 AN ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A 334 SQ. FT. PORTION 4 OF AN UNIMPROVED RIGHT-OF-WAY 5 ADJACENT TO THE REAR OF 317 45TH STREET 6 7 WHEREAS, on September 7, 2021, the Council of the City of Virginia Beach 8 acted upon the application of Jeffrey and Paige Madrigal (the "Applicants") for the 9 closure of an approximately 334 sq. ft. portion of an unimproved right-of-way, adjacent 10 to the rear of their property located at 317 45th Street (GPIN: 2418-87-5164); 11 12 WHEREAS, City Council adopted an Ordinance (ORD-3674A) to close the 13 aforesaid portion of right-of-way, subject to certain conditions being met on or before 14 September 6, 2022; and 15 16 WHEREAS, on August 2, 2022, the Applicants requested an extension of time to 17 satisfy the conditions to the aforesaid street closure action. 18 19 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 20 Beach, Virginia: 21 22 That the date for meeting conditions of closure as stated in the Ordinance 23 adopted on September 7, 2021 (ORD-3674A), upon application of Jeffrey and Paige 24 Madrigal, is extended to September 6, 2023. 25 26 Adopted by the Council of the City of Virginia Beach, Virginia, on this 16 t h day 27 of August , 2022. 28 29 No GPIN Assigned (Right-of-Way) 30 Adjacent GPIN: 2418-87-5164 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: azo, tQ, old-4,1v City Attorney Planning epartry(ent CA15799 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d002\p042\00821881.doc R-1 August 4, 2022 62 ITEM— V.J.10 ORDINANCES/RESOLUTIONS ITEM#73164 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to APPROPRIATE $90,000 from the Oyster Heritage Trust Fund to the FY 2022-23 Public Works Operating Budget re oyster shell recycling Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N.D. "Rocky"Holcomb,Delceno C.Miles,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None August 16, 2022 1 AN ORDINANCE TO APPROPRIATE $90,000 FROM 2 THE OYSTER HERITAGE TRUST FUND 3 4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA, THAT: 6 7 $90,000 is hereby appropriated from the fund balance of the Oyster Heritage Trust 8 Fund to the FY 2022-23 Operating Budget of the Department of Public Works, with 9 revenues increased accordingly, for the Virginia Oyster Heritage Program. Requires the affirmative vote of a majority of all members of the City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the 16 t h day of August , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: kaaj /t7C. Budget and Management Services City Attorney's Office CA15887 R-2 August 5, 2022 63 ITEM— V.J.11 ORDINANCES/RESOLUTIONS ITEM#73165 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $51,700 In Lieu of Park Reservation from Enclave at Victory subdivision development to CIP#100299, Park Playground Renovations III Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley, N. D. "Rocky"Holcomb, Delceno C.Miles,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None August 16, 2022 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS TO CIP #100299, "PARK PLAYGROUND 3 RENOVATIONS III," FOR A CASH IN LIEU OF PARK 4 RESERVATION PAYMENT 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 (a) $51,700 is hereby accepted in lieu of a park reservation from the Enclave at 10 Victory subdivision development, with local revenue increased accordingly; and 11 12 (b)$51,700 is hereby appropriated to CIP#100299,"Park Playground Renovations 13 III." Requires the affirmative vote of a majority of all members of the City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the 16 t h day of August , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: • , f-tt Budget and Management Services City Attorney's Office CA 15886 R-1 August 2, 2022 64 ITEM— V.J.12 ORDINANCES/RESOLUTIONS ITEM#73166 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to TRANSFER $136,494 within the FY 2022-23 Virginia Aquarium Operating Budget re security services Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley,N. D. "Rocky"Holcomb,Delceno C.Miles,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None August 16, 2022 1 AN ORDINANCE TO TRANSFER $136,494 WITHIN THE FY 2 2022-23 OPERATING BUDGET OF THE VIRGINIA 3 AQUARIUM FOR SECURITY SERVICES 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $136,494 is hereby transferred from controlled personnel accounts to the 9 contractual services accounts of the Virginia Aquarium for the continuing provision of 10 security and after-hours monitoring at the facility and campus. 11 Adopted by the Council of the City of Virginia Beach, Virginia on the 16 t h day of August , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 4- TsBudget and Management Services City Attorney's Office CA15882 R-1 August 2, 2022 65 ITEM— V.K.1 PLANNING ITEM#73167 The following registered to speak: Billy Garrington, Consultant for Applicant, 471 Southside Road, Phone: 428-4245, spoke in SUPPORT Fran Sansone, representative of the Princess Anne Plaza Civic League, 3601 Presidential Circle, Phone: 831-9111, spoke in OPPOSITION Barbara Messner, P. O. Box 514, spoke in OPPOSITION Arthur Terlecki, 125 Presidential Boulevard, Phone: 615-3423, spoke in OPPOSITION Eve Terlecki, 125 Presidential Boulevard, Phone: 615-2364, spoke in OPPOSITION Bogdan Terlecki, 125 Presidential Boulevard, Phone: 615-2364, spoke in OPPOSITION Peter Berning, 104 Presidential Boulevard, Phone: 409-5784, expressed applicant should be in full compliance of all conditions Sandra Shinabarger, 168 Waverly Drive, Phone: 375-5886, spoke in OPPOSITION Cat Porterfield, 219 57th Street, Phone: 323-6430, spoke in OPPOSITION Kim Mayo, 4807 Secure Court, Phone: 450-3011, spoke in OPPOSITION Kyle Korte, 200 Bendix Road, Suite 300, Phone: 497-6633, spoke in SUPPORT Upon motion by Council Member Berlucchi, seconded by Vice Mayor Wilson, City Council APPROVED, AS MODIFIED,AS REVISED,Application of WINNER'S PROPERTIES, LLC/THE RUNNYMEDE CORPORATION& EVERGREEN VIRGINIA, LLC for a Modification of Conditions re car sales and service at 3700& 3736 Sentara Way DISTRICT 3 (Formerly District 3—Rose Hall) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA WINNER'S PROPERTIES, LLC / THE RUNNYMEDE CORPORATION& EVERGREEN VIRGINIA, LLC for a Modification of Conditions re car sales and service at 3700 & 3736 Sentara Way (GPINs 1487523853, portion of 1487428775) DISTRICT 3 (Formerly District 3—Rose Hall) The following conditions shall be required. 1. All conditions attached to the existing Conditional Use Permits and Modification of Conditions approved by the Virginia Beach City Council on February 25, 1997, December 18, 2002, May 25, 2004, and November 12, 2013, shall be null and void and replaced with the conditions listed below. 2. The site layout shall be in substantial conformance with the submitted plan entitled, "Conceptual Site Layout Plan of Checkered Flag Genesis— Virginia Beach, Virginia," dated March 24, 2022, and prepared by Orbis Landscape Architecture, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. August 16, 2022 66 ITEM— V.K.1 PLANNING ITEM#73167 (Continued) 3. The design, locations, and sizes of Building A and Expansions 2002, Building B and Expansions 2013, and Building C shall substantially adhere to the submitted Conceptual Site Layout Plan noted in Condition 2. 4. The color scheme and design of Buildings A and B shall be in keeping with the submitted color board provided with the 1997 Conditional Use Permit application. Minor deviations to the buildings' exterior are permitted subject to the Planning Director's review and ultimate approval. 5. The building materials and color scheme of the Building A Expansions 2002 shall substantially conform with the submitted elevation plan titled "Conceptual Elevations for the Auto Nation Expansion, Virginia Beach, Virginia,"prepared by Lyall Design Architects, and dated July 15, 2002,provided with the 2002 Modification of Conditions application. Said elevation plan is on file in the City of Virginia Beach Department of Planning and Community Development. 6. The building materials and color scheme of the Building B Expansions 2013 shall substantially conform with the submitted elevations entitled "Volkswagen Checkered Flag, Exterior Building Elevations"prepared by Lyall Design Architects and dated July 1, 2013,provided with the 2013 Modification of Conditions application, which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 7. The design, building materials and color scheme of Building C shall substantially conform with the submitted elevations entitled, "Checkered Flag Genesis at Hyundai Word—Floor Plan—Prototype Exterior Renderings", dated March 24, 2022,prepared by Covington Hendrix Anderson Architects, and provided with the 2022 Modification of Conditions application, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 8. The proposed vehicular ingress/egress at the intersection of Sentara Way and the private drive known as Hyundai World Way shall meet the Public Works Design Standards Manual. 9. No statue shall be permitted in a vehicle display area at any of the vehicular ingress/egress points for the property. An exhibit drawing or photograph of any statues proposed elsewhere on the site shall be submitted to the Planning Director for review and approval prior to issuance of a building permit and commencement of construction. August 16, 2022 67 ITEM— V.K.1 PLANNING ITEM#73167 (Continued) 10. Any shade structure shall be substantially in conformance with the submitted brochure titled "Shade Structures" provided with the 2002 Modification of Conditions application, which is on file with the Planning Department. The shade structures shall meet the following requirements: • The framework shall be on noncombustible construction. • The fabric shall be flame resistant. • The structures shall meet wind load requirements in the area. • The fabric or cover of the structure shall be red, blue or white, in color, or a combination thereof to match the buildings. 11. No vehicle display shall be located between the existing stormwater management facility and Interstate 264 that would disrupt access and/or maintenance within the City drainage easement or disturb the existing ditch. A layout of this vehicle display with dimensions in this area shall be submitted to the Planning Director for review and approval. 12. Prior to final Site Plan approval, a Landscape Plan shall be submitted to the Department of Planning and Community Development for review and approval. The Landscape Plan shall be in substantial conformance with the submitted plan entitled, "Conceptual Site Layout Plan of Checkered Flag Genesis— Virginia Beach, Virginia", dated March 24, 2022, and prepared by Orbis Landscape Architecture, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development with the additional requirement that the existing meandering three(3)foot tall berm shall remain and all other portion of the property along rights-of-way, including I-264, shall be planted with streetscape plantings per the standards set forth in the City of Virginia Beach Landscaping Guide. 13. No trees or vegetation shall be removed by the applicant from the City or State land located between the subject site and I-264 or from the Third Street right-of-way without written permission from the City or State, as applicable. 14. The existing vegetations in the area labeled as "1.3 acre portion of GPIAI 1487 42 8775 to be conveyed to City of Virginia Beach"on the submitted plan entitled, "Conceptual Site Layout Plan of Checkered Flag Genesis Virginia Beach, Virginia,"dated March 24, 2022, and prepared by Orbis Landscape Architecture shall remain and no construction shall occur in that area. 4 14. All signage on the property shall be subject to the sign regulations set forth in the Zoning Ordinance. A separate sign permit shall be obtained from the Planning Department for the installation of any signage.Any freestanding sign shall be monument- style with foundation plantings installed as required by the Zoning Ordinance. August 16, 2022 68 ITEM— V.K.1 PLANNING ITEM#73167 (Continued) 15. Hours of operation specifically related to performing auto repair and meeting customers for auto sales shall be limited to between the hours of 7:00 a.m. to 10:00 p.m. 16. All repair, service, maintenance, cleaning, and washing of vehicles shall be conducted inside the service center.Bay doors on the service center shall be closed while repair work is being conducted except for entering and exiting of vehicles. 17.All vehicles for sale shall be located on a paved surface within the designated display area identified on the plan referenced in Condition 2 above. Except for the existing two raised platforms along Rosemont Road and seven raised platforms within the interior parking lot for vehicle display as noted on the Conceptual Site Layout Plan, which may remain until such time they are removed, no vehicles shall be displayed on raised platforms, earthen berms, landscape islands, or any other structure designated to display a vehicle higher than the elevation of the main parking lot except as permitted by Condition 11. 4-9- 18.All storage merchandise, or debris shall be within a fully enclosed structure. Storage of tires may be permitted within an enclosed structure without a roof cover. No outside storage of the aforementioned shall be permitted. 20. 19. No outside storage of vehicles in a state of obvious disrepair shall be permitted on the site. 24, 20. The use of an outdoor amplified speaker or paging system shall be prohibited. 22 21. There shall be no signs which contain or consist of pennants, ribbons, streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted,pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. There shall be no portable or nonstructural signs, or electronic display signs on the site. 23. 22. There shall be no neon or electronic display signs, or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. No window signage shall be permitted. 24, 23. No motor vehicle shall be displayed for sale or rental within the first five (5)feet of any front yard or side yard abutting the right-of-way line of a street to be measured from the property line to any displayed motor vehicle on the premises. August 16, 2022 69 ITEM— V.K.1 PLANNING ITEM#73167 (Continued) 24. A Lighting Plan shall be provided to the Department of Planning for review and approval prior to final site plan approval. All light fixtures on the site that are within twenty-five(25)feet of a property line from Sentara Way shall be no taller than fourteen (14)feet in height and shall be retrofit with additional shields within ninety(90) days of the date of City Council approval, and as required by the Zoning Ordinance. 26 25. Except for the two (2) light fixtures that are directed upward on the flagpole that is located between the buildings and I-264, all light fixtures shall be shielded and directed downward to contain light on the property. All lighting shall be directed away from the nursing facility located to the west, and away from the residentially-zoned property located to the south across Sentara Way. 27. 26. On site loading and unloading of vehicles shall be limited to the areas depicted for such purpose on the Concept Plan identified in Condition 2 above. The loading and unloading of vehicles within the public rights-of-way shall be prohibited. 27. Only one flagpole representing the dealership or car manufacturer shall be permitted on the site. 29, 28. On-street employee parking shall be prohibited. 30. 29. Plant and lawn clippings and other waste from this property shall be disposed of in a lawful manner and shall be prohibited from being left in the public right-of-way. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 16h day of August Two Thousand Twenty Two. Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N. D. "Rocky"Holcomb, Delceno C. Miles,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None August 16, 2022 nr _ - 0 0 a LI Erin rr-i- , Il!ipilo ,„II) . .,, 0 G °in ' 0 i j - 'In E5f 1 ' Dri/ tCp st, ._ i z e&, . I D l'-' El lin 0 i I lik D Ce >. Ce cg on 10 =f(!L . .T4- ' ' C14 1 li-' ), \\\ - c() r_LiP‘L9 -Q.\- ° 6 Li 11)) .- I o - ° iM° 0 s P - 0.-5-A' \ 6\° li ❑ dQ\ " #�' p , i I.El o � I : co-\ ,-.\ Ail -_ \--rs\ c 'Di'°' *in 0„Q‘Poo ,,ii 's Eta. ° \\. * cn 0 Q.` Ar`' �� Q \-W N X a) N $17... c:2 0. ,. co -t-S,- 0 &L ille.T;(), . C. \ 0111 I 2 N I :/`;', ',4\\ its �ti � N--* \ it .do 1 D mi N co >3 r \ N ♦ / CO e ❑ � I N J I 0 I,: Nc J „\ 0•° '-- c `� 1LLui1 >r � N � i • o co ' m 4 \ E 4.6‘ ip. , 0.) CD 0) \ c`' ' ==:= :,>- *? %.6 . 0 po sa. 0 L to -_�„'s:. �Q' 11 cn cr.; / (� .. / CO \ , \ ç \\ CN''''' ' \ ;, . el! M 4 • 1 °03 . \ / \\ Qz'' G'dr ‹). 1 in-- I ? 0 0 c r10 .,-. i \ \ ' ti&--- 0 - NI \ \ \ ... ik \ Atv ..: n \ ri, p - I ---,--,-- NS 0 K. ,--iya Li \ to CI), 0 N \ \ iS.--. N 0) ----,, -C CO \ \ W CO i----i ri Eft\ 2 ' WiMil , t, \ \\ . CI crl T 0 (n CL N CO 70 ITEM— V.K.2 PLANNING ITEM#73168 The following registered to speak: John Mamoudis, Applicant, , Phone: , spoke in SUPPORT Lisa Murphy, spoke in SUPPORT Barbara Messner, P. O. Box 514, spoke in OPPOSITION Upon motion by Council Member Holcomb, seconded by Vice Mayor Wilson, City Council APPROVED, AS PROFFERED,Application of WITCHDUCK REAL PROPERTY,INC for a Conditional Change of Zoning from I-2 Heavy Industrial District to Conditional A-36 Apartment District re construction of up to 438 multi family dwelling units at a density of 35.72 units per acre at 122 Mac Street DISTRICT 4 (Formerly District 4—Bayside) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA WITCHDUCK REAL PROPERTY, INC for a Conditional Change of Zoning from I-2 Heavy Industrial District to Conditional A-36 Apartment District re construction of up to 438 multi family dwelling units at a density of 35.72 units per acre at 122 Mac Street (GPIN 1467837448) DISTRICT 4(Formerly District 4—Bayside) The following conditions shall be required: An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 16`"day ofAugust Two Thousand Twenty Two. Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N. D. "Rocky"Holcomb,Delceno C.Miles,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None August 16, 2022 V �°V v Gj ` ��° OU O a°v ,= N : t QO O --- ) , Q \ ,,.° � 000 0 , q Z - 7 n 0ik\ ', Q/� 0 ?'N, O N , % 3 0 , ° ,4i 1`� o e \ �o°4 ° C 00 O ° \ M Ir' 0 , y' \e., / \7*. \ . tO \ r- 0 M o o a N 4 N, to tpv u 0Cc-8 e i -5 o LI i u... . \o: . IN \\\\* c76.\ } CD 4-, I _ •.___.I I I I I I 11-M--111 -15. V/ 2 EL) I— fa. c71) — / / 72 \ '04 , CD 0 t N c° ' • p CO CO V I,rsj Q ' 6 4k- )0,, , co - ei,te / S'S' / - 17— . " g)Tr /76 \. I - __ .... V ,im.....„ 1,, Ca- itl,,,,,,,,, "liwillMW 44* p_ ji3fl_________0 --..., ,--_______, , _ p ,N IA4 E[1 N' 11 \\ // .____________. 40 V N® /V/ c� o O , /,:/ m.7.:, \ %- / iff / 1 o o , ‘I'' ' / -_. /f 0 1\ / t44 / \ hf CD c •- in � N m 0 , pa 1 0 i N�^ R. f �° ,Ors WITCHDUCK REAL PROPERTY, INC. TO (PROFFERED COVENANTS,RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT ("Agreement" or "Declaration") is made and entered into as of the Effective Date (as such date is defined in this Agreement), by and between WITCHDUCK REAL PROPERTY, INC., a Virginia corporation ("GRANTOR"), Grantor for indexing purposes, and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia,being referred to herein as ("GRANTEE"). WITNESSETH: WHEREAS, GRANTOR is the owner of that certain approximately 12.26 acre parcel of improved real property located in the City of Virginia Beach, Virginia, commonly referred to as GPIN: 1467-83-7448-0000, located at 122 Mac Street,more particularly described in Exhibit A, attached hereto, and incorporated herein by reference ("Property"); WHEREAS, GRANTOR has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia,by petition addressed to GRANTEE so as to change the Zoning Classification of the Property, from I-2 Heavy Industrial District to Conditional A-36 Apartment District; WHEREAS, it is GRANTEE's policy to provide only for the orderly development of land for various purposes through zoning and other land development legislation; WHEREAS, GRANTOR acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the proposed rezoning gives rise; and WHEREAS, GRANTOR has voluntarily proffered, in writing in advance of and prior to the public hearing before GRANTEE, as part of the proposed amendments to the Zoning Map of the City of Virginia Beach, Virginia("Zoning Map")with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the GPIN: 1467-83-7448-0000 Prepared by: Lisa M.Murphy,Esquire(VSB #39111) Willcox& Savage,P.C. 440 Monticello Avenue, Suite 2200 Norfolk,Virginia 23510 Property, which have a reasonable relation to the proposed rezoning and the need for which is generated by the proposed rezoning. NOW,THEREFORE, the GRANTOR, and its successors, assigns, grantees and other successors in title or interest, voluntarily and without any requirement by or exaction from the GRANTEE or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan,building permit, or subdivision approval,hereby makes the following declaration of covenants and restrictions which shall restrict and govern the physical development,operation, and use of the Property and hereby covenants and agrees that these proffers shall constitute covenants running with the Property,which shall be binding upon the Property and upon all parties and persons claiming under or through the GRANTOR, and its successors, assigns, grantees and other successors in interest or title: 1. The Property shall be developed in substantial conformity with the conceptual site plan entitled `Breeden Investment Properties, Inc. Architectural Site Plan—Scheme 05, 122 MAC ST, Virginia Beach, VA",prepared by Humphreys&Partners Architects, L.P. dated May 17, 2022 ("Conceptual Site Plan"),which has been exhibited to the Virginia Beach City Council ("City Council")and is on file with the Virginia Beach Department of Planning("Planning Department"). 2. The architectural design and building materials of the multi-family dwelling units built on the Property shall be substantially compatible with the architectural style and materials depicted on the building elevation plans entitled"Breeden Investment Properties, Inc. Elevations— 122 MAC. ST, Virginia Beach, VA", dated April 11, 2022,prepared by Humphreys&Partners Architects, L.P., which have been exhibited to City Council and are on file with the Planning Department. 3. The Property shall be landscaped in substantial conformity with the conceptual landscape plan entitled "Conceptual Landscape Plan 122 MAC ST. APARTMENTS City of Virginia Beach, Virginia"prepared by AES Consulting Engineers dated May 9, 2022, which has been exhibited to City Council and is on file with the Planning Department. 4. GRANTOR will obtain a phase II environmental site assessment prepared in accordance with ASTM E1903-19 and will provide a copy to the Planning Department prior to site plan approval. If the phase II environmental site assessment recommends contamination remediation, upon completion of the recommended remediation, the GRANTOR will provide the Planning Department with either a copy of a"no further action" letter from the Virginia Department of Environmental Quality ("VDEQ"), or if no such letter or other form of written confirmation is available from VDEQ, an opinion by a licensed engineer confirming that the recommended contamination remediation has been completed,prior to the release of any building permits. 2 5. GRANTOR will submit a Traffic Impact Study ("TIS")to the Traffic Engineer for the Department of Public Works prior to site plan submittal. Based upon the results of the Traffic Engineer's analysis of the TIS, GRANTOR shall, if necessary, adjust or modify its site plan to include any necessary on-site right of way dedications and/or on-site turn lane improvements. In addition, if required by the TIS, GRANTOR shall complete signal system retiming and/or other off-site improvements within existing City right of way, prior to the issuance of the first certificate of occupancy for this project. 6. There shall be no more than four hundred thirty-eight(438)multi-family dwelling units on the Property. 7. The freestanding community identification sign shall be located at the main entrance to the Property off of Mac Street in approximately the location depicted on the Conceptual Site Plan;however, the orientation will be determined prior to sign package submittal. 8. All onsite signage shall meet the requirements of the City Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals. The proposed sign package will be submitted to the Zoning Administrator for review and approval prior to the issuance of a sign permit. 9. The Effective Date of this Agreement shall be the date this Agreement is approved by City Council. All references herein to the A-36 Apartment District and to the requirements and regulations applicable thereto refer to the City 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 GRANTOR and allowed and accepted by GRANTEE as part of the amendments to the Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date this Agreement is approved by City Council, 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("Clerk's Office") 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 City Council 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. 3 1. The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia,to administer and enforce the foregoing conditions and restrictions, including the authority(a)to order, in writing, that any noncompliance with such conditions be remedied, and(b)to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; 2. The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; 3. If aggrieved by any decision of the Zoning Administrator,made pursuant to these provisions, GRANTOR shall petition the governing body for the review thereof prior to instituting proceedings in court; and 4. The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office and indexed in the names of each of the GRANTOR and GRANTEE. [THIS SPACE INTENTIONALLY LEFT BLANK. SIGNATURES AND SEALS ON FOLLOWING PAGE.] 4 WITNESS the following signature and seal. GRANTOR: WITCHDUCK REAL PROPERTY, INC., a Virginia corporation By: (SEAL) Name: aiA Ca44 j n i Title: (/i le - -re s i d en c/ COMMONWEALTH OF VIRGINIA CITY OF U i yG ii4 i 4 &aCh , to wit: The foregoing instrument was acknowle9Iged before me this 16 day of May 2022, by Mai"k C d is n► , as Vitt- IPye,s i ev,t of WITCHDUCK REAL PROPERTY, INC.,a Virginia c�5 oration on behalf of said corporation. rp [SEAL] �.«n1N1n,,,,,,, al i Gr`4 Q GpN. EPC/O Notary Public '••'' '••�' Registration No: 780 /( e r••' NOTARY '•f" s 4.• PUBLIC ••rr �/ REG.N 7604608;�_ My Commission Expires: 05/30/20a?6 n• EXPIRES s 04/30/2026 . ''•..,sr , AITH +0� a4•u.•moot- [Signature Page to Proffered Covenants, Restrictions and Conditions] I-1878334.1 1-1878358.1 Exhibit A to • Proffered Covenants, Restrictions and Conditions Legal Description of the Property All that certain tract, or parcel of land, with the buildings and improvements thereon and the appurtenances thereunto belonging, situate in the City of Virginia Beach, Virginia,being designated and described as "PARCEL 2A, 12.693 AC.",as shown on that certain plat entitled "RESUBDIVISION OF PARCEL 2 SUBDIVISION OF PROPERTY OF ARTHUR PEREGOFF, AGENT (M.B 94 P.9) KEMPSVILLE BOROUGH VIRGINIA BEACH, VIRGINIA", dated August 3, 1973,made by Baldwin and Gregg, Engineers-Planners-Surveyors, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, in Map Book 114 at page 38, to which plat reference is hereby made for a more particular description of the property hereby conveyed. AND That certain easement over the following described property: All that certain piece or parcel of land, lying, situate and being in the Kempsville Borough, the City of Virginia Beach, Virginia, and being designated as "EASEMENT B", as shown on that certain plat entitled "PLAT II SHOWING INGRESS &EGRESS EASEMENTS ON RESUBDIVISION OF PARCEL 2 SUBDIVISION OF PROPERTY OF ARTHUR PEREGOFF, AGENT (M.B. 94, PG. 9) KEMPSVILLE BOROUGH, VIRGINIA BEACH,VIRGINIA", Scale 1" = 100', dated April 19, 1974, made by Baldwin and Gregg, Engineers-Surveyors-Planners, and which plat is recorded in the aforesaid Clerk's Office in Map Book 116 at page 32,reference to which plat is made for a more particular description of said property. AND The perpetual right, easement and privilege for ingress and egress, along, over and across the following described property,to wit: All that certain piece or parcel of land, lying, situate and being in the Kempsville Borough, the City of Virginia Beach,Virginia, and being part of "PARCEL 2B", as shown on that certain plat entitled"RESUBDIVISION OF PARCEL 2 SUBDIVISION OF PROPERTY OF ARTHUR PEREGOFF, AGENT(MB. 94,P.9) KEMPSVILLE BOROUGH,VIRGINIA BEACH, VIRGINIA", Scale: 1" = 100', dated August 3, 1973,made by Baldwin and Gregg, Engineers-Surveyors-Planners,Norfolk, Virginia,which plat is recorded in Map Book 114 at page 38, reference to which plat is made for a more particular description of said property, as follows: To establish a point of beginning,begin at a certain point in the northern line of that certain piece or parcel of land designated as "PARCEL 2B", as shown on the aforementioned plat,which point is the northeastern corner of said Parcel 2B. Thence run N 84 degrees 54' 30" W, a distance of 525.16 feet to a point, which point of beginning; thence from said point of beginning, turning and running N. 84 degrees 54' 30"W., a distance of 50 feet to a point; thence turning and running along the arc of a curve to the left the radius of which is 50 feet, an arc distance of 78.54 feet to a point; thence turning and running N. 05 degrees 05'30" E., a distance of 50 feet to the point of beginning. A-2 AND That certain easement over the following described property: All that certain strip,piece or parcel of land,being rectangular in shape and being 24 feet, more or less, in width and 92 feet, more or less, in length and being shown and designated as that certain hatchmarked parcel marked "EASEMENT', as shown and described on that certain plat entitled "NORFOLK SOUTHERN RY. CO. EUCLID PROPERTY EUCLID, VA. M.B. 65",prepared by the Office of the Chief Engineer, Raleigh,N.C., dated September 25, 1970, and recorded in Deed Book 1319 at page 345,reference to which plat is made for a more particular description of said property as follows: Beginning at a point where the centerline of Pennsylvania Avenue intersects the southern most line of Lafayette Avenue (now known as Southern Boulevard), as shown on the said plat,thence running along the southernmost line of the said Lafayette Avenue in an easterly direction, 12 feet, more or less, to a point; thence turning and running in a southerly direction across the right of way of Norfolk Southern Railway Company, as shown on the said plat, a distance of 92 feet, more or less, to a point in the northern boundary line between the property of Norfolk Southern Railway Company and the property of the first parties; thence turning and running along the aforesaid boundary between Norfolk Southern Railway Company and the first parties, in a westerly direction, a distance of 24 feet, more or less; thence turning and running in a northerly direction across the property of Norfolk Southern Railway Company,a distance of 92 feet,more or less,to the southern line of Lafayette Avenue, as shown on the said plat; thence turning and running in an easterly direction along the southern boundary line of Lafayette Avenue, a distance of 12 feet, more or less,to the point of beginning. SUBJECT HOWEVER, to the understandings,reservations and conditions recited in the aforesaid Deed of Easement dated December 15, 1972,recorded in said Clerk's Office in Deed Book 1319 at page 341. AND The perpetual right, easement and privilege for traversing over, along, and across a certain 20-foot-wide railroad siding designated as "20' R/W EASEMENT", which extends from the railroad right of way of the Norfolk Southern Railway Company designated as "NORFOLK SOUTHERN RAILWAY CO. 40'R/W" and runs in a generally southwesterly and westerly direction across PARCEL 2B to the adjacent PARCEL 2A, as shown on that certain plat entitled "RESUBDIVISION OF PARCEL 2 SUBDIVISION OF PROPERTY OF ARTHUR PEREGOFF, AGENT (M.B. 94 P. 9)KEMPSVILLE BOROUGH, VIRGINIA BEACH, VIRGINIA", Scale: 1" = 100', dated August 3, 1973, made by Baldwin and Gregg, Engineers-Surveyors-Planners,Norfolk,Virginia,which plat is recorded in Map Book 114 at page 38,reference to which plat is made for a more particular description of said property. IT BEING the same property conveyed to Witchduck Real Property, Inc., a Virginia corporation by deed from Lawyers Title Realty Services, Inc., Substitute Trustee, dated February 3, 1997, and recorded February 4, 1997, in Deed Book 3704 at page 1321. LESS AND EXCEPT property conveyed by Certificate of Take recorded as Instrument No. 20151230001240680 and shown on plat recorded as Instrument No. 20151230001238860. A-2 71 ITEM— V.K.3 PLANNING ITEM#73169 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council APPROVED,AS CONDITIONED,BY CONSENT,Application of WILLIAM M. & JONI P. GREENE CO-TRUSTEES OF THE WILLL4M M. GREENE REVOCABLE TRUST & CO-TRUSTEES OF THE JONI P. GREENE REVOCABLE TRUST for a Conditional Use Permit re alternative residential development at 1900 Landing Road DISTRICT 2 (Formerly District 7—Princess Anne) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA WILLL4M M. & JONI P. GREENE CO-TRUSTEES OF THE WILLL4M M. GREENE REVOCABLE TRUST& CO-TRUSTEES OF THE JONI P. GREENE REVOCABLE TRUST for a Conditional Use Permit re alternative residential development at 1900 Landing Road (GPIN 2317072265)DISTRICT 2(Formerly District 7—Princess Anne) The following conditions shall be required: 1. When Lot B is developed, the exterior of the proposed building shall substantially adhere in appearance, size, and materials to the submitted elevations entitled "New Residence for Kristin Bird,"prepared by Bauman Design, dated June 15,2022,which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. The fifty (50)-foot wide, vegetative buffer set forth in the Rural Area Development Guidelines of the Comprehensive Plan shall not be required. 3. A subdivision plat shall be required to be recorded prior to release of the approved final site plan. 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 16`h day ofAugust Two Thousand Twenty Two. Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley,N.D. "Rocky"Holcomb,Delceno C.Miles,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None August 16, 2022 f R20 /- 0 \\ AG1 a a 0 a • ° O� <> <> q7 \ c90 \• <41 b -, * >\// AG:2, \'ib' AG 2 0 :::).' fe `. e O op .7-, 0 o AG1 / 7 i, Site - W-r�l� l; William M. & Joni P. Greene Co Trustees of the , 0 Property Polygons William M. Greene Revocable Trust & S Zoning Co-Trustees of the Joni P. Greene Revocable Trust Building 1900 Landing Izoad - — --Feet 0 60120 240 360 480 600 720 72 ITEM— V.K.4 PLANNING ITEM#73170 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council APPROVED,AS CONDITIONED,BY CONSENT,Application of JENNIFER&JOSEPH BAILEY for a Conditional Use Permit re short term rental at 303 Atlantic Avenue, Unit 1404 DISTRICT 5 (Formerly District 6—Beach) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA JENNIFER & JOSEPH BAILEY for a Conditional Use Permit re short term rental at 303 Atlantic Avenue, Unit 1404 (GPIN 24273224032440) DISTRICT 5 (Formerly District 6—Beach) The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 303 Atlantic Avenue, Unit 1404 and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) Short Term Rental Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. The dwelling unit shall comply with all required Fire and Building Code requirements. 4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance(CZO) or as approved by City Council. 5. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department;however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. August 16, 2022 73 ITEM— V.K.4 PLANNING ITEM#73170 (Continued) 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least $1-Million 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each Short Term Rental shall have one(1)four(4) -square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one(1)rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. August 16, 2022 74 ITEM— V.K.4 PLANNING ITEM#73170 (Continued) 17. The maximum number of persons on the property after 11.00 p.m. and before 7:00 a.m. ("Overnight Lodgers') shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 18. The property owner, or their representative,shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit(in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks,porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks,porches, and balconies must be posted on each level of these structures. This Ordinance shall be effective in accordance with Section 107(1) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 16t11 day ofAugust Two Thousand Twenty Two. August 16, 2022 75 ITEM— V.K.4 PLANNING ITEM#73170 (Continued) Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley,N.D. "Rocky"Holcomb,Delceno C.Miles,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None August 16, 2022 OR \ ORet 4 th Stye _ -s feet �h I__ i, ( �� —It / , IA ' Si GRAM IP OR S - c 0 OR co / g tyeet Q' 3ydS .4) ' %Pk �Z Buie +., ---3rd OR ________--- 011- \ ', rA Site w-'4hi t Pro ert Pol ons Jennifer & Joseph Bailey ' _0- P Y Yg Zoning 303 Atlantic Avenue, Unit 1404 Building Feet 0 1530 60 90 120 150 180 76 ITEM— V.K.5 PLANNING ITEM#73171 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council APPROVED, AS CONDITIONED,BY CONSENT,Application of NIKOLA GEORGIEV for a Conditional Use Permit re short term rental at 303 Atlantic Avenue, Unit 402 DISTRICT 5 (Formerly District 6—Beach) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA NIKOLA GEORGIEV for a Conditional Use Permit re short term rental at 303 Atlantic Avenue, Unit 402 (GPIN 24273224032440) DISTRICT 5 (Formerly District 6—Beach) The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 303 Atlantic Avenue, Unit 402 and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) Short Term Rental Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. a) The dwelling unit shall comply with all required Fire and Building code requirements. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance(CZO) or as approved by City Council. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department;however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. August 16, 2022 77 ITEM— Y.K.5 PLANNING ITEM#73171 (Continued) 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through 'c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least $1-Million. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 Ores on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site, except that each Short Term Rental shall have one (1)four- square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 13. The Short Term Rental shall have no more than one(1)rental contract for every seven (7) consecutive days. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. August 16, 2022 78 ITEM— V.K.5 PLANNING ITEM#73171 (Continued) 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers') shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 17. The property owner, or their representative,shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 18. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks,porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks,porches, and balconies must be posted on each level of these structures. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 16`h'day of August Two Thousand Twenty Two. August 16, 2022 79 ITEM— V.K.5 PLANNING ITEM#73171 (Continued) Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley,N.D. "Rocky"Holcomb,Delceno C.Miles,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None August 16, 2022 1 OR \ \ 1 OR 4 et I \ th street ._____, sv-eet ,,,,,,, th / 7 -7, , \ es." I __ -- 1 , .... .. r a , 5 O/////J / "Pi• G . OR / . / OR co e / \„,, _ \ A Q- 0 If / '' . treet �� 1_= rd S , -__ O R �, 3 l Q" _--- OR 1 N KA Site w It r� Nikola Georgiev o Property Polygons s 0 Zoning 303 Atlantic Avenue, Unit 402 Building Feet 0 1530 60 90 120 150 180 80 ITEM— V.K.6 PLANNING ITEM#73172 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council APPROVED,AS CONDITIONED, BY CONSENT,Application of PHILIP A. FLETCHER for a Conditional Use Permit re short term rental at 303 Atlantic Avenue, Unit 1400 DISTRICT 5 (Formerly District 6—Beach) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA PHILIP A. FLETCHER for a Conditional Use Permit re short term rental at 303 Atlantic Avenue, Unit 1400 (GPIN 24273224032440) DISTRICT 5 (Formerly District 6—Beach) The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 303 Atlantic Avenue, Unit 1400 and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) Short Term Rental Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. a) The dwelling unit shall comply with all required Fire and Building code requirements. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance(CZO) or as approved by City Council. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. August 16, 2022 81 ITEM— Y.K.6 PLANNING ITEM#73172 (Continued) 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least $1-Million. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site, except that each Short Term Rental shall have one (1)four- square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 13. The Short Term Rental shall have no more than one(1)rental contract for every seven (7) consecutive days. August 16, 2022 82 ITEM— V.K.6 PLANNING ITEM#73172 (Continued) 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers') shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 17. The property owner, or their representative,shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit (in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 18. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks,porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks,porches, and balconies must be posted on each level of these structures. August 16, 2022 83 ITEM— V.K.6 PLANNING ITEM#73172 (Continued) This Ordinance shall be effective in accordance with Section 107(fl of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 16`"day of August Two Thousand Twenty Two. Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley,N.D. "Rocky"Holcomb,Delceno C.Miles,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None August 16, 2022 OR OR , eet .�, 1 � 4th Scr \ ' -- tt Street 7-= ' / \\ \ rfr:„, Iri so o ; %0\ G, tOR /////j OR CI/ / 4 CD a te ) / / \ Q e _ -------it \ 3rd ,,,1.4.' /, ...1.. •-• 1NP 4- / ____ d Stre ___ „.., 3r \\. O R Q" ; _____------ OR N rA Site W A I&E Property PolygonsPhillip A. Fletcher .v0J P Y s Zoning 303 Atlantic Avenue, Unit 1400 Building Feet 0 1530 60 90 120 150 180 84 ITEM— V.h.7 PLANNING ITEM#73173 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council APPROVED, AS CONDITIONED, BY CONSENT, Application of LORI& STUART GOLDWAG for a Conditional Use Permit re short term rental at 2002 Baltic Avenue DISTRICT 6(Formerly District 6—Beach) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA LORI & STUART GOLD WAG for a Conditional Use Permit re short term rental at 2002 Baltic Avenue(GPIN 24270719110000)DISTRICT 6 (Formerly District 6—Beach) The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 2002 Baltic Avenue and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) Short Term Rental Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance (CZO) or as approved by City Council. 4. The garage space within the unit must remain a minimum of nine(9)-feet by eighteen (18)- feet, contain a minimum eight (8)-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 5. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active,parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department;however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing, zoning,fire or other similar codes. 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2)) on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. August 16, 2022 85 ITEM— V.K.7 PLANNING ITEM#73173 (Continued) 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through `c'below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least $1-Million). 10. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. No signage shall be on-site, except that each Short Term Rental shall have one (1)four- square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 15. The Short Term Rental shall have no more than one(1)rental contract for every seven (7) consecutive days. August 16, 2022 86 ITEM— V.K.7 PLANNING ITEM#73173 (Continued) 16. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million underwritten by insurers acceptable to the City. 17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers') shall be two (2) individuals per bedroom, which number shall not include minors under the age of sixteen(16),provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 19. The property owner, or their representative,shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit(in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 20. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks,porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks,porches, and balconies must be posted on each level of these structures. August 16, 2022 87 ITEM— V.K.7 PLANNING ITEM#73173 (Continued) This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 16th day of August Two Thousand Twenty Two. Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley,N.D. "Rocky"Holcomb,Delceno C.Miles,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None August 16, 2022 . . -- 0 _______--- LA \ z -Alt,N ,' ace ) 0 et- O 3I . \ \ OI : ar 0 0 o N 1) ,.. _-- a) Ce \ I o �ce_ O___ r lc) o coN p , ,n _ 01—toi__ _", a \„,0 , w-, ,N rAla \ **II' , ' ve,a1t _ • c Nve co w %ligM _---. _ anus H .0••••si".".."' eaxtic - o_D______ En ;C>\\ _ :\ \-3 \O ,; P .\ tE)\04-- \ Ci lilt \ \:----3 0 1 1 \79, \ 't\ 1. \t\\1 -- ( CP\ g I ) -\C)Ce,o,_ 1 1‘ p3 Ce CZ, r \, �p \� N _ O N I ACI) __._ - Ii cr------\ \ 1°‘ ' ' 10 >, —0 a) .5 CO 88 ITEM— V.K.8 PLANNING ITEM#73174 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council APPROVED,AS CONDITIONED, BY CONSENT,Application of YOUSRY FARAGALLA for a Conditional Use Permit re short term rental at 314 29th Street, Unit A, DISTRICT 6(Formerly District 6—Beach) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA YOUSRY FARAGALLA for a Conditional Use Permit re short term rental at 314 29th Street, Unit A, (GPIN 24280102823141) DISTRICT 6 (Formerly District 6—Beach) The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 314 29th Street, Unit A and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) Short Term Rental Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short-Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance (CZO) or as approved by City Council. 4. The garage space within the unit must remain a minimum of nine(9)-feet by eighteen (18)- feet, contain a minimum eight (8)-foot wide vehicle entryway opening, and shall remain free of materials to ensure vehicular accessibility to the Short Term Rental tenants. 5. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short Term Rental use is active, parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 6. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department;however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. August 16, 2022 89 ITEM— V.K.8 PLANNING ITEM#73174 (Continued) 7. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two (2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 8. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one (1) hour. 9. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least $1-Million. 10. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 11. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 12. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 13. Accessory structures shall not be used or occupied as Short Term Rentals. 14. No signage shall be on-site, except that each Short Term Rental shall have one (1)four- square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. August 16, 2022 90 ITEM— V.K.8 PLANNING ITEM#73174 (Continued) 15. The Short Term Rental shall have no more than one(1)rental contract for every seven (7) consecutive days. 16. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million underwritten by insurers acceptable to the City. 17. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 18. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers') shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16(sixteen),provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). 19. The property owner, or their representative,shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit(in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in affect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. August 16, 2022 91 ITEM— V.K.8 PLANNING ITEM#73174 (Continued) 20. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks,porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks,porches, and balconies must be posted on each level of these structures. 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 16th day of August Two Thousand Twenty Two. Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley,N. D. "Rocky"Holcomb, Delceno C.Miles,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None August 16, 2022 lir Ix- I"7 vii. 1 U __ -- -- - ....t , i nir 0,,, OR thstr eet �-- t ___- 29 ,I , or /-- O'IR _ ORdp ., \:\ CTiiIiitiiiii? -it , ile \ I -- ' CDCO ,............, --------- -'-----------7- \ S boo rest th st r 11 .._._...-- OR, ::.imillIlli .. N/ *4 Site W '�1 f YousryFaragalla NW- ' Property Polygonsg s Zoning 314-A 29th Street Building Feet 0 1530 60 90 120 150 180 92 ITEM— V.K.9 PLANNING ITEM#73175 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to AMEND Section 401 of the City Zoning Ordinance (CZO)pertaining to small scale agricultural processing as permitted uses in the Agricultural Zoning Districts(Sponsored by Council Member Henley) Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M.Henley,N. D. "Rocky"Holcomb,Delceno C.Miles,John D. Moss, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None August 16, 2022 1 AN ORDINANCE TO AMEND SECTION 401 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO SMALL SCALE 4 AGRICULTURAL PROCESSING AS 5 PERMITTED USES IN THE AGRICULTURAL 6 ZONING DISTRICTS 7 8 Section Amended: § 401 9 10 WHEREAS, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 Sec. 401. Use regulations. 17 18 (a) Principal and conditional uses. The following chart lists those uses permitted 19 within the AG-1 and AG-2 Agricultural Districts. Those uses and structures in the 20 respective agricultural districts shall be permitted as either principal uses 21 indicated by a "P" or as conditional uses indicated by a "C." Uses and structures 22 indicated by an "X" shall be prohibited in the respective districts. No uses or 23 structures other than as specified shall be permitted. 24 Use AG-1 AG-2 Small-scale processing, extracting, packaging, or fabricating of P P agricultural product, in conjunction with a bona fide agricultural operation on the same parcel. Maximum processing area not to exceed 3,500 square feet, not including area for storage. Processing not to include livestock or poultry. Small-scale processing or packaging of livestock in conjunction P P with a bona fide agricultural livestock operation on the same parcel; not to exceed the processing of 250 head of livestock per year; processing and packing does not include the slaughtering of livestock. Small-scale processing or packaging of poultry in conjunction with P P a bona fide agricultural poultry operation on the same parcel; not to exceed 20,000 poultry per year; includes the slaughter of poultry raised on the same parcel. Adopted by the Council of the City of Virginia Beach, Virginia, on the 16 t h day of August 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: (/*/7,Z//;, PlanningDe artmerit City Attorney s Office 93 ITEM— V.L APPOINTMENTS ITEM#73176 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: 2040 VISION TO ACTION COMMUNITY COALITION ACTIVE TRANSPORTATION ADVISORY COMMITTEE AGRICULTURAL ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD DEVELOPMENT AUTHORITY HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD INVESTIGATION REVIEW PANEL MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OCEANA LAND USE CONFORMITY COMMITTEE OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD SOCIAL SERVICES ADVISORY BOARD SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA TA/ITA CITIZENS ADVISORY COMMITTEE TIDEWATER YOUTH SERVICES COMMISSION TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD August 16, 2022 94 ADJOURNMENT ITEM#73177 Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 8:46 P.M. /1 44 Terri H. Chehus Chief Deputy City Clerk A nda Barnes,MMC Robert M.Dyer City Clerk Mayor August 16, 2022