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HomeMy WebLinkAboutNOVEMBER 15, 2022 FORMAL SESSION MINUTES r'- lA BE9�� r-a�Q'.�N2 `a����S' r'o (u - 5,o °` °uR Kit VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia November 15, 2022 Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in the City Council Conference Room, City Hall, on Tuesday, November 15, 2022, at 4:00 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, Aaron R. Rouse, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: John D. Moss—Arrived at 4:23 P.M 2 CITY MANAGER'S BRIEFING TOURISM ECONOMIC IMPACT OF VISITORS TO VIRGINIA BEACH ITEM#73483 4:01 P.M. Mayor Dyer welcomed Nancy Helman, Director — Conventions and Visitors Bureau and Geoff Lacher, Senior Economist—Tourism Economics. Ms. Helman expressed her appreciation to City Council for their continued support and turned the presentation over to Mr. Lacher: $-_,TOURISM ECONOMICS Economic Impact of Visitors in Virginia Beach, 2021 Geoff Lacher. Senior Economist Tourism Economics City Council Meeting Presentation November 15,2022 Here is the outline of today's presentation: 1 Visitor Volume and Spending 2 Economic Impact 3 Impacts in Context 2 November 15, 2022 3 CITY MANAGER'S BRIEFING TOURISM ECONOMIC IMPACT OF VISITORS TO VIRGINIA BEACH ITEM#73483 (Continued) Here are the sources used for analysis of visitor volume and spending. A multi-data source approach The analysis draws on the following data sources: • City of Virginia Beach:Lodging and restaurant tax data • STR:Lodging performance data,including room demand,room rates,occupancy,and room revenue •AirONA Short-term rental performance data,including room demand and room rates • Near cell phone-based geolocation data that tracks visitor origins and length of stay • Bureau of Economic Analysis and Bureau of Labor Statistics:employment and wage data,by industry • US Census:business sales by industry and seasonal second homes inventory • Longwoods International survey data,including visitor shares to Virginia Beach •Tourism Economics:international travel data for overseas,Canadian,and Mexican travel to Virginia Beach based on aviation,survey,and credit card information 3 Visitor spending in 2021 increased eight(8)percent from the previous year, setting a new overall record: A new record for visitor spending in Virginia Beach! Virginia Beach Visitor Spending Amounts in$billions $2.5 Up8%from t38.0°%a 2019 $2.0 t 53oi ;,21 $1.5 $1.8 21$1.9 8° $1.5 $1.0 $0.5 $0.0 2017 2018 Source:Tourism Econom ics 4 November 15, 2022 4 CITY MANAGER'S BRIEFING TOURISM ECONOMIC IMPACT OF VISITORS TO VIRGINIA BEACH ITEM#73483 (Continued) There was a slight increase in Visitors between 2020 and 2021, however, visitation is down nineteen (19) percent from 2019: But not for visitors? Virginia Beach Visitors Amounts in millions of visitors 16.0 Still down 15% 10.6% 11.6% from 2019 12.0 13.7 13.8 13.6 19.1% 122.2% 11.5 10.6 8.0 4.0 0.0 2017 2018 2019 2020 2021 Source:Tourism Economics 16 rouusM EcoNOMlcs 5 The crucial overnight leisure market leads the way Virginia Beach visitor segments Amounts in millions of visitors Total vlskors 13.69 13.78 13.56 10.56 11.52 9.1% -15.1% Leisure 7.85 7.91 7 65 6 03 6.71 11 2% -12.4% VFR 4.81 4.83 4 86 4 18 4 29 2.6% -11.8% Business 1 03 1 03 1 05 0.34 0 52 52 8% 60.0% Total overnight visitors 5.46 5.49 5.42 4.56 5.29 15.9 i, -2.5% ILeisure 2.77 2.79 2.70 2.38 2 88 21 2F, 8.7% VFR' 2.21 2.22 2.23 2.03 2.20 8.1% -1.7% Business 0.48 0.48 0.49 0.15 0.21 37.5% 67 3% Total day visitors 8.24 8.29 8.13 5.99 623 3.9% -23.4% Leisure 5.09 5.13 4.95 3.65 3.83 4.7% -22 8% VFR 2.60 2.61 2.62 2.15 2.09 -2.7% -20 4% Business 0.55 0.55 0.56 0.19 0.31 65 0% -43 7% Source Tourism Economics TOURISM ECONOMICS 6 November 15, 2022 5 CITY MANAGER'S BRIEFING TOURISM ECONOMIC IMPACT OF VISITORS TO VIRGINIA BEACH ITEM#73483 (Continued) The next few slides provide a breakdown of visitor spending: Spending per trip in going up... Virginia Beach visitor segments Amounts in millions of visitors,billions of nominal dollars,and dollars per person Total visitors 13.00 13.70 13.56 10.56 11.52 9.1% -15.1% Overnight 5.46 5.49 5.42 4 56 5.29 15.9% -2.5% Day 8.24 8.29 8.13 5 99 6 23 3.9% -23.4% Total visitor spending $1.70 $1.79 $1.94 $1.52 $2.10 38.0% 7.9% Overnight $1 07 $1.10 $1.18 $0.92 $1.41 54.0% 19.8% Day S0.63 $0.89 $0.76 $0.80 $0.68 13.6% -10 3% Per visitor spending $124 $130 $143 $144 $182 26.5% 27.0% Overnight $195 $201 $218 $201 $268 32.9% 22.7% Day $77 $83 $94 $100 $110 9.3% 17.1% Source:Tourism Economics iho T O l SM ECONOMICS 7 ..as room rates,gas prices,and general inflation boost spending Virginia Beach visitor spending Amounts in billions of dollars Lodging,food& Total visitor spending $1.70 $1.79 5124 $1.52 $2.10 38.9% 7.9% beverage,and Lodging' $0.42 $0.44 $0.48 S0.38 $0.58 53.7% 20.2% I transportation Food 8 beverage $0.88 $0.73 $0.81 $0.00 80.88 48.4% 9.0% are driving Retail $0.20 $0.21 $0.21 $0.17 50.19 15.8% .6.0% growth Recreation $0.20 $0.22 50.23 $0.21 $0.22 5.2% -6.0% Transportation $0.19 $0.20 $0.21 $0.17 50.22 28.8% 4.3% Source:Tourism Economics `1OU1•iSM ECONOMICS 8 November 15, 2022 6 CITY MANAGER'S BRIEFING TOURISM ECONOMIC IMPACT OF VISITORS TO VIRGINIA BEACH ITEM#73483 (Continued) Food&beverage and lodging make up 70%of all spending Virginia Beach Visitor spending,2021 Percent of total spending Food&beverage 42% Retail 9% Recreation 10% Transportation Lodging' 11% 28% Source:Tourism Economics rdJRISM ECONOMICS 9 1 Visitor Volume and Spending 2 Economic Impact 3 Impacts in Context io November 15, 2022 7 CITY MANAGER'S BRIEFING TOURISM ECONOMIC IMPACT OF VISITORS TO VIRGINIA BEACH ITEM#73483 (Continued) Here is the Economic impact framework: Economic impact framework Direct,indirect,and induced impacts UfRfCT IM I`AC TS RETAIL INDIRECT IMPACTS ENTERTANMENT/REC t �q 'EwiWL YV1�y E: SUPPLY RTa CA005 CHAIN SERVICES F0006 DEVERAGE EFFECTS PURCHASED V," INDUCED IMPACTS V, TRANSPORTATION 1 TAXES LODGING INCOME HOUSEHOLD EFFECT CONSUMPTION `TOURISM ECONOMICS 11 Here are the business sales totaling$3,281: Visitor spending supported business sales Summary Economic impacts— business sales Dollars,millions $428 $3281 11111 $2,098 Direct Sales Indirect Sales Induced Sales Total Sales Source:Tourism Economics 4,TOURISM ECONOMICS 12 November 15, 2022 8 CITY MANAGER'S BRIEFING TOURISM ECONOMIC IMPACT OF VISITORS TO VIRGINIA BEACH ITEM#73483 (Continued) This slide breaks down Visitor economy business sales impacts by industry: Visitor spending supported business sales Visitor economy business sales impacts by industry Fmd 8 Beverage E Franca.Insurerca and Real Esl ale. lodtTng Recreation and Entedermea llllllllllllllll■j Retail Trade s,sinees sea res U ahe Tra,sport_I Gasoline Stations MI Commuucal ions Educator end Health Care E Personal services 1 Government ■Direct Indirect■Yh4ssd Construction end aatiaa Wholesale Trade + Manutactuang I }mdlou Agdcu[ure.Fishing.Miring I $0 $200$400 $$00 51.000 Source:Tourism Economics 1. - 13 Here are the Summary Economic impacts for jobs: Visitor spending supported jobs Summary Economic impacts—jobs Jobs count includes part-time and seasonal ElMEE 31,037 24,485 Direct Jobs Indirect Jobs Induced Jobs Total Jobs Source:Tourism Economics le TOURtS*d ECANC•Au:s 14 November 15, 2022 9 CITY MANAGER'S BRIEFING TOURISM ECONOMIC IMPACT OF VISITORS TO VIRGINIA BEACH ITEM#73483 (Continued) Here are the Summary Economic impacts for income: Visitor spending supported income Summary Economic impacts— income Amounts in millions of nominal dollars $108 $808 $192 $508 Direct Labor Indirect Labor Induced Labor Total Labor Income Income Income Income Source Tourism Economics lho TOUR SM ECOHOaxrs 15 Here are the Calendar year fiscal impacts: Visitor spending supported government revenue Calendar year fiscal impacts Amounts in millions of nominal dollars Total Tax Rswrluss 5462.E Federal Taxes $187.8 Personal Income $57.0 Corporate $14.5 Indirect Business $10.5 Socal Insurance $105.9 State and Local Taxes $294 8 Sales S78.8 Bed Tax $44.4 Meal Tax $31 9 Amusement Tax $4.9 Personal Income $18.4 Corporate $2.6 Social Insurance SO Excise and Fees $19.6 Property $94 1 Source Tourism Economics �► 16 November 15, 2022 10 CITY MANAGER'S BRIEFING TOURISM ECONOMIC IMPACT OF VISITORS TO VIRGINIA BEACH ITEM#73483 (Continued) 1 Visitor Volume and Spending 2 Economic Impact 3 Impacts in Context Touk S'ECCN�OM_ The next two (2)slides provide Impacts in Context: Most indicators are at record levels,but more jobs are needed The economic impact of visitor spending in Virginia Beach Dollars amounts in millions of nominal dollars 2021 %relate. 2017 2018 2019 2020 2021 Growth t,?' Total visitor spending $1,699 $1,790 $1,944 $1,520 $2,098 38.0% 7.9% Total jobs supported 32,930 33,118 33,931 29,311 31,037 5.9% .8.5% Total income supported $690 $707 $749 $731 $808 10.8% 7.9% Total S&L*taxes supported $251 $259 $273 $217 $295 35.7% 7.9% Source:Tourism Economics Virginia Beach still needs to recover tourism jobs -guava:: 18 November 15, 2022 11 CITY MANAGER'S BRIEFING TOURISM ECONOMIC IMPACT OF VISITORS TO VIRGINIA BEACH ITEM#73483 (Continued) Impacts in context 31,037 JOBS The num ber of jobs sustained by tourism supports 15%of all jobs in Virginia Beach. T $808M LABOR INCOME d The$808 million in total income generated by tourism is the equivalent of$4,700 for every household in Virginia Beach. $295M STATE 8 LOCAL TAXES Each household in Virginia Beach would need to be taxed an additional$1,700 to replace the visitor taxes received by the state and local governm ents in 2021. TOURISM ECONOMi•• 19 About Tourism Economics Tourism Econom ics is an Orford Economics company with a singular objective combine an understanding of tourism dynamics with rigorous econom ics in order to answer the most important questions lacing destinations,developers, and strategic planners.By combining quantitative methods with industry knowbdge Tourism econom ics designs custom market strategies destination recovery plans tourism forecasting models,tourism policy analysis and economic Impact studies With over tour decades of experience of our principal consultants,it is our passion to work as partners with our clients to achieve a destination's full potential Orford Economics is one of the world's leading providers of economic analysis, forecasts and consulfing advice.Founded in 1981 as a joint venture with Orford University's business college.Orford Econom x:s enjoys a reputation for high quality.quantitative analysis and evidence-based advice For this,it draws on its own staff of more Man 250 professional economists,■dedicated data analysis team global modeling tools,and a range of partner institutions in Europe.the US and n the United Nations Project link.Orford Economics has offices in London.Orford. Dubai,Philadelphia and Belfast. 20 Mayor Dyer expressed his appreciation to Ms. Helman and Mr. Lacher for the presentation. November 15, 2022 12 CITY COUNCIL DISCUSSION/INITIATIVES ITEM#73484 4:16 P.M. Council Member Tower referenced the request from Lynnhaven River Now (LRN) to support the engineering and bathymetric study of the Pleasure House Creek reef Council Member Tower advised LRN is no longer requesting the City provide funding for the study, requesting only that the City recognizes and supports the importance of completing the study. Upon consensus of the Body, Mayor Dyer expressed support for the completion of the Pleasure House Creek Reef Study. November 15, 2022 13 AGENDA REVIEW SESSION ITEM#73485 4:19 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: K. ORDINANCES/RESOLUTIONS 1. Ordinance to AUTHORIZE the City Manager to EXECUTE a lease of City-Owned property located adjacent to 101 South Independence Boulevard for five(5)years with Blazin' Wings,Inc., t/a Buffalo Wild Wings Grill&Bar 2. Resolution to ADOPT the City's 2023 Legislative Agenda 3. Resolution to REQUEST the General Assembly AMEND the City Charter re process for filling vacancies in the Office of Member of City Council and Mayor(Requested by Council Member Moss) 4. Ordinance to AUTHORIZE acquisition of temporary and permanent easements, either by agreement or condemnation re Winston Salem Avenue Corridor Improvements Project, CIP 100489(formerly CIP-9-006) 5. Ordinance to AWARD a$5,000 Community Services Micro-Grant to United Full Gospel Revival Center of Virginia Beach re support its annual Thanksgiving Basket Giveaway and Fill the Bag Christmas Drive(Requested by Council Member Wooten) 6. Ordinance to AMEND City Code Sections 27-60 and 27-61 re membership of the Independent Citizens Review Board(Requested by Council Members Henley and Wooten) 7. Ordinance to AMEND the Summary of Terms to EXTEND closing date of five(5)parcels of land located at the intersection of Burton Station and Tolliver Roads to Seniors Unlimited Lifestyles, Inc. as assigned to SUL Tranquility at the Lakes II, LLC 8. Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned property known as Bass Inlet(a/k/a Mill Pond) and an existing five (5)foot drainage and utility easement, located at the rear of 2961 Sand Bend Road re construct and maintain an open sided boat lift with a roof, a marginal wharf and a dock and to maintain portions of an existing bulkhead with related bulkhead returns DISTRICT 2(Formerly District 7—Princess Anne) 9. Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned canal off Ashville Bridge Creek located at the rear of 2472 Entrada Drive re construct and maintain the replacement of one hundred seventeen (117)feet of bulkhead, and to construct and maintain a dock, boat lift, electric line, and twenty-one (21) tie backs and dead man piles DISTRICT 2 (Formerly District 7—Princess Anne) November 15, 2022 14 AGENDA REVIEW SESSION ITEM#73485 (Continued) 10. Ordinance to MODIFY the area proposed for closure and to EXTEND the date for satisfying the conditions re various rights-of-way adjacent to an assemblage of property owned by the City of Virginia Beach Development Authority at: a. Portion of the South Side of 201"Street between Pacific&Arctic Avenues b. Portion of the South Side of 201"Street between Arctic& Baltic Avenues c. Portion of the West Side of Arctic Avenue between 191"& 20'"Streets d. 191"Street between Pacific&Arctic Avenues e. All alleys within the block surrounded by Arctic & Baltic Avenues and 191" & 201"Streets 11. Ordinance to ACCEPT and APPROPRIATE$30,000 from the Virginia Department of Forestry to FY2022-23 Department of Parks and Recreation Operating Budget re Princess Anne Commons urban forestry activities K. ORDINANCES/RESOLUTIONS: ITEM#2 WILL BE CONSIDERED SEPARA TEL Y ITEM#3 WILL BE CONSIDERED SEPARATELY ITEM#4 WILL BE CONSIDERED SEPARA TEL Y COUNCIL MEMBER HENLEY WILL VOTE VERBAL NAY ON ITEM#5 ITEM#8 WILL BE CONSIDERED SEPARA TEL Y COUNCIL MEMBER TOWER FILED A DISCLOSURE FOR ITEM#10 November 15, 2022 15 AGENDA REVIEW SESSION ITEM#73485 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: L. PLANNING 1. DARREN & MARCELLA KING JOINT REVOCABLE LIVING TRUST for a Variance to C.P. MARINE& DIESEL, INC/CARL & GLORIA'S REPAIR SHOP,LLC for a Modification of Conditions re automobile repair garage at 1399 Air Rail Avenue DISTRICT 4 (Formerly District 4-Bayside) 2. M.M. ROLLINS& COMPANY,A VIRGINIA CORPORATION for a Change of Zoning from AG-2 Agricultural to B-2 Community Business District re auto sales and service at 652 Princess Anne Road DISTRICT 2 (Formerly District 7-Princess Anne) 3. SACRED DAGGERS,LLC/PAVEMENT PARADISE,LLC,for an Alternative Compliance re tattoo parlor at 529 Virginia Beach Boulevard DISTRICT 5 (Formerly District 6-Beach) 4. VIRGINIA AQUARIUM FOUNDATION/ CITY OF VIRGINIA BEACH for a Conditional Use Permit re wind energy conversion system at 801 General Booth Boulevard DISTRICT 6 (Formerly District 6-Beach) 5. RUSSELL A. BROWN for a Conditional Use Permit re home occupation-retail sales at 1212 Sycamore Road DISTRICT 8(Formerly District 5-Lynnhaven) 6. GREEN CLEAN SHORE, LLC/KS SHORE, LLC for a Conditional Use Permit re car wash facility at 4769 Shore Drive DISTRICT 9 (Formerly District 4-Bayside) 7. SHAWNANDREW MASLANEY for a Condition Use Permit re short term rental at 1724 Baltic Avenue DISTRICT 6(Formerly District 6-Beach) L. PLANNING: COUNCIL MEMBER TOWER FILED A DISCLOSURE FOR ITEM#6 November 15, 2022 16 ITEM#73486 Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose: LEGAL MATTERS: Consultation with legal counsel 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). • Lynch v. City of Virginia Beach 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 November 15, 2022 17 ITEM#73486 (Continued) Upon motion by Council Member Branch, seconded by Council Member Moss, City Council voted to proceed into CLOSED SESSION at 4:48 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 4:48 P.M. — 4:57 P.M. Closed Session 4:57 P.M. — 5:12 P.M. Break 5:12 P.M. — 5:59 P.M. November 15, 2022 18 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL NOVEMBER 15,2022 6:00 P.M. Mayor Dyer called to order the FORMAL SESSION of the VIRGINL4 BEACH CITY COUNCIL in City Council Chamber, City Hall, on Tuesday,November 15, 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 STATES OF AMERICA Vice Mayor Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard Hanna Real Estate Services ("Howard Hanna"), who's Oceanfront Office is located at 303 34th Street Suite 102, Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size of Howard Hanna, and the volume of transactions it handles in any given year,Howard Hanna has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If,during her review of the agenda for any given meeting of the Council,she identifies a matter in which she has a `personal interest," as defined in the Act, she will file the appropriate disclosure letter to be recorded in the official records of the City Council. Vice Mayor Wilson regularly makes this disclosure. Her letter of February 20, 2018 is hereby made part of the record. November 15, 2022 19 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 ofDixon 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. November 15, 2022 20 V.E CERTIFICATION ITEM#73487 Upon motion by Council Member Moss, seconded by Council Member Branch, 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 November 15, 2022 N1.A.BEAC...„.. .,,_, /„.. G� C ,.... E. '71 '- 4 ?,. d OF OUR NRI‘04 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,pursuant to the affirmative vote recorded in ITEM#73486 on Page 16 and in accordance with the provisions of The Virginia Freedom of Information Act;and, WHEREAS:Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a)only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. I Am Barnes, M City lerk November 15, 2022 21 ITEM— V.F.1 MINUTES ITEM#73488 Upon motion by Council Member Miles, seconded by Council Member Moss, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of November 1,2022 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 November 15, 2022 22 ITEM— V.G.1 MAYOR'S PRESENTATIONS ITEM#73489 Mayor Dyer welcomed Julie Ann Sanchez, Media and Communications Coordinator. Ms. Sanchez expressed her appreciation to City Council for their continued support. Ms. Sanchez advised this month highlights the people, events and years between 2013 — 2017 as part of the Nostalgic Virginia Beach Campaign to celebrate the City's 60r"anniversary. Ms. Sanchez played a short video of the City's history between 2013—2017 and turned the presentation over to Mayor Dyer to present the citizen award. 60'"ANNIVERSARY AWARD Mayor Dyer welcomed Russell Lyons, accepting on behalf of his father, Thomas J. Lyons Jr. and read the Proclamation recognizing Thomas's exemplary leadership within the City's hotel industry and landscape of the Resort Area. Mr. Lyons began his career by purchasing the Sandpiper Inn in 1968 and worked to transform the City's tourism industry from a seasonal vacation spot to a year round destination by introducing the Marriot, IHG, Hilton, Starwood and Choice Hotels. Mr. Lyons was further recognized for his service on the Virginia Aquarium Foundation, VB Rescue Squad and several non-profit local organizations. Mr.Lyons 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. Mr. Russell Lyons expressed his appreciation to City Council for their support and this award to recognize his father. November 15, 2022 411 ti�G�N�BEAc� 0 f. v o • sig9ts OF o 0�v BUR NAB tiamatton Whereas: Thomas y.Lyons,Jr.pioneered the movement to make'Virginia Beach a year-round destination and was a visionary whose ambitions forever changed the City's hotel industry and the landscape of the Resort Area;and Whertax As a young entrepreneur,he saved to purchase a 12-mom motel on Pacific_Avenue,the Sandpiper Inn,in 1968 and his drive and personalty hefpedfacilrtate partnerships which led him to establish Tidewater Inn 9Kanagement,•and Whereas: Mr.Lyons worked to evolve'Virginia Beach's tourism industry from a seasonal;mom-and-pop-motel business model into the year-round franchise-dominated hotel industry the City boasts today;and Whereat. Over the course of his career,he introduced major brands to the Virginia Beach Oceanfront including 9Karriot,IMG,Milton,Starwood and-Choice Motels,improving the appearance and quality of the City's hotel product;and Whereat Me also dedicated his time and energy to making'Virginia Beach a 6etter destination for visitors,and a better community for residents to calf home 6y serving the'Virginia Aquarium Foundation and the 'VB miscue Squads among other focal non-profit organizations;and Whereas:ereas: Mr.Lyons went on to develop dozens of fra nchised hotels which served to catapult a resort town that cfosedfor half the year into a year-round economic engine for'Virginia Beach that generates tourism revenue and contributes to the City's e,xcelent quality of fife;and Whereas:ereas: Mr.Lyons legary lives on in Coastal.9fospitaf:tyAssociates,which currently operates seven hotels in Virginia Beach;and '4' ereax °Nostalgic VB"is a celebration of'Virginia Beach pioneers and residents leading up to the 60m anniversary of our great city in January 2023. Now,'Therefore I,Merl 9rL 'Bobby'Dyer,9etayor of the City of Virginia Beach,Virginia,do hereby proclaim: Thomas Y. Lyons &cip nn t of the %lirginia Beach Di a' " In'bginia Beach,and I call"upon the citizens and members within government agencies,public and private institutions, business,and schools in'Virginia Beach to 6e of service for the 6enefit and betterment of the community so that future generations can appreciate and-further upli t 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 E.ifteenth Day ofNovem6er,Two Thousand and Twenty-Two. 7`tdifr4et Robert 91. 'Bobby'Dyer 9V1ayor 23 ITEM— V.G.2 MAYOR'S PRESENTATIONS ITEM#73490 PROCLAMATION NATIVE AMERICAN HERITAGE MONTH Council Member Berlucchi, on behalf ofMayor Dyer, welcomed Chief Emeritus Lee Lockamy—Nansemond Indian Nation and presented the Proclamation declaring November 2022, "Native American Heritage Month". Council Member Berlucchi called upon citizens, government agencies, public and private institutions, businesses and schools in the City to recognize the contributions of the Native Americans to the history and development of the City, State and Nation and to commemorate this month with appropriate activities. Chief Lockamy expressed his appreciation to City Council for their continuous support. Mayor Dyer took a moment to recognize and welcome the following Cub Scouts who were in attendance: Clinton James Pierce Elijah Aaron Gorman Devin Smithey Paul William Wolf November 15, 2022 ,:.§ iv - % U 'y r r S '` I. ,;„. .:„._ 0 e -,4_,, .ou...,- firodantation 'Whereas: Native Americans have utiI ,I the abundance of natural resources in'Virginia and'Virginia Beach for over 15,000 years;and 14**ertar. Sititeenth century English maps documented the villages of Chesepiooc and Apasus in the area that is now'Virginia Beach,and ' riiertas: The Chesapeake Indian Tribe resided in village settlements in'Virginia Beach around the time of the early seventeenth century arrival-of permanent'Engllsh colonists in the region;and 'Whereas: Significant archaeological'sites have been found in'Virginia Beach that have uncovered details of the Native American settlements; and 'Whereas: 9dem6ers of the NansemondInc&an Nation were displaced by the'Englsh from their ancestral lands around the Nansemond River, with some settling in areas formerly occupied by the Chesapeake;and Whereas: The Nansemond Indian Nation were part of the Articles of(Peace with King Charles II in 1677;and ¶+ere= 'There is documentation that a Nansemond Indian reservation existed in the seventeenth century in southern areas of what is today Virginia Beach;and 'Gf iertas The government of the VnitedStates of America officially recognized'the Nansemond Indian Nation in 2018;and Whereas: Members of the Nansemond Indian Nation continue to be vital members of the community in`Virginia Beach today;and- Whereas: Chief Emeritus Lee Lockamy of the Nansemond Indian Nation is a resident of the City of'Virginia Beach;and 'Wheneas November was first declared as Native American 9feritage 9Konth in the'United States of America in 1990;and Whereas: 'The Commonwealth of Virginia has commemorated November as Native American 7fentage Month since 1996;and- Whereas: Native American lferitage Month is an opportunity to recognize and celebrate the American Indians who cal Virginia Beach home, whose abilities and-contributions strengthen our economy,enrich'Virginia Beach's diverse culture,and invigorate Virginia Beach's communities. Now,¶herefrne,I,Robert II.(Dyer,Wayor of the City of irrginia Beach,'Virginia,do hereby proclaim.• November 2022 NativeAmerican Jferitage JKonth In'Virginia'Beach,and I furthermore call upon the citizens,government agencies,public and private institutions,businesses,and-school in'Virginia Beach to recognize the contributions of NatiweAmericans to the history and development of the city,state,and'nation and to commemorate this month with appropriate activities. In witness whereof,I have hereunto set my hand andcaused the Official-Seal-of the City of'Virginia Beach,Virginia,to be affixed this'F:fteenth (Day of Novem6er,Two'Thousand and 7.°V---16 - .._t. 1111k Rp6ert9K. `Bobby°(Dyer Mayor 24 ITEM— V.H.1 PUBLIC COMMENT ITEM#73491 Mayor Dyer DECLARED a PUBLIC COMMENT: SOMETHING IN THE WATER (SIM The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Craig Hansen, 1825 Garden Drive, Phone: 735-9216, requested medical services are available James Curney, 1481 Serry Point Road, Phone: 630-2632, spoke in SUPPORT Jim Cervera, 1797 Gray Friars Chase, Phone: 621-6754, spoke in SUPPORT Dianna Howard, 1057 Debaca Court, Phone: 567-9021, spoke in OPPOSITION to funding John Zirkle, 233 Bridge Landing Court, Phone: 348-4844, spoke in SUPPORT Mike Visque, 541 Engle Hard Drive, Phone: 901-5170, spoke in OPPOSITION to funding David Leader, 400 Rudee Point Road, Phone: 850-586-9198, spoke in SUPPORT Charles Burnell, 406 Ridgeley Road, Phone: 251-8526, spoke in SUPPORT Natalia Ramos, 1516 Three Gait Trail, Phone: 403-3083, spoke in SUPPORT Kate Pittman, 2416 Huckleberry Trail, Phone: 401-0767, spoke in SUPPORT Jarrell Hargraves, 1173 Baker Road, Phone: 560-1296, did not respond Chosen Wilkins, 1173 Baker Road, Phone: 560-1296, spoke in SUPPORT Jahzeel Mumford, 1173 Baker Road, Phone: 560-1296, did not respond Mia Guile, 808 Greensboro Avenue,Phone: 373-6623, spoke in SUPPORT Trevor Hunter, 4604 Berrywood Road, Phone: 544-0757, spoke in SUPPORT George Alcaraz, 508 Southside Road, Phone: 620-8040, spoke in SUPPORT JaPharii Jones, Phone: 880-3276, expressed safety concerns Allison Stephens, 4701 Shore Drive #117, Phone: 334-1876, requested small businesses are given the opportunity for involvement Gary McCollum, 3901 Meeting House Road, Phone: 708-5987, spoke in SUPPORT Anthony Willis, 1520 Atkinson Close, Phone: 394-5461, spoke in SUPPORT Wendell Lundy, Phone: 915-2122, spoke in SUPPORT LG Shaw, 1900 Cypress Avenue, Phone: 422-0423, spoke in SUPPORT Kenneth Minnard, 1240 Warwick Drive, Phone: 748-3497, spoke in SUPPORT Robert Johnson, 2508 Middle Avenue,Norfolk, spoke in SUPPORT Kenneth Dorsey Jr., 1016 Thicket Wynd, Phone: 613-8447, spoke in SUPPORT Robert Dean, 1204 Shawn Drive, Phone: 287-8694, spoke in OPPOSITION to funding Conrad Schesventer, 811 Sedley Road, Phone: 719-2113, expressed concern of price gouging by some businesses There being no additional speakers,Mayor Dyer CLOSED the PUBLIC COMMENT November 15, 2022 25 ITEM— V.I.1 PUBLIC HEARINGS ITEM#73492 Mayor Dyer DECLARED a PUBLIC HEARING: DECLARATION AND SALE OF EXCESS PROPERTY 3000 Barberry Lane The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION There being no additional speakers, Mayor Dyer CLOSED the PUBLIC HEARING November 15, 2022 26 ITEM— V.I.2 PUBLIC HEARINGS ITEM#73493 Mayor Dyer DECLARED a PUBLIC HEARING: ACQUISITION,BY AGREEMENT OR CONDEMNATION Shore Drive Corridor Improvements—Phase III Project, CIP 100381 (formerly CIP 2-117) The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION There being no additional speakers, Mayor Dyer CLOSED the PUBLIC HEARING November 15, 2022 27 ITEM— V.I.3 PUBLIC HEARINGS ITEM#73494 Mayor Dyer DECLARED a PUBLIC HEARING: LEASE OF CITY PROPERTY Approximately 4,860 square feet located directly adjacent to 101 South Independence Boulevard The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION There being no additional speakers, Mayor Dyer CLOSED the PUBLIC HEARING November 15, 2022 28 ITEM— V.J FORMAL SESSION AGENDA ITEM#73495 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/Resolutions K: 1, 5, 6, 7, 9, 10 and 11 and Planning Items L: 1, 2, 3, 4, 5, 6 and 7 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council APPROVED, BY CONSENT,Agenda Items Ordinances/Resolutions K: 1, 5, 6, 7, 9, 10 and 11 and Planning Items L: 1, 2,3, 4, 5, 6 and 7 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 K. ORDINANCES/RESOLUTIONS: ITEM#2 WILL BE CONSIDERED SEPARA TEL Y ITEM#3 WILL BE CONSIDERED SEPARA TEL Y ITEM#4 WILL BE CONSIDERED SEPARA TEL Y COUNCIL MEMBER HENLEY WILL VOTE VERBAL NAY ON ITEM#5 ITEM#8 WILL BE CONSIDERED SEPARA TEL Y COUNCIL MEMBER TOWER FILED A DISCLOSURE FOR ITEM#10 L. PLANNING: COUNCIL MEMBER TOWER FILED A DISCLOSURE FOR ITEM#6 November 15, 2022 29 ITEM— V.K.1 ORDINANCES/RESOLUTIONS ITEM#73496 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 lease of City-Owned property located adjacent to 101 South Independence Boulevard for five (5)years with Blazin' Wings, Inc., t/a Buffalo Wild Wings Grill& Bar 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 November 15, 2022 1 AN ORDINANCE AUTHORIZING THE 2 CITY MANAGER TO EXECUTE A LEASE 3 FOR FIVE YEARS FOR A PORTION OF 4 CITY-OWNED PROPERTY LOCATED 5 ADJACENT TO 101 S. INDEPENDENCE 6 BVLD. 7 8 WHEREAS, the City of Virginia Beach (the "City") owns land known as the 9 former Norfolk Southern Right-of-Way (GPIN: 1467-13-1924) (the "City Property"); 10 11 WHEREAS, Blazin' Wings, Inc., t/a Buffalo Wild Wings Grill & Bar ("Blazin' 12 Wings"), leases property known as 101 S. Independence Blvd. (GPIN: 1477-43- 13 1890) (the "Restaurant Parcel"), located adjacent to the City Property; 14 15 WHEREAS, Blazin' Wings has been leasing a 4,860 sq. ft. (0.11 acre) portion 16 of the City Property (the "Premises"), consisting of paved parking spaces that abut 17 the Restaurant Parcel since 2017 and desires to enter into a new lease agreement 18 with the City; 19 20 WHEREAS, Blazin' Wings has agreed to pay the City $510.00 per month 21 ($6,120.00 annually) for the use of the Premises for the term; and 22 23 WHEREAS, the Premises would be used for employee and guest parking, 24 and for no other purpose. 25 26 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 That the City Manager is hereby authorized to execute a lease for the term of 30 five (5) years, between Blazin' Wings, Inc. and the City of Virginia Beach for the 31 Premises, in accordance with the Summary of Terms attached hereto as Exhibit A, 32 and made a part hereof, and such other terms, conditions or modifications as may 33 be acceptable to the City Manager and in a form deemed satisfactory by the City 34 Attorney. 35 36 Adopted by the Council of the City of Virginia Beach, Virginia on the 15 t h 37 day of November, 2022 . APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM ti A ney Public Works / Facilities Management CA15792 1\vbg ov.com\dfs 11a p p I icati on s\cityta wlcycom32\wpdocs\d0311p024\00840941.doc R-1 November 2, 2022 EXHIBIT A SUMMARY OF TERMS LEASE OF CITY-OWNED PROPERTY LOCATED ADJACENT TO 101 S. INDEPENDENCE BLVD. LESSOR: City of Virginia Beach (the "City") LESSEE: Blazin' Wings, Inc. (t/a Buffalo Wild Wings Grill & Bar) PREMISES: Approximately 4,860 sq. ft. (0.11 acre) of City-owned property (known as the former Norfolk Southern Right-of-Way) located immediately adjacent to 101 S. Independence Blvd, consisting of paved parking spaces (Portion of GPIN: 1467-13-1924) TERM: December 1, 2022 through November 30, 2027 (the "Term") RENT: $510.00 per month ($6,120.00 annually) RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use the Premises solely for parking for employees and guests; any assignment or sublease must be approved in writing by the City. • Keep, repair, and maintain the Premises, at its sole expense, in a safe, clean, and orderly condition. • Maintain commercial general liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence. • Assume full responsibility and liability for any and all damages to persons or property caused by any act or omission of the Lessee or its agents, etc. associated with the use of the Premises. • Obtain any necessary permits in connection with its use of the Premises. • Comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease, including any applicable leasehold taxes. RIGHTS AND RESPONSIBILITIES OF LESSOR: • Access to the Premises at any time, without prior notice, in the event of an emergency. • The right to require Lessee to surrender possession and control of the Premises to the City upon forty-eight (48) hours' written notice, if needed for a public purpose. TERMINATION: • The City may terminate the Lease for any reason upon ninety (90) days' written notice. LOCATION MAP CITY-OWNED PROPERTY TO BE LEASED TO BLAZIN WINGS, INC. (APPROX.4,860 sf) a.14 4-+ 411!S•ly 4 ; • -(' - ,R -.1t-Af*• r ` :P �' .. t. `.4 4¢ :'-'rI,/ F I. a t:'-' 'd N' iii,c'I l'a M Area 1 er-is - , - -- _ i , .. . , _ . , . ,- - . . ._ .. . „, -: ...._ . , ., ..,,.. - C " '.. _ fit¢ ! . . ---_,,,,,,,.it...—.—.... s , , Y i ` r Ys. > , t• om .--- ., * — _ ..> fit — — — _t 30 ITEM— V.K.2 ORDINANCES/RESOLUTIONS ITEM#73497 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION The following speakers spoke in SUPPORT of the proposed Policy Statement for Women's Right to Reproductive Healthcare: Terry Stevens, 312 Shad Lane, Phone: 647-4705 Ammie Pascua, 429 Gladstone Road, Phone: 515-5954 Rae Foster, 4504 Marlwood Way, Phone: 362-4643 Melissa Lukeson, 1884 Wolfsnare Road, Phone: 289-9003 Mike Hashemy, 5009 Ravenswood Road, Phone: 580-0046 Cat Porterfield, 219 57th Street, Phone: 323-6430 Charles Schesventer, 811 Sedley Road, Phone: 719-2113 Jamal Gunn, 920 Forest Lake Drive, Phone: 576-1295 Delegate Glenn Davis, House District 84, 1081 19`" Street #201, spoke in OPPOSITION to the proposed Policy Statement for Women's Right to Reproductive Healthcare Robert Dean, 1204 Shawn Drive, Phone: 287-8694, spoke to express his position on each item After City Council discussion, Vice Mayor Wilson made a MOTION, seconded by Council Member Moss, to ADOPT,AS AMENDED,Resolution to ADOPT the following items within the City's 2023 Legislative Agenda: 1. Redefining Marriage to Match Current Federal Law 3. Align Housing Related Foia Exclusions with Zoning Exclusions 4. Playground Equipment Cooperative Procurement 5. Extend or Make Permanent Sales& Use Tax Exemption for Data Centers 6. Suspend Certification Requirements for Employees Issuing Permits 7. Publication Requirements for Professional Services RFPS 8. Clarification of Bonds Required for ID/IQ Construction Contracts 9. Obstruction of Right-Of-Way Violations 10. Taxation on Vaping and Cannabis Products 11. Leaving Vehicles Unattended and Running Prohibited 12. Resiliency Issues 13. Cannabis Retail Sales, Local Control 14. Affordable Housing 15. Short-Term Rentals 17. Virginia Beach Mass Shooting Permanent Memorial *Items 2.Repeal of 1%Local Tax on Groceries and 16. Women's Right to Reproductive Healthcare, will be considered separately November 15, 2022 31 ITEM— V.K.2 ORDINANCES/RESOLUTIONS ITEM#73497 (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 November 15, 2022 32 ITEM— V.K.2 ORDINANCES/RESOLUTIONS ITEM#73497 (Continued) Upon motion by Council Member Moss, seconded by Council Member Tower, City Council APPROVED item 2. Repeal of 1%Local Tax on Groceries, to be included within the City's 2023 Legislative Agenda Voting: 9-2 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Barbara M. Henley, N. D. "Rocky"Holcomb, Delceno C. Miles, John D. Moss, Guy K. Tower, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Voting Nay: Mayor Robert M. Dyer and Aaron R. Rouse Council Members Absent: None November 15, 2022 33 ITEM— V.K.2 ORDINANCES/RESOLUTIONS ITEM#73497 (Continued) After City Council discussion, Council Member Rouse made a MOTION, seconded by Council Member Tower, to APPROVE item 16. Women's Right to Reproductive Healthcare, to be included within the City's 2023 Legislative Agenda Council Member Miles then made a SUBSTITUTE MOTION, seconded by Council Member Moss, to POSTPONE INDEFINITELY, item 16. Women's Right to Reproductive Healthcare,from being included in the City's 2023 Legislative Agenda Voting: 7-4 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb, Delceno C. Miles and Vice Mayor Rosemary Wilson Council Members Voting Nay: John D. Moss, Aaron R. Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Absent: None November 15, 2022 REQUESTED BY THE CITY COUNCIL 1 A RESOLUTION ADOPTING THE CITY'S 2023 2 LEGISLATIVE AGENDA 3 4 WHEREAS, the City Council traditionally adopts a Legislative Agenda and 5 requests members of the City's local delegation to the General Assembly sponsor 6 and/or support legislation therein; and 7 8 WHEREAS, the City Council has considered a number of goals and objectives 9 for inclusion in the City's 2023 Legislative Agenda. 10 11 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 That the City Council hereby adopts the City's 2023 Legislative Agenda, which is 15 attached hereto as Exhibit A and is hereby incorporated by reference. 16 17 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 18 BEACH, VIRGINIA: 19 20 That the City's Delegation to the General Assembly is hereby requested to 21 sponsor or support legislation in the 2023 Session of the General Assembly that would 22 carry out the goals and objectives of the City as set forth in its Legislative Agenda. 23 24 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 25 BEACH, VIRGINIA: 26 27 That the City Clerk is hereby directed to transmit a copy of this resolution to each 28 member of the City's local Delegation to the General Assembly. 29 30 Adopted by the City Council of the City of Virginia Beach, Virginia, this 15 t h 31 day of November , 2022. APPROVED TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: titt.t.hw A&Ai etAA) City Manager's Office City Attorney's Office CA15961 R-1 October 26, 2022 C I T Y - O F VIRGINIA B E A C H , V I °=1R - K � k M is i ,/J " f re ''' W' I- 30 YIY' SF Ali` IQ i-$r it "� . ilk .a `L4 r G. I. ar r. 4i. r r _ �� fM � A - h9 a !�+aR'i!'tir"'.`.4VrS- S-7c'. :3 LL,107 `Y....t.Ilk...... T.,.. -..::.`V`_..✓„—.7 .,_>.p .. V .yy.",-} ..,�y ,�� s -��� ._.._--- - .... ., emu.-r,. - ---- � . min _ h _ \\\ �`�:_-. l� �Zl `.4� yam'''?�7—.7.1T_T. - \` d am. S 7' _-� .- -- -,.- .... 47A- iti ,. ... ,, _ le .. ..........„...._ __ _.. ____ . _. _,.__ itt; r „ i_ . :.,... ... :_. _ _ ___ ,\,,,\_ 1 .. 1 ( \\ As ... ...___,_ i ,:_,_,,_ _ ___:: rm. ...:. .. .._._. ..7 _77._ ._,. 1.7 _47-1.E_ . ___. ...is V-""— : ,.____ .- ru ,! _: 111111 _ _- its �i -- Er. ,..:= '- p . ,.. .___,-....- , ... . _ ..,.. ........ ... , rig Ir. ...11 MIMI •IL Rill 11- '--. El —.2.- = IMM. 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ADOPTED ---- November 15, 2022 y......,__. ,t Table of Contents CITY LEADERSHIP 2 2022 VIRGINIA BEACH CITY COUNCIL MEMBERS 3 GENERAL ASSEMBLY DELEGATION 4 CITY CHARTER AMENDMENT 5 COUNCIL VACANCIES TO BE FILLED BY SPECIAL ELECTION 5 CONSTITUTIONAL AMENDMENT 7 REDEFINING MARRIAGE TO MATCH CURRENT FEDERAL LAW 7 VIRGINIA CODE AMENDMENTS 8 REPEAL OF 1% LOCAL TAX ON GROCERIES 8 ALIGN HOUSING RELATED FOIA EXCLUSIONS WITH ZONING EXCLUSIONS 9 PLAYGROUND EQUIPMENT COOPERATIVE PROCUREMENT 10 EXTEND OR MAKE PERMANENT SALES & USE TAX EXEMPTION FOR DATA CENTERS 11 SUSPEND CERTIFICATION REQUIREMENTS FOR EMPLOYEES ISSUING PERMITS 12 PUBLICATION REQUIREMENTS FOR PROFESSIONAL SERVICES RFPs 13 CLARIFICATION OF BONDS REQUIRED FOR ID/IQ CONSTRUCTION CONTRACTS 14 OBSTRUCTION OF RIGHT-OF-WAY VIOLATIONS 15 TAXATION ON VAPING AND CANNABIS PRODUCTS 16 LEAVING VEHICLES UNATTENDED AND RUNNING PROHIBITED 17 POLICY STATEMENTS 18 RESILIENCY ISSUES 18 CANNABIS RETAIL SALES, LOCAL CONTROL 19 AFFORDABLE HOUSING 20 SHORT-TERM RENTALS 21 STATE BUDGET REQUEST 22 VIRGINIA BEACH MASS SHOOTING PERMANENT MEMORIAL 22 ADOPTED Virginia Beach 2023 Legislative Agenda 1 ,`�NVA yb k ,S s•�,e,,,�ys L CITY LEADERSHIP Patrick A. Duhaney City Manager Kenneth L. Chandler Deputy City Manager Taylor V. Adams Deputy City Manager Monica C. Chaparro Assistant City Manager ADOPTED Virginia Beach 2023 Legislative Agenda 2 Yee1 o_ iw"s 2022 VIRGINIA BEACH CITY COUNCIL MEMBERS Robert M. "Bobby" Dyer Mayor, At-Large Rosemary A. Wilson Vice-Mayor, At-Large Michael Berlucchi District 3 (formerly Rose Hall) Linwood Branch District 5 (formerly Lynnhaven) Barbara M. Henley District 7 (formerly Princess Anne) Norman "Rocky" D. Holcomb District 2 (formerly Kempsville) Delceno Miles District 4 (formerly Bayside) John D. Moss At-Large Aaron R. Rouse At-Large Guy K. Tower District 6 (formerly Beach) Sabrina D. Wooten District 1 (formerly Centerville) ADOPTED Virginia Beach 2023 Legislative Agenda 3 GENERAL ASSEMBLY DELEGATION Senator Lynwood W. Lewis, Jr. Senate District 6 Senator Jen A. Kiggans Senate District 7 Senator William R. DeSteph, Jr. Senate District 8 Senator John A. Cosgrove, Jr. Senate District 14 Delegate Kelly K. Convirs-Fowler House District 21 Delegate C.E. "Cliff" Hayes, Jr. House District 77 Delegate Barry D. Knight House District 81 Delegate Anne Ferrell Tata House District 82 Delegate Timothy V. Anderson House District 83 Delegate Glenn R. Davis, Jr. House District 84 Delegate Karen S. Greenhalgh House District 85 Delegate Angelia Williams-Graves House District 90 Delegate Robert S. Bloxom, Jr. House District 100 ADOPTED Virginia Beach 2023 Legislative Agenda 4 Y--,-\ C,\s",:r���� CITY CHARTER AMENDMENT -, COUNCIL VACANCIES TO BE FILLED BY SPECIAL ELECTION V.. •q Sponsored by Councilmember John D. Moss Background: When a vacancy occurs in a local governing body, the remaining members of the body or board have 45 days to appoint a qualified voter to fill the vacancy. If the governing body fails to make the appointment within the applicable 45 days, the vacancy would be filled by the judges of the circuit court. The person appointed holds the office until the qualified voters fill the vacancy by election and the person elected has qualified. Separately, the Virginia Code requires a local governing body to petition the circuit court for a writ of election to fill a vacancy within fifteen days of the occurrence of a vacancy. The court typically orders the special election for the date of the next general election. If the vacancy occurs within 90 days of the next date of a general election, the local governing body may request the special election be held on the date of the following general election. The local governing body could request a date for a special election earlier than the next general election so long as the date complies with the date requirements of a special election. The following are the applicable requirements of a special election: (a) every special election shall be held on a Tuesday; (b) no special election shall be held within 55 days of a general or primary election; (c) no special election shall be held on the same day as a primary election; and (d) a special election may be held on the same day as a general election. The Virginia Code includes additional limitations upon special elections to fill a vacancy in a local elected body. No special election is to be held if the general election at which the special election is held is scheduled within 60 days of the end of the term of the office or if the general election is scheduled in the same year as the year the term of office expires. The below proposal would replace the current process of interim appointment by the City Council. This request will require a special election to be called for all vacancies. Such special election would be held on the first Tuesday after 60 days of the occurrence of the vacancy. The request includes certain procedures required when the special election would occur in the quiet periods before primary and general elections. Request: The City Council requests Section 3.03 of the City Charter be amended to read as follows: Section 3.03. Filling vacancies in office of councilmember-men and mayor. Notwithstanding any provision to the contrary in § 24.2-226 of the Code of Virginia, all V.-vacancies in the office of councilmember men, from whatever cause arising, except where such vacancy occurs due to a resignation to run for the office of mayor, shall be filled by special election to occur on the first ADOPTED Virginia Beach 2023 Legislative Agenda 5 Tuesday after withinsixty days of the occurrence of the vacancy. However, if a vacancy occurs within 120 days of the date of the next general election, the qualified voters will fill the vacancy by special election on the date of the general election. If the special election would occur within 55 days of a primary election, the special election to fill the vacancy shall be the Tuesday immediately following the primary election. The person so elected shall hold office for the unexpired portion of the term by a majority vote of the remaining members of the council, provided that so long as any of the councilmembers men are elected by and from wards or boroughs the vacancy shall be filled by a qualified voter residing in the same ward or borough. If a vacancy shall occur in the office of mayor, the unexpired portion of the term shall be filled by the same process described above. council shall cheese by a majority vote of the remaining members thereof one of its members to be mayor until his successor is elected and qualified in accordance with general Section 24.2-228 of the Code of Virginia regarding interim appointments shall not be applicable to a vacancy in the office of councilmember or mayor. ADOPTED Virginia Beach 2023 Legislative Agenda 6 uW/ CONSTITUTIONAL AMENDMENT 3fir;)% REDEFINING MARRIAGE TO MATCH CURRENT FEDERAL LAW LVt+w � fS yVV V.i Sponsored by Councilmember Michael A. Berlucchi Background: The United Nations Universal Declaration of Human Rights proclaims that the right to marry is an inalienable right. The US Supreme Court has stated the right to marry is one of the basic civil rights of man and cannot be infringed upon based on sexual orientation. The right to marry for same-sex couples has been protected in Virginia since 2015. In Obergefell v. Hodges (2015), the Court held that the government may not infringe on a person's fundamental right to marry on the basis of their sexual orientation. Currently, this right to marry would not be protected in Virginia if the US Supreme Court were to overturn the Obergefell case because of Article I, Section 15-A of the Virginia Constitution. Request: The Virginia Beach Human Rights Commission has requested, and the Virginia Beach City Council supports: 1. Repeal of Article I, Section 15-A of the Virginia Constitution; or alternatively, 2. Revision of Article I, Section 15-A of the Virginia Constitution by striking "one man and one woman," and inserting "two consenting adults," as follows: "That only a union between one mar an o e woman two consenting adults may be a marriage valid in or recognized by this Commonwealth and its political subdivision." ADOPTED Virginia Beach 2023 Legislative Agenda 7 tcf! VIRGINIA CODE AMENDMENT i` 14 REPEAL OF 1 % LOCAL TAX ON GROCERIES Sponsored by Councilmember John D. Moss Background: The General Assembly recently adopted and the Governor has signed the biennial budget for FY2022-23 and FY2023-24. This budget included text amendments to Virginia Code § 58.1- 611.1 to remove the state sales and use tax on food purchased for human consumption and essential personal hygiene products. The state budget did not alter the local sales and use tax on food purchased for human consumption and essential personal hygiene products. The City Council desires the General Assembly provide enabling authority for a locality to adopt an ordinance to remove the local tax on food purchased for human consumption. At present the applicable provisions of Virginia Code §§ 58.1-605 and 58.1-606 do not provide an option to locally exempt certain classes of products from the local retail sales and use tax. Request: The City Council requests Virginia Code §§ 58.1-605 and 58.1-606 be amended to authorize the City Council to adopt an ordinance exempting food purchased for human consumption from the local retail sales and use tax. ADOPTED Virginia Beach 2023 Legislative Agenda 8 `' 8a"' VIRGINIA CODE AMENDMENT �' y, T4J} ALIGN HOUSING RELATED FOIA EXCLUSIONS WITH ZONING �.09 `-: . �� EXCLUSIONS �yv •M Sponsored by Councilmember Guy K. Tower Background: During the 2022 General Assembly session, Delegate Angelia Williams-Graves patroned HB980 on behalf of the City of Virginia Beach. On February 8th, 2022 before the House General Laws Committee, Del. Williams-Graves requested that this bill be laid on the table and that the Committee Chair send a letter to the FOIA Council requesting the Council review and take an official position on this legislation. On July 26, 2022 a special committee of the FOIA Council met for the purpose of discussing this proposed bill. The special committee completed its work and planned to make its recommendation at the next regularly scheduled meeting of the FOIA Council. At the October 3'1'2022 meeting of the FOIA Council, the legislation was further discussed among members who were present. However, the Council was 1 member short of a quorum and therefore no official business was able to be conducted. The matter was rescheduled to be introduced at the FOIA Council's next meeting. At that time, pending the presence of a quorum, the Council will vote on whether and in what form to make its recommendation to the General Assembly during the 2023 session. Request: The City Council requests that HB980 from the 2022 General Assembly session be re- introduced, and further requests the endorsement of the FOIA Council for its adoption. ADOPTED Virginia Beach 2023 Legislative Agenda 9 VIRGINIA CODE AMENDMENT PLAYGROUND EQUIPMENT COOPERATIVE PROCUREMENT Sponsored by Councilmembers Linwood Branch and Norman "Rocky" D. Holcomb Background: Currently, the procurement statute § 2.2-4304 does not allow design and construction to be performed by the same entity. For playgrounds, installers must be certified to install a specific manufacturer's equipment for familiarity and to support warranty on products. The proposed change to include playground installations would enable localities to utilize cooperative procurement agreements for the concept planning/assembly drawings, purchase of materials/equipment and subsequent installation/assembly of playground equipment. This change would streamline procurement for playgrounds and make the entire process from concept planning to installation much more efficient. Request: The City Council requests that "playground installation" be added as an exemption under Virginia Code § 2.2-4304 from construction limitation under the cooperative procurement statute. ADOPTED Virginia Beach 2023 Legislative Agenda 10 ;,, 2 VIRGINIA CODE AMENDMENT aii... --;) EXTEND OR MAKE PERMANENT SALES & USE TAX EXEMPTION (`'�w .�w�' FOR DATA CENTERS Sponsored by Councilmember John D. Moss Background: Data centers are a primary driver of economic growth in Virginia, comprising $6.8 billion or 62% of all major economic investments announced last year by the Virginia Economic Development Partnership, according to a report released by the Northern Virginia Technology Council (NVTC). Data centers accounted for as many as 5,550 operational and 10,230 construction and manufacturing jobs, $1.6 billion in employee pay and benefits and $7.5 billion in economic output in 2021, the NVTC report found. Data centers had an approximate total impact of about 45,460 jobs, $3.6 billion in pay and benefits, $15.3 billion in economic impact and generated about$174 million in revenue for the state and about$1 billion in local tax revenue. Currently there is an exemption from taxation in Virginia for equipment leased or purchased for use in data centers. The current exemption sunsets in 2035. Realizing that this is indeed 12 years away, it is important for data center owners and developers to have this certainty when deciding to locate in Virginia, so that as their equipment reaches obsolescence, they can be assured that this incentive will remain. Request: The City Council requests that Virginia Code Section 58.1-609.3, subsection 18.a, be amended to extend or eliminate the sunset provision to allow exemption from taxation equipment leased or purchased for use in data centers. ADOPTED Virginia Beach 2023 Legislative Agenda 11 c4A— VIRGINIA CODE AMENDMENT i —— ' SUSPEND CERTIFICATION REQUIREMENTS FOR EMPLOYEES ‘If�....r�." ISSUING PERMITS Sponsored by Councilmember John D. Moss Background: Current law requires new employees issuing permits to have at least 3 years' experience and undergo a certification process per the Virginia Construction Code("VCC"). The VCC is only updated every 3 years, and the next cycle is not until 2024. Temporary suspension of this requirement would widen the pool of applicants during the present statewide hiring crisis for these hard-to-fill positions. Request: The City Council requests that the General Assembly direct the overseeing agency, the Department of Housing and Community Development ("DHCD"), to suspend this requirement immediately, recognizing that this is in advance of next 3-year cycle for updating of Virginia Building Codes. City Council further requests that if adopted, a requirement be included that all employees hired to issue permits that do not hold such certifications be subject to supervisory and oversight restrictions, including but not limited to direct supervision by a VCC certificated employee, and such other oversight and training requirements as deemed necessary and appropriate by DHCD to ensure the integrity of the permit-issuing system throughout the Commonwealth. ADOPTED Virginia Beach 2023 Legislative Agenda 12 i,' ��y, VIRGINIA CODE AMENDMENT PUBLICATION REQUIREMENTS FOR PROFESSIONAL SERVICES y �yya REQUESTS FOR PROPOSALS Sponsored by Councilmembers Delceno Miles and Aaron R. Rouse Background: The General Assembly prescribes the manner of advertisement for certain types of procurement. For construction, it is permissible to post an invitation to bid on the Virginia Department of General Services central electronic procurement website or the locality's website, and the locality retains the option of publishing the invitation to bid in a newspaper of general circulation. For professional services, such as architecture and engineering services, a locality may avoid publication in the newspaper only through the posting on the Department of General Services central electronic procurement website. The City desires to align the statutory requirements for posting professional services solicitations with those requirements for construction. The use of the City's website allows for more targeted solicitation and avoidance of unnecessary costs associated with publication in the newspaper. Request: The City Council requests Virginia Code § 2.2-4302.2 be amended to mirror the publication requirements in § 2.2-4302.1(2). For reference, the applicable text of§ 2.2-4302.1(2) is as follows: 2. Public notice of the Invitation to Bid at least 10 days prior to the date set for receipt of bids by posting on the Department of General Services' central electronic procurement website or other appropriate websites. In addition, public bodies may publish in a newspaper of general circulation. ADOPTED Virginia Beach 2023 Legislative Agenda 13 VIRGINIA CODE AMENDMENT CLARIFICATION OF BONDS REQUIRED FOR INDEFINITE DELIVERY \ !"f INDEFINITE QUANTITY CONSTRUCTION�`'��.�� / CONTRACTS Sponsored by Councilmembers Delceno Miles and Aaron R. Rouse Background: The General Assembly has recently acted to reduce the bonding requirements for certain types of construction contracts. Most recently, SB258 and SB259 in the 2022 General Assembly increased the bond thresholds for transportation projects and removed the prequalification requirement for other bond waiver projects. One specific type of construction contract that has heretofore not been addressed is indefinite delivery / indefinite quantity (IDIQ) construction contracts. IDIQ contracts make no guarantee of work, but these contracts allow a public entity to establish pricing and issue task orders on an "as-needed" basis. IDIQ contract establish an annual not-to-exceed cap for the total work that can be authorized for such contract. The Virginia Public Procurement Act and specifically § 2.2-4337 require performance and payment bonds "in the sum of the contract amount" for any public construction contract above the statutory thresholds. In the context of IDIQ, there have been two approaches. One approach requires performance and payment bonds in the amount of the annual not-to-exceed cap for the total work that can be authorized. The other approach is to require bonds for the dollar amount of the individual tasks. The City of Virginia Beach, in concert with the Minority Business Council, continues to look for opportunities to remove potential barriers to participation in City contracts by Small, Women, and Minority-owned (SWaM) businesses. Because large bond amounts can create a barrier to participation by SWaM businesses, the City seeks clarification regarding the required bonds for IDIQ contracts. Request: The City Council requests Virginia Code§2.2-4337 be amended to authorize the City Council to adopt an ordinance regarding the performance and payment bonds for indefinite delivery / indefinite quantity construction contracts. If adopted, the ordinance would elect to require performance and payment bonds to be provided by contractors based on the dollar amount of the individual tasks instead of the annual not-to-exceed cap. ADOPTED Virginia Beach 2023 Legislative Agenda 14 fkri.". 7, VIRGINIA CODE AMENDMENT OBSTRUCTION OF RIGHT-OF-WAY VIOLATIONS Sponsored by Councilmember Guy K. Tower Background: The City's Resort Advisory Commission has identified several nuisance and safety issues in the Resort Area that are difficult to remedy under the City's existing ordinances. An example of this is repeated violations of businesses along Atlantic Avenue that place their wares along the sidewalk. The City can enforce these violations as criminal misdemeanors, and if found guilty, the judge will impose a fine and court costs. However, the time it takes for the case to be heard and the ability for it to be extended renders the deterrent null, and the offender will continue the violating behavior and absorb the penalty as a cost of doing business. The ability to have a more expedient method to stop these violations is desired. One example would be akin to a parking ticket, with the ability to ticket multiple times if no corrective action is taken. There is currently no known authority that would enable the City to adopt such an ordinance. Request: The City Council requests the General Assembly to adopt legislation that would allow the creation of local ordinances to eliminate or deter the continuation of nuisance and safety- related offenses and violations during the pendency of a court hearing or other final disposition. ADOPTED Virginia Beach 2023 Legislative Agenda 15 ,�P �.��, VIRGINIA CODE AMENDMENT 1 ---f TAXATION ON VAPING AND CANNABIS PRODUCTS y HIV AP J!,; Sponsored by Councilmember Guy K. Tower Background: In the 2020, 2021, and 2022 State Budgets, the General Assembly approved a statewide tax on liquid nicotine (aka "vape juice") at a rate of 6.6 cents per milliliter. It has been in effect since July 1, 2020 as a source of state revenue. House Bill 30 from the 2022 General Assembly session also directed the Joint Subcommittee to Evaluate Tax Preferences to continue studying options for the modernization of Virginia Code§58.1-1001(A)to reflect advances in science and technology in the area of tobacco harm reduction, and the role innovative non-combustible tobacco products can play in reducing harm. In addition, the Joint Subcommittee has been tasked to study possible reforms to the taxation of tobacco products that will provide fairness and equity for all local governments and also ensure stable tax revenues for the Commonwealth. It is expected that there may be legislation in the upcoming session that addresses adult use cannabis for retail sale. The City wishes to have included in this legislation a mechanism for collection of a local tax on these products in order to address locality-specific issues arising from such legalization and use of these products. Request: The City Council requests the General Assembly grant statewide authority for local governments to establish an excise tax on the sale of vaping products and the sale of cannabis and cannabis-related products. ADOPTED Virginia Beach 2023 Legislative Agenda 16 04------'4',-, VIRGINIA CODE AMENDMENT V `_�� LEAVING VEHICLES UNATTENDED AND RUNNING PROHIBITED Sponsored by Councilmember Norman "Rocky" D. Holcomb Background: The Virginia Beach Police Department has been experiencing a significant number of auto thefts due to drivers leaving their cars running and unattended in such places as convenience store parking lots. As a matter of public safety, keeping unattended cars secure is a priority, and the City supports legislation that would give the police a tool that would deter this dangerous practice that has become quite commonplace. Request: The City Council requests the General Assembly adopt legislation to allow localities to impose a civil penalty for leaving vehicles unattended and running on a highway or in a public place (e.g., parking lot) in order to promote public safety and deter auto theft. ADOPTED Virginia Beach 2023 Legislative Agenda 17 et, POLICY STATEMENT Yk7 ` RESILIENCY ISSUES Sponsored by Councilmember Barbara Henley Policy Statement: The City Council supports statewide and regional resiliency efforts that benefit Virginia Beach by submittal of grant applications, implementation of projects, participation in studies, etc. including but not limited to: - Implementation of local projects in the JLUS Study - HRSD Climate Resilience Study - Partnership with Volpe Center on integrating resilience into transportation modeling and planning - Roadway Flooding Sensors Project funded by Implementation Grant from Office of Local Defense Community Cooperative - Regional Resilient Stormwater Management Design Guidelines ADOPTED Virginia Beach 2023 Legislative Agenda 18 POLICY STATEMENT Y: L__)1CANNABIS RETAIL SALES LOCAL NTR CONTROL O L Sponsored by Councilmembers Sabrina Wooten, Michael Berlucchi, Guy Tower Policy Statement: While medical-use and personal use cannabis is legal in certain circumstances in Virginia, localities have no zoning or local taxing authority or ability to hold a referendum to decide whether or not a community wants marijuana retail businesses to operate in its boundaries. The City Council is in support of legislation that: - Gives localities liberal local ordinance and zoning authority - Provides a statutory role for localities in the licensing process - Allows for expanded taxation for localities ADOPTED Virginia Beach 2023 Legislative Agenda 19 e-,*-- _/,,,' POLICY STATEMENT vl 4, ;-? AFFORDABLE HOUSING �?is MMrA rY , Sponsored by the Virginia Beach City Council Policy Statement: The City Council is in support of legislation that: - Enables localities to incentivize affordable housing, as defined by the locality, in site development and the City's comprehensive plan - Preserves and promotes local planning and zoning authority - Creates a statewide portal to attract and assist developers ADOPTED Virginia Beach 2023 Legislative Agenda 20 "�,3e tik� ':.. � �� POLICY STATEMENT r .i 1 SHORT-TERM RENTALS `,O NM^P Sponsored by Councilmember John D. Moss Policy Statement: The City Council is opposed to any legislation that: - Compels localities to allow Short-Term Rentals (STRs) - Limits the ability of localities to regulate STRs - Overrides local authority for STR land use or planning ADOPTED Virginia Beach 2023 Legislative Agenda 21 M` � STSTATE BUDGET REQUEST 4 '` _�' VIRGINIA BEACH MASS SHOOTING PERMANENT MEMORIAL � ,, 'fir Sponsored by Virginia Beach City Council Background: In the aftermath of the 5/31/2019 mass shooting in Virginia Beach, victims' families, survivors, members of the public and recovery professionals advised City Council that installation of a permanent memorial is a critical component for the community to heal, recover, and move forward. Following this advice, the City Council established the 5/31 Memorial Committee and hired consulting firm Kearns & West to facilitate the memorial planning process. In September 2022, the City issued a nationwide Request for Qualifications (RFQ) from professional design teams, and from the submissions the 5/31 Memorial Committee will select two finalists to submit conceptual design proposals and budgets for the memorial. Each finalist will be awarded a $10,000 stipend. The Committee will select one design team for recommendation to City Council based on their written and visual conceptual design and qualifications. This will occur in early Spring 2023, with construction anticipated to begin in FY24. Research has revealed that budgets of comparable memorials range from $2-5 million, with funds comprised of state, local and private support. The City has been funding the memorial efforts for the consultant, staff and administration for the Committee as well as associated incidentals, and is at the point where further financial resources are necessary. Request: For the upcoming December Governor's budget amendments, the City requests an allocation of$2 million to assist the City in the construction of a permanent memorial in remembrance of the victims of 5/31. ADOPTED Virginia Beach 2023 Legislative Agenda 22 k - ;.-- ; I I \ • •• „, Iii,, 1 llIrI r( '` �� ' /r r/Ir1//Irr(( "'II 11r1 I" t1t - - e - /rrr rrr r r rtlr liOral.lir410,1 gc> ' 3: 11 n © 0 Al 41-C 101uA el Q4 AIJe1 ii n llit 1 Ili ft I } J as Q� ` O 11 ig 0 4 k. f Ak ••(M. 1- I f t MI iII . ii i �, itru: rjA jL . _ 014I"Bc Office of the City Manager 0- � Debra M. Bryan, Esq. Municipal Center— Bldg 1 044: l'i Legislative Affairs Liaison 2401 Courthouse Drive I. Office: (757) 385-4242 Virginia Beach, VA 23456 v wI•. ,, Cell: (757) 375-6630 www.vbgov.com Cya rr='-P. - r dbryan@vbgov.com °f OUR NNW' 34 ITEM— V.K.3 ORDINANCES/RESOLUTIONS ITEM#73498 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in SUPPORT Robert Dean, 1204 Shawn Drive, Phone: 287-8694, spoke in SUPPORT Upon motion by Council Member Moss, seconded by Council Member Rouse, City Council ADOPTED Resolution to REQUEST the General Assembly AMEND the City Charter re process for filling vacancies in the Office of Member of City Council and Mayor(Requested by Council Member Moss) Voting: 6-5 Council Members Voting Aye: Michael F. Berlucchi, Delceno C. Miles, John D. Moss, Aaron R. Rouse, Guy K. Tower and Sabrina D. Wooten Council Members Voting Nay. Linwood O. Branch, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky"Holcomb and Vice Mayor Rosemary Wilson Council Members Absent: None November 15, 2022 REQUESTED BY COUNCILMEMBER MOSS 1 A RESOLUTION TO REQUEST THE GENERAL ASSEMBLY 2 AMEND THE CITY CHARTER TO PROVIDE A PROCESS 3 FOR FILLING VACANCIES IN THE OFFICE OF MEMBER 4 OF CITY COUNCIL AND MAYOR 5 6 WHEREAS, the City Council held a public hearing at its November 1, 2022 meeting 7 to receive input from the residents regarding a proposed amendment to the City Charter; 8 9 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 10 OF VIRGINIA BEACH, VIRGINIA, THAT: 11 12 The City Council hereby requests the General Assembly amend § 3.03 of the City 13 Charter to provide a process for filling vacancies in the office of member of the City 14 Council and mayor. The attached Exhibit A, which is incorporated herein, provides the 15 requested text of such amendment. Adopted by the Council of the City of Virginia Beach, Virginia, on the 15th day of November , 2022. APPROVED AS TO LEGAL SUFFICIENCY: orn y's Office CA15960 R-1 October 26, 2022 EXHIBIT A FILLING VACANCIES IN THE OFFICE OF COUNCILMEMBERS AND MAYOR SPONSORED BY COUNCILMEMBER JOHN MOSS Background: When a vacancy occurs in a local governing body, the remaining members of the body or board have 45 days to appoint a qualified voter to fill the vacancy or, in the case of the City where a local charter provision applies, there are 60 days to fill the vacancy. If the governing body fails to make the appointment within the applicable period, the vacancy would be filled by the judges of the circuit court. The person appointed holds the office until the qualified voters fill the vacancy by election and the person elected has qualified. Separately, the Virginia Code requires a local governing body to petition the circuit court for a writ of election to fill a vacancy within fifteen days of the occurrence of a vacancy. The court typically orders the special election for the date of the next general election. If the vacancy occurs within 90 days of the next date of a general election, the local governing body may request the special election be held on the date of the following general election. The local governing body could request a date for a special election earlier than the next general election so long as the date complies with the date requirements of a special election. The following are the applicable requirements of a special election: (a) every special election shall be held on a Tuesday; (b) no special election shall be held within 55 days of a general or primary election; (c)no special election shall be held on the same day as a primary election; and (d) a special election may be held on the same day as a general election. The Virginia Code includes additional limitations upon special elections to fill a vacancy in a local elected body. No special election is to be held if the general election at which the special election is held is scheduled within 60 days of the end of the term of the office or if the general election is scheduled in the same year as the year the term of office expires. The below proposal would replace the current process of interim appointment by the City Council. This request will require a special election to be called for all vacancies. Such special election would be held on the first Tuesday after 60 days of the occurrence of the vacancy. The request includes certain procedures required when the special election would occur in the quiet periods before primary and general elections. Request: The City Council requests Section 3.03 of the City Charter be amended to read as follows: Section 3.03. Filling vacancies in office of councilmember-m-en and mayor. Notwithstanding any provision to the contrary in § 24.2-226 of the Code of Virginia, all V-vacancies in the office of councilmember men, from whatever cause arising, except where such vacancy occurs due to a resignation to run for the office of mayor,shall be filled by special election to occur on the first Tuesday after within sixty days of the occurrence of the vacancy. However, if a vacancy occurs within 120 days of the date of the next general election, the qualified voters will fill the vacancy by special election on the date of the general election. If the special election would occur within 55 days of a primary election, the special election to fill the vacancy shall be the Tuesday immediately following the primary election. The person so elected shall hold office for the unexpired portion of the term= by a majority vote o f+ er� il, provided that so long as any of the councilmembers men are elected by and from wards or boroughs the vacancy shall be filled by a qualified voter residing in the same ward or borough. If a vacancy shall occur in the office of mayor, the unexpired portion of the term shall be filled by the same process described above. council shall choose by a majority vote of the remaining members thereof one of its members to be mayor until his successor is elected and qualified i accordance with general-la Section 24.2-228 of the Code of Virginia regarding interim appointments shall not be applicable to a vacancy in the office of councilmember or mayor. 35 ITEM— V.K.4 ORDINANCES/RESOLUTIONS ITEM#73499 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Fran Johnson, 435 Winston Salem Avenue, Phone: 560-5900, spoke in SUPPORT Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED Ordinance to AUTHORIZE acquisition of temporary and permanent easements, either by agreement or condemnation re Winston Salem Avenue Corridor Improvements Project, CIP 100489 (formerly CIP-9- 006) 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 November 15, 2022 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF TEMPORARY AND 3 PERMANENT EASEMENTS FOR THE 4 WINSTON SALEM AVENUE CORRIDOR 5 IMPROVEMENTS PROJECT, CIP 100489 6 (formerly CIP 9-006), EITHER BY AGREEMENT 7 OR CONDEMNATION 8 9 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 10 public necessity exists for the construction of this important roadway project to improve 11 transportation within the City, enhance pedestrian safety, improve the stormwater system, 12 upgrade public utilities and for other related public purposes for the preservation of the 13 safety, health, peace, good order, comfort, convenience, and for the welfare of the people 14 in the City of Virginia Beach. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 19 Section 1 . That the City Council authorizes the acquisition by purchase or 20 condemnation pursuant to Sections 15.2-1901 , et seq., and Title 25.1 of the Code of 21 Virginia of 1950, as amended, of all those certain temporary and permanent easements 22 (the"Property"), as shown on the plans entitled "WINSTON SALEM AVENUE CORRIDOR 23 IMPROVEMENTS" (the"Project"), and more specifically described on the acquisition plats 24 for the Project (plats and plans collectively referred to as the "Plans"), the Plans being on 25 file in the Engineering Division, Department of Public Works, City of Virginia Beach, 26 Virginia. 27 28 Section 2. That the City Manager is hereby authorized to make or cause to be made 29 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 30 offer to the owners or persons having an interest in said Property. If refused, the City 31 Attorney is hereby authorized to institute, prosecute and settle or resolve proceedings to 32 condemn said Property. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia, on the 15 t h day of 35 November 2022. CA15809 PREPARED: 10/11/22 R-1 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d022\p049\00832989.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY C SI A URE CI ATTORNEY p\A i_sk(AQ. DEPARTMENT 36 ITEM— V.K.5 ORDINANCES/RESOLUTIONS ITEM#73500 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to AWARD a $5,000 Community Services Micro-Grant to United Full Gospel Revival Center of Virginia Beach re support its annual Thanksgiving Basket Giveaway and Fill the Bag Christmas Drive(Requested by Council Member Wooten) Voting: 10-1 Council Members Voting Aye: Michael F. Berlucchi, Linwood O. Branch, Mayor Robert M. Dyer, 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 Member Voting Nay: Barbara M. Henley Council Members Absent: None November 15, 2022 REQUESTED BY COUNCILMEMBER WOOTEN 1 AN ORDINANCE TO TRANSFER $5,000 FROM THE 2 GENERAL FUND RESERVE FOR CONTINGENCIES TO 3 NON-DEPARTMENTAL "OPPORTUNITY GRANTS" AND 4 TO AUTHORIZE A COMMUNITY SERVICE MICRO-GRANT 5 TO UNITED FULL GOSPEL REVIVAL CENTER OF 6 VIRGINIA BEACH 7 8 WHEREAS, in its 2022 Session, the General Assembly amended Va. Code § 15.2- 9 953(A) to allow grants to certain churches and religious organizations "provided that all 10 governmental funds received from the locality are used to provide community services for 11 secular purposes without regard to the religious affiliation of the recipients of such 12 services;" 13 14 WHEREAS, the proposed micro-grant supports an annual Thanksgiving Basket 15 Giveaway and Fill the Bag Christmas Gift Drive, and such programs are offered without 16 regard to the religious affiliation of the recipients; 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA, THAT: 20 21 1. $5,000 is hereby transferred from the General Fund Reserve for Contingencies 22 to Non-Departmental "Opportunity Grants." 23 24 2. A Community Service Micro-Grant in the amount of$5,000 is hereby awarded 25 to United Full Gospel Revival Center of Virginia Beach to support its 26 Thanksgiving Basket Giveaway and Fill the Bag Christmas Gift Drive. 27 28 3. The funds provided herein are strictly limited by Virginia Code § 15.2-953 and 29 any use of such funds for unauthorized purposes shall result in the forfeiture of 30 such funds and claw back of such funds by the City. To that end, a report of 31 expenditures of grant funds shall be provided to the City within 30 days of 32 expenditure, and all such reports of expenditures shall be submitted prior to 33 June 30, 2023. Adopted by the Council of the City of Virginia Beach, Virginia on the 15th day of November , 2022. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget & Management Services or ey's Office CA15969 R-1 November 2, 2022 37 ITEM— V.K.6 ORDINANCES/RESOLUTIONS ITEM#73501 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to AMEND City Code Sections 27-60 and 27-61 re membership of the Independent Citizens Review Board(Requested by Council Members Henley and Wooten) 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 November 15, 2022 REQUESTED BY COUNCILMEMBERS HENLEY AND WOOTEN 1 AN ORDINANCE TO AMEND CITY CODE SECTIONS 2 27-60 AND 27-61 REGARDING MEMBERSHIP OF THE 3 INDEPENDENT CITIZEN REVIEW BOARD 4 5 SECTIONS AMENDED: 27-60; 27-61 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That Sections 27-60 and 27-61 of the Code of the City of Virginia Beach, Virginia, 11 are hereby amended and reordained to read as follows: 12 13 Sec. 27-60. Establishment of the board and membership requirements. 14 (a) There is hereby created the Independent Citizen Review Board as a law-enforcement 15 civilian oversight body of the Police Department. The board shall consist of eleven 16 (11) members, ac well as and may include up to two (2) non-voting members with 17 law-enforcement experience, with a preference for persons with at least fifteen (15) 18 years of law-enforcement investigative experience, all of whom shall be appointed 19 by the City Council and shall serve at the pleasure of the City Council. In accordance 20 with the requirements imposed by Code of Virginia § 9.1-601(E) or its successor 21 provision, any person currently employed as a law-enforcement officer as defined in 22 Code of Virginia § 9.1-101 or its successor provision is ineligible to serve as a 23 member of the board, but a retired law-enforcement officer may serve on the board 24 as an advisory, non-voting ex officio member; provided, however, that such retired 25 officer shall not have been previously employed as a law-enforcement officer by the 26 Virginia Beach Police Department but shall have been employed as a law- 27 enforcement officer in a locality that is similar to the City of Virginia Beach. 28 (b) The membership of the body shall reflect the demographic diversity of the City. 29 Appointees The eleven voting members shall be eligible to vote, reside in the City of 30 Virginia Beach, and should reflect the racial, gender/gender identity, and socio- 31 economic diversity of the City's population and be chosen on the basis of expertise 32 and experience in fields relevant to the performance of the board's duties. The 33 Council shall strive to appoint at least two (2) members under the age of 40. No 34 member shall be a current City employee, but voting members may include former 35 City employees if honorably separated from service for at least five (5) years. 36 Appointments shall be consistent with the membership disqualifiers set forth in the 37 next section of this Code. 38 Sec. 27-61. Membership disqualifiers. 39 (a) No person may serve on the Board, in either a voting or nonvoting capacity, if any of 40 the following apply: public office holder or candidate for such office; employed by, or 41 immediate family member of someone employed by the City; current employee of 42 any law enforcement agency; convicted felon (unless rights have been restored and 43 the felony conviction did not involve moral turpitude, a sex offense, domestic assault, 44 offenses involving children as victims, gun violations or any crime of violence as 45 defined in Code of Virginia § 18.2-288 or its successor provision); a person convicted 46 of any misdemeanor involving moral turpitude, sex offense, domestic assault, or 47 offenses involving children as victims or gun violations; currently or previously subject 48 to a protective order; less than honorable discharge from the military; multiple DUI 49 convictions within ten (10) years; any pending criminal charges/adjudication; 50 pending litigation against the City by the appointee or 51 immediate family member; or pending litigation against a law enforcement officer by 52 the appointee or immediate family member. For the purposes of this section, the term 53 "immediate family" shall be defined as set forth in Code of Virginia § 2.2-3101 or its 54 successor provision. 55 (b) Any appointee shall promptly self-report changes in circumstances that may cause 56 him or her to be disqualified. Adopted by the Council of the City of Virginia Beach, Virginia, on the 15 t h day of November 2022. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA15965 R-1 October 31, 2022 2 38 ITEM— V.K.7 ORDINANCES/RESOLUTIONS ITEM#73502 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to AMEND the Summary of Terms to EXTEND closing date of five (5)parcels of land located at the intersection of Burton Station and Tolliver Roads to Seniors Unlimited Lifestyles, Inc. as assigned to SUL Tranquility at the Lakes II, LLC 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 November 15, 2022 1 AN ORDINANCE TO AMEND THE SUMMARY OF 2 TERMS TO ALLOW AN EXTENSION OF THE 3 CLOSING DATE ON THE SALE OF FIVE (5) 4 PARCELS OF LAND LOCATED AT THE 5 INTERSECTION OF BURTON STATION AND 6 TOLLIVER ROADS (GPINS 1458-88-2715, 1458-88- 7 2897, 1458-89-2090, 1458-89-3052, 1458-89-2065) 8 TO SENIORS UNLIMITED LIFESTYLES INC. AS 9 ASSIGNED TO SUL TRANQUILITY AT THE LAKES 10 II, LLC 11 12 WHEREAS, the City of Virginia Beach (the "City") is the owner of five (5) 13 parcels of land totaling 65,147± sq. ft. (collectively, the "Properties") located at the 14 intersection of Burton Station and Tolliver Roads, and more particularly described on 15 Exhibit "A" attached hereto and made a part hereof; 16 17 WHEREAS, On December 10, 2019, by ORD-36050 (the "Ordinance"), 1s City Council authorized the sale of the Properties to Seniors Unlimited Lifestyles Inc., as 19 assigned to SUL Tranquility at the Lakes II, LLC (collectively hereinafter "SUL") to 20 create an affordable senior housing development similar to SUL's facility across Tolliver 21 Road; 22 23 WHEREAS, on March 31, 2020 the City entered into a purchase 24 agreement with SUL to purchase the Properties for the appraised value of$715,000; 25 26 WHEREAS, the Summary of Terms attached to the Ordinance as Exhibit 27 "B" contained a provision that the sale of the Properties must occur on or before 28 December 3, 2022 unless extended by City Council prior to that date; 29 30 WHEREAS, the parties have diligently pursued achieving the sale; 31 however, due to various issues and constraints, SUL has requested permission to 32 extend the closing date to December 31, 2023; 33 34 WHEREAS, City staff is agreeable to the extension; and 35 36 WHEREAS, SUL intends to purchase the Properties in accordance with 37 the Amended Summary of Terms attached hereto as Exhibit "B" and made a part hereof 38 (the "Amended Summary of Terms"). 39 40 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 41 OF VIRGINIA BEACH, VIRGINIA: 42 43 That the terms for the sale of the Properties to SUL are amended in 44 accordance with the attached Amended Summary of Terms and such other terms, 45 conditions or modifications as may be acceptable to the City Manager and in a form 46 deemed satisfactory by the City Attorney. 47 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the 49 l5th day of November , 2022. CA15816 R-1 11/08/22 \lvbgov.comldfsltap cationskityinti ycom ngpdocstd0081p051100843243.doc APPROVED AS TO CONTENT APPROVED AS TO CONTENT b!i Works/R al Estate Department of Housing & Neighborhood Preservation APPROVED AS TO LEGAL SUFFICIENC City Attorney's Office EXHIBIT "A" LEGAL DESCRIPTIONS Parcel 1: 1012 Finney Circle GPIN 1458-88-2715: ALL THAT certain lot, tract or parcel of land together with improvements thereon belonging, lying, situated and being in the City of Virginia Beach, Virginia and designated and described as: "NOW OR FORMERLY CITY OF VIRGINIA BEACH INST. #20130102000003920 INST. #20121221001461910 1458-88- 2715-0000" and further designated as "RESIDUAL AREA OF GPIN 1458-88-2715," as shown on that certain plat entitled: "PLAT SHOWING RIGHT OF WAY HEREBY ESTABLISHED BY CITY OF VIRGINIA BEACH FOR BURTON STATION ROAD IMPROVEMENTS VIRGINIA BEACH, VIRGINIA," Scale: 1" = 40', dated April 19, 2018 and revised through January 8, 2019, which plat is to be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, to which reference is made for a more particular description. RESERVING UNTO THE CITY all right, title and interest of the City in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the City and/or public. IT BEING a portion of the same property conveyed to the City of Virginia Beach from Kay Z. Kesser by Deed dated December 18, 2012 and recorded in the aforesaid Clerk's Office as Instrument Number 20130102000003920. Parcel 2: 1020 Finney Circle GPIN 1458-88-2897: ALL THAT certain lot, tract or parcel of land together with improvements thereon belonging, lying, situated and being in the City of Virginia Beach, Virginia and designated and described as: "RESIDUAL AREA TO BE ACQUIRED BY THE CITY OF VIRGINIA BEACH AREA = 8,198 S.F. OR 0.1882 AC." and further designated as "RESIDUAL AREA TO BE ACQUIRED BY THE CITY OF VIRGINIA BEACH 8,198 SQUARE FEET 0.1882 ACRES," as shown on that certain plat entitled: "PLAT SHOWING RIGHT-OF-WAY AND PROPERTY TO BE ACQUIRED FROM ROBERT L. ELLIOTT & HELEN TYLER BY CITY OF VIRGINIA BEACH FOR BURTON STATION ROAD IMPROVEMENTS CIP #9-081.003 VIRGINIA BEACH, VIRGINIA," Scale: 1" = 40', dated January 11 , 2011 and revised through September 26, 2013, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20130927001160920, to which reference is made for a more particular description. RESERVING UNTO THE CITY all right, title and interest of the City in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the City and/or public. IT BEING a portion of the same property conveyed to the City of Virginia Beach by deed from Robert L. Elliott and Helen Tyler dated September 18, 2013 and recorded in the aforesaid Clerk's Office as Instrument Number 20130930001163420. IT FURTHER BEING a portion of the same property conveyed to the City of Virginia Beach by Deeds of Confirmation dated September 18, 2013 from Earl Littleton Elliott, Jr. recorded in the aforesaid Clerk's Office as Instrument Number 20160815000718630; from Romona S. Corprew as Instrument Number 20160809000693760; and from Adrian T. Elliott as Instrument Number 20160727000644160. Parcel 3: 5837 Burton Station Road GPIN 1458-89-3052: ALL THAT certain lot, tract or parcel of land together with improvements thereon belonging, lying, situated and being in the City of Virginia Beach, Virginia and designated and described as: "NOW OR FORMERLY CITY OF VIRGINIA BEACH INSTRUMENT #20131017001240220 INSTR#20131016001232250(PLAT) 1458- 89-3052" and further designated as "RESIDUAL AREA OF GPIN 1458-89-3052," as shown on that certain plat entitled: "PLAT SHOWING EASEMENTS TO BE ESTABLISHED BY CITY OF VIRGINIA BEACH FOR BURTON STATION ROAD IMPROVEMENTS CIP #9-081 .003 VIRGINIA BEACH, VIRGINIA," Scale: 1" = 40', dated August 29, 2016, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20180226000152270, to which reference is made for a more particular description. SUBJECT TO those certain Dominion Virginia Power, Verizon Virginia Inc., Cox Communications Hampton Roads, LLC easements as shown on the aforesaid plat and recorded respectively as Instrument Numbers 20161026000968630, 20160726000641970, and 20160805000683460. RESERVING UNTO THE CITY the public drainage easement as shown on the aforesaid plat as "PROPOSED PUBLIC DRAINAGE EASEMENT AREA = 930 S.F. OR 0.0213 AC." and further described as "PROPOSED PUBLIC DRAINAGE EASEMENT 930 SQUARE FEET 0.0213 ACRES," as shown on the aforesaid plat. RESERVING UNTO THE CITY all right, title and interest of the City in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the City and/or public. IT BEING a portion of the same property conveyed to the City of Virginia Beach from Alphonso Elliott, Executor of the Estate of Martha Virginia Elliott by Deed dated October 9, 2013 and recorded in the aforesaid Clerk's Office as Instrument Number 20131017001240220. Parcel 4: 5841 Burton Station Road GPIN 1458-89-2090: ALL THAT certain lot, tract or parcel of land together with improvements thereon belonging, lying, situated and being in the City of Virginia Beach, Virginia and designated and described as: "NOW OR FORMERLY CITY OF VIRGINIA BEACH D.B. 3617, PG. 652 D.B. 429, PG. 271 (PLAT) 1458-89-2090" and further designated as "RESIDUAL AREA OF GPIN 1458-89-2090 9,430 SQUARE FEET 0.2165 ACRES," as shown on that certain plat entitled: "PLAT SHOWING RIGHT-OF-WAY HEREBY ESTABLISHED AND EASEMENTS TO BE CONVEYED BY CITY OF VIRGINIA BEACH FOR BURTON STATION ROAD IMPROVEMENTS CIP #9-081 .003 VIRGINIA BEACH, VIRGINIA," Scale: 1" = 40', dated January 11, 2011, and revised through February 25, 2014, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20150204000104180, to which reference is made for a more particular description. SUBJECT TO those certain Dominion Virginia Power, Verizon Virginia Inc., Cox Communications Hampton Roads, LLC easements as shown on the aforesaid plat and recorded respectively as Instrument Numbers 20160630000559760, 20160726000642000, and 20160627000547020. RESERVING UNTO THE CITY the public drainage easement as shown on the aforesaid plat as "PROPOSED PUBLIC DRAINAGE EASEMENT HEREBY ESTABLISHED AREA = 750 S.F. OR 0.0172 AC." and further described as "PROPOSED PUBLIC DRAINAGE EASEMENT HEREBY ESTABLISHED 750 SQUARE FEET 0.0172 ACRES," as shown on the aforesaid plat. RESERVING UNTO THE CITY all right, title and interest of the City in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the City and/or public. IT BEING a portion of the same property conveyed to the City of Virginia Beach from George W. Elliott and Jennie A. Elliott, husband and wife, by Deed dated January 10, 1996 and recorded in the aforesaid Clerk's Office in Deed Book 3617, at page 652. Parcel 5: Private Right of Way GPIN 1458-89-2065: ALL THAT certain lot, tract or parcel of land together with improvements thereon belonging, lying, situated and being in the City of Virginia Beach, Virginia and designated and described as: "RESIDUAL AREA TO BE ACQUIRED AREA = 7,913 S.F. OR 0.1817 AC." and further designated as "RESIDUAL AREA TO BE ACQUIRED 7,913 SQUARE FEET 0.1817 ACRES," as shown on that certain plat entitled: "PLAT SHOWING PROPERTY TO BE ACQUIRED FROM GEORGE W. ELLIOTT BY CITY OF VIRGINIA BEACH FOR BURTON STATION ROAD IMPROVEMENTS CIP #9-081.003 VIRGINIA BEACH, VIRGINIA," Scale: 1" = 40', dated March 18, 2013 and revised through March 26, 2013, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20130328000360010, to which reference is made for a more particular description. SUBJECT TO those certain Dominion Virginia Power, Verizon Virginia Inc., Cox Communications Hampton Roads, LLC easements as shown on the aforesaid plat and recorded respectively as Instrument Numbers 20160412000297120, 20160804000675130, and 20160602000468670. RESERVING UNTO THE CITY the public drainage easement as shown on the aforesaid plat as "PROPOSED PUBLIC DRAINAGE EASEMENT AREA = 450 S.F. OR 0.0103 AC." and further described as "PROPOSED PUBLIC DRAINAGE EASEMENT 450 SQUARE FEET 0.0103 ACRES," as shown on the aforesaid plat. RESERVING UNTO THE CITY all right, title and interest of the City in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the City and/or public. IT BEING a portion of the same property conveyed to the City of Virginia Beach from George W. Elliott by Deed dated April 4, 2013 and recorded in the aforesaid Clerk's Office as Instrument Number 20130423000463620. EXHIBIT "B" AMENDED SUMMARY OF TERMS SALE OF EXCESS PROPERTIES AT BURTON STATION ROAD GPINS: 1458-88-2715, 1458-88-2897, 1458-89-2090, 1458-89-3052, 1458-89-2065 SELLER: City of Virginia Beach PURCHASER: Seniors Unlimited Lifestyles, Inc. as assigned to SUL Tranquility at the Lakes Ili LLC PROPERTY: 65,147± sq. ft. of land located at the intersection of Burton Station Road and Tolliver Road; GPINs: 1458-88-2715, 1458-88-2897, 1458-89-2090, 1458-89-3052, 1458-89-2065; more particularly described on Exhibit A. SALE PRICE: $715,000 CONDITIONS OF SALE: • Properties are purchased "As Is, Where Is." Without limiting the foregoing, the City will only quitclaim its interest in and to GPIN 1458-89-2065 and it is the Purchaser's responsibility to ascertain and clear any rights of others to this property identified as a "private road." • The Purchaser may create a related company to take title, and City will allow Purchaser to assign its rights under the purchase agreement to a related legal entity for this purpose, subject to the City's prior approval. • If Purchaser is unable to obtain financing by December 2020, the contract may be terminated or extended by agreement of the parties for one year. • Purchaser shall deposit Five Thousand and No/100 Dollars ($5,000.00) at the execution of the Purchase Agreement. • Purchaser has sixty (60) days from execution of the Agreement of Sale to notify Seller of any conditions that would render the Properties unsuitable for Purchaser's intended use. • Purchaser shall, at its cost, resubdivide the Properties and vacate interior lot lines. • Purchaser shall bear all costs of development. • Purchaser shall construct a senior and disabled persons housing facility on the Properties. • Purchaser agrees to dedicate easements on, over and across the Properties as necessary for the Burton Station Road and/or Tolliver Road Improvements Project at no cost to the City. • Approval of this sale shall be revoked if closing has not occurred on or before December 3, 2022 December 31, 2023, unless extended by the City Manager City Council prior to such date. . . . -H,;.,. ligq4if 1.,, ,....,.,, . .. 414* y.„:-... 1 . &7` 7 • : 0:: t,i'''• , , .. • , ; ,,...4t *,•*' 4, ,..., , • .* . . . , N •:, ,,, w—.5)--- t s . , • ... •t•• '.., .... ... .. ','r. :.. '''••„X r 4:: '.'. , '.', \,", '• . '4 0 ' ' .• •• , I •'4 • • • • ••r „ r• I: , ••r r „ • • ' •r .,. r„• ',, . . „ ... • 14,110.- ,atit,,,,,., .... At. I,' -s". 0 .04 A • , ,;, . . , , •J _ . ' ,1\ . • • 4 it .4, ,. . . 41111111PIP• 0 ,/ ' iii / . .• „ j 7 4,N1 4.1 , •.,,,,,, ,, 1 ..• . ,..,... > , . . .„ • ' .,...- , •,,,;..... , ' ' • ' , . . • ., . • .. •,„ , ,•••., .. .•••. • . . 111111 .•I' ',',.• *1' ..0 • ..,1,... , •• , •,.. . ..,, ,,,,Ar , iN. . • . . „ -*:: ' .,, •':, Number 0 . . . ... ,.„ 1 1458-88-2715 . .„. .. ,.. „ . .,.. ,, .. „• _ ,.. .., . 2 1458-88-2897 4 , ., 1' 3 1458-89-3052 Oe' „4„,,..„...; ,. , , ,,-;...- 40 -, . . ., 1.„ ----- , 4 1458-89-2090 . ..,. - .. . . ...„ . ' . ,... .,..,..'--: i ,, (t.`• - .; '' 47. , \0 0... A t. 5 1458-89-2065 . , , Awik. , - • '.'- .„ .. , , , •VP'..,..,,, 6.'''",s‘1" , x Legend Level , „,, , 4- ...../ ,..' ,.. ,,..,..,•, ,,. EXCESS CITY PROPERTY ii M. City property to be sold TO BE SOLD TO 1,1:-1'...''' . , . 14'..' SENIORS UNLIMITED LIFESTYLES, INC. ' i SENIORS UNLIMITED LIFESTYLES, INC.!,1,' I---'. 1. .-.' City Properties I a"' ,• :' *- =iimm Feet vf • • • , , Vt. 1 0 100 200 400 4bliiiio% t"..----,..4 L....mot/tr.—. n-7...... cs.........4 n-....;.........n.....-..-.. 44,,,AAA ... . • 39 ITEM— V.K.8 ORDINANCES/RESOLUTIONS ITEM#73503 The following registered to speak: Barbara Messner, P. O. Box 514, spoke in OPPOSITION Christine Eberhart, 2965 Sand Bend Road, Phone: 353-5921, spoke in OPPOSITION Joseph Kindley, 332 Whiting Lane, Phone: 837-3001, spoke in OPPOSITION R. Harold Jones, Sigma Environmental Agent, 1513 Sandbridge Road, Phone: 615-9974, spoke in SUPPORT Upon motion by Council Member Henley, seconded by Vice Mayor Wilson, City Council DEFERRED TO DECEMBER 13, 2022, Ordinance to AUTHORIZE temporary encroachments into a portion of City- Owned property known as Bass Inlet (a/k/a Mill Pond) and an existing five (5)foot drainage and utility easement, located at the rear of 2961 Sand Bend Road re construct and maintain an open sided boat lift with a roof,a marginal wharf and a dock and to maintain portions of an existing bulkhead with related bulkhead returns DISTRICT 2 (Formerly District 7—Princess Anne) 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 November 15, 2022 40 ITEM— V.K.9 ORDINANCES/RESOLUTIONS ITEM#73504 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 canal off Ashville Bridge Creek located at the rear of 2472 Entrada Drive re construct and maintain the replacement of one hundred seventeen (117)feet of bulkhead, and to construct and maintain a dock, boat lift, electric line, and twenty-one (21) tie backs and dead man piles DISTRICT 2 (Formerly District 7—Princess Anne) 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 November 15, 2022 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF A CITY-OWNED CANAL 6 OFF ASHVILLE BRIDGE CREEK, 7 LOCATED AT THE REAR OF 2472 8 ENTRADA DRIVE 9 10 WHEREAS, Thomas A. Eberhard and Loretta Frances Eberhard (the 11 "Eberhards") have requested permission to re-construct and maintain the replacement of 12 117 linear feet of bulkhead, and to construct and maintain a 12' x 24' dock, 12' x 12' boat 13 lift, electric line, and twenty-one (21) tie backs and dead man piles (collectively, the 14 "Temporary Encroachments")within the City's property known as a canal off Ashville Bridge 15 Creek (GPIN: 2424-02-4573), located at the rear of their property at 2472 Entrada Drive 16 (GPIN: 2414-93-1232); and 17 18 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 19 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 20 the City's property subject to such terms and conditions as Council may prescribe. 21 22 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 26 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Eberhards, their heirs, 27 assigns and successors in title are authorized to construct and maintain the Temporary 28 Encroachments within the City's property as shown on the map entitled: "EXHIBIT 'A' 29 ENCROACHMENT REQUEST FOR" BULKHEAD, DOCK, BOAT LIFT WATERWAY: 30 MAN-MADE CANAL OFF ASHVILLE BRIDGE CREEK FOR: THOMAS & LORETTA 31 EBERHARD LOT 316 LAGO MAR SECTION 2 GPIN 2414-93-1232 INSTR.# 32 20151015001007592," Scale: 1" = 30', dated August 17, 2022, and prepared by Sigma 33 Environmental Services Inc., a copy of which is attached hereto as Exhibit A, and on file in 34 the Department of Public Works and to which reference is made for a more particular 35 description; 36 37 BE IT FURTHER ORDAINED, that the Temporary Encroachments are 38 expressly subject to those terms, conditions and criteria contained in the agreement 39 between the City of Virginia Beach and the Eberhards (the "Agreement"), an unexecuted 40 copy of which has been presented to the Council in its agenda, and will be recorded among 41 the records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; 42 43 BE IT FURTHER ORDAINED, that the City Manager or his authorized 44 designee is hereby authorized to execute the Agreement; and 45 46 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 47 such time as the Eberhards and the City Manager or his authorized designee execute the 48 Agreement. 49 50 Adopted by the Council of the City of Virginia Beach, Virginia, on the 15 t h 51 day of November , 2022 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: ,1e'A , -/9 PU LIC WORKS, REAL ESTATE . A MEYER IOR CITY ATTORNEY CA15628 R-1 Prepared: 11/01/2022 c:\users\ccvaughan\appdata\local\microsoft\windows\inetcache\content.outlook\2r8psed8\00837776.doc ♦ 1 > PLAN VIEW MAN-MADE CANAL OFF FLOOD 100'RIGHT-OF-WAY FOR A ASHVILE BRIDGE CREEK EBB\ DRAINAGE PURPOSES AND SCALE: 1" = 30' N/F CITY OF VIRGINIA BEACH PUBLIC USE GPIN 2424-02-4573 MB77P14 12.9' MHW-MHW +/-70' �+ •---- 1 12'X 24'DOCK REPLACEMENT a' A 12'X 12' ' NEW ELECTRIC BULKHEAD LINE 1.5 BOATLIFT Z 2.0' co , inso••••••••••frai .....- _. ----1._ w . I, " I & • `.. - 22.5' ! • • 34.8' • • • •• • • —16.5' TIE BACKS&DEAD MAN PILES_ • _ S 84`32'00"W 125.00' 14.5 I ELEC TRANS CURRENT ELECTRICAL SERVICE—♦' 1*----WOOD FENCE WOOD FENCE ON P/L r CURRENT 5 MATERIAL SCHEDULE: NOTE:ELECTRIC SERVICE i TIE BACK RODS:36°DIA-10-15' TO CURRENT BULKHEAD BULKHEAD LENGTH / oRAGBOARDS:TWO(2)2'X 17 WILL GE RELOCATED TO PILES:8'DIA MINIMUM 5'3'0/C- o I ' POOL& 14'LENGTH,BOAT LIFT-24' FACE OF NEW BULKHEAD 2 CONCRETE SHEETING:2'X 17 X 12'T&G IN SAME CONFIGURATION ' ALTERNATESCMI SG 330 SHEETING: VINYL WALES:DOUBLE 6'X E'ON EDGE- I CONTINUOUS STAGGEREDJO{NTS- w BOLDED ° ,,0, TOP CAP:TWIN 2'X 10' m ieme,„II,III40/ W PROTECTED FILTER CLOTH Ito �Piw• es4freI��I����������� b 1'WEEP HOLES 2'O/C 4'BELOW MHW °vlir�.I"4P"- I_L-VegtZAI/_ __.O 58 YD'BACKFILL an a . til SFR > > >�`> t e t f 2472 `►`>``>�r` MATERIAL SPECIFICATIONS: `a`> a >`I.' FRAMING:CCA 2.5#PCF(MLP-88) N/F DAVID CAPPS III 4>`>4.(,.'lg DEADMAN:CCA2.5#(MP-88) N/F THOMAS A.& IS" <'<'<','t co TOP PLATE 0.4#PCF(LP-22) LOT 315 <'<'<' < <`+ HARDWARE.HOT DIPPED .< },_< a r `. LORETTA EBERHARD III ►, >�> ° LAGO MAR SECTION 2 if�il,'< LOT 316 I'I >k>; o GALVANIZED(ASTM-A153) DB 02299 P 0989 I:'j'(':'e LAGO MAR SECTION 2 III>`>`>`>`>`'`>`><>`>`>fa` z GPIN 2414-93-2252 a'i'I''<'< > > > > > > > > > GPIN241493-1232 f >>< < >< < f < < < < <It < `►'a`>`'< INSTR.#20151015001007592 " " ,t' < < < < < a a < < < < N/F RICHARD W.HARRIS& a'1'C'c'< > s a > a > > a > r >(► "' ' ' #2472 >`>`>`a`a`a`>`>`>`>`> MILDRED F.HARRIS <yl, ,<y< ,t,,,<,<,<,<,<,t,<,<, LOT 3 17 -gi(,h1`:`;< �`�'� :'�':':'�'.'�':':':' LAGO MAR SECTION 2 < < < < < . , < < < :'I'(':': < t DB02219P0651 41'14'4'4 j <'<'<'<'<'<'<'<'t'f' GPI ,141411i31003090 { 1t < t • t < < < < < < i 4,1.4. a� < { < < `c s < e < ac < < < < c �••Y l. 1:- - 5'UTILITIES&DRAINAGE < > a > > a`► > > r a a ►•, a>a > > >>> > > > , , > , , > >a p- ESMT.MB77P14 <a >e>a a< a f< > >l<►<s a a i>t <a f <>i>i><a•>t>t><>f><>i s i><>t a<a<a<a f a t s t,<><><>t a �f a. (> > >>> as > > > > > a > a > > > > > > > ,<r<> > s > s ara , > a > a f ,t _�K� � .arR•� <r ><at <<)<><><, at>tac><s<a<><zta at>ca s<>s<s<rar<><s<><ae><a<s<><r a<a,a a<s<a<s •11 t+ -it . >} iar tst >t><>tt •„<><><><aaat>fsCai>ta•a<aLsfr<rt cat><a a<>< <><r<><a� <a<>< t<> <>ta<a<►<a<><> ,QY * 43.t L t t < a < < t t < t < < < a t e ti< >:_C> a<>> > > rt a > > a , > a > a > > > r 'pm <'a'<'<'t'c'<'<' 0• .J.. 44 2325.0T TO N 84°32'00"E 125.00' /s a 1.: ...1,.:" ATWOODTOWN RD. • ~a,11 t ` — ENTRADA DRIVE (50'R/W) 4, SCALE MB 77 P 14 E SIGMA ENVIRONMENTAL- SERVICES,INC. 0 10 20 30 1513 SANDBRIDGE ROAD VIRGINIA BEACH,VIRGINIA 23456 ' 757-615-9974 1 EXHIBIT"A" WATERWAY:MAN-MADE CANAL OFF PROJECT: REPLACEMENT BULKHEAD, ENCROACHMENT REQUEST FOR" ASHVILLE BRIDGE CREEK DOCK,BOAT LIFT FOR: THOMAS&LORETTA EBERHARD BULKHEAD,DOCK,BOAT LIFT LOT 316 LAGO MAR SECTION 2 DATUM: 0.00'MLW=-1.3'NAVD 1988 AUGUST 17,2022 GPIN 2414-93-1232 INSTR.#20151015001007592 1 I 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 7111 day of 0 Ctobty- , 20 Zb Y and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and THOMAS A. EBERHARD AND LORETTA FRANCES EBERHARD, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "316," as shown on that certain plat entitled: "SUBDIVISION OF LAGOMAR SECTION TWO PRINCESS ANNE BOROUGH VIRGINIA BEACH, VIRGINIA," Scale: 1" = 100', dated July 1968, prepared by Frank D. Tarrall, Jr. and Associates, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 77, at page 14, and being further designated, known, and described as 2472 Entrada Drive, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to re-construct and maintain a 117 linear feet bulkhead, and to construct and maintain a 12' x 24' dock, 12' x 12' boat lift, an electric line, and twenty-one (21) tie backs and dead man piles, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPINs: 2424-02-4573 (CITY-OWNED PROPERTY) 2414-93-1232 (2472 Entrada Drive) WHEREAS, in reconstructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City-owned property known as a "man-made canal off Ashville Bridge Creek," (GPIN: 2424-02-4573), 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 reconstructing, and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be reconstructed, and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT 'A' ENCROACHMENT REQUEST FOR" BULKHEAD, DOCK, BOAT LIFT WATERWAY: MAN-MADE CANAL OFF ASHVILLE BRIDGE CREEK FOR: THOMAS & LORETTA EBERHARD LOT 316 LAGO MAR SECTION 2 GPIN 2414- 93-1232 INSTR.# 20151015001007592 Scale: 1" '= 30', dated August 17, 2022, and prepared by Sigma Environmental Services Inc., a copy of which is attached hereto as Exhibit A and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 2 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 or encroachments to be removed referenced in the Exhibit or this Agreement are the 3 ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00 per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the 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 4 this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, THOMAS A. EBERHARD and LORETTA FRANCES EBERHARD, 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 , 20 by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, 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 THOMAS A. EBERHARD LOR TTA FRANCES EBERHARD STATE OF iirc--ileNt a- CITY/COUNTY OF .(C r%to 6 to-wit: The foregoing instrument was acknowledged before me this 14-n day of DC � , 20 , by Thomas A. Eberhard and Loretta Frances Eberhard. (SEAL) Notary Public CASEY F ALVEY Id Notary Puc Commonweatth of bli Virginia �fl a l �� Registration No.7021706 it Notary Registration Number: My Commission Expires Jul 31,2026 My Commission Expires: 0-7.3 1. 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Portion of the South Side of 20th Street between Pacific&Arctic Avenues b. Portion of the South Side of 20"Street between Arctic&Baltic Avenues c. Portion of the West Side of Arctic Avenue between 19h & 20t"Streets d. 19t1i Street between Pacific&Arctic Avenues e. All alleys within the block surrounded by Arctic & Baltic Avenues and 19" & 20"Streets 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 November 15, 2022 01A BEc �14G 2 City of ' rgi ni a Beach 14' S°F OUR NAII°14' VBg0V.00111 GUY K.TOWER CELL:(804)398-0070 COUNCIL MEMBER gtower(c�vbgov.com DISTRICT 6-BEACH November 15, 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 ordinance modifying the area proposed for closure and extending the date to satisfy conditions in the matter of closing portions of 20th Street, Arctic Avenue, 19th Street, and all alleys within the block surrounded by Arctic and Baltic Avenues and 19th and 20th Streets. 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- November 15, 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. 'tic ely, k" / '4-Z.____—.— uy K. Tower Councilmember GKT/RRI 1 AN ORDINANCE MODIFYING THE AREA PROPOSED 2 FOR CLOSURE AND EXTENDING THE DATE TO 3 SATISFY THE CONDITIONS IN THE MATTER OF 4 CLOSING 1) A PORTION OF THE SOUTH SIDE OF 20TH 5 STREET BETWEEN PACIFIC & ARCTIC AVENUES, 2) A 6 PORTION OF THE SOUTH SIDE OF 20TH STREET 7 BETWEEN ARCTIC & BALTIC AVENUES, 3) A PORTION 8 OF THE WEST SIDE OF ARCTIC AVENUE BETWEEN 9 19TH & 20TH STREETS, 4) 19TH STREET BETWEEN 10 PACIFIC & ARCTIC AVENUES, AND 5) ALL ALLEYS 11 WITHIN THE BLOCK SURROUNDED BY ARCTIC & 12 BALTIC AVENUES AND 19TH & 20TH STREETS 13 14 WHEREAS, on December 1, 2020, City Council acted upon the application of 15 Atlantic Park, Inc. and the City of Virginia Beach Development Authority (the 16 "Applicants") for the closures of portions of various rights-of-way totaling approximately 17 1.37 acres (the "Rights-of-Way") adjacent to an assemblage of property owned by the 18 City of Virginia Beach Development Authority; 19 20 WHEREAS, City Council approved (by Ordinances ORD-3645L and ORD- 21 3646M) the closure of the aforesaid Rights-of-Way subject to certain conditions being 22 met on or before November 30, 2021; 23 24 WHEREAS, on October 22, 2021, by Ordinance ORD-3680A, City Council 25 approved a one-year extension of time to satisfy the conditions of the street closure 26 action; 27 28 WHEREAS, on October 21, 2022, the Applicants requested an additional one- 29 year extension of time to satisfy the conditions of the street closure action; 30 31 WHEREAS, during review of the plats it was discovered that a scrivener's error 32 was made in the calculation of the above-ground area proposed for closure along the 33 southside of 20th Street; and 34 35 WHEREAS, the Applicants desire to correct the square footage of the area 36 proposed for closure in Ordinance ORD-3645L, as follows: 37 38 AREA ONE (Total of 4,750 Sq. Ft. / 0.11 Ac.): 39 ALL THAT certain piece or parcel of land situate, lying and being 40 in the City of Virginia Beach, Virginia, designated and described as 41 "5' ABOVEGROUND STREET CLOSURE 2500 S.F. (0.06 AC.)", 42 43 NO GPIN ASSIGNED — PUBLIC RIGHT-OF-WAY 44 (Adjacent GPINs: 2427-17-0853, 2427-07-7707, 2427-07-6990, 45 2427-07-6808, 2427-07-5863, 2427-07-5737, 2427-07-4883, 46 2427-07-4757, 2427-07-4802, 2427-07-3767, 2427-07-2890, 47 2427-17-2611, 2427-07-9524, 2427-07-3669, 2427-07-4517, 48 2427-07-4645, 2427-07-4691, and 2427-07-5625) 49 shown as the hatched area on the corrected exhibit entitled: 50 "ATLANTIC PARK VIRGINIA BEACH VIRGINIA", dated October 51 27, 2022, prepared by Kimley Horn, a copy of which is attached 52 hereto as Exhibit A. 53 54 ALL THAT certain piece or parcel of land situate, lying and being 55 in the City of Virginia Beach, Virginia, designated and described as 56 "4.5' UNDERGROUND STREET CLOSURE 2,250 S.F. (0.05 57 AC.)", shown as the shaded area on the aforesaid Exhibit A. 58 59 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 60 Beach, Virginia: 61 62 1. That the above-ground area proposed for closure along the southside of 63 20th street is hereby corrected to 2,500 sq. ft. (0.06 ac.), as shown on Exhibit A, 64 attached hereto and made a part hereof. 65 66 2. That the date for meeting conditions of closure as stated in the 67 Ordinances adopted on December 1, 2020 (ORD-3645L and ORD-3646M), upon 68 application of Atlantic Park, Inc. and the City of Virginia Beach Development Authority, 69 is extended to November 30, 2023. 70 71 Adopted by the Council of the City of Virginia Beach, Virginia, on this 72 15th day of November 20 22 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: cloL-1 —4-- t rney Planning Dep ment/ CA15815 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d031\p024\00840823.doc R-1 November 2, 2022 LEGEND NAD 1983 ABOVEGROUND (1993 HARN) 4� v��A STREET CLOSURE PACIFIC AVENUE (60' RAN) o UNDERGROUND N13'50'02"W 1k Z STREET CLOSURE 9.5' p fV C i i — — I— 5' ABOVEGROUND I STREET CLOSURE o I M 2500 S.F. (0.06 AC.) TOTAL STREET I CLOSURE AREA J g 4750 S.F. (0.11 AC.) il I I il / o. / / — — — — I I 0 CS 0I ° JI o W �w �o s� 0 Co I— iw �n �n I- LI In o W co to III Z Z o o^ I I- I = kl � PROPERTY OF I V)HVIRGINIA BEACH DEVELOPMENT AUTHORITY = N 2427-17-0853 (IN. (DEED) 20190212000114390) n- 4.5' UNDERGROUND STREET CLOSURE — — — I 2,250 S.F. (0.05 AC.) I - - - - �A L op TH I I 11,:„. p .... ''� , , Ni3'50'03"W 9 .0_, LY LAURENCE N. BENSON / 9.5' Lic. No. 0402057884 0 — — — _ — — / 'CI''o�, 10/27/2022�,r;,`�' ARCTIC AVENUE (60' RAN) GRAPHIC 3HOIC SC6AOLE IN FEE;20 $SSI ONA L ��-c'ti rnliiiiiMMIMINJ CORRECTED ATLANTIC PARKKimley>>>Horn STREET CLOSURE 0 2020 KIALEY-MORN AND ASSOCIATES,INC. 4525 MAIN STREET, SUITE 1000, VIRGINIA BEACH, VA 23462 EXHIBIT A VIRGINIA BEACH VIRGINIA PHONE: 757-213-8600 FAX 757-213-8601 WWW.KIMLEY-HORN.COM 42 ITEM— V.K.11 ORDINANCES/RESOLUTIONS ITEM#73506 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $30,000 from the Virginia Department of Forestry to FY2022-23 Department of Parks and Recreation Operating Budget re Princess Anne Commons urban forestry activities 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 November 15, 2022 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 STATE FUNDS TO THE DEPARTMENT OF PARKS 3 AND RECREATION FOR ACTIVITIES TO SUPPORT 4 URBAN FORESTRY 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $30,000 is hereby accepted from the Virginia Department of Forestry and 10 appropriated, with revenue from the Commonwealth increased accordingly, to the FY 11 2022-23 Operating Budget of the Department of Parks and Recreation for Princess Anne 12 Commons urban forestry activities. Adopted by the Council of the City of Virginia Beach, Virginia on the 15 t h day of November , 2022. Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: - C /1/4.1'j-- '/' udget and Management Services ttorney's ice CA15967 R-1 November 2, 2022 43 ITEM— V.L.1 PLANNING ITEM#73507 Upon motion by Vice Mayor Wilson,seconded by Council Member Moss, City Council APPROVED,AS CONDITIONED,BY CONSENT,application of C.P.MARINE&DIESEL,INC/CARL& GLORIA'S REPAIR SHOP, LLC for a Modification of Conditions re automobile repair garage at 1399 Air Rail Avenue DISTRICT 4(Formerly District 4—Bayside) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA C.P.MARINE& DIESEL,INC/CARL & GLORIA'S REPAIR SHOP, LLC for a Modification of Conditions re automobile repair garage at 1399 Air Rail Avenue (GPIN 1459832366) DISTRICT 4 (Formerly District 4—Bayside) The following conditions shall be required: 1. All conditions attached to the Conditional Use Permit granted on July 7, 2015, are hereby deleted and superseded by the following conditions. 2. Street front and foundation landscaping shall be installed on the subject site in accordance with the City of Virginia Beach Landscaping Guide. 3. Any trailers or equipment encroaching into the railroad right-of-way and the ten (10)-foot wide utility and drainage easement along the northwest lot line shall be removed. 4. Vehicles shall only be parked in spaces shown on the proposed LAYOUT SKETCH included in the staff report on page six(6). 5. A second overhead garage door may be installed on the northeastern side of the existing building, to the right of the existing overhead garage door, as depicted on the plan referenced in Condition Number 3.In no case, however, shall the northernmost edge of the opening for the new overhead garage door be any closer than six(6)to seven(7)feet from the northern side of the existing building, as depicted on the Plan referenced in Condition 3. 6. No vehicles waiting for service shall be stopped or parked at any time in the driveway section of the ingress/egress easement between parcels X-B (C.P. Marine) and X-C (Creative Sales, Inc.). There shall be no queuing of vehicles waiting to enter, or exit, the new overhead large garage door, referenced in Condition Number 4,such that the vehicles block the driveway. 7. The parking area shall be striped as shown on the Plan referenced in Condition Number 3 in accordance with Public Works Standards and Specifications. 8. All repair work shall be conducted inside the building. November 15, 2022 44 ITEM— V.L.1 PLANNING ITEM#73507 (Continued) 9. The existing overhead garage doors located on the northern side of the building shall be enclosed on the interior to the building such that no access to and from the building shall be possible. The exterior of said doors shall be painted to match the color of the exterior of the building. 10. There shall be no outside storage of vehicles in a state of obvious disrepair. If vehicles in this condition require storage, then such vehicles shall be stored within the building. 11. There shall be no cargo container units, whether on or off a chassis, located on the site. 12. No outdoor vending machines and/or display of merchandise shall be permitted. 13. The corrugated metal portions of the building shall be repainted a neutral tone. 14. There shall be no bulk storage or motor vehicle sales permitted on the site. 15. Any trash dumpster located on the property shall be screened with a six (6)-foot high privacy fence and gate at the opening. 16. Parking above the maximum number of parking spaces shall only be permitted with approval by the Planning Director pursuant to Section 203(b)(9) of the City Zoning Ordinance(CZO). 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 15`" day of November 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 November 15, 2022 / 11 b y, / 4, / 0 J / . ' ii 0 l '4,17° 11/.11 / Q, / --„,_ _ Thurston Avenue � 11 N /// Site C.P. Marine & Diesel, Inc W - ,., Property Polygons _�' Q 1399 Air Rail Avenue s Zoning Building Feet 0 1020 40 60 80 100 120 45 ITEM— V.L.2 PLANNING ITEM#73508 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council APPROVED,AS CONDITIONED, BY CONSENT, application of M.M. ROLLINS & COMPANY, A VIRGINIA CORPORATION for a Change of Zoning from AG-2 Agricultural to B-2 Community Business District re auto sales and service at 652 Princess Anne Road DISTRICT 2(Formerly District 7—Princess Anne) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA M.M. ROLLINS & COMPANY, A VIRGINIA CORPORATION for a Change of Zoning from AG-2 Agricultural to B-2 Community Business District re auto sales and service at 652 Princess Anne Road (GPIN portion of 2309603135) DISTRICT 2 (Formerly District 7 — Princess Anne) 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 15`h day of November 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 November 15, 2022 -v AG-2 n AG2 AG2 z 170 �o B2 as o. N A Site �, Property Polygons M.M. Rollins & Company, a Virginia Corporation 652 Princess Anne Road Zoning Building Feet 0 1020 40 60 80 100 120 46 ITEM— V.L.3 PLANNING ITEM#73509 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council APPROVED,AS CONDITIONED, BY CONSENT, application of SACRED DAGGERS, LLC/ PAVEMENT PARADISE, LLC,for an Alternative Compliance re tattoo parlor at 529 Virginia Beach Boulevard DISTRICT 5 (Formerly District 6—Beach) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA SACRED DAGGERS, LLC/ PAVEMENT PARADISE, LLC, for an Alternative Compliance re tattoo parlor at 529 Virginia Beach Boulevard (GPIN 2427061559)DISTRICT 5(Formerly District 6—Beach) The following conditions shall be required: 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure consistency with the provisions of Chapter 23 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance (CZO), and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. A separate sign permit shall be obtained from the Planning Department for the installation of any new signs. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 15th day of November 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 November 15, 2022 OR OR 0.1 A 1\2 Nam�,,\\ r„ Site W'i�� 'F Property Polygons Sacred Daggers, LLC Zoning 529 Virginia Beach Boulevard Building Feet 0 510 20 30 40 50 60 47 ITEM— V.L.4 PLANNING ITEM#73510 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council APPROVED,AS CONDITIONED,BY CONSENT, application of VIRGINIA AQUARIUM FOUNDATION/CITY OF VIRGINIA BEACH for a Conditional Use Permit re wind energy conversion system at 801 General Booth Boulevard DISTRICT 6(Formerly District 6—Beach) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA VIRGINIA AQUARIUM FOUNDATION/ CITY OF VIRGINIA BEACH for a Conditional Use Permit re wind energy conversion system at 801 General Booth Boulevard (GPIN 2416758858) DISTRICT 6 (Formerly District 6—Beach) The following conditions shall be required: 1. The Wind Turbine shall be constructed substantially in adherence to the site plans entitled "VIRGINIA AQUARIUM MARSH PAVILION ENHANCEMENTS", prepared by Waller Todd & Sadler and dated December 3, 2018, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. The Wind Turbine shall substantially adhere in appearance, size, and materials to the submitted conceptual sketch entitled "WIND TURBINE EXHIBIT CONCEPT SKETCH", depicted on page six(6) of this report. 3. The wind turbine shall not exceed thirty(30)feet in height. 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 15th day of November 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 November 15, 2022 ; ___ i / p -4h. la ° i/ 6 i c7 es",--7-'-- ', It/ u'lles/01 '. : IIpp ,:fo — - \ 0 • . rf\,, / ‘IF411C% I ° 7 4EPP $ 4 N7 I c;- 0 ?-__Ii, D Igt > ,s a) � D 0 'o Cp , a 0 is. i1 z i a 0 o Q�U UQ ,� � c� eo ( oo QQ �_a a� , , ID C:::7 c.46111-I a,E szth 8.7___, a_ V' ' CAD 4a lift o - � cm �Q � � a \ O • o /1'. CV, C LO o co 4 a� S---v- I -- nQ• � a) '.v?iii§ - Peof 8 DJ mi _ — iCfl° O\*:, e: 0 Q .eJec/ - < --so 0 a Nve: ‘1"-11 P 3--Ca j N O Q\ 711'\ �tN m 7 -\\\11 cric7z .5 FD Ct. CV \ 11. o ___. 4/ , 1:93 cts sa= CD i E b.te > 00 COFNI o MNP CO /119 J / _i§?°*; o, I o . / - b7 °. r /$ %-0.0, z, CD 0- . r, < . N l .6v ci 112 (?-\). a... ° Off'-c) 0 \ ° m • • a •_ cy, . 73 t\ QiG ° cn a N m ,Q 48 ITEM— V.L.5 PLANNING ITEM#73511 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council APPROVED,AS CONDITIONED,BY CONSENT, application of RUSSELL A. BROWN for a Conditional Use Permit re home occupation — retail sales at 1212 Sycamore Road DISTRICT 8 (Formerly District 5 — Lynnhaven) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA RUSSELL A.BROWN for a Conditional Use Permit re home occupation —retail sales at 1212 Sycamore Road (GPIN 1488676163) DISTRICT 8 (Formerly District 5—Lynnhaven) The following conditions shall be required: 1. Any firearm or firearm parts kept on the property shall be stored in a locked,secured vault or similar container. The applicant shall contact the Police Department's Crime Prevention Office to arrange for a meeting at the property for the purpose of conducting a security assessment within one (1) month of the granting of this Conditional Use Permit. A report shall be written by the Police Department, a copy provided to the applicant, the Planning Department, and a copy retained by the Police Department. 2. The applicant shall obtain and maintain a Federal Firearms License (FFL) through the Bureau of Alcohol, Tobacco, Firearm and Explosives(ATF) in order to conduct business. 3. All small arms ammunition,primers,smokeless propellants, and black powder propellants stored or awaiting transfer at the residence shall comply with Section 3306 of the Virginia Statewide Fire Prevention Code and NFPA 495. 4. There shall be no sign identifying the businesses on the exterior of any building on the property or within the yard of the property. 5. There shall be no more than five(5)hand-to-hand transactions per month at the dwelling. 6. Delivery of firearms to the property shall be received on the applicant's property only, secured by the applicant's signature. 7. In accordance with Section 234(d) of the City Zoning Ordinance(CZO), the use shall not create noise, dust, vibration, smell, glare, electrical interference,fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. November 15, 2022 49 ITEM— V.L.5 PLANNING ITEM#73511 (Continued) 8. No more than twenty (20)percent of the floor area of the dwelling unit shall be used in conduct of the activity.In addition, all activities related to the proposed Home Occupation shall only be conducted inside of the of on hundred seventy(170)square foot room on the property. 9. There shall be only one (1) employee associated with this home-based business. 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 15th day of November 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 November 15, 2022 zif E/7 fa /m R40 � R40 R40 I 0 (ti /,, Site Russell A. Brown Property Polygons 1212 Sycamore Road Zoning S Building Feet 012.525 50 75 100 125 150 50 ITEM— Y.L.6 PLANNING ITEM#73512 Upon motion by Vice Mayor Wilson, seconded by Council Member Moss, City Council APPROVED,AS CONDITIONED, BY CONSENT, application of GREEN CLEAN SHORE, LLC/KS SHORE, LLC for a Conditional Use Permit re car wash facility at 4769 Shore Drive DISTRICT 9(Formerly District 4 —Bayside) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA GREEN CLEAN SHORE,LLC/KS SHORE,LLC for a Conditional Use Permit re car wash facility at 4769 Shore Drive (GPIN 1479473214) DISTRICT 9(Formerly District 4—Bayside) The following conditions shall be required: 1. The site shall be developed and maintained substantially in conformance with the submitted site layout entitled "Concept Landscape Plan,"dated September 2, 2022, and prepared by Kimley-Horn.Said plan has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning& Community Development. 2. The design, size, and materials of the building shall be substantially in adherence, with the submitted elevation exhibits entitled "Green Clean Auto Wash,"dated September 7, 2022, and prepared by SBA Studios. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Department of Planning& Community Development. 3. The vacuum stations shall have an all-black assembly with black hoses, black trash receptacles, black posts, and black canopy cover. 4. The pay station canopies shall be substantially similar to the provided photographic exhibit but shall black with no color-changing LED lighting. 5. No window or outdoor advertising banners, pennants, streamers or other such visual devices beyond those permitted by the City Zoning Ordinance(CZO)shall be permitted on the property. 6. No water produced by activities at the facility lot shall be permitted to fall upon or drain across public streets or sidewalks or adjacent properties. 7. All on-site signage shall meet the requirements of the City Zoning Ordinance(CZO). Any freestanding signage shall be limited to one monument-style sign that shall be no taller than eight feet in height and shall be constructed with a base to match the proposed building in terms of color and material. There shall be no signs that 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. November 15, 2022 51 ITEM— V.L.6 PLANNING ITEM#73512 (Continued) 8. There shall be no portable or nonstructural signs or electronic display signs on the site. 9. All outdoor lights shall be shielded to direct light and glare onto the premises,said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14)feet. 10. All outdoor lights shall have static lighting and shall be natural hues(e.g., white light). 11. The location of the required three parking spaces will be finalized during site plan review (i.e., those spaces without vacuum stations). 12. Parking above the maximum number of parking spaces shall only be permitted with approval by the Planning Director pursuant to Section 203(b)(9)of the Zoning Ordinance. 13. The final stormwater management plan submitted to the Development Services Center (DSC)shall be in substantial conformance with the preliminary stormwater analysis and shall comply with all adopted stormwater regulations. 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 15`h day of November 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 November 15, 2022 Cit ( _ - -' City Of Vi r i ni a Beach G9 444 �r yT4s • 5,6' Op OUR NA-0O VBgo.,.eom GUY K.TOWER CELL:(804)398-0070 COUNCIL MEMBER gtower(&vbgov.com DISTRICT 6-BEACH November 15, 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 application of Green Clean Shore, LLC for a conditional use permit for property owned by KS Shore, LLC and located at 4769 Shore Drive. 2. The property owner 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- November 15, 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. in rely, Guy K. Tower Councilmember GKT/RRI -______� 8.2,E hOre p rive orJPjve ---- i B -2 a B2 `� o 0 r o i - - B�2 e 0 Z 0s. j v) gtr N ��� Site W ill E Property Polygons Green4769 Clean Shore, LLC ��J. Zoning Shore Drive s Building Feet 012.525 50 75 100 125 150 52 ITEM— Y.L.7 PLANNING ITEM#73513 Upon motion by Vice Mayor Wilson,seconded by Council Member Moss, City Council APPROVED,AS CONDITIONED,BY CONSENT,application of SHAWNANDREW MASLANEY for a Condition Use Permit re short term rental at 1724 Baltic Avenue DISTRICT 6(Formerly District 6—Beach) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA SHAWN ANDREW MASLANEY for a Condition Use Permit re short term rental at 1724 Baltic Avenue(GPIN 24270730526800)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 1724 Baltic Avenue and the Short Term Rental use shall only occur within the dwelling unit. 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 units 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. November 15, 2022 53 ITEM— Y.L.7 PLANNING ITEM#73513 (Continued) 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notes 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. 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 ofpersons on the property after 11:00p.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). November 15, 2022 54 ITEM— V L.7 PLANNING ITEM#73513 (Continued) 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(1)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(1)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(12) 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. 19. Prior to approval of any Department of Planning and Community Development Short Term Rental Zoning Permit associated with the subject addresses, a parking plan consistent with the requirements of Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance (CZO), or as approved by City Council, must be submitted, and approved by the Zoning Administrator. 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 15th day of November Two Thousand Twenty Two. November 15, 2022 55 ITEM— V L.7 PLANNING ITEM#73513 (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 November 15, 2022 /q z f i. Ce 0 CD LLo CO 0 in 0 .4- o M o N --- en" L7 is p`� . Bait _- r-- \\414)%0 0a . 0 >, a) co z \ (n a o s co a) , .C. 2\ Et c °' 0p Apo CO\ 4,.. .0 C a ,0 0 W Ce N 0 1... O v' 0 a_ o' 1 a Ce 1‘ w CL N CC)0 56 ITEM— V.M APPOINTMENTS ITEM#73514 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: 2040 VISION TO ACTION COMMUNITY COALITION ACTIVE TRANSPORTATION ADVISORY COMMITTEE AGRICULTURAL ADVISORY COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS BOARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION INDEPENDENT CITIZEN REVIEW BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION SOCIAL SERVICES ADVISORY BOARD TA/ITA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE WETLANDS BOARD November 15, 2022 57 NEW BUSINESS ITEM#73515 Council Member Berlucchi congratulated Council Member Miles for receiving the Lifetime Achievement Award in business by Black Brand. Council Member Berlucchi advised he attended the award ceremony where Council Member Miles was honored for her work as an entrepreneur, mentor and business leader, expressing Council Member Miles and her achievements are a point of pride for the City. November 15, 2022 58 NEW BUSINESS ITEM#73516 (Continued) Council Member Moss advised the two (2) workshops to solicit public feedback on the proposed Noise Ordinance will be held tomorrow, November 16t at Princess Anne High School. Council Member Moss advised the first session will be from 3:30—5:00 P.M and the second will be from 6:00—8:00 P.M November 15, 2022 59 ADJOURNMENT ITEM#73517 Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 9:17 P.M. Terri . Chelius Chief Deputy City Clerk Am da Barnes,MMC Robert M. Dyer City Clerk Mayor November 15, 2022