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HomeMy WebLinkAboutMARCH 7, 2023 FORMAL SESSION MINUTES f9 �rf J ! �'. - _' 4irf5 ter✓ 01 R'.�'titil VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia March 7, 2023 Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in the City Council Conference Room, Tuesday, March 7, 2023, at 1:00 P.M Council Members Present: Michael F.Berlucchi,Mayor Robert M. Dyer,Barbara M.Henley,N.D. "Rocky" Holcomb, Robert W. "Worth"Remick,Dr.Amelia N. Ross-Hammond,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse- Vacation 2 CITY COUNCIL'S BRIEFINGS REAL ESTATE ASSESSOR'S ANNUAL REPORT ITEM#73867 1:01 P.M. Mayor Dyer welcomed Sue C. Cunningham, Real Estate Assessor. Ms. Cunningham expressed her appreciation to City Council for their continued support: 4 • 'irk CITY OF VIRGINIA BEACH '.. Real Estate p , -�` l , -�►i Assessor = ` -._ Annual Presentation # `. to _ �-- City Council ril m PRESENTED HY: 1 i SUE CUNNINGHAM,CITY REAL ESTATE ASS • MARCH Z 2023 Gordan n z- Andrea `. , It,-..•. ,_ 1 czpii .. ‘...___ , Daniela e `,.' ._ Kelk\i \ . , 414,,, lijkw i — t ,:„,,Robbie _ .A NANKBtisa ;randon _�. - - - 110 •• Tyler cR`a� JoeyCharlie Alfonso No Kim Donna March 7, 2023 3 CITY COUNCIL'S BRIEFINGS REAL ESTATE ASSESSOR'S ANNUAL REPORT ITEM#73867 (Continued) Here are the Projected FY 2024 Real Estate Assessments: Projected FY 2024 Real Estate Assessments Assessments $76,272,607,100 Tax Revenue* $755,098,810 *Based upon FY 2023 tax rate of$0.99 Each$.01 of the tax rate will generate $7,630,000 Represents a 9.47%increase from the FY2023 assessment Here is the District Breakdown of Assessments: District Breakdown of Assessments District Parcels Total Assessment ;; - . 01 15,919 $5,995,420,700 . 02 18,202 $9,619,095,200 03 15,937 $6,467,572,800 04 11,945 $5,954,304,500 05 16,175 $7,787,408,500 06 15,704 $12,456,681,300 ,,,,, 07 14,848 $5,350,160,600 08 17,731 $10,161,788,100 09 15,887 $7,515,740,500 o- 10 14,038 $4,774,434,900 Total 156,386 $76,082,607,100 *Taxable-As of January 2023 March 7, 2023 4 CITY COUNCIL'S BRIEFINGS REAL ESTATE ASSESSOR'S ANNUAL REPORT ITEM#73867 (Continued) The Total Parcels of Real Estate are 163,085: Total Parcels of Real Estate Calendar Year 2021 2022 2023 Taxable Parcels 158,982 159,126 159,315 Exempt Parcels 3,777 3,772 3.770 Total 162,679 162,898 163,08S Inventory Maintenance Productivity Calendar Year 2021 2022 Ownership Transfers 18,330 15,591 Subdivision Plats 168 161 Corrections 106 161 Growth and Appreciation of parcels are projected to increase slightly from the previous year: Growth and Appreciation 9.47% 10% 92% L 8% 6% $:9% 9.07% v 8696 • II MI a■ 0. ,0% • in d -1.4% a -2% 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Fiscal Year Growth Appreciation Assessment Change Fiscal Year 2024 Growth(Projected) $280,000,000 0.40% Appreciation $6,317,780,700 9.07% Assessment Change $6,597,780,700 9.47% 'Projected 2024 Land Book compared to actual 2023 Land Book March 7, 2023 5 CITY COUNCIL'S BRIEFINGS REAL ESTATE ASSESSOR'S ANNUAL REPORT ITEM#73867 (Continued) The Overall Median Change is 9.04%and the Overall Mean Change is 9.61%: Appreciation by Category Overall Median Change Overall Mean Change 9.04% 9.61% Residential 9.20% Residential 9.81% Apartment 6.25% Apartment 5.50% Commercial/Industrial 3.13% Commercial/Industrial 5.20% "Actual appreciation through January2023 when FY 2024 notices are mailed. Median Change of Residential Property by Value Range Under$150,000 11.92% $150,000-$199,999 9.81% $200,000-$249,999 8.90% $250,000-$349,999 8.77% $350,000-$499,999 9.26% $500,000-$749,999 9.52% $750,000 or Greater 10.73% •As of January 2023 March 7, 2023 6 CITY COUNCIL'S BRIEFINGS REAL ESTATE ASSESSOR'S ANNUAL REPORT ITEM#73867 (Continued) Residences by Year Built _0: $700,000 $644,200 CMS 45,000 $600,000 40,000 35,000 $500,000 30,000 $362,200 5400,000 25,000 2 $330,900 7,76; 5300,000 20,000 15,000 III 5200,000 10,000 $100,000 5,000 SO Prior to 1950 1950 to 1959 1960 to 1969 .70 to 1979 1980 to 1989 1990 to 1999 2000 to 2009 2010 to Resent ti Number Mean Assessment' •As d lan.,2,2023,tAaarnied to the nearest 100 The Median Appreciation declined slightly from the previous year: Median Appreciation Fiscal Median 25% Year 22.51% 2024 9.04% 2023 10.80% 20% 2022 4.46% 2021 2.05% 15% - --- • - 2020 2.55% 2019 1.85% 10.80% 2018 2.18% '410% • a 2017 2.34% u 8.93% 9�%2016 1.44% 2015 1.76% 2014 0.00% 4'46xt 2013 -4.87% a 096 2012 -2.56% -4.84% 2011 -4.84% 2010 3.32% -5% 2009 0% 2008 21.36% -10% ---- �. 2007 22.51% Zoos 2006 20i 2a. too,2140 2011 240 201s 20:4 2era 2.14 20»20ra ors 244 2024 bts202,=h4 2006 19.56% 2005 8.93% Fiscal Year (•Median 10 March 7, 2023 7 CITY COUNCIL'S BRIEFINGS REAL ESTATE ASSESSOR'S ANNUAL REPORT ITEM#73867 (Continued) Here are the Mean/Median Residential Values: Mean/Median Residential Values Mean Median Type Number Assessment* Assessment* Change in Median Single Family 99,591 $449,700 $365,800 $31,000 9.3% Townhouse 19,738 $217,400 $204,200 $18,600 10.0% Low Rise Condominium 21,897 $328,700 $276,000 $25,200 10.1% High Rise Condo/Co-op 3,090 $412,800 $377,900 $32,700 9.5% Duplex/ 1,258 $625,400 $459,400 $35,400 8.3% Homes with Apts All Residences 145,574 $400,700 $326.800 $28,900 9,7% In addition to residences,there are 39,008 apartment units in multi-family complexes. 'Rounded to nearest$100 "January 1022 to January 2023 comparison. Median Home Assessment All Residential Properties $350,000 $335,000 326 800 $320,000 $305,000 297,900 o $290,000 3 m 3 $275,000 v 267,600 o $260,000 -- $245,000 $230,000 $215,000 210,900 $200,000 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Fiscal Year March 7, 2023 8 CITY COUNCIL'S BRIEFINGS REAL ESTATE ASSESSOR'S ANNUAL REPORT ITEM#73867 (Continued) Here is the FY 2024 Assessment Comparison By Classification: FY 2024 Assessment Comparison By Classification Taxable Parcels Classification 2024 Assessment General Commercial 7.8% Hotel 1.9% Office 2.6% 14.0% Industrial 1.7% Apartment 8.5%Th Residential 60.4% Townhouse 5.6% 86.0% Condominium 11.1% Agriculture 0.4% As ofJanuary 1,2023 The City has a value of$284-Million in Total New Construction: New Construction (January 2022 thru December 2022) Commercial 11 General Commercial* $13,586,200 2 Office* $7,808,800 6 Hotel* $41,471,700 2 Industrial* $2,558,900 2 Commercial/Industrial Additions $138,500 Total Commercial New Construction $65,564,000 23.1% *Includes bulldouts. Residential 159 Single Family $97,919,400 0 Townhouses $0 3 Duplexes $1,093,300 117 Condominium Units $49,072,100 152 Apartment Units $4,072,100 1,060 Residential Additions $66,453,600 Total Residential New Construction $218,803,100 76.9% • Total New Construction $284,367,100 100% • Buildings/structures only(excludes land). March 7, 2023 9 CITY COUNCIL'S BRIEFINGS REAL ESTATE ASSESSOR'S ANNUAL REPORT ITEM#73867 (Continued) VALUE OF ANNUAL NEW CONSTRUCTION* (In Millions of Dollars) S600 36.3 y $S i so # p 338.6 73.1 r 348.2 284.3 — — -IE4 1 So - 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Calendar Year ©Commercial 'Residential ♦Total Number of New Housing Units Built %;r3° 1661 .,Pc) 1464 1443 7 `,) '� F 1233 ,a 1108 1094 109 tD �' 1039 z 7, D 900 0 734 700 431 00 2012 2013 2010 2015 2016 2017 2018 2019 2020 2021 2022 CALENDAR YEAR 16 March 7, 2023 10 CITY COUNCIL'S BRIEFINGS REAL ESTATE ASSESSOR'S ANNUAL REPORT ITEM#73867 (Continued) Here is the Median/Mean Assessment of New Homes between 2012 and 2022: Median/Mean Assessment of New Homes ‘11,- A Year Median Mean 2022 $643,100 $813,200 2021 $545,900 $665,300 2020 $387,700 $524,500 2019 $420,600 $560,000 2018 $411,500 $572,100 2017 $375,500 $499,700 2016 $371,400 $468,000 2015 $390,600 $468,700 2014 $394,300 $465,500 2013 $358,500 $405,500 2012 $346,000 $436,400 'Rounded to nearest$100. The yellow areas on the graphic show where the highest number of new houses were built in 2022: UP Now Nome OWN Is.I+» .ilor City N WNWe Owe N 2022 f , 0:3‹ s ; . i. p o++wr irwrr.I's --11WA- cowl) lb° March 7, 2023 11 CITY COUNCIL'S BRIEFINGS REAL ESTATE ASSESSOR'S ANNUAL REPORT ITEM#73867 (Continued) New Home Construction by Value Range Residential Value Range Percentage of New Homes Under$250,000 0.4% $250,000 to$349,999 20.9% $350,000 to$499,999 11 7% $500,000 to$749,999 28.4% $750,000 or Greater 38.6% 21.3%below$350,000 78.7%above$350,000 `As of January 1,2023. Change in Land (Re-zonings and Subdivision of Property) 2022 S36,206,800 slop 2021 S45,264,400 S160 2020 S57,961,900 b $140 2019 S71,184,000 = $120 - 2018 S69,179,700 c $100 m S60 • 2017 S58,273,200 > 2016 S94,347,600 $6o / $36 sse 2015 S123,760,500 a" $40 2014 S164,311,600 $20 SO 2013 S171,428,467 —T 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2012 S153,400,379 Calendar Year `,,,rl,estimates projected based upon six months of actual data. x March 7, 2023 12 CITY COUNCIL'S BRIEFINGS REAL ESTATE ASSESSOR'S ANNUAL REPORT ITEM#73867 (Continued) The Tax Increment Financing(TIF) &Special Service Districts(SSD) increased: Tax Increment Financing& Special Service Districts Sandbridge District SSD Base Year FY 1998 $206.1 Million Preliminary FY 2024 S1.7 Billion Central Business District South TIF* Base Year FY 1999 $151.8 Million Preliminary FY 2024 $1.17 Billion Central Business District SSD First Year FY 2003 $18.5 Million Preliminary FY 2024 $535.9 Million FY 2024 as of January 2023 *CBD South TIF includes the SSD. Here are the eight(8)SSDs: Neighborhood Dredging Special Service Districts District SSD District FY 2024 Preliminary 81 Old Donation Creek $46.1 Million 91 Bayville Creek $17.0 Million 51 Shadow Lawn $23.6 Million 83 Chesopeian Colony $80.7 Million 52 Harbour Point $26.6 Million 84 Gills Cove $25.7 Million 85 Hurds Cove $57.3 Million 82 Schilling Point $11.1 Million FY 2024 as of January 2023 March 7, 2023 13 CITY COUNCIL'S BRIEFINGS REAL ESTATE ASSESSOR'S ANNUAL REPORT ITEM#73867 (Continued) The City has twelve(12)properties on the Virginia Landmarks Register that receive Partial Real Estate Tax Reduction: Virginia Landmarks Register Partial Real Estate Tax Reduction FY 2023 Tax Reduction = $81,766 Briarwood Miller-Masury House/Greystone Manor Cavalier Hotel Pembroke Manor Green Hill House Shirley Hall Hermitage House Thomas Murray House Jefferson Manor Motel/Apts. Weblin House Keeling House Woodhouse House *Based upon$0.52 tax rate on historical buildings. Virginia Beach Historic Rehabilitation FY 2023 Tax Reduction = $33,958 Address Credit in Effect 4300 Calverton Lane 7/1/2014-6/30/2029 501 Virginia Beach Blvd 7/1/2016-6/30/2031 525 Kempsville Road (Apartments-Old Kempsville High School) 7/1/2017-6/30/2032 VIBE District Rehabilitation FY 2022 Tax Reduction = $13,019 Address Credit in Effect 510 18"'Street,Unit B 7/1/2020-6/30/2030 505 18"'Street 7/1/2020-6/30/2030 311 Virginia Beach Blvd 7/1/2021-6/30/2031 315 Virginia Beach Blvd 7/1/2021-6/30/2031 325 Virginia Beach Blvd 7/1/2022-6/30/2032 APZ Conformi$ : Use Rehabilitation Credit FY 2022 Tax Reduction = $1,951 Address Credit in Effect 1765 Virginia Beach Blvd 7/1/2021-6/30/2036 March 7, 2023 14 CITY COUNCIL'S BRIEFINGS REAL ESTATE ASSESSOR'S ANNUAL REPORT ITEM#73867 (Continued) Here is a comparison of Energy Efficient Buildings Partial Real Estate Tax Reductions between FY 2022 and FY 2023: Energy Efficient Buildings Partial Real Estate Tax Reduction Property Program Tax Program Tax Percent of Type Recipients Reduction Recipients Reduction Change FY 2022 FY 2023 Residential 191 $214,664 320 $283,089 31.87% Commercial 25 $386,485 37 $815,888 111.11% Total 216 $601,149 357 $1,098,977 82.8% 'Based upon$0.84 tax rate for qualified buildings. "No expiration date for recipients and tax credit is transferable. The next two (2)slides provide details on Land Use Taxation: Land Use Taxation FY 2023 Number of Parcels Under Program 898 Number of Acres Under Program 32,936 Number of Acres of Land in the City 158,720 Percentage of City's Acreage Under Land Use 21% Number of Acres Agriculture 18,307 Forest 9,197 Open Space 1,859 Swamp 2,287 Marsh 1,287 Total 32,936 Deferred Value $281,420,800 Deferred Tax $2,786,066 25 March 7, 2023 EZOZ `L 1/dJVJ'T 'anuanagJo.lauo,ssiwwodagp,fq pala2s�u�wpd„ t►£8'£66'SIS ZZI't Teio,L 09Z`9$ Z (vaoi)pv AjnU 3o aurl SL6'SS$ ti s,dl?I3o sasnods 66S'188'SI$ 901't SUElapA pajgesla UOganpa21 Xe,I, SiUaldpall UleJ'NO.Id /CnQ JO aul ay-4 u1 pallr}I slap!AoJd a3inias ibuaRiaw3;o sasnods'8 uo!p ' u!pa[IDI saaiod pawiy alp Jo s.ragways,'Jo sasnods'sul aaaaA palgBS!Q%00I 6I0166'I IS 6663+ ue!i3npaf xtr_I siva!di3a}Jo aagwn suosaad paigesja'g SUGZAIj 1o1uas EZOZ aeai leash azaaa d/[»ajaa/uopdtiaaxa xq alelsa pall t1Z'8SE $ ZEI OS917£ £i0Z 1I Z'89Z $ SII £SI'tE fIOZ 0£0'St I $ It•Z 'SE`EE SiOZ ZS£`00I $ LL ZZ6'ZE 910Z t'86'iIZ $ 9L I90'EE LIOZ ES£'£0i $ Ot Z8£`EE 810Z t'Z8'6S $ It E00`EE 610Z OI8'£Z $ 8£ i8£'E£ 0Z0Z LZ8'IS $ St 9t0'EE 1ZOZ ZZL't£17 $ £ZI 668'Z£ ZZOZ -- -- 9£61£ EZOZ )lae8 palloa Wea3oad as iea,I saxey lJeS I1o21 aSeand pue•I aapun aieaaab leash weal [[obi asn purl (panupuo3) L98£L#Nall .LdOdf 7VJINATV&MOSSTSSV L.LVLSS 7V SJAtI.��l?IS S,7I3N JO3 AID SI 16 CITY COUNCIL'S BRIEFINGS REAL ESTATE ASSESSOR'S ANNUAL REPORT ITEM#73867 (Continued) THANK YOU st . VB Real Estate Assessor Questions? Mayor Dyer expressed his appreciation to Ms. Cunningham for the presentation. March 7, 2023 17 CITY MANAGER'S BRIEFINGS SHERIFF REQUEST FOR BODY WORN CAMERAS ITEM#73868 1:28 P.M. Mayor Dyer welcomed Kevin Fairley, Information Services Administrator—Information Technology. Mr. Fairley expressed his appreciation to City Council for their continued support: Virginia Beach Sheriff's Office Body Worn Camera Request March 7th,2023 Peter Wallace&Kevin Fairley VB CITY OF VIRGINIA BEACH Information -sewTechnology Here is the Agenda: Agenda • Overview of VBSO BWC Request • Overview of Axon BWC Tiers/Options and Costs • Officer Safety Program 7+ Premium • Unlimited 7+ Premium • Unlimited 7+ • Direction from City Council • Does City Council want to provide the VBSO with BWCs for Deputies? • Provide to all sworn deputies or only those who support City Events&Civil Processing • Being implementation in FY23 or as part of the FY24 budget process • Recommended Funding Source March 7, 2023 18 CITY MANAGER'S BRIEFINGS SHERIFF REQUEST FOR BODY WORN CAMERAS ITEM#73868 (Continued) The next two (2)slides provide an overview of the VBSO Body Worn Camera request: VBSO Body Worn Camera • Sheriff has requested that the City provide the funding necessary to issue body worn cameras(BWC)to all sworn staff members who ,.' provide Law Enforcement services in support of the PD;the execution of Court Civil Process as well as to provide enhanced 11 security at the Correctional Center and the Court buildings • The goal is to improve and heighten the safety and security of city _ personnel and resources -- • VBSO needs a way to capture and store video of activities that occur during interactions with the public and while being a force ' multiplier to the Virginia Beach Police Department(VBPD)at the _ .S oceanfront and during large scale public events VBSO Body Worn Camera • Initial fund request submitted in the FY24 CIP process which if approved would not provide any funding until July 2023 • Sheriff is requesting to add cameras as soon as possible: i • Sheriff has 441 sworn law enforcement personnel " D • 1100 inmates • 9000 admits/releases a year • 94,000 civil processes a year '` • Supports VBPD at the oceanfront February-October40600211 • Supports large scale events as a force multiplier for VBPD - • VBPD implemented Axon body worn cameras in 2021 with a ten- yearbeleveraged by VBSO contract and have existing processes and policies that will March 7, 2023 19 CITY MANAGER'S BRIEFINGS SHERIFF REQUEST FOR BODY WORN CAMERAS ITEM#73868 (Continued) The next several slides provide details on the different Axon package options: Officer Safety Program 7+ Premium Aligns with VBPD selected service and equipment(10-year contract) • VBSO has tested under this model and the environment is already configured and scalable • Includes: • Software licensing • Body Worn Cameras • Tasers • 30-month replacement cycle • Automatic audio transcription • Unlimited recording/storage4111 • Unlimited 3rd Party Storage • Records Management System Standards • Performance • VR Training&training courses 1 .1.11.11.1111111111111111111111 Unlimited 7+ Premium • Removes Tasers and associated Taser training from the service model • Includes: • Software licensing • Body Worn Cameras • 30-month replacement cycle • Automatic audio transcription • Unlimited recording/storage• Unlimited 3rd Party Storage • Records Management System • Standards • Performance • VR Training&training courses ant March 7, 2023 20 CITY MANAGER'S BRIEFINGS SHERIFF REQUEST FOR BODY WORN CAMERAS ITEM#73868 (Continued) Unlimited 7+ • Removes Taser,Taser Training,Virtual Reality Training,Automated Audio Transcription and Unlimited 3rd Party Video Storage • Includes: • Software licensing • Body Worn Cameras --- o • 30-month replacement cycle • Unlimited recording/storage • • Records Management System • Standards • Performance 1111.111111 'f•* The Preferred Option is the Officer Safety Program 7+ Tasers(OSP7+) with Phased Implementation: Preferred Option: OSP7+ with Phased Implementation All-in Option Procures 220 Cameras immediately(FY23) cr zouzs FY 2023-24 FY 2024 25 Annual Recurring Adds remaining cameras in FY24(280) FY26 4r33 Camera/Service/1 $640,123 $1,142,606 Replaces existing Standards System in FY24,Records ken" _ Implementation $30,003 $450,000 Management System in FY25,and Performance Management in FY25 Annual Recurrint $1,751,003 $1,751,003 Replaces HW every 30 months(lifecycle management) Totals $640,123 $1,172,606 $2,201,003 $1,751,003 Ve March 7, 2023 21 CITY MANAGER'S BRIEFINGS SHERIFF REQUEST FOR BODY WORN CAMERAS ITEM#73868 (Continued) Option 2: Mid Tier Unlimited 7+ Premium Removes tasers and associated training Procures 220 Cameras immediately(FY23) FY 1011 zs 20 a-zti Annual Adds remaining cameras in FY24(280) asaisemagiumat., camera/Service/ $579.572 $949.296 Replaces existing Standards System in FY24,Records ` Management System in FY25,and Performance hflpi 1PO`a:ion $30.000 $aso,000 Management in FY25 Annual Recurring 51,497,142 51,497,142 (— Replaces HW every 30 months(lifecycle management) [Tams S579,572 $979,296 $1,947,142 $1,497,142 Va Option 3: BWC Only Unlimited 7+ Removes Taxers,Auto Transcription,3rd party storage, Community Engagement FY 2022-23 172023-24 17 202425 Arrwal Reaming Procures 220 Cameras immediately(FY23) rY26-FY33 camera/Service/ 5446,820 S706,854 Adds remaining cameras in FY24(280) license Replaces existing Standards System in FY24,Records Implementation $30,000 5450,000 Management System in FY25,and Performance Annual Recurring $1,126,142 $1,126,898 Management in FY25 Totals 5446,820 $736,854 $1,576,142 $1.126,898 Replaces HW every 30 months(lifecycle management) VB March 7, 2023 22 CITY MANAGER'S BRIEFINGS SHERIFF REQUEST FOR BODY WORN CAMERAS ITEM#73868 (Continued) Direction Needed from City Council • Does City Council want to provide the VBSO with BWCs for Deputies? • If yes,do you prefer BWC for all Sworn Deputies or for those who support City events and civil processing(e.g., warrants,evictions,summons,etc.)? • All Deputies-$1,751,003 est annual cost for VBSO preferred package • VBSO prefers all deputies receive BWC • City Events and Civil Processing-$640,123 est annual cost for VBSO preferred package • If yes,do you prefer beginning implementation in the current year or would you like to include it as part of the FY24 budget process? • Recommended source for mid-year adjustment of this size is fund balance of the General Fund. • If desired by City Council,legislation to fund and authorize VBSO BWCs can be placed on March 21st Council Agenda Questions/Discussion Mayor Dyer expressed his appreciation to Mr. Fairley for the presentation. March 7, 2023 23 CITY MANAGER'S BRIEFINGS COMMUNICATIONS—REQUEST FOR ENHANCED ENGAGEMENT ITEM#73869 1:57 P.M. Mayor Dyer welcomed Tiffany Russell, Director — Communications. Ms. Russell expressed her appreciation to City Council for their continued support: ' • r> r` • OPPORTUNITIES FOR ENHANCED DISTRICT-SPECIFIC COMMUNICATIONS COMMUNICATIONS DEPARTMENT MAR 7,2023 VIRGINIA BEACH Overview ft.nchmarks:Virginia Mach,VA vs.Regional i National Averages Goal: Customer Service&Community Engagement Build upon communication benchmarks ,,,,` from 2022 resident satisfaction survey 40 '6' Review current Communications Dept. ss.o. u,.1,,Yr, ♦SS% structure 4s" �d *b ow ,�,,x�„and u.e. Discuss opportunities for citywide ,,,,,,, 2, .,.5% communications+enhanced district- 411.2% specific communications IO.c,n.,.0 d utr tom,Nan web v,.M+. sea% ar% 11.1.9%, Explore levels/types of community °°°°""""a .„s,,,, engagement for shared language and 34 1 resource needs aw-. ...cn.v*.•clams, .rwctw.wc 7 a March 7, 2023 24 CITY MANAGER'S BRIEFINGS COMMUNICATIONS—REQUEST FOR ENHANCED ENGAGEMENT ITEM#73869 (Continued) Here are the Resident Satisfaction Survey Highlights: RESIDENT SATISFACTION SURVEY ,, HIGHLIGHTS il, j.' Based on the resident's top three choices,the top ,, ". ..4. four communication and community engagement services that are most important to them for the City to emphasize over the next two years,are: ‘44. • Effectiveness of City communication with the public �' (43.1%) a • Opportunities for resident participation in City '�` policy development and decision making(42.6%) ' • Availability of information about local government . . . . `. services and activities(35.9%) Al-.-• . ',.-. J;lk-' 41 - • Residents'knowledge on how to engage and -{ *. '-- .. . provide input to elected officials(32.6%) 1 Organ¢ational alTasks CURRENT COMMUNICATIONS DEPT. STRUCTURE Support Services (CY 2022) • Video 244 The Communications Department is a full-service agency providing strategic and tactical communication solutions Employee 277 ✓Supports citywide and department-level initiatives,VB Schools and Consolidated Communication Benefits Graphic 233 24 FTEs:Public Affairs,Creative Services,Engineering,Member Communications, Community Engagement Design Photography 152 Develops communication strategies&campaigns(examples:Ripple Effect,VB10 Engineering 132 redistricting,60.anniversary,website migration,recruitment campaigns) Coordinates,crafts,and distributes City messages during crisis and weather events Content 152 Promotes community awareness of and engagement in municipal government Development City special events support and promotion(ribbon cutting,openings,July 4,etc.) Speeches 78 Speechwriting Community 49 Produces videos and streams live meetings(Council,School Board,Planning,VBDA) Engagement (Aug-Dec) Maintains content on the City website and social media sites Social Posts 2,888 Manages media inquiries plus daily media coverage reports (FB,TW,IG,LI,ND) Writes articles,newsletters,editorials,news releases,reports,and presentations Media 106 Designs logos,brochures,infographics,and other creative collateral;brand management Inquiries Manages employee(Member)communications Press Release 314 Coordinate public input and community eng agement Distribution a T March 7, 2023 25 CITY MANAGER'S BRIEFINGS COMMUNICATIONS—REQUEST FOR ENHANCED ENGAGEMENT ITEM#73869 (Continued) Here are the District-Specific Communication Opportunities for Future: DISTRICT-SPECIFIC COMMUNICATION OPPORTUNITIES FOR FUTURE • Dedicated District Web Page or Microsite • District Specific e-Newsletters l ?�' • Regularly published content/articles for your district-blog 4., • Video storytelling specific to district activities,covering P'smooth — community events 7 • Resident surveys specific to districts igarnet" • h • Social media site for District ., r� Chesapeake • Livestream/record District Community Meetings(currently by request,Council Policy) • Coordinating Council invites for community events/openings pwt.2 \ in a specific district--current process is with Clerk and Mayor's Office • Community Calendar by District • Agenda items by District shared with your subscribers in advance of the meeting with opportunity to rovide input on those items digitally(and in-person on Tuesdays) c�rra� s • The next couple slides provide an overview of Public Engagement Levels Shared Vocabulary: - ———— --- - Leval of Public Impact-— Public r 4, (to Engagement inform Consult trwava Collaborate Empower [eye I s. 'Henri wharf 'Here we wee 'Neref a let t work You core happening' options what do probda.what together to solve about this Issue Shared tom '►►' Ws hove,o this prublrm and are lead Mg ' re u haw!" an Initiative 7 how r•n we Vocabulary support you' •Wattle •Meeling •(lurrettr •Community •tatk force •Fact Meet •Open Muse •Workshop Aavnory .Wferend um •Ma&u1 •Sarv►Y •Dlalugur (pmmlttrM Dt•Irgalr aryta •(omens.. Decision to Budding community •Co Design Dien H Adopted horn the IAP)spectrum of public perticipatinr. March 7, 2023 26 CITY MANAGER'S BRIEFINGS COMMUNICATIONS—REQUEST FOR ENHANCED ENGAGEMENT ITEM#73869 (Continued) Here are a few examples of Public Engagement Levels and supporting Resources: 1 Investment I Engagement In House vs.Outsourced Resources Recent Engagements Level Type District Level Consult In-House SpeakUpVB.com survey targeting District 9 survey requesting district residents;no paid media; community meeting topics NextDoor/social media or email list Consult In-House Staff SpeakUpVB.com survey with paper Electric Vehicle(EV)Charging Level S dtywide option;no paid media Stations Lewd 2citywide Involve In House Staff+In-House SpeakUpVB.com online surveys+3 Noise Ordinance Facilitator community meetings(in-person) Level 3 citywide Empower Appointed or other 'White paper'recommendations, Citizen's Review of Boards& committee presentation to Council Commissions Level 4 citywide Consult Outsourced Paid Facilitator Specific Stakeholder Group Meetings; Rudee Loop 1-5 Community Meetings;No Paid Media or Livestreaming/Recording; SpeakUpVB.com survey Level 5 citywide Consult/ Outsourced Paid Facilitator Paid Media Campaign for Election System Involve Reach/Frequency Statistically Viable Survey+ SpeakUpVB.com survey 10+community meetings w/live streaming Examples of District Level Event Support District Meeting Package Venue(Free or more than$50,Audio/Visual Capabilities,Capacity,Seating,location,etc.) Event Promotion(Flier,Social Posts,etc.) Agenda Facilitated Discussion Topics Materials(Trained facilitator,Paid facilitator,Flip Charts,Post-its,Markers, ++s: Table Tents,Name Tags,etc. Slide Deck Staff(Presenters,Facilitators,Subject Matter Experts,Security,etc.) Streaming Capabilities or Video Recording'--requires Council vote ICYMI Blog Article Recap Community Walk Package Starting Point(Physical meeting and ending location) Map of the Walk Staff Needed(with an idea of issues prior to walk—example Code Enforcement,Police,Traffic Engineering,etc.) - - Event Promotion(Flier,Social Posts,etc.) a March 7, 2023 27 CITY MANAGER'S BRIEFINGS COMMUNICATIONS—REQUEST FOR ENHANCED ENGAGEMENT ITEM#73869 (Continued) DISCUSSION Can citywide communications+district-specific communications help improve our effectiveness,engagement levels and overall resident satisfaction? If so,how would you like to see the City delivering citywide communications+ district-specific communications and event support? Would you like City staff to explore resource needs to offer these enhanced services? 9 Mayor Dyer expressed his appreciation to Ms. Russell for the presentation. March 7, 2023 28 CITY MANAGER'S BRIEFINGS FREEBEE RIDE SHARE PROGRAM ITEM#73870 2:29 P.M. Mayor Dyer welcomed Kathy Warren,Deputy Director—Economic Development. Mrs. Warren expressed her appreciation to City Council for their continued support: -. fic V - -I - — : 1711 , - - . I, .144- FREEBEE RESORT MICROTRANSIT PILOT PROG RAM Kathy Warren,Deputy Director,Economic Development March 7,2023 VIRGINIA �� BEACH Here is an overview of the Freebee Pilot Program: What is Freebee? 1111 •Pilot Project supported in the Resort Area Mobility Plan(RAMP) •Offers on-demand,door-to-door transportation •Launched June 15th,2022 e elle •Geofenced within the Resort Area I Sst -e,4`A eE"`" ►4-4� --, •5 Testa XVehicles '_- "I.. •Operates 11am-11 pm,7 days per week year round •Funded through the Parking Enterprise Fund (PEF)$550,000 `I RESORT Mi W1..i RRO6RAM I 1 Ya March 7, 2023 29 CITY MANAGER'S BRIEFINGS FREEBEE RIDE SHARE PROGRAM ITEM#73870 (Continued) Here are the Goals of the Freebee Pilot Program: Goals of the Freebee Pilot Program • Part of the City's RAMP which calls for enhanced shared mobility services in the resort area • Provide alternative public transportation options for residents and visitors to conveniently access everything the resort area has to offer • Reduce traffic congestion and help free up limited parking availability • Feeder system to/from mass transit—transfer center is located at Convention Center • Designed to help businesses by delivering customers to their front door • Reduce carbon emissions by operating only 100%electric vehicles RESORT MICRROTRANS/°ROGRAM I 1 MB Here is the Ridership between June and December 2022: hr. Ridership June — Dec 2022 Highest ndership throughout all of Freebee's 20+seance areas 34.357 -Surpassed 10.000 passengers in first full month of service 30.187 27,827 4.. •PEAK SEASON WAIT TIMES: .. -19 Minutes=Average Waiting Time -26%of ndes picked up under 10minutes •"' 1 ws aas , 1110, -61%of ndes picked up under 20 minutes °32,79 we""' °"";x°" -39%of ndes took over 20 minutes for pickup I,ee,,,,„ir,„WOES b,IMAM I`,0, •PEAK TIMES: -Monday to Thursday 2pm-8pm J : : ■� ■ Friday to Sunday 2pm-11pm `, [•,ORIN�CROTRANST PROGRAM 2 YB March 7, 2023 30 CITY MANAGER'S BRIEFINGS FREEBEE RIDE SHARE PROGRAM ITEM#73870 (Continued) LWho Rides Freebee? e EQUITABILITY: 0 -Everyone within the Resort boundary can noe F reeee • -Residents -Visitors -Workers RIDER DEMOGRAPHICS: 16.� 4 -52io Male vs.48%Female • -21 to 34 largest Age Demographic(47%) /% -35 to 50 Second LargestAge Demographic(27%) f LOCAL VS NON-LOCAL: r• • -48%Local Riders .` • -52%Non-Local Riders • The next two (2)slides provide details on the Atlantic Avenue Trolley(Route 30): IAtlantic Avenue Trolley ( Route 30) •Operates May 15 — September 30 •FY23 Costs: $1.3M •City Share $511,700 (TIP Fund) •Farebox $127,200 •Fed and State Aid $687,300 March 7, 2023 31 CITY MANAGER'S BRIEFINGS FREEBEE RIDE SHARE PROGRAM ITEM#73870 (Continued) Atlantic Avenue TrolleyRidership p 350,000 • 300.000 1 Pill -... 250000 7g1I 21%1fl 2009 7010 7011 2011 2013 701< 2015 7016 Nll1 TO18 7019 2070 7021 7077 Here are the Key Performance Indicators: Key Performance Indicators HRT Trolley—The Wave Freebee • Cost per Rider=$10 (2022) • Cost per Rider= $5.37 • 124,650 Riders in 2022 • Cost per Trip= $9.04 • Declining Ridership • Avg Wait Time= 17 minutes • Operates May 15th— • Total Riders= 57,200 (June to September 30 December 2022) • Avg Trip Length =2.2 miles (pick up and drop off) • Operates year-round March 7, 2023 32 CITY MANAGER'S BRIEFINGS FREEBEE RIDE SHARE PROGRAM ITEM#73870 (Continued) Here are a few of the Benefits of Microtransit: Benefits of Microtransit • Flexible • Scalable • No Capital Investment by City • Low Operating Costs • High Customer Satisfaction • Provides Greater Access than Fixed Route Service • Equitable Access for All Riders • Promotes Commerce • Eliminates Vehicle Emissions For Consideration in FY2024 • End pilot program • Keep program in pilot status for another year and fund through the Parking Enterprise Fund ($550,000) • Increase Freebee fleet from 5 to 10 vehicles and fund through the Tourism Investment Program (TIP) $1.2M • Consider advertisements on vehicles to reduce costs which will provide approximately 10% of budget • Reduce service hours and costs for trolley tervice and allocate that savings to Freebee Mayor Dyer expressed his appreciation to Mrs. Warren for the presentation. March 7, 2023 33 CITY COUNCIL LIAISON REPORTS ITEM#73871 3:01 P.M. Council Member Henley advised she is the Council Liaison to both the Open Space Advisory Committee (OSAC) and Green Ribbon Committee (GRC) and there will be a joint meeting later this month where the Committees will discuss the Open Space Program and determine purchasing criteria for open space. March 7, 2023 34 CITY COUNCIL LIAISON REPORTS ITEM#73872 (Continued) Council Member Henley advised the 2023 North Landing River/Albemarle Sound Estuarine Symposium on March 31st from 9:00 A.M. -4:00 P.M, at the Convention Center. Council Member Henley encouraged members of the Body attend to receive important additional data since the first Symposium was held in 2018. Council Member Henley explained that 67%of the City's water drains to the Albemarle Watershed and the importance of understanding the research that has been conducted. March 7, 2023 35 CITY COUNCIL LIAISON REPORTS ITEM#73873 (Continued) Council Member Ross-Hammond advised she is the Council Liaison to the Something in the Water(SITW) Festival and provided the following updates. - Public Safety is has developed a unified event action plan coordinated with outside partners to provide emergency response at the Festival and across the Oceanfront - Transportation will be available for attendees from the Amphitheater to the Oceanfront. - Communications will post the latest information in the Festival footprint - Economic Development will host an event on April 14th,from 4:30— 7:00 P.M, at Mt. Trashmore, to provide local vendors and non-profit organizations information on how they can be involved in the Festival Council Member Ross-Hammond advised she is still waiting to hear who the headliners for the Festival will be. March 7, 2023 36 CITY COUNCIL LIAISON REPORTS ITEM#73874 (Continued) Council Member Ross-Hammond distributed copies of a flyer inviting the Body to attend the opening of 757 Events Virginia Beach on March 10th at 1:00 P.M, at 2014 Atlantic Avenue, attached hereto and made a part of the record. Council Member Ross-Hammond advised this is the only African American venue at the Oceanfront and encouraged the Body to attend. March 7, 2023 -7r-7 / `) / February 21, 2023 Dr.Amelia Ross- Hammond 2401 Courthouse Drive Virginia Beach Virginia 23456 Dear Dr. Amelia Ross-Hammond, Owners Bernie and Karen Stallings would like to invite you and members of the Virginia Beach City Council to attend a special ribbon cutting to mark the opening of the new 757 Events Virginia Beach Oceanfront Premiere. We would be honored to have you participate in this event by providing a few remarks of five-ten minutes duration. The ceremony will be held on March 10, beginning at 1P at 2014 Atlantic Ave. Virginia Beach Va. Due to continued growth of the events industry, we recently acquired the new event space to accommodate upscale events such as weddings, banquets etc. We are excited about our new location and proud to join and serve the Virginia Beach Oceanfront community. We look forward to hearing from you soon to confirm your participation and to coordinate the logistics of your visit. Please note that we have also invited Mayor Robert M. Dyer and Congressman Bobby Scott. Please RSVP to Delores Pruitt-Polite, Communication Director, by email, Polite987@aol.com or by phone 757.309.1242 by March 1, 2023 to confirm your availability. Best Regards, Karen Stallings 37 CITY COUNCIL LIAISON REPORTS ITEM#73875 (Continued) Council Member Berlucchi advised on March 9`h, 6:00 P.M, at Green Run High School, the Human Rights Commission (HRC) is hosting a community conversation concerning race, racism and bias and the effect on human rights and ways to move forward to appreciate all cultures. The event will be moderated by Kathy Lewis. March 7, 2023 38 CITY COUNCIL LIAISON REPORTS ITEM#73876 (Continued) Council Member Holcomb advised there are two (2) staff members who recently received awards that he would like to recognize. The first is Deputy City Attorney Rod Ingram is a 2023 inductee in the Virginia Law Foundation as a Fellow. Council Member Holcomb advised Fellows are recognized for their leadership in their practices, communities and the Commonwealth, adding there are only 600 Fellows and is a big accomplishment. The second is Aileen Smith, Director of Human Services, was awarded by Old Dominion University as a Darden College and Education Professional Studies Fellow. Council Member Holcomb congratulated both for their recognition and awards. March 7, 2023 39 CITY COUNCIL LIAISON REPORTS ITEM#73877 (Continued) Council Member Taylor advised on February 26, 1986, President Ronald Reagan signed Proclamation 5613 to officially recognized March as National Disabilities Month and wanted to bring this awareness to the public as there have been several groups come before the Body advocating for the disabled. Mayor Dyer recessed the Informal Session for a break from 3:12—3:23 P.M. March 7, 2023 40 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS HAMPTON ROADS CHAMBER OF COMMERCE TRIP TO CHARLESTON,SC ITEM#73878 3:23 P.M. Mayor Dyer opened the discussion and advised he will sponsor any member of the Body who would like to attend the trip to Charleston, South Carolina which is being hosted by the Hampton Roads Chamber of Commerce(HRCC). Vice Mayor Wilson advised the HRCC sponsors a trip every year but believes the Body would benefit by attending this trip as Charleston has similarities to the City and believes it will be beneficial for members of the Body to attend and look at how the city is growing businesses, expanding their airport and networking with other leaders in the region. Council Member Henley asked when is it and what is the cost to attend? City Manager Duhaney advised the registration fee for each Member is $3,200 and will be held May 10- 11`h Council Member Henley advised she will not attend. City Attorney Stiles advised the City Council Policy allows for Council Members to travel if the Body unanimously agrees but if any Member does not then a vote is required. Mayor Dyer advised this is the reason for the discussion today, if there is not consensus then the item can be formally brought forward for a vote. Mayor Dyer expressed this is a great opportunity and believes this trip would be money well spent especially for the new Council Members. Council Member Schulman expressed support for as many Council Members to attend as possible and believes it is a great opportunity. Council Member Schulman advised he is registered to attend and willing to pay from his personal funds but would appreciate if financial assistance was available. Council Member Berlucchi advised he attended last year and since the City did not provide him with funding, he was not considered as a City representative. Council Member Berlucchi advised while he was frustrated, he understood the HRCC was looking for Council Members to attend who were sponsored by the City and part of a visible partnership. Council Member Berlucchi advised despite the confusion, the experience was valuable and believes it would pay off in dividends for the new Council Members to attend. Mayor Dyer advised there is a learning curve when first being elected and believes this would be helpful for team building, with educational value,as well as an investment to the City as there will be other business leaders to network with and is hopeful the Body will come to a consensus. Council Member Remick advised he has also registered to attend and believes Charleston has a similar tertiary market,port, and Navy base as the City. Council Member Remick advised he has already used his personal funds to pay the registration fee but would appreciate any reimbursement. March 7, 2023 41 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS HAMPTON ROADS CHAMBER OF COMMERCE TRIP TO CHARLESTON,SC ITEM#73878 (Continued) Mayor Dyer advised going forward, anyone who is interested in attending should register with City Clerk Barnes and then an Ordinance will be drafted, to include the specific Council Members who will attend, for formal approval. March 7, 2023 42 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS CITY COUNCIL AIDES ITEM#73879 Mayor Dyer advised the dynamics of the Body has changed with the new District system and community engagement is at the forefront now. Mayor Dyer advised it is important to have a discussion on the details and expenses that will be incurred by having City Council Aides. Mayor Dyer advised Council Members can decide if they would like to have an Aide or not, and since this is new, the Body can review how well it is working in a year. Mayor Dyer referred to questions provided by City Clerk Barnes regarding standards and resources for the Aides. Council Member Henley expressed concern for having Legislative Aides and believes the questions asked should have been answered prior to approval and is disappointed that the Ordinance, "To Provide Direction to the City Manager Regarding Individual Assistants for City Councilmembers" was deferred indefinitely and never considered. Council Member Henley advised her concern is not based on if she decides to have an Aide and is about how this process has moved forward. Mayor Dyer advised the Body does establish policies and procedures which will assist the Body in being efficient while still being accountable to the public. Mayor Dyer advised the necessary allocations for the Legislative Aides will be voted on during the budget. Council Member Berlucchi advised the funding from vacancy savings was approved for allocation on July 1,2022,during the budget approval. Council Member Berlucchi advised the recent presentation referenced the public's desire to have more distinct district engagement with City Council and the Aides would be able to assist in responding to constituent concerns, conduct research on policy matters and assist Council Members in connecting with the District they serve. Council Member Berlucchi emphasized that Council Members do not have to have an Aide and should not claim this process has been improper as he believes the process in having Aides has been very transparent. Council Member Berlucchi advised he is unsure if he will have an Aide or not but that should not preclude other Council Members from having one. Council Member Henley advised the line item in the Reconciliation Letter was for "assistance"which she supported however if it would have been spelled as "assistants", she would not have supported. Council Member Henley advised after the budget was approved, City Manager Duhaney sent a letter on May 27, 2022, requesting City Council input on what resources the Aides would be given. Council Member Henley advised it was at that time when she and then Council Member Moss sponsored the Ordinance to provide direction to the City Manager which was ultimately deferred indefinitely. Council Member Henley advised her understanding of the City Manager's letter was for him to hire an additional staff member to provide City Council additional "assistance"and clerical support not for a temporary agency to hire individual assistants. Mayor Dyer advised he has received feedbackfrom several Council Members over the past couple of years who have expressed a desire to have an Aide and at this point the Body needs to establish policy. March 7, 2023 43 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS CITY COUNCIL AIDES ITEM#73879 (Continued) Mayor Dyer led the discussion and received a consensus from a majority of the Body in answering the following questions requested by City Clerk Barnes: - Will each Council Member sign the Legislative Aide's time sheet? o Yes - Will each Legislative Aide be limited to working no more than 20 hours per week? o Yes, with the exception of the Mayor's Aide who will work 40 hours per week - Will each Legislative Aide receive a phone and computer? o Yes, using the most cost efficient devices - Where will Legislative Aides have badge access to? o Access will be given to the City Council spaces and Conference Room #2034 - Will Legislative Aides attend Closed Sessions? o No Mayor Dyer expressed his appreciation for the discussion, adding, the Body is still in transition, and it is important to look at ways current processes can be improved. March 7, 2023 M V N ,S• "o v N 4 v Zi o v o wizt W °' ti o O CICI W L C ^ w V CZ, 1.4 V Z, `tio V z o ti N w ti 1. �' 'Z3 O C bq t a c 45 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#73881 (Continued) Mayor Dyer advised the American Cancer Society requested an initiative, "Mayor's Against Cancer"for all of the Regional Mayors to take part in making public safety announcements to bring awareness to the high rate of minorities diagnosed with prostate, rectal and breast cancer across the Region. Mayor Dyer advised the initiative will begin after the State of the City event at which time, more information will be provided. March 7, 2023 46 AGENDA REVIEW SESSION ITEM#73882 3:50P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: K. ORDINANCES/RESOLUTION 1. Ordinance to APPROPRIATE$75,000 from the Tourism Investment Program(TIP)Fund Balance to the FY 2022-23 Non-Departmental Operating Budget re grant to the Virginia Museum of Contemporary for the Art Boardwalk Art Show(Requested by Mayor Dyer and Council Members Berlucchi and Remick) 2. Ordinance to APPROPRIATE$35,000 from the Tourism Investment Program(TIP)Fund Balance to the FY 2022-23 Non-Departmental Operating Budget re grant to the Coast Defense Study Group, Inc.,for relocation of U.S.S. Iowa Battleship Barrel to Cape Henry/JEB Fort Story (Requested by Vice Mayor Wilson and Council Members Remick and Taylor) 3. Ordinance to DECLARE 2,529 square feet of City property at 2640 Highland Meadows Way to be in EXCESS of the City's needs and AUTHORIZE the City Manager to exchange same to James and Wanda Cooper 4. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease for City-Owned property for up to five(5)years at Virginia Beach Farmers Market,Building 3,Space 14, re Gilly's Creamery, L.L.C. 5. Resolution to APPROVE the School Board's entry into an Interim Agreement re the design work at Princess Anne High School, B.F. Williams/Bayside 6r", and Bayside High School Deferred from September 6, 2022, October 18, 2022 and February 21, 2023: Version 1 (Requested by the Virginia Beach School Board) Version 2 (Requested by Vice Mayor Wilson) 6. Ordinance to ACCEPT a donation and installation of playground equipment with value of $60,337.94 from the Pembroke Meadows Civic League re Pembroke Meadows Lake Park 7. Ordinance to TRANSFER$300,000 of General Fund Vacancy Savings to the FY2022-23 Planning Department Operating Budget re work associated with the update of the Comprehensive Plan K. ORDINANCES/RESOLUTIONS: COUNCIL MEMBER HENLEY WILL VOTE NAY ON ITEMS#1 AND#2 ITEM#5 WILL BE CONSIDERED SEPARA TEL Y March 7, 2023 47 AGENDA REVIEW SESSION ITEM#73882 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: L. PLANNING 1. TONY SAADY& LINA A. SAADY/TONY J& LINA AZAR-SAADY, TRUSTEES OF TONY & LINA SAADY REVOCABLE LIVING TRUST& 5020 ATLAS GROUP,LLC fora Variance (Section 4.1(m)of the Subdivision Regulations)re subdivide two (2)lots at 5020 Lord Felton Lane & parcel directly west of 5020 Lord Felton Lane DISTRICT 9 (formerly District 4 - Bayside) Deferred from February 7, 2023 2. RUDOLF DEVELOPMENT GENERAL BOOTH, LLC& ATLOW GROUP, INC/RUDOLF DEVELOPMENT GENERAL BOOTH, LLC (PROPERTY OWNER) for a Modification of Proffers to a Conditional Change of Zoning and Conditional Use Permit re indoor recreational facility at property directly east of 1700 General Booth Boulevard & north of Edison Road DISTRICT 5(formerly District 7-Princess Anne)Approved June 10, 2003 3. 1900 VIRGINIA BEACH BLVD.,LP for a Conditional Change of Zoning from A-12 Apartment District to Conditional B-2 Community Business District and Conditional Use Permit re bulk storage yard at 1900, 1902, 1904, 1906, and 1912 Virginia Beach Boulevard; 303, 305, 307, 309, 311, 313 and 315 Maxey Drive DISTRICT 6(formerly District 6-Beach) 4. SXCW PROPERTIES II, LLC/ VICTOR ALPHA ASSOCIATES, LLC for a Conditional Use Permits re car wash facility & automobile service station at 5480 Virginia Beach Boulevard DISTRICT 4(formerly District 2-Kempsville) 5. VB BTS II, LLC / VIRGINIA ELECTRIC AND POWER COMPANY d/b/a DOMINION ENERGY VIRGINIA for a Conditional Use Permit re communication tower at 568 North Lynnhaven Road DISTRICT 8(formerly District 5-Lynnhaven)Deferred from February 7, 2023 6. An Ordinance to AMEND City Zoning Ordinance (CZO) Section 2004 re dimensional and other requirements in the Historic Kempsville Area Overlay District (Sponsored by Council Member Berlucchi) L. PLANNING: COUNCIL MEMBER REMICK FILED A DISCLOSURE FOR ITEM#2 VICE MAYOR WILSON WILL ABSTAIN ON ITEM#5 March 7, 2023 48 ITEM#73883 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- 3711(A)(8). • National Opioid Litigation 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 March 7, 2023 49 ITEM#73883 (Continued) Upon motion by Council Member Holcomb, seconded by Council Member Remick, City Council voted to proceed into CLOSED SESSION at 4:12 P.M. Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,N.D. "Rocky" Holcomb, Robert W. "Worth"Remick,Dr.Amelia N. Ross-Hammond,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse Break 4:12 P.M. — 4:30 P.M. Closed Session 4:30 P.M. — 5:18 P.M. March 7, 2023 50 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL MARCH 7,2023 6:00 P.M. Mayor Dyer called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in City Council Chamber, City Hall, on Tuesday, March 7, 2023, at 6:00 P.M Council Members Present: Michael F.Berlucchi,Mayor Robert M.Dyer, Barbara M.Henley,N.D. "Rocky" Holcomb,Robert W. "Worth"Remick,Dr.Amelia N.Ross-Hammond,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse- Vacation INVOCATION: Reverend Ashley Urquidi All Saints Episcopal Church MOMENT OF SILENCE 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 34`h Street Suite 102, Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size of Howard Hanna, and the volume of transactions it handles in any given year,Howard Hanna has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If during her review of the agenda for any given meeting of the Council,she identifies a matter in which she has a `personal interest," as defined in the Act, she will file the appropriate disclosure letter to be recorded in the official records of the City Council. Vice Mayor Wilson regularly makes this disclosure. Her letter of February 20, 2018 is hereby made part of the record. March 7, 2023 51 Vice Mayor Rosemary Wilson also DISCLOSED she has a personal interest in Dixon Hughes Goodman and receives income from the firm as a result of her late husband's employment. The income is proceeds from the sale of his partnership interest,paid out over an extended period of time. She is not an employee of Dixon Hughes Goodman, does not have any role in management of the company and does is not privy to its client list. However, due to the size of Dixon Hughes Goodman and the volume of transactions it handles in any given year, Dixon Hughes Goodman may have an interest in matters of which she has no personal knowledge. In that regard, she is always concerned about the appearance of impropriety that might arise if she unknowingly participates in a matter before City Council in which Dixon Hughes Goodman has an interest.In order to ensure her compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act"), it is her practice to thoroughly review each City Council agenda to identify any matters in which she might have an actual or potential conflict. If, during her review of an agenda, she identifies a matter in which she has a `personal interest", as defined by the Act, she will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Vice Mayor Wilson's letter of June 2, 2015 is hereby made a part of the record. March 7, 2023 52 VII.F CERTIFICATION ITEM#73884 Upon motion by Council Member Ross-Hammond, seconded by Council Member Holcomb, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer, Barbara M.Henley, N. D. "Rocky" Holcomb, Robert W. "Worth"Remick, Dr.Amelia N. Ross-Hammond,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse March 7, 2023 GOA• $EAc• , oy �z4K -. , `?s OfOUR NoaeS 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#73883 on Page 49 and in accordance with the provisions of The Virginia Freedom of Information Act;and, WHEREAS:Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a)only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. A da Barnes, M C City Clerk March 7, 2023 53 ITEM— VII.G.1 MINUTES ITEM#73885 Upon motion by Council Member Schulman, seconded by Council Member Wooten, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of February 21, 2023 Voting: 8-0 Council Members Voting Aye: Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth"Remick,Dr.Amelia N. Ross-Hammond, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Abstaining: Michael F. Berlucchi N. D. "Rocky"Holcomb Council Members Absent: Jennifer Rouse March 7, 2023 54 ITEM— VII.H.1 MAYOR'S PRESENTATIONS ITEM#73886 RESOLUTION VIRGINIA WESLEYAN UNIVERSITY WOMEN'S SOCCER TEAM Council Member Ross-Hammond, on behalf of Mayor Dyer, welcomed Coach Jeffrey Bowers and players of the Virginia Wesleyan University (VWU) Women's Soccer Team and read the Resolution recognizing the University's Soccer Team for making it to the Final Four of the 2022 NCAA Division III National Tournament with a record of 18-3-4, ranking fourth in the nation. Coach Bowers expressed his appreciation to City Council for recognition and to the players for their hard work and commitment to the team. Coach Bowers further expressed pride on behalf of VWU, as it is the only college that can claim Virginia Beach as "home"for sixty(60)years. March 7, 2023 - ;'9rs°`OUR Nor00 ego RESOLUTION WHEREAS:This body hereby recognizes Virginia Wesleyan University Women's Soccer for making it to the Final Four of the NCAA Division III National Tournament for the second time in program history and congratulates these student athletes for this notable athletic achievement;and WHEREAS:The Virginia Wesleyan University Women's Soccer team finished their 2022 season with a record of 18-3-4, ranking fourth in the nation;and WHEREAS:The Virginia Wesleyan University Women's Soccer averaged more shots on goal,more shots per game,and more goals per game compared to their opponents;and WHEREAS:Defender, Sam Crawford earned the Old Dominion Athletic Conference Defensive Player of the Year,All- South Atlantic Region IV First-Team, Old Dominion Athletic Conference Player of the Year, Old Dominion Athletic Conference Tournament Most Outstanding Player, First-Team All-State honors, Second-Team All-Region honors and First-Team All-Conference honors;and WHEREAS: Goalkeeper,Rachel Quigley was named to the First Team All-Region, Old Dominion Athletic Conference All-Conference Team Player, Old Dominion Athletic Conference All-Tournament Team, she was selected as a Third- Team All-American Player by the United Soccer Coaches, and Quigley set a new record of.918 for the Best Save Percentage in school history;and WHEREAS: Forward, Shyenne Diaz earned the titles of All-South Atlantic Region VI Player Third-Team and Old Dominion Athletic Conference Rookie of the Year;and WHEREAS:Molly Gobble, Kaitlyn Duswalt,Alexis Miller, Kalyn Byrd, and Lexi Soteriou each earned Old Dominion Athletic Conference All-Conference awards;and WHEREAS:Lexi Soteriou and Alexis Miller earned spots on the NCAA All-Tournament Team;and WHEREAS:Head Coach Jeffrey Bowers earned his 300th career win during the regular season,making Coach Bowers the 19th winningest coach in the NCAA Division III history;and NOW THEREFORE, BE IT RESOLVED: The members of City Council, both individually and collectively hereby commend the Virginia Wesleyan University Women's Soccer team for their commitment and efforts on and off the pitch and congratulate each member of the team, Head Coach Jeffrey Bowers, and the entire Virginia Wesleyan community. Congratulations,and Go Marlins! Adopted by the City Council of the City of Virginia Beach the 7th day of March 2023 and present this Resolution duly signed by each Member of the Virginia Beach City Council. Council Member Michael F.Berlucchi Council Member Barbara M.Henley Council Mem MD. "Rocky"Holcomb Council Member Robert W. "Worth"Remick Council Member Amelia N.Ross-Hammond Co cil tuber Jennifer Rouse Council Member Joashua F. "Joash"Schulman Council Memb Chris Taylor uncil Member Sabrina D. Wooten Vice Mayor Rose Wilson Ma,or Robert M. "Bobby"Dyer w- 55 ITEM— VII.H.2 MAYOR'S PRESENTATIONS ITEM#73887 PROCLAMATION PUBLIC PROCUREMENT MONTH Mayor Dyer welcomed Lavera Tolentino, Purchasing Manager and read the Proclamation declaring March 2023, "PUBLIC PROCUREMENT MONTH". Mayor Dyer called call upon citizens and members within government agencies, public and private institutions, business, and in the City to recognize the achievements the Purchasing Department has made. Ms. Tolentino expressed her appreciation to City Council for this recognition and their continued support. March 7, 2023 '� r or . es'auRNA:044 ro rta oration the pubac purchasing profession plays a cntical role in the efficiency of both government and business;;andpurrhasing professionals make important contributions to assure the resourcefutuse of talgoayer dollars 6y providing efficient service while maintaining the highest standards;and %Nen= local state,andf-ederal purchasing professionals are responsible for maintaining and monitoring 6&Qions of doQars'worth of goods and services every year,directly influencing national and international economies:and Wismar itz the City of Virginia Beach Purchasing(Division plays a significant role in high caliber quality, efficiency,andeffictiveness,as welt as strategic,logistical and operational support to all departments of the City of'Virginia Beach;and in addition to the purchase of goods and services, the Purchasing(Division engages in or has direct responsihiity for functions that include executing contracts;developing procurement strategies;assisting the SWAY Business Office in achieving the 1 aspiration goats for minority,women and service disabled veteran owned businesses participation in City contracts;developing working relationships with departments in the organization;and s4cereaz the Purchasing Division of the City of Virginia Beach recognizes,supports,and practices the Public Procurement Values and Guiding Principles of Accountabifity,Ethics,Impartiality,Professionalism, Service,and-Transparency,established by.NIG(76e Institute for Pu6GcProcurement,as fundamental tenets of the public purchasing profession;and 444iertas the City of Virginia Beach Purchasing(Division has received numerous accreditation awards, achievement of escelfence awards from the National Institute of Governmental-Purchasing,the National Procurement Institute,and the'UniversalPubllcProcurement Certification Council and Whereas The National Institute of Governmental Purchasing has proclaimed the month of 9Karch as National Procurement Youth to further eApwnd the awareness of the role of purchasing professionals to government officials,generalpublc,businesses,and corporate leaders. Now,'Therefore I,Rg6ert 9.i.°Bobby"(Dyer,:Kayor of the City of Virginia Beach,Virginia,do hereby proclaim: March 2023 cPu6& Procurement Month In Virginia Beach,andI call upon the citizens and members within government agencies,public and private institutions,business,and in Virginia Beach to recognize the achievements the Purchasing(Department have made as we honor Public(Procurement 9Konth. 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 Seventh(Day of Narch,Two housandaniTwenty-Three. 4p6e fit.Vo66y'Tyer 9(ayor 56 ITEM— VILL l PUBLIC HEARINGS ITEM#73888 Mayor Dyer DECLARED a PUBLIC HEARING: CAFÉ FRANCHISE AGREEMENTS a. Atlantic Lobsta, LLC, t/a Mason's Famous Lobster Rolls Cafe re sidewalk café b. Harvest VB, LLC, t/a Harvest Café re sidewalk cafe c. Colonial Inn VB, LLC, t/a Fishtails Café re boardwalk café d. Arnav 138 Hotel, LLC, t/a Barclay Towers Café re boardwalk café e. Guru Parab,LLC, t/a Ocean's 14 Cafe re boardwalk café f Ocean Fifteen, Inc., t/a Mediterranean Grill Café re sidewalk cafe g. Virginia George Co.,Inc., t/a Dough Boys Cafe re sidewalk café h. Beach Convenience, LLC, t/a The Sweet Spot Cafe re sidewalk café i. G 21 t Street, Inc., t/a Guad's Cafe re sidewalk cafe j. La Herradura, t/a La Herradura Café re sidewalk café k. PizzaManiac, Inc., t/a 204 Pizza Café re sidewalk cafe 1. Oceanside Investment Associates, LP, t/a Hemingway's Restaurant& Cafe re boardwalk café m. Young Veterans, LLC, t/a The Bunker Brewpub Café re sidewalk café n. 27`h F&B, LLC, t/a Ocean 27 Cafe re boardwalk café o. 27`h Street Hotel, LLC, t/a The Haar Cafe re boardwalk cafe p. 3107 Atlantic, LLC, t/a North Beach Bar& Grill Café re boardwalk cafe q. 3501 Atlantic, LLC, t/a Cabanas Café re boardwalk cafe r. Fogg's Seafood Company, t/a Waterman's Surfside Grille Cafe re boardwalk café s. Mahi Mah's,LLC, t/a Mahi's Cafe re boardwalk café There being no speakers, Mayor Dyer CLOSED the PUBLIC HEARING March 7, 2023 57 ITEM— VII.I.2 PUBLIC HEARINGS ITEM#73889 Mayor Dyer DECLARED a PUBLIC HEARING: LEASE OF CITY PROPERTY—Dolphin Run Condominium Association,Inc. Approximately 0.09 acres at 3rd Street and Atlantic Avenue (Terms of Lease Amendment) There being no speakers,Mayor Dyer CLOSED the PUBLIC HEARING March 7, 2023 58 ITEM— VII.I.3 PUBLIC HEARINGS ITEM#73890 Mayor Dyer DECLARED a PUBLIC HEARING: DECLARATION AND SALE OF EXCESS CITY PROPERTY 10'utility easement across 3500 Dam Neck Road to Lumos Networks,Inc., d/b/a Segra (Install and maintain underground fiber optics facilities) There being no speakers,Mayor Dyer CLOSED the PUBLIC HEARING March 7, 2023 59 ITEM— VII.J.1 FORMAL SESSION AGENDA ITEM#73891 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—was not in attendance Upon motion by Council Member Schulman, seconded by Council Member Ross-Hammond, City Council APPROVED,BY CONSENT,Agenda Items Ordinances/Resolution K:1,2,3, 4, 6 and 7 and Planning Items L:1,2,3, 4, 5 and 6 Voting: 10-0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,N.D. "Rocky" Holcomb,Robert W. "Worth"Remick,Dr.Amelia N.Ross-Hammond,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse K. ORDINANCES/RESOLUTIONS: COUNCIL MEMBER HENLEY WILL VOTE NAY ON ITEMS#1 AND#2 ITEM#5 WILL BE CONSIDERED SEPARA TEL Y L. PLANNING: COUNCIL MEMBER REMICK FILED A DISCLOSURE FOR ITEM#2 VICE MAYOR WILSON WILL ABSTAIN ON ITEM#5 March 7, 2023 60 ITEM— VII.K.1 ORDINANCES/RESOLUTION ITEM#73892 Upon motion by Council Member Schulman, seconded by Council Member Ross-Hammond, City Council ADOPTED, BY CONSENT, Ordinance to APPROPRIATE $75,000 from the Tourism Investment Program (TIP) Fund Balance to the FY 2022-23 Non-Departmental Operating Budget re grant to the Virginia Museum of Contemporary for the Art Boardwalk Art Show (Requested by Mayor Dyer and Council Members Berlucchi and Remick) Voting. 9-1 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,N.D. "Rocky"Holcomb,Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley Council Members Absent: Jennifer Rouse March 7, 2023 REQUESTED BY MAYOR DYER AND COUNCILMEMBERS BERLUCCHI AND REMICK 1 AN ORDINANCE TO APPROPRIATE $75,000 OF FUND 2 BALANCE OF THE TOURISM INVESTMENT PROGRAM 3 FUND FOR A GRANT TO THE VIRGINIA MUSEUM OF 4 CONTEMPORARY ART FOR THE BOARDWALK ART 5 SHOW 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 That $75,000 is hereby appropriated from the fund balance of the Tourism 11 Investment Program (TIP) Fund to the FY 2022-23 Non-Departmental Operating Budget 12 for a grant to the Virginia Museum of Contemporary Art for the Boardwalk Art Show. Adopted by the Council of the City of Virginia Beach, Virginia, on the 7 t h day of March , 2023. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO LEGAL SUFFICIENCY: i y A o ey's Office CA16090 R-1 February 23, 2023 61 ITEM— VII.K.2 ORDINANCES/RESOLUTION ITEM#73893 Upon motion by Council Member Schulman, seconded by Council Member Ross-Hammond, City Council ADOPTED, BY CONSENT, Ordinance to APPROPRIATE $35,000 from the Tourism Investment Program(TIP)Fund Balance to the FY2022-23 Non-Departmental Operating Budget re grant to the Coast Defense Study Group, Inc.,for relocation of U.S.S. Iowa Battleship Barrel to Cape Henry/JEB Fort Story(Requested by Vice Mayor Wilson and Council Members Remick and Taylor) Voting: 9-1 Council Members Voting Aye: Michael F.Berlucchi,Mayor RobertM.Dyer,N.D. "Rocky"Holcomb,Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley Council Members Absent: Jennifer Rouse March 7, 2023 REQUESTED BY VICE MAYOR WILSON AND COUNCILMEMBERS REMICK AND TAYLOR 1 AN ORDINANCE TO APPROPRIATE $35,000 OF FUND 2 BALANCE OF THE TOURISM INVESTMENT PROGRAM 3 FUND FOR A GRANT TO THE COAST DEFENSE STUDY 4 GROUP, INC., FOR THE RELOCATION OF A BATTLESHIP 5 BARREL FROM THE U.S.S. IOWA 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 That $35,000 is hereby appropriated from the fund balance of the Tourism 11 Investment Program (TIP) Fund to the FY 2022-23 Non-Departmental Operating Budget 12 for a grant to the Coast Defense Study Group, Inc., for the relocation of the U.S.S. Iowa 13 Battleship Barrel to Cape Henry/JEB Fort Story. Adopted by the Council of the City of Virginia Beach, Virginia, on the 7 t h day of March , 2023. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO LEGAL SUFFICIENCY: City A y's ffice CA16093 R-1 February 21, 2023 62 ITEM— VII.K.3 ORDINANCES/RESOLUTION ITEM#73894 Upon motion by Council Member Schulman, seconded by Council Member Ross-Hammond, City Council ADOPTED,BY CONSENT,Ordinance to DECLARE 2,529 square feet of City property at 2640 Highland Meadows Way to be in EXCESS of the City's needs and AUTHORIZE the City Manager to exchange same to James and Wanda Cooper Voting: 10-0 Council Members Voting Aye: Michael F.Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth"Remick, Dr.Amelia N. Ross-Hammond,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse March 7, 2023 1 AN ORDINANCE 1) DECLARING A 2,529 SQ. FT. 2 PORTION OF CITY PROPERTY LOCATED AT 2640 3 HIGHLAND MEADOWS WAY TO BE IN EXCESS OF 4 THE CITY'S NEEDS AND 2) AUTHORIZING THE CITY 5 MANAGER TO EXCHANGE SAME FOR A 2,529 SQ. 6 FT. PORTION OF THE ADJACENT PROPERTY 7 BELONGING TO JAMES AND WANDA COOPER 8 9 WHEREAS, the City of Virginia Beach (the "City") owns a parcel of land 10 located at 2640 Highland Meadows Way (GPIN: 1484-23-1207) which is utilized 11 as a park (the "Park"); 12 13 WHEREAS, the City intends to install playground equipment at the Park; 14 however, the majority of the Park is encumbered by wetlands, multiple drainage 15 and maintenance easements, a floodplain, and a 120' wide Dominion Virginia 16 Power easement for overhead power lines; 17 18 WHEREAS, James and Wanda Cooper (the "Coopers") own a parcel of 19 land located at 2636 Highland Meadows Way (GPIN: 1484-23-1445), which is 20 adjacent to the Park; 21 22 WHEREAS, a portion of the Coopers' concrete patio and fence located in 23 their backyard currently encroach onto the Park; 24 25 WHEREAS, the City and the Coopers have negotiated an exchange of 26 approximately 2,529 sq. ft. of land from each of their respective parcels, as shown 27 on Exhibit A attached hereto, on the terms and conditions set forth in the Summary 28 of Terms, attached hereto as Exhibit B; and 29 30 WHEREAS, the exchange of land would provide adequate space to 31 construct a playground near the entrance to the Park, outside of the 32 encumbrances, and would resolve the Coopers' unauthorized encroachments onto 33 the Park. 34 35 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 36 CITY OF VIRGINIA BEACH, VIRGINIA: 37 38 1 . That a 2,529 sq. ft. portion of the Park as shown on Exhibit A 39 attached hereto and made a part hereof, is hereby declared to be in excess of the 40 needs of the City of Virginia Beach. 41 42 2. That the City Manager, or his authorized designee, is hereby 43 authorized to execute any and all documents necessary to convey said excess 44 property on the terms and conditions set forth in the Summary of Terms, attached 45 hereto as Exhibit B and made a part hereof, and such other terms, conditions and 46 modifications as may be acceptable to the City Manager and in a form deemed 47 satisfactory by the City Attorney. 48 49 This Ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 7th dayofMarch , 2023. THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE BY THREE- FOURTHS (3/4) OF ALL MEMBERS OF CITY COUNCIL. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: Deft. of Pa s& Recreation Public Wor / Real Estate APPROVED AS TO LEGAL SUFFICIENCY: C. ,` t rn �-- CA15788 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d020\p043\00859794.docx R-1 February 1, 2023 2 EXHIBIT A HIGHLAND MEADOWS WAY (50' R/W) (I.N. 200211213068548-PLAT) CATV PROPERTY LINE FED TO BE ESTABLISHED (RELOCATED) N 12'S4'50"E 286.94' � � ) 65.47' 0...--.1 N 12'54'50"E 100.13' II- wPBREWAETSETADBRA LISINHAEGDE(RACMAETNTED)e , � 5TO' o � PROPERTY TO BE ACQUIRED o in \ S \ BY THE CITY OF VIRGINIA BEACH Ni i AREA = 2,529 Sq. Ft. OR 0.05806 Ac. I J% \ EXISTING �°° 2 STORY co. U) O PROPERTY LINE ♦ \ RESIDENCE Ln Ln �•\- 0�� TO BE VACATED 1 #2636 -4� O� EASEMENT A rji� OQ 15.0 0 0 �\P�t��P�1 TO BE VACATED ! LOT 5 -Loo .g`r- Q ` \ N/F , �O PROPERTY LINE ,, WANDA 8c JAMES z TO BE ESTABLISHED t \ COOPER 5' PRIVATE DRAINAGE EASEMENT �� TO BE ESTABISHED (RELOCATED) V •1 ' % \ . $ - EXISTING PARK AREA � e v:: _ E s G CITY O F . CONCRETE VIRGINIA BEACH 1 �, EASEMENT TO BE VACATED `I Imo, PROPERTY LINE PROPERTY TO BE ACQUIRED TO BE VACATED BY N/F WANDA & JAMES COOPER 6, AREA = 2,529 Sq. Ft. OR 0.05806 Ac. 'rO et _ 0 30' 60' °'I A I 1 CD \ im gm m mi 5' PRIVATE DRAINAGE EASEMENT I ' Io EXISTING GRAPHIC SCALE TO BE ESTABISHED (RELOCATED) EXISTING # ,,,r SHED 1" = 30' FENCE \ x -- -, EXHIBIT SHOWING \ +1 Z \ tA BE.1 • EXISTING �\'' �yG� LAND SWAP BETWEEN FENCE -i)r CITY OF VIRGINIA BEACH \ -z! HIGHLAND MEADOWS PARK GPIN: 1484-23-1207 i`' ;' AND _ . -� • N/F WANDA & JAMES COOPER • �',� LOT 5, HIGHLAND MEADOWS GPIN: 1484-23-1445 .7. EXISTING � O c�` F BUR Ngj\l .i I.N. 20021 1213068548 (PAT) PROPERTY LINE ) - o In DEPARTMENT OF PUBLIC WORKS * ENGINEERING GROUP * SURVEY BUREAU o 0 rn CITY OF VIRGINIA BEACH, VIRGINIA 757-385-4131 N Z EXISTING 5' PRIVATE DATE:5/10/2022 SCALE: 1"=30' DRAWN BY: DWD JOB#:210385 F.B. "F" 2022 HI-"`! DRAINAGE EASEMENT EXHIBIT B SUMMARY OF TERMS EXCHANGE OF EXCESS CITY PROPERTY PARTIES: City of Virginia Beach ("City") and James and Wanda Cooper (the "Coopers") CITY PARK PROPERTY: 2640 Highland Meadows Way (GPIN: 1484-23-1207) COOPERS' PROPERTY: 2636 Highland Meadows Way (GPIN: 1484-23-1445) PROPERTY TO BE EXCHANGED: 2,529 sq. ft. (0.05806 Ac.) of the City Park Property to be conveyed to the Coopers in exchange for the Coopers conveying 2,529 Sq. Ft. (0.05806 Ac.) of the Coopers' Property to the City, as shown on Exhibit A SALE PRICE: None CONDITIONS OF EXCHANGE: • The properties to be exchanged will be conveyed "AS IS, WHERE IS" • City and the Coopers will each bear their own closing costs, attorney fees and lender fees (if applicable). • City will be responsible for the preparation and recordation of the subdivision plat to incorporate the portions of property being exchanged into each party's existing parcel. • Each party will convey 2,529 sq. ft. of property to the other party, free and clear of all liens and encumbrances. • Neither party will pay the other for the portions of property being exchanged. • The City will reserve all needed public utility and drainage easements. • Closing shall occur on or before December 31, 2025, unless extended by the City Manager. ill .,,.,...„1.7,,,,, ,,,X,,4,.,..,.„..,s,opt. ,,'.,,,.,,.:,...Ar*:, w_.0,11-0._ E 1• i as 7 ipt,., , 4_,..., A.,. , , , . , :. , 011., os.,,,,. • • _.vio ,01•:•4,,,0 r,,.. N , i / 484-23-15 v , 411110 # --____ *gill 4:.w, O iw 1484-23-1207 Q fZ .,. A link } +�, w . 4 • . ' , v. ' yLu, stiff \ - if w • fig* ?I' '1,-A,0,...-, -... ir , , ‘,.. ` °' 1''rot • # . LOCATION MAP 4.111.. 1 Y LAND S WA P i 4 A CITY PROPERTY Legend r _,_„� -- GPIN 1484-23-1207 City Properties 1 '''. AND WANDA & JAMES COOPER Land Proposed to be Park Property _ - GPIN 1485-23-1445 Feet Land Proposed to be Residential - 0 50 100 200 111A//r__ /r_ ..___.-a . n.-___.. 4,l/-1,l/nnnA V.\,Aflrl\n__.__a_\Afl ls r:l__\A/,r41f1A •IAfIC,/,a..l'1...........1..\A IOA •17 4'1117 Ate..:. 63 ITEM— VII.K.4 ORDINANCES/RESOLUTION ITEM#73895 Upon motion by Council Member Schulman, seconded by Council Member Ross-Hammond, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease for City-Owned property for up to five(5)years at Virginia Beach Farmers Market,Building 3,Space 14, re Gilly's Creamery,L.L.C. Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara M.Henley, N. D. "Rocky" Holcomb, Robert W. "Worth"Remick, Dr.Amelia N. Ross-Hammond,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse March 7, 2023 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR UP TO 5 3 YEARS WITH GILLY'S CREAMERY, L.L.C. FOR 4 CITY-OWNED PROPERTY KNOWN AS BUILDING 5 3, SPACE 14 IN THE VIRGINIA BEACH FARMERS 6 MARKET 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of the City of 9 Virginia Beach Farmers Market located at 3640 Dam Neck Road in Virginia Beach, 10 Virginia (the "Farmers Market"); 11 12 WHEREAS, the City issued a Request for Proposals for Space 14 in Building 3 at 13 the Virginia Beach Farmers Market which consists of approximately 939 sq. ft. of space 14 (the "Premises") and received one submittal from Gilly's Creamery, L.L.C., a Virginia 15 limited liability company ("Gilly's"); 16 17 WHEREAS, Gilly's has leased the Premises since 2011 and desires to enter into 18 a new lease with the City; 19 20 WHEREAS, the Premises will be utilized for the sale of fresh and frozen dairy 21 products and related items, and for no other purpose; and 22 23 WHEREAS, Gilly's has agreed to pay the City rent in the amount of $12,314.76 24 from July 1, 2023 through June 30, 2024, with a five percent (5%) annual rent 25 escalation for each year thereafter. 26 27 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 28 OF VIRGINIA BEACH, VIRGINIA: 29 30 That the City Manager is hereby authorized to execute a lease for up to 5 years 31 between Gilly's Creamery, L.L.C. and the City for the Premises, in accordance with the 32 Summary of Terms, attached hereto as Exhibit A and made a part hereof, and such 33 other terms, conditions or modifications as may be acceptable to the City Manager and 34 in a form deemed satisfactory by the City Attorney. 35 36 Adopted by the Council of the City of Virginia Beach, Virginia on the 7th day of 37 March , 2023. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY Moths7tate CA15630 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d025\p040\00860546.doc R-1 February 10, 2023 EXHIBIT A SUMMARY OF TERMS LEASE FOR SPACE AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach (the "City") LESSEE: Gilly's Creamery, L.L.C., a Virginia limited liability company PREMISES: Building 3, Space 14 consisting of 939+/- square feet TERM: Initial Term: July 1, 2023 through June 30, 2026, with two (2) additional one-year renewal options RENT: July 1 , 2023 - June 30, 2024: $12,314.76 ($1,026.23 monthly) Rent will escalate annually by five percent (5%) compounded upon July 1st of each year the Lease is in effect. RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for the sale of fresh and frozen dairy products and related items, and for no other purpose. • Maintain in good condition and repair the electrical systems serving the Premises, including existing outlets and installation of additional outlets. • Maintain the Premises in good condition and repair, clean and sanitary, free of dirt, dust, grime, grease, trash, refuse and vermin. • Payment of all assessed fees and taxes. • Purchase and maintain commercial general liability insurance. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain and repair air conditioning, ventilation and heating systems, plumbing and other building systems that service the Premises, except electrical system. • Maintain common areas of the Farmers Market and maintain and/or replace the structural elements of the Premises, including exterior walls, roofs, floors, and foundation. TERMINATION: • City has special right to terminate if necessary for a public purpose by giving sixty (60) days' advance written notice. 64 ITEM— VII.K.5 ORDINANCES/RESOLUTION ITEM#73896 The following registered to speak: Barbara Messner, P. O. Box 514, was not in attendance Phillip Hines, 4376 Lynnville Crescent, Phone: 897-3538, expressed funding concerns Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED, Alternate Version (Requested by Vice Mayor Wilson and Council Member Schulman), Resolution to APPROVE the School Board's entry into an Interim Agreement re the design work at Princess Anne High School, B.F. Williams/ Bayside 6r", and Bayside High School Deferred from September 6, 2022, October 18, 2022 and February 21, 2023 Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth"Remick, Dr.Amelia N. Ross-Hammond,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse March 7, 2023 ALTERNATIVE VERSION REQUESTED BY VICE MAYOR WILSON AND COUNCILMEMBER SCHULMAN 1 A RESOLUTION TO APPROVE THE SCHOOL 2 BOARD'S ENTRY INTO AN INTERIM AGREEMENT 3 FOR DESIGN WORK FOR PRINCESS ANNE HIGH 4 SCHOOL, B.F. WILLIAMS/BAYSIDE 6TH, AND 5 BAYSIDE HIGH SCHOOL AND TO REQUEST 6 CERTAIN ACTIONS RELATED THERETO 7 8 WHEREAS, the Virginia Beach City Public Schools (the "VBCPS") and School 9 Board received an unsolicited proposal for the design and construction of Princess Anne 10 High School, B.F. Williams/Bayside 6th, and Bayside High School (the "Projects"); 11 12 WHEREAS, following the required procedures under the Virginia Public-Private 13 Education Facilities and Infrastructure Act ("PPEA"), the VBCPS accepted the unsolicited 14 proposal and solicited competing conceptual proposals; 15 16 WHEREAS, after review of two conceptual proposals, the VBCPS requested 17 detailed proposals from the two firms that submitted conceptual proposals; 18 19 WHEREAS, after review of the detailed proposals, the VBCPS negotiated an 20 Interim Agreement with the preferred proposer, S.B. Ballard Construction Company; 21 22 WHEREAS, the VBCPS has posted the Interim Agreement for the required 30 23 days and held a public hearing; 24 25 WHEREAS, the proposed Interim Agreement will advance design of the Projects 26 over the next twelve months, which should also allow the development of a proposed 27 comprehensive agreement, for the Projects with a not-to-exceed cost of$15,404,544; 28 29 WHEREAS, the School Board approved the Interim Agreement at its August 9, 30 2022, meeting; 31 32 WHEREAS, the PPEA requires a school board obtain approval from the local 33 governing body prior to entry into an interim or comprehensive agreement; 34 35 WHEREAS, the City Council previously deferred action upon the School Board's 36 request to allow time for updating debt policies and to receive the School Board's 37 reversion request; 38 39 WHEREAS, representatives of VBCPS presented a briefing to the City Council that 40 provided updated cost estimates for the three school facilities that would be developed 41 using the PPEA process and noted that better cost estimates would be provided once 42 30% designs are completed through the interim agreement process; and 43 44 WHEREAS, due to continued questions regarding the PPEA process and the 45 development of a long-term sustainability and affordability plan for Schools construction 46 projects, certain actions are required to allow the City Council to remain included in the 47 discussion of the PPEA process and beyond; 48 49 NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 50 OF VIRGINIA BEACH, VIRGINIA, THAT: 51 52 The City Council hereby approves the School Board's entry into the Proposed 53 Interim Agreement for the Projects in an amount not-to-exceed $15,404,544. 54 55 BE IT FURTHER RESOLVED, THAT: 56 57 The City Council hereby requests the following during the term of the Interim 58 Agreement: 59 60 a. VBCPS work with S.B. Ballard Construction Company to design functional school 61 facilities that include options that find efficiencies of size and scale prior to or during 62 the design process/community input process; and 63 64 b. VBCPS engage with the stakeholders to gather meaningful public input on the 65 facility needs while responsibly informing the public that the proposed construction 66 timelines associated with the PPEA process may not be financially feasible; 67 68 BE IT FURTHER RESOLVED, THAT: 69 70 The City Council hereby requests the following at the conclusion of the term of the 71 Interim Agreement: 72 73 a. VBCPS provide the City Council with updated design and construction cost 74 estimates for the three facilities including scalable options; and 75 76 b. VBCPS present to the City Council and the public a financing plan that is 77 sustainable and affordable for the School Board to support and consistent with the 78 City/School Revenue Sharing Formula including use of the process outlined in the 79 Revenue Sharing Formula should additional revenues be required for such plan. 80 As a capital project, the use of one-time funding such as reversion funds should 81 be included in this consideration. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 7th day of March , 2023. APPROVED AS TO LEGAL SUFFICIENCY: ) _--- . or y's ffice CA15878 / R-3(VM&CM Schulman Sponsor) /March 5, 2023 65 ITEM— VILK.6 ORDINANCES/RESOLUTION ITEM#73897 Upon motion by Council Member Schulman, seconded by Council Member Ross-Hammond, City Council ADOPTED,BY CONSENT, Ordinance to ACCEPT a donation and installation of playground equipment with value of$60,337.94 from the Pembroke Meadows Civic League re Pembroke Meadows Lake Park Voting.• 10-0 Council Members Voting Aye: Michael F.Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth"Remick, Dr.Amelia N. Ross-Hammond,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse March 7, 2023 1 AN ORDINANCE TO ACCEPT THE DONATION AND 2 INSTALLATION OF PLAYGROUND EQUIPMENT AT 3 THE PEMBROKE MEADOWS LAKE PARK FROM THE 4 CIVIC LEAGUE OF PEMBROKE MEADOWS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 A donation of playground equipment and installation at Pembroke Meadows Lake 10 Park, with a value of$60,337.94, is hereby accepted from the Civic League of Pembroke 11 Meadows. Adopted by the Council of the City of Virginia Beach, Virginia on the 7 t h day of March , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 11-1-0 mina* Budget and Management Services City Attorrney's Office CA16094 R-1 February 22, 2023 66 ITEM— VII.K.7 ORDINANCES/RESOLUTION ITEM#73898 Upon motion by Council Member Schulman, seconded by Council Member Ross-Hammond, City Council ADOPTED, BY CONSENT, Ordinance to TRANSFER $300,000 of General Fund Vacancy Savings to the FY2022-23 Planning Department Operating Budget re work associated with the update of the Comprehensive Plan Voting. 10-0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley,N. D. "Rocky" Holcomb, Robert W. "Worth"Remick, Dr.Amelia N. Ross-Hammond,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse March 7, 2023 1 AN ORDINANCE TO TRANSFER $300,000 OF GENERAL 2 FUND VACANCY SAVINGS FOR WORK ASSOCIATED 3 WITH THE UPDATE TO THE COMPREHENSIVE PLAN 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $300,000 of General Fund vacancy savings is hereby transferred to the FY 2022- 9 23 Operating Budget of the Planning Department to fund the work associated with the 10 update of the City of Virginia Beach Comprehensive Plan. Adopted by the Council of the City of Virginia Beach, Virginia on the 7 t h day of March , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ctet,A,41_ / toW_Aef or Budget and anagement Services C' tt ney's Office CA16092 R-1 February 20, 2023 67 ITEM— VII.L.1 PLANNING ITEMS ITEM#73899 Upon motion by Council Member Schulman, seconded by Council Member Ross-Hammond, City Council APPROVED,AS CONDITIONED, BY CONSENT, application of TONY SAADY& LINA A. SAADY/ TONY J. & LINA AZAR SAAADY, TRUSTEES OF TONY& LINA SAADY REVOCABLE LIVING TRUST for a Variance to Section 4.1(m) of the Subdivision Regulations re subdivide two (2) lots at 5020 Lord Felton Lane DISTRICT 9(Formerly District 4-Bayside) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA TONY SAADY& LINA A. SAADY/TONY J. & LINA AZAR-SAADY, TRUSTEES OF TONY & LINA SAADY REVOCABLE LIVING TRUST for a Variance to Section 4.1(m) of the Subdivision Regulations re subdivide two (2) lots at 5020 Lord Felton Lane (GPINs 1469838141, 1469826953)DISTRICT 9(Formerly District 4-Bayside) The following conditions shall be required: 1. When these properties are subdivided, they shall be substantially in accordance with the submitted subdivision exhibit entitled "Subdivision Plat of Part of Site B2,"dated January 5, 2022, and prepared by MSA, P.C. Said exhibit has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development.A final plat shall be recorded with the Clerk of Court reflective of the layout referenced herein. 2. When Lots B2-A and B2-B are developed, the building exteriors shall substantially adhere to the renderings shown on page eight(8) of the report, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning and Community Development. 3. The applicant shall reserve for dedication to the City land toward making Lord Felton Lane a minimum of twenty-four(24)feet wide. Said reservation for future dedication shall be a minimum of four(4)feet wide along the entire length of Lord Felton Lane that fronts the proposed lots, and the dedication shall be completed prior to the development or redevelopment of any of the proposed lots. 4. The land seaward of the site along Lake Smith is City of Norfolk's property. Management of vegetation and trees within this area shall be coordinated with the City of Norfolk. 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 7`h day of March Two Thousand Twenty Three. March 7, 2023 68 ITEM— VILL.1 PLANNING ITEMS ITEM#73899 (Continued) Voting: 10-0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,N. D. "Rocky" Holcomb, Robert W. "Worth"Remick,Dr.Amelia N. Ross-Hammond,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse March 7, 2023 .1"t1/ \ IC ' \ Illik � 1 r- 1 ���, R40 \ / R40 ,,44414 411 - la' . /le eo R4'0 *,74 0..__. \IP\ 15 R40 / $te� o R40 �o7 '�\ R4.0 R40 .2e 0./ qt f� �, 0_ lir Q \ r Suite N Tony Saady & Lina A. Saady NV1' A ��� Site �, r �. 5020 Lord Felton Lane & Parcel directlywest of Property_Polygons s Zoning 5020 Lord Felton Lane Building Feet PLAN TRANS SURFACES 0 2040 80 120 160 200 240 69 ITEM— VII.L.2 PLANNING ITEMS ITEM#73900 Upon motion by Council Member Schulman, seconded by Council Member Ross-Hammond, City Council APPROVED,AS MODIFIED,AS PROFFERED,AS CONDITIONED,BY CONSENT, application of RUDOLF DEVELOPMENT GENERAL BOOTH, LLC & ATLOW GROUP, INC / RUDOLF DEVELOPMENT GENERAL BOOTH,LLC(PROPERTY OWNER)for a Modification of Pro tiers to a Conditional Change of Zoning and Conditional Use Permit re indoor recreational facility at property directly east of 1700 General Booth Boulevard&north of Edison Road DISTRICT 5(formerly District 7- Princess Anne)Approved June 10, 2003 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA RUDOLF DEVELOPMENT GENERAL BOOTH, LLC & ATLOW GROUP,INC/RUDOLF DEVELOPMENT GENERAL BOOTH,LLC (PROPERTY OWNER)for a Modification of Proffers to a Conditional Change of Zoning and Conditional Use Permit re indoor recreational facility at property directly east of 1700 General Booth Boulevard&north of Edison Road (GPIN 2415532272) DISTRICT 5 (formerly District 7 - Princess Anne)Approved June 10, 2003 The following conditions shall be required: Modification of Proffers to a Conditional Change of Zoning: An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court. 1. When the Property is developed and landscaped, it shall be substantially as depicted on the exhibit entitled "Conceptual Site Design —Parcel B", prepared by WPL and dated October 15, 2022, which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and Community Development ("hereinafter "Site Plan'). 2. When the building shown on the Site Plan is developed, the architectural design, exterior building materials and colors shall be substantially as depicted and described on the pages number 2 and 3 of the renderings designated "South Elevation— View Towards Parking"; "North Elevation — View Towards One Life Fitness"; "East Elevation — View Towards Wooded Area"; and "West Elevation — View Towards General Booth Blvd.", on that exhibit entitled "Skyzone Elevations", dated October 15, 2022, prepared by Cuboid Architecture, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and Community Development ("hereinafter "Renderings'). 3. The proffers, covenants, restrictions and conditions contained in the 2003 Proffers remain in full force and effect solely as to the balance of the original Parcel therein described. March 7, 2023 70 ITEM— VII.L.2 PLANNING ITEMS ITEM#73900 (Continued) Conditional Use Permit: 1. Any onsite signage shall meet the requirements of the City Zoning Ordinance(CZO), unless otherwise approved by the Board of Zoning Appeals, and there shall be no neon, other than individual channel letters lighted with internal neon and as approved by the Zoning Administrator, or electronic display signs or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. There shall be no window signage permitted. The building signage shall not be a "box sign"and the proposed sign package shall be submitted to the Department of Planning for review and approval. 2. A Landscape Plan shall be submitted at the time of final site plan review reflective of the location and plant material depicted on the exhibit entitled "Conceptual Planting Plan", prepared by WPL and dated October 15, 2022, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 3. When developed, a photometric plan for the exterior portions of the Property shall be provided as part of the final site plan submittal. The exterior lighting shall be no taller than twenty (20)feet in height, with the exception of any lighting of the overflow parking area on the eastern side of the property and the driveway leading to it which shall not exceed 14 feet in height. All lighting shall be shielded and directed down and inward toward the property and away from adjacent properties. 4. Any trash compactors or dumpsters located on the Property when developed shall be screened in accordance with the Virginia Beach Landscaping Guide. 5. The final stormwater management plan submitted to the Development Services Center (DSC) shall be in substantial conformance with the preliminary stormwater analysis utilizing the same basis of design. This Ordinance shall be effective in accordance with Section 107(1) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 7th day of March Two Thousand Twenty Three. Voting: 10-0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,N.D. "Rocky" Holcomb,Robert W. "Worth"Remick,Dr.Amelia N.Ross-Hammond,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse March 7, 2023 0I141A BE4c� ; p PGA City of Virginia Beach \: z 0(,Up OUR NA0VBgoSVr00IY1 ROBERT W."WORTH"REMICK CELL:(757)840-5855 COUNCIL MEMBER EMAIL:WRemick anvbaov.com DISTRICT 6 March 7, 2023 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 Rudolf Development General Booth, LLC and Atlow Group, Inc. for a modification of proffers to a conditional rezoning and conditional use permit for property owned by Rudolf Development General Booth and located directly east of 1700 General Booth Boulevard and north of Edison Road(GPIN 2415532272). 2. Rudolf Development General Booth has identified Dan Crigger of Colliers International as a real estate services provider with respect to this application. 3. I have a personal interest in Colliers International Virginia, LLC because I am an employee of the firm, and its address is 150 West Main Street, Suite 1100, Norfolk, Virginia 23510. 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 application,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. 2401 COURTHOUSE DRIVE,SUITE 2116,VIRGINIA BEACH,VIRGINIA 23456 Mrs. Amanda Barnes -2- March 7, 2023 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. Sincerely, ./( ((----7 Q , Worth emick Councilmember RWR/RRI FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS RUDOLF DEVELOPMENT GENERAL BOOTH,LLC,a Virginia limited liability company TO (PROFFERED COVENANTS,RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 15th day of October, 2022, by and between RUDOLF DEVELOPMENT GENERAL BOOTH, LLC, a Virginia limited liability company, Grantor; and THE CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia,Grantee. WITNESSETH: WHEREAS,the Grantor is the owner of that certain parcel of property located in the City of Virginia Beach, containing approximately 6.460 acres and described in Exhibit "A" attached hereto and incorporated herein by this reference(the"Property"); and WHEREAS, the Grantor has initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach,Virginia,by Petition addressed to the Grantee so as to modify conditions applicable to the Property as zoned Conditional B-2 Community Business District and designated "COMMERCIAL AREA", as well as a portion of the designated "MINI- STORAGE AREA",pursuant to the Proffered Covenants, Restrictions and Conditions dated April 23, 2003, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 200307160109480 (hereinafter"2003 Proffers"); and WHEREAS,the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses GPIN: 2415-53-2272 Prepared By: R.Edward Bourdon,Jr.,Esquire VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 4429 Bonney Road Suite 500 Virginia Beach,Virginia 23462 on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning,certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise;and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee,as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation,and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property,which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development,operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property,which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors,personal representatives,assigns,grantees,and other successors in interest or title: Proffer numbered 1 as contained in the 2003 Proffers references a "Site Plan" depicting two (2) separate "Areas"; a "Mini-Storage Area" of approximately 5.1 acres and a "Commercial Area"of approximately 5.5 acres. The land depicted on the proffered Site Plan was subsequently subdivided with a smaller 4.082 acre "PARCEL A", conveyed and developed as a mini-storage facility and a larger 6.46 acre "PARCEL B" retained for a commercial development. Solely with respect to the Property herein described,the five(5) proffers contained in the 2003 Proffers are deleted and replaced with the following proffers: 1. When the Property is developed and landscaped it shall be substantially as depicted on that exhibit entitled"CONCEPTUAL SITE DESIGN-PARCEL B"prepared by WPL and dated 10/15/2022, which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and Community Development(hereinafter"Site Plan"). 2 2. When the building shown on the Site Plan is developed, the architectural design, exterior building materials and colors shall be substantially as depicted and described on the pages numbered 2 and 3 of renderings designated "SOUTH ELEVATION - VIEW TOWARDS PARKING"; "NORTH ELEVATION - VIEW TOWARDS ONE LIFE FITNESS"; "EAST ELEVATION - VIEW TOWARDS WOODED AREA"and"WEST ELEVATION-VIEW TOWARDS GENERAL BOOTH BLVD.",on that exhibit entitled"SKYZONE ELEVATIONS",dated 10-15-2022 prepared by Cuboid Architecture which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and Community Development (hereinafter "Renderings"). 3. The proffers, covenants, restrictions and conditions contained in the 2003 Proffers remain in full force and effect solely as to the balance of the original Parcel therein described. All references hereinabove to the B-2 Community Business Zoning District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council,which are by this reference incorporated herein. The above conditions,having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: 3 (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority(a)to order,in writing,that any noncompliance with such conditions be remedied,and (b) to bring legal action or suit to insure compliance with such conditions,including mandatory or prohibitory injunction,abatement, damages,or other appropriate action,suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator,made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,and indexed in the names of the Grantor and the Grantee. 4 WITNESS the following signature and seal: Grantor: Rudolf Development General Booth,LLC, a Virginia limited liability company By: Rudolf Construction Partners,LLC, a Virginia limited liability company By: (SEAL) Chester D.Rudo ,its Man 'n ember STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this, day of October,2022,by Chester D. Rudolf, IV, Managing Member of Rudolf Construction Partners,LLC,a Virginia limited liability company, Manager of Rudolf Development General Booth, LLC, a Virginia liability company, Grantor. Notary Public MyCommission Expires: to/ 3)7de z‘ P Notary Registration Number: PC0 '403 '���S.......... NOTARY PUBLIC • REG.#8000403 c n MY COMMISSIONF. p EXPIRES z � s . 10/31/2026.1 5 EXHIBIT "A" LEGAL DESCRIPTION ALL THAT certain lot, piece or parcel of land, with the improvements thereon, situate, lying and being in the City of Virginia Beach,Virginia, and known, numbered and designated as "PARCEL B", containing 6.460 acres, as shown on that certain plat entitled "RESUBDIVISION OF PROPERTY OWNED BY GENERAL EDISON ASSOCIATES (M.B.27,PG. 59,M.B. 176,PG. 17, M.B. 2665,PG. 1878) VIRGINIA BEACH, VIRGINIA" dated February 4, 2005, prepared by Site Improvement Associates, Inc. and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, as Instrument Number 200504210059479. GPIN: 2415-53-2272 H:\AM\'Mod of Proffers\Rudolf Development General Booth\lst Amendment to Proffer 10-15-2022.docx 6 ,,,,t-7.' / -`C'7( �'R`5.D '� P D,H 1, _ ,,, 0 �/ B2�B2 AG1 PDH1 i _O , / A- '6`:&/) \ -_ G1 R5t nR5D,,„//' , Oc) \----,_±:10 � R5D_� ���� R5D Give_ cc-)\F-1 Q _ o l, P�D�H 1>\ 0 OCD 6 1 -_ r,, 4 c-;2'--\ 0 k<, iWI 7/Ii l----_,,a)„i,'a/,/ 11B2 - 0-mooB2 B2 0 � 0. •,c-4 ° / 1 //00' q'44441 +)/ o ouai. imi '--7- .---Q 0 7.c> 0 m ,/jf y, RRSD�R-5D, o . >,,E2_1 / if, _ i AG1 R5D Q 0 / 0 AG 1 R5D ---'� ' 0p ,,3 tr 4/iii )--//bvA,%, ‘ & , se a, on- ;_ _ A G2o 111, r7-- ; -/' 7 AG2 a Z R5 D oRSD 7 B2 B2 \ ./ � -_ � - � �: Ali i ,C;7 ... . ' - h._ . 'at Ei _ _ ea\ -,-Q N Suite Rudolf Development General Booth, LLC & Atlow Group, Inc W 4\,.E Nra,, Site Parcel directlyeast of 1700 General Booth Boulevard J s Property_Polygons & north of Edison Road Zoning - ismil. Iii IN.Feet Building 0 40 80 160 240 320 400 480 71 ITEM— VII.L.3 PLANNING ITEMS ITEM#73901 Upon motion by Council Member Schulman, seconded by Council Member Ross-Hammond, City Council APPROVED, PROFFERED, AS CONDITIONED, BY CONSENT, application of 1900 VIRGINIA BEACH BLVD., LP for a Conditional Change of Zoning from A-12 Apartment District to Conditional B-2 Community Business District and Conditional Use Permit re bulk storage yard at 1900, 1902, 1904, 1906, and 1912 Virginia Beach Boulevard;303, 305, 307, 309, 311, 313 and 315 Maxey Drive DISTRICT 6(formerly District 6-Beach) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA 1900 VIRGINIA BEACH BLVD., LP for a Conditional Change of Zoning from A-12 Apartment District to Conditional B-2 Community Business District and Conditional Use Permit re bulk storage yard at 1900, 1902, 1904, 1906, and 1912 Virginia Beach Boulevard; 303, 305, 307, 309, 311, 313 and 315 Maxey Drive (GPINs 2407467406, 2407466302)DISTRICT 6(formerly District 6-Beach) The following conditions shall be required: Conditional Change of Zoning: An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court. 1. The Property shall only be used for one(1)or more of the principal uses or conditional uses permittable in the Zoning District which are also designated as compatible("C') with flight operations at N.A.S. Oceana Naval Air Base in the Land Use Tables contained in Article 18, Section 1804(b), Table 1 and Table 2 as of the date this Agreement is put to record in the land records maintained by the Clerk of the Circuit Court of the City of Virginia Beach, Virginia. 2. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Conditional Use Permit: 1. The outdoor storage area shall be fenced and screened as depicted on the Landscape Plan entitled, "Landscape Plan for Bulk Storage Yard Lots 90, 91, & 6, 7, 8, Plat of Maxey Manor, Virginia Beach, Virginia", dated January 10, 2023,prepared by Commonwealth Engineering Group, LTD, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. This is a deviation to the Category VI screening required by the Zoning Ordinance around the perimeter of a Bulk Storage Yard. March 7, 2023 72 ITEM— VII.L.3 PLANNING ITEMS ITEM#73901 (Continued) 2. A solid privacy fence with a minimum height of six feet shall be installed and maintained surrounding the Bulk Storage Yard as shown on the Landscape Plan identified above in Condition 1 and shall be maintained for the duration of the use as a Bulk Storage Yard. Evergreen plant material shall be installed and maintained inside the fence along the northern and western property lines in lieu of the required plants outside of the fence and shall be installed outside the fence in all other areas. As noted above in Condition 1, this is a deviation to the Category VI screening required by the Zoning Ordinance around the perimeter of a Bulk Storage Yard. 3. Should outdoor lighting be installed within the Bulk Storage Yard area, a Lighting Plan shall be provided to the Department of Planning and Community Development for review and approval.All outdoor lights shall comply with the following: a. Shielded to direct light and glare onto the premises, said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. b. Lighting fixtures shall not be erected any higher than fourteen (14)feet. 4. Except for construction or events, the use ofportable restrooms on the property shall be prohibited. 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 7`"day of March Two Thousand Twenty Three. Voting: 10-0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,N.D. "Rocky" Holcomb, Robert W. "Worth"Remick,Dr.Amelia N.Ross-Hammond,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse March 7, 2023 1900 VIRGINIA BEACH BLVD. LP,a Virginia limited partnership f/k/a OCEANA ASSOCIATES,a Virginia limited partnership TO (PROFFERED ZONING COVENANTS,RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia THIS ZONING PROFFER AGREEMENT, made this 30th day of August, 2022, by and between 1900 VIRGINIA BEACH BLVD.LP,a Virginia limited partnership,party of the first part, Grantor;and THE CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia,Grantee,party of the second part,Grantee. WITNESSETH: WHEREAS, Grantor is the owner of a certain parcel of property located in the City of Virginia Beach, containing approximately 23,100 square feet and described in Exhibit "A" attached hereto and incorporated herein by this reference,said property hereinafter referred to as the"Property";and WHEREAS,the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach,Virginia,by petition addressed to the Grantee so as to change the Zoning Classification of the Property from the A-12 Apartment District to Conditional B-2 General Business District;and WHEREAS,the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation;and WHEREAS,the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning,certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantors'rezoning application gives rise;and GPIN: 2407-46-7406-0000 (Part of) Prepared by: PREPARED BY: R.Edward Bourdon,Jr.,Esq.,VSB#22160 11 WITS,80URDON, Sykes,Bourdon,Ahern&Levy,P.C. AI2N&LEVY,P.0 4429 Bonney Road Suite 500 Virginia Beach,Virginia 23462 WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee,as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation,and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property,which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest,voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning,rezoning,site plan,building permit,or subdivision approval,hereby,by declaration, makes the following proffered conditions and restrictions which shall restrict and govern the physical development,operation,and use of the Property and hereby agrees that this declaration shall constitute zoning district covenants running with the Property which,subject to the right of the Grantee to amend or change its zoning laws and ordinances as provided in Chapter 22 of Title 15.2 of the Code of Virginia,shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives,assigns,grantees,and other successors in interest or title: 1. The Property shall only be used for one (1) or more of the principal uses or conditional uses permittable in the Zoning District which are also designated as compatible("C") with flight operations at N.A.S.Oceana Naval Air Base in the Land Use Tables contained in Article 18,Section 1804(b),Table 1 and Table 2 as of the date this Agreement is put to record in the land records maintained by the Clerk of the Circuit Court of the City of Virginia Beach,Virginia. 2. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to the A-12 and B-2 Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this PREPARED BY, Agreement by City Council,which are by this reference incorporated herein. SYICES,BOURDON. The above conditions,having been proffered by the Grantor and accepted by the Grantee mi Atl£RN&LEVY.P.C. as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property,which includes these proffers,and 2 specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions,however,may be repealed,amended,or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument,provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950,as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded,said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach,Virginia,shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority(a)to order,in writing,that any noncompliance with such conditions be remedied,and (b) to bring legal action or suit to insure compliance with such conditions,including mandatory or prohibitory injunction,abatement,damages,or other appropriate action,suit,or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator,made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court;and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office PREPARED BY: of the Circuit Court of the City of Virginia Beach,Virginia,and indexed in the names of the Grantor WSYY£S.POURDON. and the Grantee. AH£RN&LEVY.P.C. 3 WITNESS the following signature and seal: Grantor: 1900 Virginia Beach Blvd.LP, Virginia BY Oceana Storage, Inc.,a Virginia corpo ation eedd its Gene al P tner .__ partnership By: (SEAL) o. William M.Wilcox, Preside STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this 30th day of August,2022,by William M.Wilcox, President of Oceana Siorage c. rVViil n. Vi ia corporation, a;'.General Partner of 1900 Virginia Beac B v , 4_-12y,a /---m /7 Notary Public My Commission Expires: August 31, 2022 �R 114.1,ENotary Registration Number: 192628 istler. • �,L'r kip* ez: ctx0IPs 41/ 4. %4. t, 005 sY, N.N&c / bpi b. N �s.••.1n00%- PREPARED BY: a1".SYKES,POURDON, AI ERN&LEVY,P.C. 4 EXHIBIT "A" ALL THOSE certain lots, pieces or parcels of land with any improvements thereon and the appurtenances thereunto appertaining, situate, lying and being in the City of Virginia Beach, Virginia being known,numbered and designated LOTS 90 and 91,on the Plat of MAXEY MANOR as recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach,Virginia in Map Book 21, at Page 41, Less and Except that ten foot (10') wide by one hundred and ten foot (110') long strip of property adjacent to Maxey Drive Dedicated to the City of Virginia Beach,as part of that DEED OF DEDICATION dated November 24, 1976 as recorded in the above referenced Clerk's Office in Deed Book 1639,at Page 121. GPIN: 2407-46-7406-0000 (Part of) H:\AM\Conditional Rezoning\Oceana Associates\Maxey Drive\Proffer Agreement.docx PREPARED BY: B SYKES.POURDON, IL AHERN&LEVY,P.C. 5 OW- 09l NI- 06 09 0£Sl 0 6uip�in8 ►aaj • I. 6wuoZ aniaQ AaxeW 911,£ pug £1.£ ` 1.1.E `60£ `LO£ `50£ `£0£ Su°6A,°d Apaaaid I S :paenaino8 yoea8 eiui6ain Z1.61. pug `9061, 17061. `Z061. `0061, aps %// ' �W.`" di "PAie u3ea8 eiuiBaiA 0064 a""SD j i i 1 Cil El ,Il IE trs' aci iii :,,:.2 1 Z9 Z9 i� Z9 � Z9 i 5 iv v -t 1 ,.. (II lal 1 , i '' ze I , if z; , ED - , / ED zly I 1 , , MI -8;13V- - -- i / I inilin. . -- Lite- in i � tpit 73 ITEM— VII.L.4 PLANNING ITEMS ITEM#73902 Upon motion by Council Member Schulman, seconded by Council Member Ross-Hammond, City Council APPROVED, AS CONDITIONED, BY CONSENT, application of SXCW PROPERTIES II, LLC/ VICTOR ALPHA ASSOCIATES, LLC for a Conditional Use Permits re car wash facility & automobile service station at 5480 Virginia Beach Boulevard DISTRICT 4 (formerly District 2 - Kempsville) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA SXCW PROPERTIES II,LLC/VICTOR ALPHA ASSOCIATES,LLC for a Conditional Use Permits re car wash facility& automobile service station at 5480 Virginia Beach Boulevard DISTRICT 4 (formerly (GPIN 1467482294)District 2-Kempsville) The following conditions shall be required: 1. The applicant/owner shall submit a subdivision plat to the Department of Planning & Community Development to create two separate lots. Said plat shall be subject to the review and approval of the Department of Planning& Community Development, and plat shall be recorded with the City of Virginia Beach Circuit Court Clerk's Office within three- hundred sixty-five(365)days from the date of the City Council action. 2. When the site is developed, it shall be in substantial conformance with the submitted Conceptual Site Plan exhibit entitled "SAM'S XPRESS CAR WASH— 5476 VIRGINIA BEACHBLVD., VA VIRGINIA",prepared by Eagle Engineering, dated February 7, 2023, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. A Landscape Plan shall be submitted at the time of final site plan review reflective of the location and plant material depicted on the site layout exhibit referenced in Condition 2 above, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. A four(4)foot wide buffer with an eight (8)-foot tall privacy fence and evergreen shrubs shall be installed along the eastern property line. This is a deviation to the fifteen (15)-foot wide Category IV buffer requirement adjacent to residential or apartment zoning districts. 4. The hedgerow of evergreen shrubs proposed along Virginia Beach Boulevard shall be three(3)to four(4)feet in height at installation and maintained at a minimum height of 10 feet. This is a deviation to the street frontage requirements per the Virginia Beach Landscaping Guide. March 7, 2023 74 ITEM— VII.L.4 PLANNING ITEMS ITEM#73902 (Continued) 5. The exterior of the proposed building,fuel canopy, vacuum canopy, vending enclosure, and dumpster enclosure shall substantially adhere in appearance, size, and materials to the elevations entitled "Sam's Xpress Car Wash—Color Elevations—5480 Virginia Beach Blvd, Virginia Beach, VA,"prepared by Oakline Studio Architecture +Design, and dated November 30, 2022, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 6. All on-site signage must meet the requirements and regulations of the Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals. A separate permit from the Department of Planning and Community Development is required for all signage installed on the site. 7. The freestanding sign shall be monument style with a brick base that matches the brick exterior of the car wash building and substantially adhere in appearance, size, and materials to the submitted freestanding sign exhibit entitled, "SXCW VB Blvd. - Virginia Beach, VA"prepared by ASI Signage Innovations', which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 8. Outdoor vending machines and/or display of merchandise may be permitted only if fully screened from view from the right-of-way as approved by the Planning Director. 9. When developed, a photometric plan for the exterior portions of the property shall be provided as part of the final site plan submittal.All exterior lighting shall be no taller than fourteen (14)feet in height and all lighting shielded and directed down and inward to the property and away from adjacent properties. 10. The hours of operation of the Car Wash Facility shall be limited to the hours of 7:30 a.m. to 9:00 p.m. daily and the Automobile Service Station shall be limited to the hours of 6:00 a.m. to 10:00 p.m. daily. 11. Signage for the site shall be limited to: a. Directional signs b. One(1)pricing board sign c. One(1)monument-style freestanding sign, no more than eight(8)feet in height, set on a brick base to match the building brick and two (2) building and/or canopy signs. d. No striping shall be permitted on the fuel canopy. Signage on the canopy shall not be internally or externally illuminated. March 7, 2023 75 ITEM— VII.L.4 PLANNING ITEMS ITEM#73902 (Continued) e. There shall be no other signs, neon signs, or neon accents installed on any wall area of the building, on the windows and/or doors, canopy, light poles or any other portion of the site. f Any onsite signage shall meet the requirements of the City Zoning Ordinance(CZO), unless otherwise approved by the Board of Zoning Appeals, and there shall be no neon, other than individual channel letters lighted with internal neon and as approved by the Zoning Administrator, or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows, or on the doors. There shall be no window signage permitted. The building signage shall not be a "box sign"and the proposed sign package shall be submitted to the Zoning Administrator. 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 7th day of March Two Thousand Twenty Three. Voting: 10-0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,N.D. "Rocky" Holcomb,Robert W. "Worth"Remick,Dr.Amelia N.Ross-Hammond,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse March 7, 2023 / i i ff < B2 B2 a, � � B-2 B�2 / -0 B2 A18 A18 / - _, ,,,,,, +it B� �h B2 B2 04/�, o B2 B2 / , a Ic N Suite SXCW Properties II, LLC W., �� _F 5480 Virginia ��'� ���� Site Beach Boulevard S Property_Polygons Zoning - m Feet Building 0 2040 80 120 160 200 240 76 ITEM— VII.L.5 PLANNING ITEMS ITEM#73903 Upon motion by Council Member Schulman, seconded by Council Member Ross-Hammond, City Council APPROVED,AS CONDITIONED,BY CONSENT,application of VB BTS II,LLC/VIRGINIA ELECTRIC AND POWER COMPANY d/b/a DOMINION ENERGY VIRGINIA for a Conditional Use Permit re communication tower at 568 North Lynnhaven Road DISTRICT 8 (formerly District 5 - Lynnhaven)Deferred from February 7, 2023 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA VB BTS II, LLC/ VIRGINIA ELECTRIC AND POWER COMPANY d/b/a DOMINION ENERGY VIRGINIA for a Conditional Use Permit re communication tower at 568 North Lynnhaven Road(GPIN 1487983864) DISTRICT 8(formerly District 5-Lynnhaven)Deferred from February 7, 2023 The following conditions shall be required: 1. The Communication Tower shall be located within the lease area and developed substantially in conformance with the submitted plan packaged entitled "US-VA_5087 (KINGS GRANT—568 N. Lynnhaven Road— Virginia Beach, VA 23452", prepared by Vertical Bridge, and dated 11/30/2022 February 21, 2023, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. A full structural report shall be submitted during detailed site plan review. 3. A depiction of the location of required FCC hazard safety signage on the site, if any, and sign diagrams shall be required during detailed site plan review. 4. Subject to federal law, the maximum height of the tower shall be 130 119 feet above ground level, inclusive of the lightning rod. 5. As required by Section 202 of the City Zoning Ordinance(CZO), the applicant shall obtain a Determination of No Hazard (DNH) to Air Navigation from the Federal Aviation Administration/Obstruction Evaluation Office (FAA/OE) and shall submit a copy during detailed site plan review. No building permit shall be issued until the tower is determined to be a non-hazard to air navigation. 6. No signs indicating the location of this facility are allowed. 7. In the event that the antennae on the tower are inactive for a period of two years, the tower, antennas, and related equipment shall be removed at the applicant's expense. March 7, 2023 77 ITEM— VII.L.5 PLANNING ITEMS ITEM#73903 (Continued) 8. During construction, the applicant shall preserve the large existing trees along the southeastern side of the gravel access road and those surrounding the fenced compound. During construction, the applicant shall only remove trees located within the fenced compound and at the entrance to the property as indicated on Sheet Z-3 of the Concept Plan. 9. The applicant shall replace the existing landscaping along N. Lynnhaven Road with new landscaping and will install additional landscaping southeast of the entrance on N. Lynnhaven Road, as depicted on the Concept Plan. This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 7th day of March Two Thousand Twenty Three. Voting: 9-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley, N.D. "Rocky" Holcomb, Robert W. "Worth"Remick, Dr.Amelia N. Ross-Hammond,Joashua F. "Joash"Schulman, Chris Taylor and Sabrina D. Wooten Council Members Abstaining: Vice Mayor Rosemary Wilson Council Members Absent: Jennifer Rouse March 7, 2023 47,....40101.1.11411N.47.4 I Scity of Virginia is Beach I• Of VBgev.00at ROSEMARY WILSON PHONE:(757)422-0733 VICE MAYOR RCWIIsonOVbpDV.COm COUNCIL MEMBER—AT-LARGE In Reply Refer to 0081152 March 7,2023 Mrs.Amanda Barnes City Clerk Municipal Center Virginia Beach,Virginia 23456 Re: Abstention Pursuant to Virginia Code§ 2.2-3115(F) Dear Mrs. Barnes: Pursuant to the Virginia Conflict of Interests Act, Section 2.2-3115(F),Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding the City Council's discussion and vote on the application of VB BTS II,LLC/Virginia Electric and Power Company d/b/a Dominion Energy Virginia for a conditional use permit at 568 North Lynnhaven Road. 2. I have a personal interest in Dominion Energy. Its corporate street address is 120 Tredegar Street,Richmond,Virginia 23219. 3. I hereby disclose this interest,and I abstained from the City Council's consideration of this item. I respectfully request that you record this declaration in the official records of the City Council. Thank you for your assistance in this matter. 921 ATLANTIC AVENUE,UNIT 502,VIRGINIA BEACH,VIRGINIA 23451 Mrs. Amanda Barnes -2- March 7, 2023 Re: Abstention Pursuant to Virginia Code § 2.2-3115(F) Sincerely, 1('('64-vL-..._,' Rosemary A. Wil n Councilmember RAW/RRI W : z ico � O , . 3 N , ., o o 0 O , ,,. \ O N , „\\4;\ \ O , O \ O _J V 0 O Ce r L U = iti —I, > J as t u) _ CO J 03 Ft 0 O Z fie ' ,,/ . , 00 co , # ii , AL6 < - guy t ''''' \ u) U fY , \j\ ,-7' ."'`\ \ ,i';i'-- -- w , o I hi: m Ce O Q 78 ITEM— VILL.6 PLANNING ITEMS ITEM#73904 Upon motion by Council Member Schulman, seconded by Council Member Ross-Hammond, City Council APPROVED, BY CONSENT, Ordinance to AMEND City Zoning Ordinance (CZO) Section 2004 re dimensional and other requirements in the Historic Kempsville Area Overlay District (Sponsored by Council Member Berlucchi) Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth"Remick, Dr.Amelia N. Ross-Hammond,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse March 7, 2023 1 REQUESTED BY COUNCILMEMBER BERLUCCHI 2 3 AN ORDINANCE TO AMEND SECTION 2004 4 OF THE CITY ZONING ORDINANCE 5 PERTAINING TO DIMENSIONAL AND 6 OTHER REQUIREMENTS IN THE HISTORIC 7 KEMPSVILLE AREA OVERLAY DISTRICT 8 9 Section Amended: § 2004 of the City Zoning 10 Ordinance 11 12 WHEREAS, the public necessity, convenience, general welfare and good zoning 13 practice so require; 14 15 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 16 BEACH, VIRGINIA: 17 18 That Section 2004 of the City Zoning Ordinance is hereby amended and 19 reordained to read as follows: 20 21 Sec. 2004. Dimensional and other requirements; density; landscape screening 22 and buffering. 23 24 Subject to the provisions of section 2003 of this ordinance, dimensional and other 25 requirements for uses and structures located within the Historic Kempsville Area 26 Overlay District shall be as specified in the underlying zoning district; provided, 27 however, that: 28 29 (a) The density of multiple-family dwellings shall not exceed eighteen (18) units 30 per acre or the maximum density permitted by the regulations of the underlying 31 zoning district, whichever is the lesser, on a zoning lot. Through the 32 Conditional Use Permit process, City Council may approve additional units 33 above the eighteen (18) units per acre up to twenty-four (24) units per acre to 34 allow for development outside of environmentally sensitive areas if the 35 following considerations apply: 36 37 a.The property is irregularly shaped; and 38 39 b. The property is impacted by environmental constraints such as, but not 40 limited to, Floodplain, Chesapeake Bay Preservation Area, Southern 41 Rivers Watershed Management; and 42 43 c. The massing and scale of the proposed development is consistent with 44 the character of the surrounding property. 45 1 46 (b) Where a zoning lot within the B-2(HK) or B-4(HK) district adjoins any district in 47 which single-family dwellings, duplexes, attached dwellings or multiple-family 48 dwellings are permitted as a conditional or principal use, without an intervening 49 street, alley or body of water over twenty-five (25) feet in width, a fifteen-foot 50 minimum yard shall be required along all lot lines adjoining such district. 51 Category IV landscape screening shall be required, and no other uses or 52 structures shall be permitted, within the yard. 53 54 (c) The requirements within the B-4K (HK) Mixed Use Business District for 55 minimum lot area, width, yard spacing and maximum lot coverage for residential 56 dwellings and commercial structures are set forth in Article 9 of this ordinance. 57 58 • • • • Adopted by the Council of the City of Virginia Beach, Virginia, on the 7 th day of March , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 21anning Department City A torney's Office CA15959 R-6 January 31, 2023 2 79 ITEM— VLM APPOINTMENTS ITEM#73905 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: ACTIVE TRANSPORTATION ADVISORY COMMITTEE BAYFRONT ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY CRIMINAL JUSTICE BOARD COMMUNITY ORGANIZATION GRANT REVIEW AND ALLOCATION COMMITTEE COMMUNITY POLICY AND MANAGEMENT TEAM GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION IN-HOUSE PHARMACY EXPLORATORY COMMITTEE MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE SOCIAL SERVICES ADVISORY BOARD TA/ITA CITIZENS ADVISORY COMMITTEE TIDEWATER COMMUNITY COLLEGE BOARD URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT COALITION March 7, 2023 80 ITEM— VLM APPOINTMENTS ITEM#73906 Upon motion by Council Member Holcomb to temporarily suspend City Code Section 2-3(a),for this motion only, seconded by Council Member Ross-Hammond, City Council APPOINTED: THOMAS LEWIS PA ULETTE DIAZ-REED Three year term INDEPENDENT CITIZEN REVIEW BOARD * In accordance with the City of Virginia Beach Independent Citizen Review Board Policy and Procedures,these appointments are conditioned on each appointee's completion of required training,at which time the appointee's term will begin. Voting: 10-0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,N.D. "Rocky" Holcomb,Robert W. "Worth"Remick,Dr.Amelia N.Ross-Hammond,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse March 7, 2023 81 ADJOURNMENT ITEM#73907 Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 6:36 P.M. .4‘ ius Chief Deputy City Clerk gill 1AI A- da Ba es Robert M. Dyer City Clerk,MMC Mayor City of Virginia Beach Virginia March 7, 2023 82 OPEN DIALOGUE The following registered to speak: Barbara Messner, P. O. Box 514, was not in attendance Steven Gibson, 6200 Oceanfront Avenue, Phone: 617-2824, spoke concerning dune protection Gary Sharpe, 6200 Oceanfront Avenue, Phone: 544-0885, spoke concerning dune protection ADJOURNED AT 6:47 P.M. March 7, 2023