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HomeMy WebLinkAbout3-21-2023 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR ROBERT M. "BOBBY"DYER,At Large GOA•BE4 VICE MAYOR ROSEMARY WILSON-District 5 J` "�`6/Y:L MICHAEL F.BERLUCCHI-District 3 O O BARBARA M.HENLEY-District 2 H N.D. "ROCKY"HOLCOMB-District 1 U J a ROBERT W. "WORTH"REMICK-District 6 "` •I 't DR.AMELIA N.ROSS-HAMMOND-District 4 JENNIFER ROUSE-District 10 0``' JOASHUA F. "JOASH"SCHULMAN-District 9 :IRVL-4-4: c °"CHRIS TAYLOR-District 8 SABRINA D. WOOTEN-District 7 L BUILDINGCITY COUNCIL APPOINTEESUHOUSEDRIVECITY MANAGER PATRICK A.DUHANF,Y VIRGINIA BEACHIRGINIA 23456 CITY ATTORNEY-MARK D.STILES CITY COUNCIL AGENDA PHONE:(757)385-4303 CITY ASSESSOR-SUE CUNNINGHAM FAX(757)385-5669 CITY AUDITOR-LYNDONS.REMIAS March 21, 2023 EMAIL:CITYCOUNCIL@VBGOV.COM CITY CLERK-AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL'S BRIEFINGS - Conference Room- 1:00 PM A. DOZORETZ HOSPICE HOUSE OF HAMPTON ROADS UPDATE Lynn Clements, Executive Director (Requested by Mayor Dyer and Council Member Ross-Hammond) B. FLOOD PROTECTION PROGRAM & CAPITAL IMPROVEMENT UPDATE 1:30 PM Jeffrey Waller, Chair—Flood Prevention Bond Referendum Oversight Board Leisha Pica, Program Manager—Jacobs Engineering Toni Utterback, Stormwater Engineering Center Administrator—Public Works II. CITY MANAGER'S BRIEFING A. PROPOSED FY 2023- 24 RESOURCE MANAGEMENT PLAN (Budget) 2:00 PM Kevin Chatellier, Director—Budget and Management Services III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:00 PM IV. CITY COUNCIL AGENDA REVIEW 3:15 PM V. INFORMAL SESSION - Conference Room- 3:30 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION The Reverend Melody Perdue, Associate Rector Eastern Shore Chapel Episcopal Church C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL and FORMAL SESSIONS March 7, 2023 2. FORMAL SESSION March 14, 2023 H. MAYOR'S PRESENTATIONS 1. RESOLUTION - Lynnhaven Middle School Baseball Team 2. CERTIFICATE OF RECOGNITION WORLD DOWN SYNDROME DAY- Travis Thereault 3. PROCLAMATION - Women's History Month Keona Dooley accepting I. PUBLIC HEARING 1. DEDICATION OF UTILITY EASEMENT TO DOMINION ENERGY VIRGINIA at 1525 Salem Road J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES /RESOLUTIONS 1. Ordinance to DECLARE an Easement in EXCESS of the City's needs and AUTHORIZE the sale of the Easement to Lumos Network, Inc. re installation and maintenance of fiber optics facilities 2. Ordinance to AUTHORIZE the City Manager to EXECUTE an Amendment to the Lease Agreement with Dolphin Run Condominium Association,Inc. for City-Owned property at 3rd Street and Atlantic Avenue re overflow parking lot for registered guests 3. Ordinance to GRANT Nineteen (19) Franchise Agreements for Outdoor Cafes in the Resort Area a. Atlantic Lobsta, LLC, t/a Mason's Famous Lobster Rolls Cafe re sidewalk café at 600 Atlantic Avenue b. Harvest VB, LLC, t/a Harvest Café re sidewalk café at 1718 Atlantic Avenue c. Colonial Inn VB, LLC, t/a Fishtails Café re boardwalk café at 2809 Atlantic Avenue d. Arnav 138 Hotel,LLC,t/a Barclay Towers Café re boardwalk café at 809 Atlantic Avenue e. Guru Parab, LLC, t/a Ocean's 14 Café re boardwalk café at 1401 Atlantic Avenue f. Ocean Fifteen, Inc.,t/a Mediterranean Grill Café re sidewalk café at 1508 Atlantic Avenue g. Virginia George Co., Inc., t/a Dough Boys café re sidewalk café at 1700 Atlantic Avenue h. Beach Conveniance,LLC,t/a The Sweet Spot Cafe re sidewalk café at 1718 Atlantic Avenue, Unit 102 i. G 21st Street, Inc., t/a Guad's Café re sidewalk café at 200 21 st Street j. La Herradura, t/a La Herradura Café re sidewalk café at 2006 Atlantic Avenue k. PizzaManiac, Inc., t/a 204 Pizza Café re sidewalk café at 204 22nd Street 1. Oceanside Investment Associates, LP, t/a Hemingway's Restaurant & Café re boardwalk café at 2101 Atlantic Avenue m. Young Veterans, LLC, t/a The Bunker Brewpub Café re sidewalk café at 211 21st Street n. 27th F&B, LLC, t/a Ocean 27 Cafe re boardwalk café at 2701 Atlantic Avenue o. 27th Street Hotel, LLC, t/a The H Bar Cafe re boardwalk café at 2705 Atlantic Avenue p. 3107 Atlantic, LLC, t/a North Beach Bar & Grill Café re boardwalk café at 3107 Atlantic Avenue q. 3501 Atlantic, LLC, t/a Cabanas Café re boardwalk café at 3501 Atlantic Avenue r. Fogg's Seafood Company, t/a Waterman's Surfside Grille Cafe re boardwalk café at 415 Atlantic Avenue s. Mahi Mah's, LLC, t/a Mahi's Café re boardwalk café at 615 Atlantic Avenue 4. Ordinance to TEMPORARILY increase the Parks and Recreation Commission membership (Requested by City Council) 5. Resolution to SUPPORT the Virginia America 250 Commission re aid in planning for the commemoration period (Requested by Mayor Dyer, Vice Mayor Wilson, and Council Members Berlucchi, Holcomb, Remick, Ross-Hammond and Schulman) 6. Resolution to AUTHORIZE travel reimbursement for the City Council Members who attend the Chamber of Commerce Leadership Exchange in Charleston, South Carolina, re out-of- city/out of region travel policy (Requested by Mayor Dyer) 7. Resolution to CONCUR with Personal Property Assessment Methodology for vehicles re Calendar Year 2023 (Requested by the Commissioner of the Revenue) 8. Ordinance to AMEND Calendar Year 2023 Tax Levy on Personal Property and Machines and Tools (Requested by the Commissioner of the Revenue) 9. Ordinance to ESTABLISH Capital Project #100656, "Sheriff's Office Body Worn Cameras," and to APPROPRIATE $640,123 of Fund Balance from the General Fund re purchase of 220 body worn cameras (Requested by the Virginia Beach Sheriffs Office) 10. Resolutions to REQUEST the Virginia Department of Transportation (VDOT) to ACCEPT Additional Streets and Corrections/Deletions to the Road Inventory re Urban Maintenance Payments 11. Resolution to APPROVE the City's Participation in the proposed settlement re Opioid-Related Claims 12. Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned property known as Island Lake, located at the rear of 2421 Broad Bay Road re maintain the existing pier, an open-sided boat lift, and to construct and maintain a pier addition, float and gangway and a vinyl bulkhead District 8 (Formerly District 5 —Lynnhaven) 13. Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned property known as Lake Wesley, located at the rear of 545 Virginia Dare Drive re construct and maintain a pier with a gazebo roof structure, a ramp and boat lift, and to maintain an existing floating dock with thirteen (13) piles District 5 (Formerly District 6—Beach) 14. Ordinance to AUTHORIZE temporary encroachment into a portion of a City-Owned utility easement located at 502 Viking Drive re construct and maintain a doubled faced lighted cabinet identification sign District 3 (Formerly District 6—Beach) 15. Ordinance to AUTHORIZE temporary encroachment into a portion of City right-of-way known as Atlantic Boulevard(Commonly Referred to as the"City Greenbelt"),adjacent to 415 Atlantic Avenue re relocate and maintain an existing wood deck with a 13-foot-high trellis and wood planters District 5 (Formerly District 6—Beach) 16. Ordinance to ACCEPT and APPROPRIATE $800,543.46 from the Virginia Department of Transportation (VDOT) to Capital Project #100423, "Traffic Safety Improvements IV" re returned local funds 17. Ordinance to ACCEPT and APPROPRIATE $784,142 reimbursement from Mancon, LLC, and TRANSFER $104,663 from the personnel accounts and $652,200 from the capital outlay accounts to the FY 2022-23 City Garage Internal Service Fund Operating Budget re increase cost of parts L. APPOINTMENTS ACTIVE TRANSPORTATION ADVISORY COMMITTEE AUDIT 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 PERSONNEL BOARD PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE SOCIAL SERVICES ADVISORY BOARD TIDEWATER COMMUNITY COLLEGE BOARD TA/ITA CITIZENS ADVISORY COMMITTEE TIDEWATER COMMUNITY COLLEGE BOARD URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT COALITION M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT *********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ************************* The Agenda(including all backup documents) is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting, please submit your request to TChelius@vbgov.com or call 385-4303. Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/vbgov/onstage/g.php?MTID=e793c26c76dceff5e0422b2a607a1 e694 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on March 21, 2023. MAYOR ROBERT M. "BOBBY"DYER PRESIDING I. CITY COUNCIL'S BRIEFINGS - Conference Room- 1:00 PM A. DOZORETZ HOSPICE HOUSE OF HAMPTON ROADS UPDATE Lynn Clements, Executive Director (Requested by Mayor Dyer and Council Member Ross-Hammond) B. FLOOD PROTECTION PROGRAM & CAPITAL IMPROVEMENT UPDATE 1:30 PM Jeffrey Waller, Chair—Flood Prevention Bond Referendum Oversight Board Leisha Pica, Program Manager—Jacobs Engineering Toni Utterback, Stormwater Engineering Center Administrator—Public Works II. CITY MANAGER'S BRIEFING A. PROPOSED FY 2023-24 RESOURCE MANAGEMENT PLAN (Budget) 2:00 PM Kevin Chatellier, Director—Budget and Management Services III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:00 PM IV. CITY COUNCIL AGENDA REVIEW 3:15 PM V. INFORMAL SESSION - Conference Room- 3:30 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION -City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby"Dyer B. INVOCATION The Reverend Melody Perdue, Associate Rector Eastern Shore Chapel Episcopal Church C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL and FORMAL SESSIONS March 7, 2023 2. FORMAL SESSION March 14, 2023 H. MAYOR'S PRESENTATIONS 1. RESOLUTION - Lynnhaven Middle School Baseball Team 2. CERTIFICATE OF RECOGNITION WORLD DOWN SYNDROME DAY- Travis Thereault 3. PROCLAMATION - Women's History Month—Keona Dooley accepting lA-$�� 4Gt-.�_. EAr,'� - L frri-P'fr O i`, "' .mot) 5 c\ y y.}t U 4°A N`�.... � 2 t �TkL�S . l Nry 4:4 �F JUR NATO totiamation Whereas: Throughout our history,women have been pioneers in all areas of society,from the arts and sciences to medicine and public service;and Whereas: Women have significantly influenced public policy awl contributed to the building of viable institutions and organizations that continue to support our communities today;and Where-as: The knowledge,skiffs,and abilities of women contribute to a more robust workforce and more prosperous economy;and Whereas: 'Women's.ifrstory:41onth was first recognized in 1987 6y Congress and enacted by the President after years of lobbying by the National'Women's Ifistory Project;and Whereas: In 1988,51,feyera E.Oberndorf became the first female mayor for the City of Virginia Beach,and during her term in office,the.Yuman sights Commission was established to advocate and support human rights,diversity,and inclusion within Virginia Beach;and Whereas: We remember the great American women who fought for suffrage,advanced our democracy through the extension of the centennial and Whereas: 'The Equal-Suffrage League of Virginia was founded in 1906 and the Virginia Beach Chapter was founded November 8,1916,in Virginia Beach by•Yenry Etta Mornss Land;Chairman;and Whereas: Virginian women have been leaders,not only in securing their own rights of suffrage and equal opportunity, but also in the abolitionist movement,emancipation movement,industrial tabor movement,civil rights movement,peace movement,and more that aim to create a more fair and just society for all;and Whereas.: The City of Virginia Beach is committed to empowering women, recognizing,and celebrating the contributions that they make towards building and strengthening our Virginia(Beach communities. 's Now,'Therefore I,Rgbert M. "Bobby"(Dyer,94ayor of the City of`Virginia Beach,Virginia,do hereby proclaim.• !March 2023 Women's JIstory Month In Virginia Beach,furthermore,call-upon the citizens,government agencies,public and-private institutions, businesses,and schools in Virginia Beach to recognize the contributions of women to the history and development of the city,state,and nation and to commemorate this month with appropriate activities In Witness Whereof, I have hereunto set my hand and caused the Official Seal of the City of Virginia (Beach, Virginia, to be affixed this Twenty-(First(Day of'March,Two' housand and'Twenty-Three. i vi- '' ''' .-11,t-lei-e--<_/ 1pbert 512. "Bobb),"(Dyer 2., 'Mayor >-,, 44***---' - sk 4s fk, r,0 - OUR NAh°, -1 City of`�irginia Beach Certificate of Recognition Presented to Travis rlliereauft March 21st is WorldDown Syndrome Day, and it brings forth opportunities of appreciation and understanding of people who have'Down syndrome. We have a young man with us today who is known to many in the community and has been such a shining star in the lives of so many. A resident of Virginia Beach, Travis Thereault, was born May 13, 1986. Travis was born with Down syndrome, which is the most common type of chromosomal-birth disorder, appro.Vmately affecting 1 in 700 babies.After early and regular developmental intervention through theVirginia Beach "Infant Stim Program," directed by Phyllis Jackson, Travis was enrolled in the Virginia Beach Public School System. 9-fe started preschool at age 2 where he learned foundational sells which set the stage for future success. 'From this program, Travis began attending his neighiborhoodschools and was success fully included in regular education with some special education support. 2fe graduated from Coxxigh School in 2005 and this is where lie discovered his love for theater and theater production. Today, Travis works for Kroger Grocery Store on Shore Drive. Ifs love of peopk and desire to help are the perfect combination for success. On March 13, 2023, Travis cerebrated his 13th Anniversary. While at Kroger, Travis has received numerous awards and appreciation from the community. Most recently, he received an award for"More Than 2 Perfect Shoppers". Travis performs the duties of a courtesy clerkand bagger, and the "Perfect Shoppers" award is phenomenal as it reflects on his ability to serve people! Music is one of Travis'greatest loves. 2-fe serves somewhat as an unofficial ambassador at various venues at the Oceanfront and-Town Center. Some visitors to the resort have been seeing him since he was a child in this capacity and enjoy him as much as the music! While there have been challenges in life and likely more to come, let there be no doubt that Travis is ready to take the hurdles in stride with his joyous, winning ways.2fe has done this his entire life. In fact, he has made this city a better place to live Because of who he is andfor that--andfor him--we are grateful In Witness Where , I have hereunto set my hand and caused the Official Seal of the City of Virginia Beach, Virginia, to Be affixed this Twenty-'First Day of March, Two Thousand Twenty-Three. P ..-. 9Zgbert Y. "Bobby,Dyer s , Mayor I. PUBLIC HEARING 1. DEDICATION OF UTILITY EASEMENT TO DOMINION ENERGY VIRGINIA at 1525 Salem Road \NIA•8� u's 7 PUBLIC HEARING DEDICATION OF EASEMENT The Virginia Beach City Council wit hold a PUBLIC HEARING at its formal session on Tuesday,March 21,2023,at 6:00 p.m.in the Council Chamber,City Hall - Bldg. 1, Virginia Beach Municipal Center, 2401 Courthouse Drive,Virginia Beach, Virginia 23456.The purpose of this hearing will be to obtain public input on the disposition and dedication of a 2,679 sq.ft.(0.06150 acre)utility easement to Dominion Energy Virginia to provide electrical power to HRSD Facilities on City-owned property at 1525 Salem Road(GPIN:1475-77-5681). If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303; Hearing impaired, call 1-800828-1120 (Virginia Relay - Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Department of Public Works/Real Estate,2473 N.Landing Road, Building 23, Municipal Center at (757)385-4161. If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: 1. Register for the WebEx at t ttps;//vbgnv wehex.cont/vhgov/nnej ge,/g php'MTln=e793n26c76dceff5P0 422b2a607a1e694 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on March 21,2023. All interested parties are invited to participate. Amanda Barnes.MMC City Clerk BEACON: 3/12/2023 4r61- CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the Dedication of a 2,679 sq. ft. (0.06150 acre) Utility Easement to Dominion Energy Virginia over City-owned Property located at 1525 Salem Road to serve HRSD Facilities PUBLIC HEARING DATE: March 21, 2023 MEETING DATE: April 4, 2023 • Background: The City of Virginia Beach (the "City") owns a parcel of land known as Salem Woods Park, located at 1525 Salem Road (GPIN: 1475-77-5681) (the "Property"). Hampton Roads Sanitation District ("HRSD") is constructing facilities within their easement on the Property and have requested that the City grant a 2,679 sq. ft. (0.06150 acre) utility easement over the Property to Dominion Energy Virginia (the "Easement"). The Easement will allow Dominion Energy Virginia to install and maintain underground cables to provide electrical power to the HRSD facilities. • Considerations: The Easement is needed for HRSD to move forward with its facility project. • Public Information: A public hearing will be held on March 7, 2023, and public notice of the hearing will be advertised in The Virginian-Pilot-Beacon and provided via the normal City Council agenda process. • Alternatives: Deny the request, or add conditions as desired by Council. • Recommendations: Approval. • Attachments: Ordinance, Exhibit A, Location Map, and Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager: /0-9 1 AN ORDINANCE AUTHORIZING THE DEDICATION 2 OF A 2,679 SQ. FT. (0.06150 ACRE) UTILITY 3 EASEMENT TO DOMINION ENERGY VIRGINIA 4 OVER CITY-OWNED PROPERTY LOCATED AT 5 1525 SALEM ROAD TO SERVE HRSD FACILITIES 6 7 WHEREAS, the City of Virginia Beach (the "City") owns a parcel of land 8 known as Salem Woods Park, located at 1525 Salem Road (GPIN: 1475-77-5681) 9 (the "Property"); 10 11 WHEREAS, Hampton Roads Sanitation District ("HRSD") has requested 12 that the City dedicate to Dominion Energy Virginia ("Dominion") a 2,679 sq. ft. 13 (0.06150 acre) utility easement over a portion of the Property, as shown on Exhibit 14 A attached hereto (the "Easement"); and 15 16 WHEREAS, the Easement would allow Dominion to install and maintain 17 underground cable, which would provide electrical service to new HRSD facilities 18 being installed on the Property within HRSD's existing easement. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 21 CITY OF VIRGINIA BEACH, VIRGINIA: 22 23 That the City Manager is hereby authorized to execute any documents 24 necessary to dedicate a utility easement to Dominion over the Property, as shown 25 on the plat attached hereto as Exhibit A, and made a part hereof, and such other 26 terms, conditions and modifications as may be acceptable to the City Manager and 27 in a form deemed satisfactory by the City Attorney. 28 29 Adopted by the Council of the City of Virginia Beach, Virginia on the 30 day of , 2023. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY • City Attorney Public Wor s, Real Estate CA16035 R-1 February 23, 2023 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d002\p043\00862686.docx THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS 1 EXHIBIT C1 So„,.;tire\ S'4L N?041'F Tf A � e44 4140(.14t A N 3,457,969.0287 / (vt�R fib A 0 79, c00 ��� E 12,177,647.8971 // / C2 P J/1990,4�` sPJP a6e'�l 11,t0 . / / qRN� TFM sON" / / 38 40' F f�Q J •Pi,� * / / A'� . �'�W°y�f��tiF"P II / / / D ' Q / PROPERTY OF SITE/ '; ��4,t / S / CITY OF VIRGINIA BEACH / / D.B. 2033, P. 525 C6 LYHHHAVEH WV M.B. 225, P. 56 °j / / M.B. 142, P. 7 ,' LOCATION MAP SCALE: 1" = 1200' Zo / GPIN:1475-77-5681 W / 3 VIRGINIA ELECTRIC AND POWER PROPERTY OF COMPANY, DOING BUSINESS AS / 1`, CITY OF DOMINION ENERGY VIRGINIA h ZO'DRAINAGE& sv VIRGINIA BEACH EASEMENT RIGHT-OF-WAY DATA jy UTILITY EASEMENT ^R� D.B.3122,P.1428 n / (M.B.225,P.56) H.B.222,P.70 PROPERTY OF = / / CITY OF GRIN:1475-77-8058 R/W PLA T: 25-22-0059 VIRGINIA BEACH WORK REQUEST: /10426464 D.B.2820,P.668 GRID: N0814 D.B.2812,P.434(PLAT) / GRIN:1475-78-1072 / RIGHT-OF-/ / / LEGEND / / ,1 PIN FOUND OR / p: AS NOTED / „ DENOTES PROPOSED DOMINION ino / o c ti; ENERGY EASEMENT PROPOSED 15' DOMINION ENERGY EASEMENT z of co y'✓ AREA 2,679 S.F. OR 0.06150 AC. / / , 2,679 S.F. OR 0.06150 AC. x co CITY PROPERTOYFOF �� 11 —52942'55"E 70.00 8g 3 68G229E,BP cv 5311 NOTES: ,� . MB.136,P.26 / ^ 59.36' GRIN:1475-76-8771 / a N29-42'55"W f� 1. THE MERIDIAN SOURCE OF THIS PLAT IS BASED ON THE VIRGINIA STATE / Z g ,Qi PLANE COORDINATE SYSTEM. SOUTH ZONE, NAD 1983/1993 (HARN). W COORDINATE VALUES SHOWN HEREON ARE EXPRESSED IN U.S. SURVEY FEET AND ARE DERIVED FROM GPS UTILIZING THE CITY OF VIRGINIA / / h n I waETA BEACH VIRTUAL REFERENCE STATIONS (VRS) NWORK. N 3,457,824.9365 / / ' -, `' ?S g 2. THIS PLAT IS A RESULT OF A FIELD SURVEY OF EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON. E 12,177,050.9619 87.00' W > - —� —' N 29'42'S5"W 1718.41'(O.A) 5;,./ -� 3. THIS PLAT WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. 15 90' SALEM WOODS o e SECTION NINE 28.17' 4. THIS PLAT IS INTENDED FOR ACQUISITION PURPOSES ONLY AND DOES NOT SALEM WOODS - SECTION SIX BLOCK D 0 I BLOCK D (M.B. 149, P. 42) 8 �_ (M.B. 160, P• S2) CONSTITUTE A SUBDIVISION OF LAND. • t ( 1 17 I 618) ...7 19) ,'.1) 5. EASEMENT TO BE ACQUIRED BY DEED. r i`4) NOW OR FORMERLY NOW OR FORMERLY ` NOW OR FOP.RERLY NOWet OF!fORHERLY /NOW OR FORMERLY 'V a• NOW OR FORMERLY DANNY H.MILLER AHAHOA HAYES a RONALD F.VEROSTEK FRANKLIN D.HOWLETT WAROR G.CASTILLO SALEM WOODS A or• Ix 202103064035 CESAR E.P.EYES &ANGELA D.MILLER JEDIDDAH HAYES / 8 HIDA P.CASTLLO 8 MARGIE G.VEROSTEK PLAT SHOWING SECTION ONE 4:' &MYRNA F.REYES D.B.29L2,P.561 I.H.2421030336L1 D.B.2231,P.1454 D.B.3633,P.1260 uRR4 1L75-77-069? „ GRIN:1475-77-3134 PROPOSED DOMINION ENERGY BLOCK A k OB 2229,P.98L GRIN:1475-77-2414 GM:1475 77-2372 DP84 1L75-77-..SL (M.B. 134, P. 13) ,t, O` i-1 GPlN:1L75-77-1556 � y H4g A4jcp�'�\ CURVE DATA CHART EASEMENT 1 w a' RW�0U0"�Rli TO BE ACQUIRED FROM THE ue 2� c.dL�d NUMBER ARC RADIUS DELTA ANGLE TANGENT CHORD BEARING CHORD LENGTH " '�Sb>9B`° CITY OF VIRGINIA BEACH CQ? NW' ;f 1�6 Cl 383.73' 521.00' 42'12'00" 201.04' S 37'44'28"E 375.12' G> f2p pot441, C2 368.50' 2805.29' T31'35" 184.52' S 12'52'41"E 368.24' DEPARTMENT OF PUBLIC WORKS.ENGINEERING GROUP,SURVEY BUREAU '` s'g6 c� C3 48.72' 42.55' 65'36'15" 27.42' N 67'34'06"W 46.10' 3. REVERE OE gbh ��pyTH OF TEL(757)3$5-4131;2473 N.LANDING ROAD;BLDG.2.,,ROOM 160 DRIVE Rey , VIRGINIA BEACH,VIRGINIA 23456 (50' R/V'I) \ f BY APPROVAL,THE UNDERSIGNED DOES NOT CERTIFY AS TO THE CORRECTNESS OF THE N.B.134,P.13) (4(o R�VF�''gRA, oQ''I)'. �1lith '� BOUNDARY, STREETS OR OTHER LINES SHOWN ON THIS PLAT. EXISTING PUBLIC RIGHT-OF-WAY, 9 Tfg P. ) U Lire` 425�a NOTEASEMENTS OR OTHER PUBUC TERMINATED OR EXTINGUSHEDRESTS NOT BY OMISSIONHOWN ON FFROM THISHIS PLATLAT REMAIN IN EFFECT AND ARE o 60' 120'IMIBMIMMI _f1 /� �O `'•_ `� SURN ' APPROVED: DATE: GRAPHIC SCALE CITY Of VIRGINIA BEACH ` DIRECTOR OF PUBLIC WORKS, CITY OF VIRGINIA BEACH 1"=f>O' AUGUST 1.2022 DRAWN BY:DWD JOB#2202.19 I • dl,(\,.p\ \ , 6 f ii L.„0".AL4,' * , S•,1,' / ' . 0-: 1147i .IIIIII . - •, -# '4kN' s 6-- 6. -- 0 ,. III 40 iii lii . , • .4 . „ , ..11111111kallit177,11 111.. ":All C/CC7- * ,100 , il':' , 0114 , I, lin sill i rretiriti v, • Ak, ILL ..11 •. 4/A,.,... filee, i i ... -di . ; . k .. J . .0:....47,..4, + 4.0 ! 11 I FilliriAiterl 11111,.: ,.; iiik 11011111M11.605,6iiik IIPPP' 00111 ,./ .. D 1111110iikAiTi spa_elsit‘Ncic'Ds, - - 7 - . __ .73 . . --. :, • /. .3./.... „. ,--,. .,..--, -10 ,/, • , \ . - . ilitimaSik 401 4711FALK/Ric ,G tafflOg s .A . ilrialielow • lit‘P.---1 . . .. . . , . , _ ... .....„, . . 3,0.... ._: / , 0: .... „ . , . ... ,. .... N '16.031irte . mosiTirivDili„ ly4fitaRitaisb, , 0, Wile 11111111 lbw iiii: • III_Sr_gro.its\Dipliallifirlitraisiot ., , . . •, ,Lir:- • ., , ,y . livoLBR __ ... . k, . ... , . . .. _ - Dok 11111i o ctEmsfog LOCATION MAP Legend ' EXCESS CITY PROPERTY City Properties ''\. GPIN 1475-77-5681 1475-77-5681 milmi• Feet la/4 Proposed Dominion Energy Easement UM " 0 150 300 600 , • . -rniorfe •--.•. .. • • • Piloc\A -P A T, *. .itv PronPrtv\147c-77-cR•1 .Prir. ... d.... e.1",-.res",•-••- Disclosure Statement 1,13 City(If Vivian&nth Planning&Community Develop I. The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Virginia Electric and Power Company dba Dominion Energy-Virginia Does the applicant have a representative? ® Yes ❑ No • If yes,list the name of the representative. ANDREW KUNKLE Dominion Designer Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? i Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) See attached • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) NA '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revises 11.09.2020 Wage � a ge Disclosure StatementAlL3 City cliirspinia Booth Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑ Yes ® No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes IN No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes ® No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑ Yes ® No • If yes,identify the purchaser and purchaser's service providers. R=vise.!11!7►.%s?.'-' 2 I P a e Disclosure Statement City Rflirgisia Beach Planning&Coimnu Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes ® No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes ■ No • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes ® No • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature Print Name and Title 1 f 1 ij ,,y1 Date 1 I 2,11023 Is the applicant also the owner of the subject property? ❑ Yes I No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes as of Dab signature II Print Name Revised 11.0.E 020 3 I P a ? e Virginia Electric and Power Company Directors Officers Name Title Baine, Edward H. Director Blue, Robert M. Director Leopold, Diane Director Blue, Robert M. Chief Executive Officer Baine, Edward H. President Executive Vice President, Chief Financial Officer and Chapman, James R. Treasurer Executive Vice President, Chief of Staff and Corporate Reid, Carter M. Secretary Senior Vice President- Regulatory Affairs and Customer Arnett, Corynne S. Experience Senior Vice President- Nuclear Operations & Fleet Bischof, Gerald T. Performance Senior Vice President, General Counsel and Chief Brown, Carlos M. Compliance Officer Senior Vice President, Controller and Chief Accounting Cardiff, Michele L. Officer Curtis, Katheryn B. Senior Vice President- Generation Frederick, Michael D. Senior Vice President-Administrative Services Mitchell, Mark D. Senior Vice President- Project Construction Murray, William L. Senior Vice President- Corporate Affairs & Communications Stoddard, Daniel G. Senior Vice President and Chief Nuclear Officer Whitfield, Charlene J. Senior Vice President- Power Delivery Avram, Emil G. Vice President- Business Development Bassey, Utibe O. Vice President- Customer Experience Bennett. Jnshua .l. \/irc PrPciriant- Clffchnrca Wind IVQ[[1e I ILIe Curtis, J. Kevin Vice President-Transmission Duman, L. Wayne Vice President- Financial Planning &Analysis Green, Cedric F. Vice President-Technical Services Lee, Adam S. Vice President and Chief Security Officer Locke, Robert H. Vice President- Distribution Operations Purohit, Prabir Vice President- Finance Sartain, Mark D. Vice President- Nuclear Engineering & Fleet Support Sauer, Robert W. Vice President- System Operations Showalter, Alma W. Vice President- Tax Stites, Brandon Vice President- Project Construction Tomabene, Amanda B. Vice President and Chief Environmental Officer Wellener, Wendy T. Vice President- Shared Services Windle, Keith Vice President- Financial Management Woomer, Joseph A. Vice President- Grid &Technical Solutions Wooten, Steve C. Vice President and Chief Information Officer Lawrence, Douglas C. Site Vice President- Surry Power Station Miaden, Fred Site Vice President- North Anna Power Station Conway, Kelly K. Controller Doggett, Karen W. Assistant Corporate Secretary Evans, Jonathan T. Assistant Treasurer Kurz, William J. Assistant Controller Nawrocki, Alison M. Assistant Controller Phibbs, Michael Brandon Assistant Treasurer Scott, Kathryn "Liza"J. Assistant Treasurer Singer, Russell J. Assistant Corporate Secretary Disclosure Statement11/3 (Vy t Planning&Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name HRSD Does the applicant have a representative? © Yes ❑ No • If yes,list the name of the representative. Gary M. Hart, P.E., HRSD Chief of Design and Construction - South Shore Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes ❑ No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 Wage Disclosure Statement Cilty cc!Irwin Bad: Planning& Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑ Yes 0 No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ❑ No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes Q No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes 0 No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?0 Yes ❑ No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 I P a g e Disclosure Statement C p 4(t'tvyisa,IIa d, Planning &Community Development _= 6, Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?Di Yes 0 No • If yes,identify the company and individual providing the service. Contractors: Bridgeman Civil,Mac's Electric,Systems East Incorporated 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? Yes ❑ No • If yes,identify the firm and individual providing the service. Engineer:Kimley-Horn &Associates 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?0 Yes ❑ No • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provid d herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public bo or committee in connection with this application. „----Ze) Appl ant-S(gnature Gary M. Hart, P.E.,HRSD Chief of Design &Construction -South Shore Print Name and Title March 9,2023 Date Is the applicant also the owner of the subject property? ❑ Yes ® No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications ❑ No changes as of Date Signature Print Name Revised 11.09.2020 3 I P a g e J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Ordinance to DECLARE an Easement in EXCESS of the City's needs and AUTHORIZE the sale of the Easement to Lumos Network, Inc. re installation and maintenance of fiber optics facilities 2. Ordinance to AUTHORIZE the City Manager to EXECUTE an Amendment to the Lease Agreement with Dolphin Run Condominium Association,Inc. for City-Owned property at 3rd Street and Atlantic Avenue re overflow parking lot for registered guests 3. Ordinance to GRANT Nineteen (19) Franchise Agreements for Outdoor Cafes in the Resort Area a. Atlantic Lobsta, LLC, t/a Mason's Famous Lobster Rolls Cafe re sidewalk café at 600 Atlantic Avenue b. Harvest VB, LLC, t/a Harvest Café re sidewalk café at 1718 Atlantic Avenue c. Colonial Inn VB, LLC, t/a Fishtails Café re boardwalk café at 2809 Atlantic Avenue d. Arnav 138 Hotel,LLC,t/a Barclay Towers Café re boardwalk café at 809 Atlantic Avenue e. Guru Parab, LLC, t/a Ocean's 14 Café re boardwalk café at 1401 Atlantic Avenue f. Ocean Fifteen, Inc.,t/a Mediterranean Grill Café re sidewalk café at 1508 Atlantic Avenue g. Virginia George Co., Inc., t/a Dough Boys café re sidewalk café at 1700 Atlantic Avenue h. Beach Conveniance,LLC,t/a The Sweet Spot Cafe re sidewalk café at 1718 Atlantic Avenue, Unit 102 i. G 21 St Street, Inc., t/a Guad's Café re sidewalk café at 200 21 St Street j. La Herradura, t/a La Herradura Café re sidewalk café at 2006 Atlantic Avenue k. PizzaManiac, Inc.,t/a 204 Pizza Café re sidewalk café at 204 22nd Street 1. Oceanside Investment Associates, LP, t/a Hemingway's Restaurant & Café re boardwalk café at 2101 Atlantic Avenue m. Young Veterans, LLC, t/a The Bunker Brewpub Café re sidewalk café at 211 21 St Street n. 27th F&B, LLC, t/a Ocean 27 Cafe re boardwalk café at 2701 Atlantic Avenue o. 27th Street Hotel, LLC, t/a The H Bar Cafe re boardwalk café at 2705 Atlantic Avenue p. 3107 Atlantic, LLC, t/a North Beach Bar & Grill Café re boardwalk café at 3107 Atlantic Avenue q. 3501 Atlantic, LLC, t/a Cabanas Café re boardwalk café at 3501 Atlantic Avenue r. Fogg's Seafood Company, t/a Waterman's Surfside Grille Cafe re boardwalk café at 415 Atlantic Avenue s. Mahi Mah's, LLC, t/a Mahi's Café re boardwalk café at 615 Atlantic Avenue 4. Ordinance to TEMPORARILY increase the Parks and Recreation Commission membership (Requested by City Council) 5. Resolution to SUPPORT the Virginia America 250 Commission re aid in planning for the commemoration period (Requested by Mayor Dyer, Vice Mayor Wilson, and Council Members Berlucchi, Holcomb, Remick, Ross-Hammond and Schulman) 6. Resolution to AUTHORIZE travel reimbursement for the City Council Members who attend the Chamber of Commerce Leadership Exchange in Charleston, South Carolina, re out-of- city/out of region travel policy(Requested by Mayor Dyer) 7. Resolution to CONCUR with Personal Property Assessment Methodology for vehicles re Calendar Year 2023 (Requested by the Commissioner of the Revenue) 8. Ordinance to AMEND Calendar Year 2023 Tax Levy on Personal Property and Machines and Tools (Requested by the Commissioner of the Revenue) 9. Ordinance to ESTABLISH Capital Project #100656, "Sheriffs Office Body Worn Cameras," and to APPROPRIATE $640,123 of Fund Balance from the General Fund re purchase of 220 body worn cameras (Requested by the Virginia Beach Sheriffs Office) 10. Resolutions to REQUEST the Virginia Department of Transportation (VDOT) to ACCEPT Additional Streets and Corrections/Deletions to the Road Inventory re Urban Maintenance Payments 11. Resolution to APPROVE the City's Participation in the proposed settlement re Opioid-Related Claims 12. Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned property known as Island Lake, located at the rear of 2421 Broad Bay Road re maintain the existing pier, an open-sided boat lift, and to construct and maintain a pier addition, float and gangway and a vinyl bulkhead District 8 (Formerly District 5 —Lynnhaven) 13. Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned property known as Lake Wesley, located at the rear of 545 Virginia Dare Drive re construct and maintain a pier with a gazebo roof structure, a ramp and boat lift, and to maintain an existing floating dock with thirteen (13) piles District 5 (Formerly District 6—Beach) 14. Ordinance to AUTHORIZE temporary encroachment into a portion of a City-Owned utility easement located at 502 Viking Drive re construct and maintain a doubled faced lighted cabinet identification sign District 3 (Formerly District 6—Beach) 15. Ordinance to AUTHORIZE temporary encroachment into a portion of City right-of-way known as Atlantic Boulevard(Commonly Referred to as the"City Greenbelt"),adjacent to 415 Atlantic Avenue re relocate and maintain an existing wood deck with a 13-foot-high trellis and wood planters District 5 (Formerly District 6—Beach) 16. Ordinance to ACCEPT and APPROPRIATE $800,543.46 from the Virginia Department of Transportation (VDOT) to Capital Project #100423, "Traffic Safety Improvements IV" re returned local funds 17. Ordinance to ACCEPT and APPROPRIATE $784,142 reimbursement from Mancon, LLC, and TRANSFER $104,663 from the personnel accounts and $652,200 from the capital outlay accounts to the FY 2022-23 City Garage Internal Service Fund Operating Budget re increase cost of parts HU 114,1 `` ! CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance 1) Declaring an Easement in Excess of the City's Needs and 2) Authorizing the Sale of the Easement to Lumos Network, Inc. for Installation and Maintenance of Fiber Optics Facilities PUBLIC HEARING DATE: March 7, 2023 MEETING DATE: March 21, 2023 • Background: The City of Virginia Beach (the "City") owns property located at 3500 Dam Neck Road (GPIN: 1485-82-8619) (the "Property"). The Property is the current location of Public Works-Operations, a City fuel station and various other City facilities. A portion of the Property is leased to American Tower Corporation for a cell tower. Lumos Network, Inc. (d/b/a Segra), a Virginia corporation ("Lumos"), is a fiber optics company that has requested a 10' utility easement consisting of approximately 2,590 sq. ft. (0.060 ac.) across a portion of the Property (the "Easement"). The purpose of the Easement is to run fiber optic cables and related facilities from Concert Drive to the cell tower to serve third parties co-located on the cell tower. American Tower Corporation has confirmed it has no objection to the Easement extending into the leased area. The location of the proposed Easement is more specifically shown on the proposed plat, attached to the Ordinance as Exhibit A. The terms and conditions for the sale of the Easement are set forth in the Summary of Terms, attached to the Ordinance as Exhibit B. • Considerations: Lumos has agreed to pay the City the appraised value of $5,699.00 for the Easement. The fiber optic cable would be installed in a manner that minimizes disruption to the Property. Lumos would also be responsible for restoring the Property and for paying the costs of future relocation should it be necessary. • Public Information: The public hearing was advertised in The Virginian Pilot on February 26, 2023. Notice is also provided via the normal City Council agenda process. • Alternatives: Approve the request as presented, deny the request, or add conditions as desired by Council. • Recommendations: Approval. • Attachments: Ordinance, Exhibit A (Plat), Exhibit B (Summary of Terms), Location Map, Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Public Works/ Real Estate� City Manager: i 1 AN ORDINANCE 1) DECLARING AN EASEMENT 2 IN EXCESS OF THE CITY'S NEEDS AND 2) 3 AUTHORIZING THE SALE OF THE EASEMENT TO 4 LUMOS NETWORK, INC. FOR INSTALLATION 5 AND MAINTENANCE OF FIBER OPTICS 6 FACILITIES 7 8 WHEREAS, the City of Virginia Beach (the "City") owns property located at 3500 9 Dam Neck Road (GPIN: 1485-82-8619) (the "Property"), which is currently utilized for 10 City offices, a City fuel station, and various other City facilities; 11 12 WHEREAS, American Tower Corporation ("American Tower") leases a portion of 13 the Property for operation and maintenance of an existing cell tower; 14 15 WHEREAS, Lumos Network, Inc. (d/b/a Segra), a Virginia corporation ("Lumos"), 16 desires to acquire an easement consisting of approximately 2,590 sq. ft. (0.060 ac.) 17 over a portion of the Property (the "Easement"); 18 19 WHEREAS, the Easement would be used to run fiber optic cables and related 20 facilities from Concert Drive to the existing cell tower for the purpose of providing 21 service to third parties co-located on the cell tower; 22 23 WHEREAS, Lumos has agreed to pay to the City the appraised value of $5,699.00 24 for the Easement; and 25 26 WHEREAS, American Tower has no objection to the Easement's location 27 extending into the portion of the Property being leased. 28 29 NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Virginia 30 Beach, Virginia: 31 32 1. That the Easement contemplated herein is hereby declared to be in 33 excess of the needs of the City of Virginia Beach. 34 35 2. That the City Manager, or his designee, is hereby authorized to execute 36 any and all documents necessary to convey the Easement to Lumos in the location 37 shown on the proposed plat attached hereto as Exhibit A, and incorporated herein, so 38 long as the documents are substantially in accordance with the terms set forth on the 39 Summary of Terms, attached hereto as Exhibit B, and incorporated herein, and such 40 other terms, conditions or modifications as may be acceptable to the City Manager and 41 in a form deemed satisfactory by the City Attorney. 42 43 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 44 of , 2023. THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO CITY COUNCIL APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: C t ey % Lste CA16043 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d022\p052\00867303.doc R-1 February 23, 2023 EXHIBIT A Doti \, iS - -- �' �� o °o �0 tic ' N O rZ \\ ,�\• y�� jot.;1:,' . n ��s � �t Co �o � ^ Co C 9�' ��' \ems ,-5-ps o \5)(')( ,?.s< / ti , o s- c7( at,', / o_ • • / O.\ /' • 049 // \ \ / \. / ° / \� \ , / , / c, `s. -- /� / \ / / / �wtinC / / / � SA o4k , / vN / / / !vp0!vp / // _ v o0Ntio� i / // 0 0 co 0 l / // cn NO)COCOh co / // •Z4. E o / / rri D pnZ rNNNNNNN m'1 .i. o,Cn4AC•,Iv--"/ / Z/ -I°m° c�'NI m r+)v, -'r" �/ o~Nr. n 0,�rr, 3:0•711NZ 2?(4�(2'� • p �►; '; 1, V(.,�arvO C- pA p p A p� �,- 1 zo Poo o�ewo C o�.o�+�(oc•- ao +aoo� �oa r N0,,oavw� n < MQ I v Z.0 v(0 Z r 1 ,\ ko O�i00 y i e 4 i i O F �p � Z y r,) rn rn Li �^ WO 0 `O� A. --.►v(n0, ►vNiv t4L,U\,v o" ^iti�\ = { -.O,ti V •O, ��1. Vis • iv d� ► ki�V 00�i r'1+ C) hn ►vro'1 � i a % t� n 5 ,� • is(3 (O n \/'. 6� rv►vZVa O(.ri a. 1, veoo0Z 4 i 4 4� EXHIBIT B SUMMARY OF TERMS GRANTOR: City of Virginia Beach ("City") GRANTEE: Lumos Network, Inc. (d/b/a Segra), a Virginia corporation ("Lumos") PROPERTY: Portion of 3500 Dam Neck Road (GPIN: 1485-82-8619) DESCRIPTION OF EASEMENT: A non-exclusive 10' easement (2,590 sq. ft. / 0.060 acre) PURPOSE: To run fiber optic cables and related facilities from Concert Drive to the cell tower to serve third parties co-located on the cell tower (leased by American Tower Corporation) (the "Facilities") CONSIDERATION: $5,699.00 (appraised value) CONDITIONS: • No construction or maintenance of facilities other than for the purposes set forth above will be permitted. • The Facilities will be installed in a manner to minimize disruption to City operations. • Lumos will obtain all required permits for construction, installation, use, and operation of the Facilities. • Lumos shall be responsible for all cost of restoring the Property to the same condition, as nearly as practicable, as existed before the start of installation. • Lumos shall maintain insurance coverage, naming the City as additional insured and provide proof thereof prior to commencement of installation. • Lumos shall comply with all applicable laws, ordinances, codes, and regulations. • The City reserves the right to remove the Facilities in the event of an emergency, public necessity, or public safety. • Lumos shall indemnify and hold the City harmless from and against all claims, damages, losses, and expenses arising out of Lumos's use of the Facilities. 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Jo, 4,40's -it..., ../ • y� t .. (r+ . �\ r A F �• • `! t',. "` .1I+ r,,. ' h errs, r •�• la. a� �� "1sw7 t a''- V ,/� 7 — . i''`.: • ; - ,... -*''' - ilk. .. 4 q. , . -,, 4,, ' . ,- .4. - . ),\. .„,-, --2, ' le- \ 4.4. , , ,.., .4., .A" . f ,- ,: 1,... /0,4b • ",1111.1' t# '' *.41,41111 4.00(14'11 ,NV" 40 , \ ;. ,r.,r 1 cF v 11 S � , S A I ��� f;I'�� �N �iM'r *-i'o LOCATION MAP I !' \ t9� !Qp N. ,'' ,, ri.� - , ;, , '` .-� ., EXCESS CITY PROPERTY �. ,` '� iN ; ` - ' • 3500 DAM NECK ROAD it Legend ,. ,°; ` p , ' . o Ii.- -q GPIN 1485-82-8619 +�; 10' UTILITY EASEMENT FOR • `' " rr"'�`�,. �`� ' 14 LUMOS NETWORKS INC.D/B/A SEGRA City Property •; QQ` . ..,of, 5 ' " 1 Feet D 1485-82-8619 -4 I / - ,. .w ,. 0 205 410 820 — ., .....,� ,.- .. .OS1.n.nnn.. Y\f A flrl\Dr/Nienlc\A Dr CiInc1A(_CPIfA 11 A 1 VIARS Q QQ10 Aeri-I 11/41B Disclosure Statement citu of Virginia Bench Planning & Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board, commission or other body. Aj,plicant Disclosure Applicant Name Lumos Networks Inc., dba Segra Does the applicant have a representative? II Yes ❑ No • If yes, list the name of the representative. Network Building and Consulting, Inc. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? 0 Yes ❑ No • If yes, list the names of all officers,directors, members,trustees,etc. below. (Attach a list if necessary) Kevin T. Hart, CEO; Dan Watts,COO;Tim Montz,CFO; Robin Dunson,Chief Legal Officer;Scott Wallhermfechtel,CTO;Vonya Alleyne,Chief People Officer;Zenita Henderson,Chief Marketing Officer;Jay Turtora,VP, Enterprise Finance and Accounting. • If yes, list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) '"Parent-subsidiary relationship" means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA. Code§2.2-3101. 2"Affiliated business entity relationship" means"a relationship,other than parent-subsidiary relationship,that exists when (i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.1020 Wage Disclosure Statement City of Virginia Baith Planning & Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes El No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ® No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 0 No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? D Yes 0 No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 Wage IVBDisclosure Statement City of Viryinin Beudi Planning & Community Development .211111.1.1r- 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 0 No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 0 No • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 0 No • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. licant Signature Jared Morris-Sr. Manager OSPE Print Name and Title 2/23/23 Date Is the applicant also the owner of the subject property? ❑ Yes ® No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes as of Date Signature Print Name Revised 11.09.2020 Wage Disclosure Statement City of Virginia Beach Planning&Community Development Continue to Next Page for Owner Disclosure Revised 11.09.2020 Wage Disclosure Statement City of Virginia Beach Planning & Community Development Owner Disclosure Owner Name City of Virginia Beach Applicant Name Lumos Networks Inc., dba Segra Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes ® No • If yes, list the names of all officers, directors, members,trustees,etc. below. (Attach a list if necessary) • If yes, list the businesses that have a parent-subsidiary3 or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes ❑ No • If yes,what is the name of the official or employee and what is the nature of the interest? 3"Parent-subsidiary relationship" means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "Affiliated business entity relationship" means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 5 I P a g e Disclosure Statement \/13 City of Viryinki Bauch Planning & Community 110 Development .r Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes, identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ❑ No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes ❑ No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes,identify the company and individual providing the service. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 6 Disclosure Statement City of Virginia Bead, Planning & Community Development 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes,identify the firm and individual providing legal the service. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner Signature Print Name and Title Date Revised 11.09.2020 7 I P a g e N� � rro`S ~'�S�'�,� i� 'si ii,.. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute an Amendment to the Lease Agreement With Dolphin Run Condominium Association, Inc. for City-Owned Property Located at 3rd Street and Atlantic Avenue PUBLIC HEARING DATE: March 7, 2023 MEETING DATE: March 21, 2023 • Background: The City of Virginia Beach (the "City") owns a 0.09-acre parcel of land located at the intersection of 3rd Street and Atlantic Avenue as shown on the attached location map (GPIN: 2427-32-0138) (the "Premises"). On April 5, 2022, by Ordinance ORD-3691E, City Council authorized the execution of a lease between the City and Dolphin Run Condominium Association, Inc. ("Dolphin Run") for the Premises, for use as overflow parking for registered guests of Dolphin Run. Subsequently, the City and Dolphin Run entered into an agreement for Dolphin Run to lease the Premises from May 15, 2022 through September 15, 2022, with four (4) consecutive renewal options, each May 15th through September 15th of each of the following four years (the "Lease"). Dolphin Run desires to exercise its first renewal option this year and has requested that the Lease be amended so that the terms for each of the renewal options be expanded to five months, each commencing May 1st and expiring September 30th. Rent for the expanded term would be proportionally increased to $5,562.00 for this year and increase by 3% each additional renewal term as set forth in the Lease. City staff has no objection to the renewal for this year nor to amending the Lease. • Considerations: Except for the modification set forth herein, all other terms of the Lease shall remain unchanged and consistent with the Summary of Terms previously approved by City Council. • Public Information: Notice of the Public Hearing was advertised in The Virginian-Pilot, Beacon, on February 26, 2023. Public notice will also be provided through the normal City Council agenda process. • Recommendations: Approval • Attachments: Ordinance, Summary of Terms, Location Map, Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Public Works/ Real Estate City Manager: i i i,1, 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE AN AMENDMENT TO 3 THE LEASE AGREEMENT WITH DOLPHIN RUN 4 CONDOMINIUM ASSOCIATION, INC. FOR CITY- 5 OWNED PROPERTY LOCATED AT 3RD STREET 6 AND ATLANTIC AVENUE 7 8 WHEREAS, on April 5, 2022, by Ordinance ORD-3691E, City Council 9 authorized the execution of a lease between the City of Virginia Beach (the 10 "City") and Dolphin Run Condominium Association, Inc. ("Dolphin Run") for an 11 approximately 0.09-acre parcel of City-owned land located at the intersection of 12 3rd Street and Atlantic Avenue (the "Premises") for use as overflow parking for 13 registered guests of Dolphin Run; 14 15 WHEREAS, the City and Dolphin Run entered into an agreement for 16 Dolphin Run to lease the Premises from May 15, 2022 through September 15, 17 2022, with four (4) consecutive renewal options, each May 15th through 18 September 15th of each of the following four years (the "Lease"); 19 20 WHEREAS, Dolphin Run desires to exercise the first renewal option and 21 further desires to amend the Lease to expand the term to commence May 1st and 22 expire September 30th of each year for each of the renewal options; and 23 24 WHEREAS, except for provisions affected by the expanded term, all other 25 terms and conditions set forth in the Lease will remain unchanged and in full 26 force and effect. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 29 CITY OF VIRGINIA BEACH, VIRGINIA: 30 31 The City Manager is hereby authorized to execute an amendment to the 32 Lease between the City and Dolphin Run for the Premises, in accordance with 33 the Summary of Terms, attached hereto as Exhibit A, and made a part hereof, 34 and such other terms, conditions, and modifications as may be acceptable to the 35 City Manager and in a form deemed satisfactory by the City Attorney. 36 37 Adopted by the Council of the City of Virginia Beach, Virginia, on the 38 day of , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ublit; Works / 'eal Estat (frttil; to Y CA16037 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d013\p045\00864816.doc R-1 February 23, 2023 EXHIBIT A SUMMARY OF TERMS OF AMENDMENT TO LEASE FOR EACH OF 2023, 2024, 2025, 2026 LEASE FOR THE USE OF 0.09-ACRES OF CITY-OWNED PROPERTY LESSOR: City of Virginia Beach (the "City") LESSEE: Dolphin Run Condominium Association, Inc. PREMISES: Approximately .09-acre parcel of City-owned property located at the intersection of 3rd St. and Atlantic Ave. (GPIN: 2427-32-0138) AMENDED TERM: Beginning with the first renewal option, each lease term will run from May 1 ST through September 30TH AMENDED RENT: $5,562.00 for the first five (5) month renewal term; increased by 3% each of the remaining renewal options. RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use the Premises for overflow parking for guests and for no other purpose. • Maintain the Premises from May 1st through September 30th. • Maintain commercial general liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence. • Maintain Automobile Liability Insurance including coverage for non-owned and hired vehicles in an amount not less than five hundred thousand dollars ($500,000) combined single limits. RIGHTS AND RESPONSIBILITIES OF CITY: • May access the Premises at any time, without prior notice to Lessee, in the event of an emergency or public necessity. • May require Lessee to surrender possession and control of the Premises to the City upon forty-eight (48) hours' prior notice if needed for public purposes. • May grant easements and rights-of-way across the Premises for streets, alleys, public highways, drainage, and other similar purposes. TERMINATION: • The City may terminate the Lease upon thirty (30) days' prior written notice to Lessee. W M I--1 .a O i N ♦' M - N _ . Cr11110!". - Z . . a ' . Z -1a:1 Z • ti 0i_lit .. _....0.601.1_,_, N.,,r.Nttit4,4,. ' 4. o < NI" 0.4,_a%s isw, ,_.. , , • ' ,.---_,, ... .... 44 •Iii 0. � '`' i,:c Ilt, c,-41k .7. ,,,,,, ..c: G-T A z 2 \\\ �rG.p a i O O it111" P. r ,. 0 O � - _ Z W Itil „,a) a) i ' . . _ . -4,,,,„ NINIffek.,..- ,. .i.q 4-, c .. ---,.: k, J Q • O N m . Q V > 4111114114., s__ .:1 1 (13 , ..., - N 0 c. -c W W = isr O • -+hk; I W _ - O. - i4 . Disclosure Statement 'NB City of Viryiux+littu�h Planning & Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Dolphin Run Condominium Association -There are over 100 units- Each owned separately Does the applicant have a representative? n Yes ❑ No • If yes,list the name of the representative. Dolphin Run Condominium Board of Directors Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ® Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Current Association Board of Directors-- Tom Cuneo-President,Rob Mills-Vice President,Regina Cummings Fletcher- Secrelary,iuyt.e Holloway- easui ,Connie Witte,Wdyrie Reeves,Jeff 1aglowkc • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) None I "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation" See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11 09 2020 1 I P a g e Disclosure Statement y of%/r na$eut�r Planning&C ommu nity Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑ Yes ® No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes UN No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ® No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ® Yes ❑ No • If yes,identify the firm and individual providing the service. VSA Association Management 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • if yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes ® No • if yes,identify the purchaser and purchaser's service providers. Revised 11 09 2020 2 I Disclosure Statement City of Yirgtrtty Beath Planning& Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No i it yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the firm and individual providing the service. Applicant Signaw I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature , ( Thomas M.Cuneo 00.1 77 3 Print Name and Title Thomas M.Cuneo Dolphin Run Condominium Association Board President and OWNER of one Unit Date Is the applicant also the owner of the subject property? ❑ Yes if No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes as of Date Signature Print Name Revised 11 09 2020 3 I P a g c I :„.„ L .,,, }lJ r ,,,:.,..„ CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance Granting Nineteen Franchise Agreements for Outdoor Cafés in the Resort Area PUBLIC HEARING: Mach 7, 2023 MEETING DATE: March 21, 2023 • Background: The City Council adopted revised regulations for outdoor café franchises on October 20, 2020 ("Revised Regulations"). The Revised Regulations simplify the outdoor café franchise program and allow more flexibility for outdoor café owners and operators to keep pace with current standards in construction, design and materials. The City has developed a franchise agreement for the regulation of outdoor cafés, which the grantees are required to execute as a condition of the grant. The City Council has traditionally granted initial franchises for one-year terms. If an outdoor café is successfully operated during the initial one-year term, the franchisee may return to Council upon the expiration of the one-year term and request a five-year franchise agreement. ■ Considerations: The following three entities are seeking one-year franchise agreements: (1) Atlantic Lobsta, LLC, t/a Mason's Famous Lobster Rolls Cafe, for operation of a Sidewalk café; (2) Harvest VB, LLC t/a Harvest Café, for operation of a Sidewalk café; and (3) Colonial Inn VB, LLC, t/a Fishtails Cafe, for operation of a Boardwalk café. The following sixteen entities have successfully operated outdoor cafés pursuant to either one-year or five-year franchise agreements and are seeking franchise agreements for five-year terms: (1) Arnav 138 Hotel, LLC, t/a Barclay Towers café, for operation of a Boardwalk café; (2) Guru Parab, LLC, t/a Ocean's 14 Cafe, for operation of a Boardwalk café; (3) Ocean Fifteen, Inc., t/a Mediterranean Grill Cafe, for operation of a Sidewalk café; (4)Virginia George Co., Inc., t/a Dough Boys Cafe, for operation of a Sidewalk cafe; (5) Beach Conveniance, LLC, t/a The Sweet Spot Cafe, for operation of a Sidewalk café; (6) G 21st Street, Inc., t/a Guad's Café, for operation of a Sidewalk café; (7) La Herradura, t/a La Herradura Café, for operation of a Sidewalk café; (8) PizzaManiac, Inc., t/a 204 Pizza Café, for operation of a Sidewalk cafe; (9) Oceanside Investment Associates, LP, t/a Hemingway's Restaurant & Café, for operation of a Boardwalk café; (10) Young Veterans, LLC, t/a The Bunker Brewpub Café, for operation of a Sidewalk café; (11) 27th F&B, LLC, t/a Ocean 27 Cafe, for operation of a Boardwalk café; (12) 27th Street Hotel, LLC, t/a The H Bar Cafe, for operation of a Boardwalk café; (13) 3107 Atlantic, LLC, t/a North Beach Bar & Grill Café, for operation of a Boardwalk café; (14) 3501 Atlantic, LLC, t/a Cabanas Café, for operation of a Boardwalk café; (15) Fogg's Seafood Company, t/a Waterman's Surfside Grille Cafe, for operation of a Boardwalk café; and (16) Mahi Mah's, LLC, t/a Mahi's Café, for operation of a Boardwalk café. ■ Public Information: A public notice was published in The Beacon on February 26, 2023. • Attachments: Ordinance, Disclosure Forms, Café Location Maps and Photos, and Plans and Elevations Recommended Action: Adopt Ordinance Submitting Department/Agency: Resort Management Office 0A,, City Manager: /;/)i 1 AN ORDINANCE GRANTING NINETEEN 2 FRANCHISE AGREEMENTS FOR OUTDOOR 3 CAFES IN THE RESORT AREA 4 5 WHEREAS, City Council adopted revised regulations for outdoor café franchises 6 on October 20, 2020 ("Revised Regulations"); and 7 8 WHEREAS, the Revised Regulations simplify the outdoor café franchise program 9 and allow more flexibility for outdoor café owners and operators to keep pace with 10 current standards in construction, design and materials; and 11 12 WHEREAS, the City has developed a franchise agreement for the regulation of 13 outdoor cafés, which the grantees are required to execute as a condition of the grant; 14 and 15 16 WHEREAS, the City Council has traditionally granted initial franchises for one- 17 year terms; and 18 19 WHEREAS, if an outdoor café is successfully operated during the initial one- 20 year term, the franchisee may return to Council and request a five-year franchise 21 agreement; and 22 23 WHEREAS, the following three entities are seeking one-year franchise 24 agreements: (1) Atlantic Lobsta, LLC, t/a Mason's Famous Lobster Rolls Cafe, for 25 operation of a Sidewalk café; (2) Harvest VB, LLC, t/a Harvest Café, for operation of a 26 Sidewalk café; and (3) Colonial Inn VB, LLC, t/a Fishtails Cafe, for operation of a 27 Boardwalk café; and 28 29 WHEREAS, the following sixteen entities have successfully operated outdoor 30 cafés pursuant to either one-year or five-year franchise agreements and are seeking 31 franchise agreements for five-year terms: (1) Amav 138 Hotel, LLC, t/a Barclay Towers 32 café, for operation of a Boardwalk café; (2) Guru Parab, LLC, t/a Ocean's 14 Cafe, for 33 operation of a Boardwalk café; (3) Ocean Fifteen, Inc., t/a Mediterranean Grill Cafe, for 34 operation of a Sidewalk café; (4) Virginia George Co., Inc., t/a Dough Boys Cafe, for 35 operation of a Sidewalk cafe; (5) Beach Conveniance, LLC, t/a The Sweet Spot Cafe, 36 for operation of a Sidewalk café; (6) G 21st Street, Inc., t/a Guad's Café, for operation of 37 a Sidewalk café; (7) La Herradura, t/a La Herradura Café, for operation of a Sidewalk 38 café; (8) PizzaManiac, Inc., t/a 204 Pizza Café, for operation of a Sidewalk café; (9) 39 Oceanside Investment Associates, LP, t/a Hemingway's Restaurant & Café, for 40 operation of a Boardwalk café; (10) Young Veterans, LLC, t/a The Bunker Brewpub 41 Café, for operation of a Sidewalk café; (11) 27th F&B, LLC, t/a Ocean 27 Cafe, for 42 operation of a Boardwalk café; (12) 27th Street Hotel, LLC, t/a The H Bar Cafe, for 43 operation of a Boardwalk café; (13) 3107 Atlantic, LLC, t/a North Beach Bar & Grill 44 Café, for operation of a Boardwalk café; (14) 3501 Atlantic, LLC, t/a Cabanas Café, for 45 operation of a Boardwalk café; (15) Fogg's Seafood Company, t/a Waterman's Surfside 46 Grille Cafe, for operation of a Boardwalk café; and (16) Mahi Mah's, LLC, t/a Mahi's 47 Café, for operation of a Boardwalk café; and 48 49 WHEREAS, the Office of Resort Management recommends that the above- 50 named entities be granted outdoor café franchise agreements. 51 52 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 53 VIRGINIA BEACH: 54 55 That the City Council hereby grants one-year franchise agreements to: (1) 56 Atlantic Lobsta, LLC, t/a Mason's Famous Lobster Rolls Cafe, for operation of a 57 Sidewalk café; (2) Harvest VB, LLC t/a Harvest Café, for operation of a Sidewalk café; 58 and (3) Colonial Inn VB, LLC, t/a Fishtails Cafe, for operation of a Boardwalk café; and 59 60 That the City Council hereby grants five-year franchise agreements to: (1) Arnav 61 138 Hotel, LLC, t/a Barclay Towers café, for operation of a Boardwalk café; (2) Guru 62 Parab, LLC, t/a Ocean's 14 Cafe, for operation of a Boardwalk café; (3) Ocean Fifteen, 63 Inc., t/a Mediterranean Grill Cafe, for operation of a Sidewalk café; (4) Virginia George 64 Co., Inc., t/a Dough Boys Cafe, for operation of a Sidewalk cafe; (5) Beach 65 Conveniance, LLC, t/a The Sweet Spot Cafe, for operation of a Sidewalk café; (6) G 66 21st Street, Inc., t/a Guad's Café, for operation of a Sidewalk café; (7) La Herradura, t/a 67 La Herradura Café, for operation of a Sidewalk café; (8) PizzaManiac, Inc., t/a 204 68 Pizza Café, for operation of a Sidewalk café; (9) Oceanside Investment Associates, LP, 69 t/a Hemingway's Restaurant & Café, for operation of a Boardwalk café; (10) Young 70 Veterans, LLC, t/a The Bunker Brewpub Café, for operation of a Sidewalk café; (11) 71 27th F&B, LLC, t/a Ocean 27 Cafe, for operation of a Boardwalk café; (12) 27th Street 72 Hotel, LLC, t/a The H Bar Cafe, for operation of a Boardwalk café; (13) 3107 Atlantic, 73 LLC, t/a North Beach Bar & Grill Café, for operation of a Boardwalk café; (14) 3501 74 Atlantic, LLC, t/a Cabanas Café, for operation of a Boardwalk café; (15) Fogg's Seafood 75 Company, t/a Waterman's Surfside Grille Cafe, for operation of a Boardwalk café; and 76 (16) Mahi Mah's, LLC, t/a Mahi's Café, for operation of a Boardwalk café. 77 Adopted by the City Council of Virginia Beach, Virginia on this day of , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: A cvd Resort Management City Attorney's Off d CA16017 R-1 February 16, 2023 Virginia Beach APPLICANT'S NAME Atlantic Lobsta, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 !� The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law, 4 SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 _Planning,Commission and City Council meeting that pertains to the application(s). ❑ APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: REVISIONS SUBMITTED DATE: Y- A Virginia Beach 111 Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ZCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Atlantic Lobsta LLC If an LLC, list all member's names: Craig M Leonard Deborah A Leonard If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary � or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Boston Lobsta Inc is parent to Atlantic Lobsta LLC See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. El Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 111 Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:___. If an LLC, list the member's names: Page 2 of 7 amd Virginia Beach Check here If the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ElCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:____��w� If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 4 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only ifproperty owner is different from Applicant. El Check here If the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:_ter a Investments_LLC if an LLC, list the member's names:Bruce L. Thompson and Edmund C. Ruffin Page 2 of 7 Wycr Virginia Beach if a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 5'ee a+A-ccke� "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership Interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) Accounting and/or preparer of your tax return Z Architect/ Landscape Architect / Land Planner Contract Purchaser(if other than EiEl the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed © purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors E Engineers / Surveyors/Agents Financing (include current ❑ zmortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) nLegal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property .+.-._' Y_-_"-'^J2'..¢-t.`✓.'-....z. -.v:__....�.�� __ _.,.:: _ __:A:_,:____-...�....:_-..-_. -.._1 .'_`_. _ --=Z -y116:t`.S+T."".^'<<-..z-..:-.....r'�.C�>»r'-5�.: SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 • •••-,*-,....•• \43 • _ � "' z Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. ,8n Craig M Leonard 3/7/23 APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 • OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets If needed) =' Accounting and/or preparer of your tax return [5< Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than the Applicant)-Identify purchaser and purchaser's service providers Any other pending or proposed (Q' purchaser of the subject property IILL�� (identify purchaser(s)and purchaser's service providers) DKIConstruction Contractors ElEngineers/Surveyors/Agents Financing(include current fl El mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) 1,0 Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ " an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 ENI3./ • Virginia Beach .. CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this plication. Cfo Robert M. Howard, CIO 3-6-23 { PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7of7 \1\ Affiliates--Heritage Investments,LLC Entity EINs Ownership 20%or more Bruce L.Thompson 35% BQTS Associates,Inc. 54-1519606 Edmund C.Ruffin 65% Cavalier Associates Development,Inc. 46-3223768 Bruce L Thompson 20.54962% Central Laundry,LLC 20-2508149 Bruce L Thompson 5096 Edmund C Ruffin 50% Central Laundry Services,LLC 46-2906648 Bruce L.Thompson 50% Edmund C Ruffin 50% Gold Key/PHR Development,LLC 54-1945625 Heritage Investments,LLC 100% 34th Street Garage,LLC 45-2399281 Bruce L.Thompson 5096 Edmund C.Ruffin 50% Norfolk Hotel Associates,LLC 46-3873541 Bruce L.Thompson 39.083627% Norfolk Hotel Development,Inc. 46-5080078 Bruce L Thompson 39.083627% Ocean Beach Club,LLC 54-1506700 Bruce L Thompson 50% Edmund C.Ruffin 50% Bruce L.Thompson 50% Professional Hospitality Resources,Inc. 54-1359656 Edmund C.Ruffin 50% PHR,L.C. 54-1705634 Bruce L.Thompson 64% Ruffin Family,L.C. 54-1706166 Edmund C.Ruffin 80% Seashore Marine Ventures,LLC 27-2137671 Bruce L Thompson 50% Edmund C.Ruffin 50% Bruce L.Thompson 50% Sunrise Beach Services, LLC n/a Edmund G Ruffin 50% Thompson Family Investments,LLC 20-1799560 Bruce L.Thompson 100% Bruce L.Thompson 50% VBOZ Investments,LLC 84-2202255 Edmund C.Ruffin 50% L fi a.) -& i i i _ g 0 Ti; so a o T' g _ y V U U i^ o o d i -,—, cliii, 7,- E . I $ 4-J I \ F { O off ICJ Ct j o -- o s= L �{^1/ � -_..Jo-'-_ a�� I 1 c1 o - p `�` -. CO101111° m c a 8 �TCZ < > J 414 a U to s. F E. CD o � � 0m a z f ....-- A \\ co de to a � toa E c > g a z° Q a E 0..) U a i es J et 2 \ i ' 2 z C.) .0 0, -' a -4 ) c ,, �,. ..• ,. '' _ a . TS CZ aioN r E s a z O L CO CO w w 'rr,. .w,,w illy i, �q• ..,+r.,..... ri e .i+ ....11,dl t "Li Y, f16. . '� a y M1 +`y'f Mr s m14 !f - .. il I': .:' ' "1:211'' :4 ' .... ,• ,,, • ' 1.- . / I ...` ��•�,�^• T. ° " Jpgip/+ f H 4•, w N,,' ., 4,.:. :".,~) a. r ON ; fr n S�`" :'. = ice" r K- +^"' ` • i : :, ,7.',, ,,.: ''''''' '"' ' '''''' ' ''''' '''''. '''''‘'..-".' .".:.''' ' ' Tr"4$460' 1. ,..,:::, ., ,, / � LLa�x • ;( 1 fr'.: 4''''.'0;i:tl v'Pi'':k",':*'''''!A:1;r; ' :'. .' '1, . i '''' \ ... ..r t • t .► i .. °'4. 7. i , dJ ,Y t is +d r' yy ff ,JJ x yl�.1 reF, f c • • 600MLANffic AYN vE 3 � •, �e �,7��! 1 Id yew w!'f-s°!,'Fy*Wj1r� .ilb`i ki4i, mM'I p �4 ,C `. , 7 'i. ,e 111'»4M•1.ita ': . i; I/ oN5 v o us L0 55'1 4 .S • •f .4+ l `,' `, • ,tc ,.:w to ,• NB lit Virginia Beach APPLICANT'S NAME Harvest VB, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law, SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Plannin Commission and City Council meetin .that:ertains to the ai.�,lication(s). El APPLICANT NOTIFIED OF HEARING DATE: El NO CHANGES AS OF DATE: REVISIONS SUBMITTED DATE: _', -,w e1 + C��ek he virgo ns c ysJrtesS if the ftrrn� or other uihcor a corporation{ partnership, ` � � iterated organization, Other k ere if the firm, business,�or unin�ot a Corporation, partnership, potated organization 90 List the gpp�i�ant - �. If an s name: , �tU cS'r v C3 L list all meniber•s names: MiNly,r1 t, If a CORPORATION, list the the names of all officers, directors, members, trustees, etc, below: (Attach list If necessary) (B) List the businesses that have a parent-subsidiary � or affiliated business entity � relationship with the Applicant: (Attach list If necessary) }� -m, Lca r>0e s S See next page(or information pertaining to footnotesi and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 otly ' •,t„ - A 0, < dt - a, . !' Check here if the pRYelE&J5 NOT a corporation, partnership, firm, business, or other unincorporated organization. El Check here if the P P a corporation, partnership, firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name:_5• I _ gAuvri‘fN A04.or If an LLC, list the member's clE names: Page 2 of 7 t A : \/13 Virginia Beach lea Corporation, list the names ofali officers,directors, members,trustees. etc. below: (Attach list if necessary) (Si List the businesses that have a parent-subsidiary r or affiliated business entity 2 relationship with the Property Owner: (Attach list If necessary) 1 'Psrent•substdtary relationship' means 'a relationship that exists When a corporation directly indirectlyr owns shares possessing more than 50 percent of the voting r of another corporation.' Set State and Local Government Conflict of interests Act,Va. Code§2.2.3101. 2 -Affiliated business entity relationship' means •a relationship, other than parent-aubsitliarY relationship, that exists when(i)one business entity has a�°����fing�owttatPn the other entity.or interest in the other business entity, (II)a controlling owner in one entity is also be ii there is %hired management or control between the business entities.relationshipFactors include should the ratwonage the considered in determining the exisrenu of an affiliated business same person or substantially the same person own the use of the same offices or employees or entities;there are common or commingled funds or assets; the business entitles share otherwise share activities, resources or personnel on a regular basis; Conflict ofth otherwise aInterests close working relationship between the entitles.' See State and i. Va.Code S 2.2•3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any_buslness operatjna or_to be operated on the Property. If the answer to any item Is YES, please identify the firm or individual providing the service: if THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 ---*- Aliii4H...1.18 APPLICQN r s�dltlon�����e3 if PROVIDER Es ' NO • SERVICE „��aee �,.------ E3 _______ A�ccounting and/or prep arer of your tea return 0 Architect/Landscape Architect I lend Planner Contract Purchaser 0 ►`1 itabso kiht):-Identify purchaser and purchaser's service A Any other pending or proposedproperty rchaser of the subject A (id dentlfy purchaser-Is)ov�lrsf ' purchaxcr's service p f/ Construction Contractors • ;4 Engineers/surot'spoeRtslp v1Y Financing (Inctud�a d tors rent rttartpage holders to 0 a provide inor being acquisition pravidt tlnancl�for �r�rty� or construction of 0 Legal SenrtCts Real Estate B o s rs/ r33 aAngteidntpsa/rRedalfuturesjeusrroeptthaend sub ect ra OWN INTEREST' BY PUBLIC OFFICIAL OR SECTION A, KNOWN EMPLOYEE m .loyee of the City of Virginia Beachhave YES NO ; Does an official ore employee land or any proposed development 0 - , contingent on the subject an interest in the su public action? re of the If yes what is the name of the official or employee and what Is the natu Interest? -- ---Page 4 of 7 MEI Virginia Beach RTIFICATION —__. i certifyall ion contained in this Disclosure StaCement Form is that l of the infate. complete, true, and accurate. I receipt of notification that the application has been understand that, upon rete p scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council,wi VBDA s meeting, or meeting of any ublic body or committee in connectiof, DATE APPLICANT'S SIGNA1lf PRINT NAME • ;oiffe' 11 " "617 • • ,.. Page 5 of 7 Vii OWNER - teach E No '�' SERviCE - 1 PROVIDER tuts additional shuns Ir needed}. 0 Prl Accounting and/or preparer of your tax return 0 A 'Architect/Landscape Architect/ LAnd planner _ Contract Purchaser Of other ti 0 A'11 the-Appllcantf-identify purchaser '� and purchaser"s service providers Any other pending or proposed D 0 t purchaser of the subject property (identify purcieaserfs)and purchaser's service providers) 0 I Construction Contractors 0 - - Engineers 'Surveyors/Agents Financing(include current I mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ElLegal SetVlces ` Real Estate Brokers! D Agents/Realtors for current and anticipated future sales of the sub ect roe 1 - SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO 'ires an official or employee of the City of Virginia Beach have 0 - an interest in the subject land or any proposed development ii contingent on the subject public action? if yes, what is the name of the official or employee and what is the nature of the interest? Pages of 7 .--. 4.11M, .. Vierginia Beach 'certify that all of the Information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, 1 am responsible for updating the information iprovided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee in connection with this Application. -- - -- . _ .. t,/ ,j f/i 1 'T -7 - '`'_-°�." �"4 _L .. 0 DATE { PROPERTY OWNiR S SIGNATURE / PRINT NAME i Page 7 of 7 \\ T - do NO _ II a) \ a It p as O 0a y , ww U 4 F to c Ia \ I a C..) o O t00 --\- a i X: It — — , . i \1 0-4 lijG •c \ - ,,,•..,,,,,,-., -,a mI -I—) O - O i I • III CO U1 , J A COe. ti el >ILI 12 1\ k CO �- 8 . aU aH Z 0 n co t a.) w 1 co rw t 0 , UF o 1 oinL 4:n4 h, i \ 1 C.) ;er, az a aco ' E al -1. ) a a - a E Q 00 a z \ \ Q \ \. aS 1-4 \\, d m o -Ia N N 1 t: M 11cn N cfl 1 N E d \ cri M a t a z 1 t 2 a ; ` ''t , 1 . CO ta �• �. - f r� 2 ii uct F . Ifft ...,. : _ -,, . . .• ' . J� .._ . . ` `.. _ . N > ......z... . ,. .. . . . c, „,,/ co . ....t, - .. -• t‘,,,, . :. • . , • . T r i i + .•w . s V f r •r . - t - 1.I; i ..... > , v it .s% :, „,, , ,.. _ -le _ / wil- , , is yi P~ Y . r111 . I i':-..., ,-:....‘i .,.,....-.+....7.... , ..' / . * 1 s a f F ka {y{ s p - •Iiri . , •.I. I t to tr. 3.. -; , . . it . 1, r 1 U. fi 11 Ci 4140 t1 1 1 I 7 F ' • 41/. �: `) ..il . dail i 1 gg - i i it ` ! klg la i ._ i 1 - I �3r i ,, P. I iia ► IIlttll•IIIIIt111IIII41f11ItilJttlt$1II$ 11 I11t$4 14511,1t151111I111111I$III 11i11I�gfilil Virginia Beach APPLICANT'S NAME Colonial Inn VB, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained In this form are necessary to Inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and Cit.,Council meetin. that Lertains to the apLlication(s). APPLICANT NOTIFIED OF HEARING DATE: El NO CHANGES AS OF DATE: REVISIONS SUBMITTED DATE: err Virginia Beach Check here if the APPLICANT IS NOT a corporation, partner ship, firm, business, or other unincorporated organization. EDCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: '1 oi'�`' _ Vl-= 1-1-v If an LLC, list all member's names: Møôr -1 tom, If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 4 .t. SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner Is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: eZ1f, V-L LL-C— If an LLC, list the member's names: M6osue. Page 2 of 7 w\IB/ Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) Ori a'1 5)1 4 A (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than SO percent of the voting power of another corporation." See State and Local Government Conflict of interests Act,Va. Code 5 2.2-3101. 2 'Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) E Ei Accounting and/or preparer of your tax return ( t,� CP . Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property ' (identify purchaser(s)and purchaser's service providers) Construction Contractors Engineers/Surveyors/Agents Financing (include current 17j mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services ' [5ZI Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have El an interest in the subject land or any proposed development contingent on the subject public action? if yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 V r inia Beach Now CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA ` meeting, or meeting of any public body or committee in connection with this Application. in 4 MA4114 ti ka4 03 14 12 APPLICANT'S SIGNATURE PRINT NAME DA 1 E Page 5 of 7 Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) E Accounting and/or preparer of R a'en ESA 04 c pA your tax return Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed El El purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ElConstruction Contractors ElE Engineers/Surveyors/Agents Financing (include current El yi mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) r5qLegal Services Real Estate Brokers / El `f] Agents/Realtors for current and anticipated future sales of the _ subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 • • .ice rsi =. ° 14'� T-.: =sue----c '�' r -�' Sas.._. •T tits= _ •= �r;• ,�•. .c_ :s a. ^ a�.__�.-• �y=._" _!_`..f. a.' J .�.J,z• }�� : ^ �/��•. ..�t .�f• �t;. .�.. 1 L:r 1!�"•��-.6 L__ 1�_..`� ... r"fit• _'�Y_ �y r.r,,61::t gr.. ` —s Sri— _ r+•zvr' 'i ''tts�a '. - _`u S. =-s} _.. • . a.T •tJ�•'r�' T a... f -!'� - _ �:.,.i�,•t -}';'L !��'4 —'�, L - v .1: .s:•�r•..{lie ••? t:T�t i•-?K'•.a sa,*•.:.!•'1l 4.!.' �. .�.' ._ :. .fi i.. '�.. to rj:ate t���} L? _�`. ' :i:S.L'.��..— ,f3.•.t• i.• i : r. ' •�••;!.;•' ',+�l.`6' �:i�..il.:.t!-f.. �: �., _ ', .. - �`Fh-tC,}r•,-c'.-.'T� .r..,zi, .. •.J v•}!. 1 J... ` '•i s. y :�ki'f:' _ SW .•.3•• ?ifs: "s•, +i;�}^•i'•fi _ . «• _„ •a�,,=. :rll'gmia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, i am responsible for updating the Information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. • OJGridn 51ci) ,51qin PROPERTY OWItnriGNATURE PRINT NAME , DATE e - mon, Page 7 of 7 43B•9 U1waiw io Alpo 43e69 QIWWV1 io A i VaSn'Vd3'SVSf'd IN31.1380N1't4WJ '31:13H 1us3'V WL sP�41Og4b eN ICiew11 8 e1WBiln J.kta%Meta ew�n le 4�h8 eWIO UL w Alio® d_UON '4aeo unl ZO'0 1.0'0 0 0 I iepunos A113 CW) slowed -- )(Jew lid lagel lulod SSaJPPV ACiewId-uoN fy ti '. 4 1 sopuo3 /� legel swampy haled )u!od ssaippy iagel 3ulod ssaiPPV tieuu!ad !w 1.0.0 1.0'0 0 0 OZb:6 £ZOZ `£L y3JeV 4. 1E2 31S 3AVOLLNVILVLOLZ •L t y1 d u}. ^G. 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Virginia Beac h ch APPLICANT'S NAME Amav 138 Hotel, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board (- The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law, SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two (2)weeks prior to any Page 1 of 7 Plannin_:Commission and Cit, Council •neetin, that r_ertains to the ap;-lication(s). ❑ APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: ED REVISIONS SUBMITTED DATE: • Virginia Beach n Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 2/Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Ay_f 3 g LAX_ If an LLC, list all member's names: M P- )AA) .S MA If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes] and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ri Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ri Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 impr gor mow • Virginia Beach •� El Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. E Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:Arnav 138 Hotel, LLC If an LLC, list the member's names:Neil Amin Page 2 of 7 \rtrg is Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code§ 2.2-3101. _. r h SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 # B'I'. r PLICANT Beach YES NO SERVICE PROVIDER(rirgirtia onal-sheeis if needed) Accounting and/or preparer of your tax return El 0 Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than 0 al the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed O purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ElConstruction Contractors EiEngineers/Surveyors/Agents Financing (include current El mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) n vi Legal Services Real Estate Brokers / O [SP Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have E Ir an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 71, f.1 .; 44 - y -` •. r ` y '_ r.- ,- - Virginia Beach t �CERTIFICATIQN: �-�- ._� ._- T - � ..! I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, i am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA . meeting, or meeting of any public body or committee in connection with this Application. _ f • Mc S os I4123 APPLICANT'S SIGNATURE -, PRINT NAME -- _j DATE Page 5 of 7 4\43 OWNER Vuginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) riFi Accounting and/or preparer of your tax return nri Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than Zthe Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ El purchaser of the subject property (identify purchaser(s)and purchaser's service providers) nConstruction Contractors [5-<-1 Engineers/Surveyors/Agents Financing (include current n mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / n X Agents/Realtors for current and anticipated future sales of the subject property • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development �J contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 tmer 'v` fit � 1°-, CERTIFICATION: , I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this A licatio . /V �l�,1 ✓- . 'o igot z� PROPERTY O(yNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 -m g0 -1116.11411111., Eo ......,E el 1. \ Cr-----------j t _...----\......„.r----- - I to 1 A 0 0 ------'d-P--- -- i _..„------- c to- 0 I rzno'" _, . „:, ___.....„__ , ..z. G oa c d _ c = — 1 u H p I' i a. ...-r" \ ,. � tz: , as \ • c --• r Q co - , iscr- ie • .........."1('-in ._,,.„ 1110, • 111644 abik, ' . 4 •,.... 1 1 . IMMIIIMIN,.... .) . 4 s . 4 limmh • :. . . ir • , • . pv.i. • gi. i -...-. iji:— --41',... • :* :—.11 UI!I ........ ...„.;.„ ... ,_ lim,„,1„,Ime . . 4....., ,, •am—n 1.1 .1- "II"P t — ,... ' ......4,% i 771115 ,..• 11111*11... . ' 1 ' yr 14 i . m ..--- ,4,...,5,,r. 4........_ , • ,.... .. .. .., , ...i 4 .;;'-:-.4... .i : lir •warn OW f t, OW s 1; ••••••■,Uu. ',"', •• ' • 1, . , • 11111~, U , •, , . . ,• , 0,.. .. , e PER!tV\E TE R BORDER REPAI 41ED & CAPS TO B FILLED 1N/PLANTINGS 141111401% CORRECTED PATIO i 4, 5 FT M I NI. PAVERS TO AVOID TRIPPING PLANTING FED & STANDING WATER BOARDWALK CAFE CONCEPTUAL DESIGN Virginia Reach APPLICANT'S NAME Guru Parab, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Exception for (ED1P) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two (2)weeks prior to any Page 1 of 7 Planniny_Commission and City Council meeting that pertains to the application(s). El APPLICANT NOTIFIED OF HEARING DATE. NO CHANGES AS OF DATE __o „.. REVISIONS SUBMITTED _'T_ DATES sac,: Virginia Beach El Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name._ &_ If an LLC, list all member's names: Nk(-#- - '�t�--� . If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes 1 and 2 •nIoNCX 1E,:8 SIB.W,WmAG.T.=VW. TS. W.'i" SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Li Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: 13 ° pl)ay' At If an LLC, list the member's r110/100 SAh. names: Page 2 of 7 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (1%nail 5qh, (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§ 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Iiii.-.„. APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) I5ZL Accounting and/or preparer of your tax return Vedik-s,/ Li:i A. ..F Eil Architect/Landscape Architect/ Land Planner DP M r bk Q4'MC'- c C-6 Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed El R., purchaser of the subject property (identify purchaser(s)and purchaser's service providers) LIR. Construction Contractors ,��S u ,qe� -D Tom;��s. Engineers/Surveyors/Agents ki • Financing (include current U mortgage holders and lenders c a. selected or being considered to provide financing for acquisition or construction of the property) CI Q_ Legal Services Real Estate Brokers / 0 a Agents/Realtors for current and anticipated future sales of the subject property e .. ^-s a _ss Yea i-^s:NM i_.. srr--.e;�-tan_ x. r If a• __.a-a `a . SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO I Does an official or employee of the City of Virginia Beach have I Fi , an interest in the subject land or any proposed development E j contingent on the subject public action? 1 If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Virginia Beach CERTIFICATION: 1 certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Applic.t n. gsltk +1' APPLICANT'S I ATURE PRINT NAME DATE Page 5 of 7 ..S ..,•_ T.� �—i k� --P- .T. _ `_�- gTi.-'_LF.'.44- .•Pff-- �:._ ,- _ i-. ,r.-. R .. • .,.rfc:+ t.„ - om ' '� •� � ' t,Tr - , . _z;-• -4 - '-f, ��-^�c [ --;-- ` • • s .•� .•f�" _r_i.•��� •, -�._ • '_ " •1i•.mil - 4==- - _.� .•i:.•..� '.�'a=. tom_ .. f: • tlb .s / t7a.. i` • ai�� • At` r t • *:_ •'t... '.t ti�u3Ze 4,-. N �=- -4 r•.K- _--' • v "it ?F .r'' r _ • :-1 ..•t',..94: Tr - —1--7 - '," ''' ''' •a• - - .•''rOWNER47 ch YES NO SERVICE PROVIDER t' sheets if 0 Accounting and/or preparer of RpyN Ps 1► S�+� Cef� your tax return D ri] Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than IDal the Applicant)-Identify purchaser and purchaser's service providers . Any other pending or proposed El IT purchaser of the subject property (identify purchaser(s)and purchaser's service providers) DIE Construction Contractors El15fl Engineers/Surveyors/Agents Financing (include current El El mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) El En Legal Services Real Estate Brokers / El �-P� Agents/Realtors for current and 51 anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have 0 [ 11 an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 e-. _ - s.. ...+*.;- �_ Virginia Beach 1 CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meeting of any public body or committee in connection with this Application. M • • 71))Cirna s2 aJ o 3)09-3 PROPERTY OWAIES SIGNATURE PRINT NAME DATE Page 7 of 7 yoees umwin 10 Amo o yoees elulWUl to Avo Vasn'WO'SOSf'd 1N3W3LI3N1'Wuue9'32I3H'IJs3 VIIA 'woe ewl�w 0�4i0'4.Am muwa,u�10 44►0®'Vome9®Iw�n r,�440 sPao4�ogU I N tiewpd-id wM£0'0 &WO 1,0'0 0 tiepuno8 AID ::-3 slaoied -' tiewpd Iogle-I 3ulod sseippv kewpd-uoN I' r e e r 1 I I sopuoo t272 lege-SSOJpPV levied a Iw ZO'0 60'0 0 0 lulod sse�PPt/ I gel lulod sse�PPb�ewlJd OZL:l £ZOZ `174 43JB1411 OZe A 3AV3IINV'11VZLe6 44 , aw «<-LOCI ZO I,31S 3AV OIIM1f11VL0CI. tiuliy, g0.o0p 1 �w .I 44 *,, 20k L IOC&i inn Sri^° ...-0-r it AUvi 31S 1S O NZ 001. �,,,...�«r""""`... 1 ---" ,ram' AO ,�- 3AV 3 WVlarlllt Lit t Pa I ajeo )ITE.ncipieoH v I S UEa3p — anuaAV 3ilueI;V 10t I 1,1 I Illitaillilliiii1111111 IIIIIIIITAmmoispaisit.,.. simmo im„,ftaimil.. in :1 , Arm.........,....... 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' 1,40%,:14.tt!". :NM,,.•' -;::-.';'' cAN 's 14 fotticzNALy.,... cAre L,..,,' .-..,. .4.,,,- ,4-,- --42......-:,,,,,.... .., ..,-. k 1"' ' ....,..0:'- :'0,,...,Je. • , . • ..!-,,,,, ,,..:, ,,, . ot.,..4„: . ..:ke, ,.:.„,• ,, 0 , f•Z. * ...., - •-, .., ' ,..tras;,,,..., ,,,„,... , !..;.L,0.. . - ....• Is -.AP. ... .,„ .....„..." • .0, leoler. ,. -.... ...1; - • ...... • . ..., ,„ 11011940411;`T - Virginia Beach APPLICANT'S NAME Ocean fifteen inc t/a mediterranian grill DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDI P) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 4 The disclosures contained in this form are necessary to Inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Plannin Commission and Cit, Council meetin, that;:ertains to the a lication(s). D APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: D REVISIONS SUBMITTED DATE: Vagina Beach 1 Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 17 Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Ocean fifteen inc If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) Khalil Hanafi Mohamed krifli (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Ei Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 y t.1.nr'4 t o t �y7.. i o �.1� ,--4,-4— • f - a',7'::-0 f;W ���j ra,y r „�i��J �sri�y�5-�`,�~ f f 3f ,.`�) y?'u t,S7C 3'fi,��'.y,�},;> 'F�!�� +Srr4ir�<1:r•l�•>F.,.:'P �(r"r`;• Y £ .. (''`e L�r 7�hfi w i:r t"r{ s t :r AP S�•._t f.- ►,y. A4 :,. e-• ';r+. .0 r:-Zvi,'�•..�8 � ,t.1,� x_�y7"d�'S 1l�•,..�i" .Ylvr .a�•.t•� �. f t �S G t'. �b•!.��y 3��"ii a2.�;4:'� �� ��r•{•, Y..,,A r- :��,• �y -4(41.,Z r t;yy V. . it ' '{t. '' 1,�(t ,'.-..*2' -,.S�C,l,''''--<4..t1..�}-.'�t , :' ,.•, ft ter Mrs <.'d• �4 i"•A.:'� � r' p }O1t X i!r'nr`.1! y.3is r` j �u►• �,t• �.. .� 9� �i. � ± i t.�t t�? s .�Y� ��r y' 'v ,sti } 1, j n• .f Y �• %,J:(r.Y.���iY �' M-J .l�l� rr_R.,�`"'7f'• �! �f'' ..� �,�yy .t f.I t .Y•ly �r., "rt{'.` r,'� � �. ,# � ku5'1-044f. .�`�. ..rf, J irF l'I1 • f. t:+ :v'te1;(,''•Yq, {vi: ;'f-y 9 r �l...►fr }• S "'*a: ` j �: `�t y,y,'� 'r17. A t. S- `�'�,q? '"'�.. � ''` `.f;��'�i"�.. ..`+t'+iJj. '�1l••,� It' +47•"+i,•�dtTrs„�j,,,. 1^ t.lIt • . &w " _F ,4't ., 51 `,� t �t t FI`',i ,%('f':?IpRA ,s:" -"S�rr ti— ce 1 �i it ..-1 i•L�,,Z- ays-,' .i -` ?^'„ 'T.i,. ( P^J f f !►: t1►• trii�T:�r: iyrc" , .. •11.t'�7 •, t.V .�Z F'y7 ` ^_�. y 7 r+i' . �. _." tJ- 1:- 4, y�: c�. y i y r 4 H�.t fit•. . T L� �i 'V'it ti, i:• 'f 1 �� i. h " F/:•.-4r T�7�� '' ?ri� Srtt�.r :." t CM r}�+�~ ti i J •7 b yv�vi .� i •'ti -y�./., r`/�� �.'7�rv�`��I• MAS /'• + t.rl YS I: , .4( �- 7,, ••i•: ,to �y,.; ;. d;Ir•. 7 t1t l t:r Check here If the i:t �'t y . T l$ N9T a corporation, p ; a =, business, or other unincorporated organization.[21 .L' Check here if the APPLICANT" S a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:,,,_ If an LLC, list all member's names: if a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list If necessary) (B) List the businesses that have a parent-subsidiary / or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for Information pertaining to footnotes1 and 2 4 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only If Property mar is dltlrerent fiom pIican. Check here if the fa0PgRTy OWNER lSNO'a corporation, partnership, firm, business,or other unincorporated organization. ECheck here if'the PR TY,QWN R isa corporation, partnership,firm, business, or other unincorporated organization, AND 711EN complete the following. — ff an Property Owner's name:.. S (A) List the 4 �' l`,� 4 4, C IrLC, list the member's names: _ rdl �PQ, �� e4 ' A C g �°R 7- / ' ,r,,e i vA e4 j Page 2 of 7 . yy , 1 t 1 f `:•7 1 J.. .'..: �.t-.If, ' v: ' ,:/' _i.J y�i!7•.. ' {7� { • { •' •.l�' 1 C l.y''�•�r •�r•, rf 7� t v,'.1.�.•%•Y•t �J.7 y� �`vs t � y•'r �jC�I.• - 7:i p )�!: 7u1y.-:. i r F�-7 f.ia.ryt� .6.,�:..(�1:"`ia'�.M•y •.r t•i.+{�./�-f'....."1 5%�:1 .4!•-t., Yj .�.�i�rilCs .. ��- r• r* 1.::r' .�:a• .. i".' - .: IZ +f n .dtl�'�'1'fi c �r y���A' •I1� N� �r��•��•, 1-y 1.I Y}..4. L,.f! 'i�i�:.�f4-.Y• �in- i �;'l t,,K. 1�_:-•,:••..�;.(��•O . 14 -t'u i 1- i+.. i• Via. .Y `'� 'i � `�1:..� '7 y� f... r;�•dC.t �:,t r ' :yyq.: �.t t !1.rC••f�'•{^^ �.'k't �:�;. L,.t!'1�_.y- tc' -:..�• ,/ � �'���r�r• �4fS'pY �r 'r f`-. 1 %� 't 7,'���+4.. {A �t^-. �3(ti'Nj� �. � x 4t;••,`J. o° '.t' '••/ ... Itt -): ..... A'•.hn;.7.�. / -.�•.4,„ ls� .... lr. A H . . T 1',Y_r♦• 1.)J' ,1-9'.1 r',,. t._•` •1j/-44 Lf.%0• �' �S •;L K, !y "�. Y�s�. �.I ,.�.7��:�1•re�i �.//��r.�i.� �� �. �'1�.4 tPt ���31r l ti.��. �C.�. ,���%�$y'�'. �.�. ;� A¢y�7'y •Y }• .il -1 Ar'G v '� t` 'may►,`, 'Q� y t y j]f. '[ ' t •r . .K 1jK'Vss, 'l t�� e t•:s. �•, ,fi, t 3 T YI '�•� t t ?• +• ,4�Y� r ��•� tyy` 4 r �s� ll - ti .%a I��tit�•', C. ice,tr j� r rl' 7.7+XYr,.1_, etit% v.1 .; ;". 7 ,, I ;t•.i•' .. ,. .,,!i.•}J is! ,1i�v.r j1 ': ii. 1 ':f' Ay����.0.3‘ 'Pen d,r! 4y. td%.4 t tt' '�,..►.Yti, - 1./ , :4• �f�� 'i - f7 �.IU�n r' bi-t If a Corporation, fist the names ofall officers,directors, members,trustees, etc. below: (Attach list if fr necessary) .e.,e . a ik#4 A© -rill ` ' 6, • C7 A 1 ip,7- 7--" A4 1 ig 14; f vm tr/li-6'e A, le � entity businesses that have a parent-subsidiary or affiliated business (B) i7t.0,il 're",eire 4:-/ /71 ...--/A 1?e 4 List the businesses 2 relationship with the Property Owner: (Attach list if necessary) 1 'Parent-subsidiary relationship' means "a relationship thatexists when one of rporatronnanothe directly corporation." Indirectly awns shares possessing more than 50 percent ofthe voting See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101► 2 pAfflllat4d business entity relationship" means ua relationship,ri ownership Interest the parent-subsidiary relationship,that exists when (A one business entity has business entity,(II)a controlling owner in one entity Is also�u controlling siness titie owner In the other should entity,or (till there is shared management or control betweenthat the be considered In determining the existence of an affiliated business two entities;there common orsame person or substantially the same person own or manage commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on ^d�1 basis; or Conflict of there Is e Interosta se a Act, e working relationship between the entities. See State a Va.Code g 22.3101. ------ SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided In connection with the subhe answer Ag, gion or any p e a ° to any item is YES, please identify the firm or Individual providingservice:PLETE IECT1 HE OWNER AND APPUCANT ARE DIFFERENT, EACH MUST N SEPERATELY Page 3of7 _• ,- Sa n-r- '�x'9E'�.>^""a r�t�. -fit"'a t r'4���;"9'��,,,k.Q. -:�.'t' r.-s. r . r sa.�' '" � ... Virginia Beach, CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. APPLICANTS SIGNATURE PRINT NAME DATE Page 5 of 7 T.t ,"'�}•'a�-� �•t�.r•a+.' .t,A.�♦fir( w a� A1+ 't. .�',j, 4 tiH C ry• � yr,f.` �i : �, i('"'o' 'f'"'S i. '��t�'! �' '--. yr,.w .: '�I n 4� �f f r Re tit fF'iry.'.,, r l? v t:Z..i;-{4Y f,{717,Z,a:lftlie.:—l. : :h 1'-$,.7-i:.�: y' S ���'4-Sw` ;rr.r"L -�'t�, '•�:�•:,.� �,�':.�, •41{e•s'A �; +trs C '� n.�l�i•L9J"�1'iia,�r -r• .S�•'�+a. •: t' { ”A. • g r ` i. ..W ,L `,+y, �..�.. ..,vt,,,.ari,i♦ •\tr ,, a ICi� 1 + t .:� .-a':1..�1.. 4�, .'.1,,.. :.,,. ..4„: , •,i,. n� l��i ;1 ,1�f:lY; YIi'".� � � K. •�'k'-t0.'.f, I� r�4 ,r. �f�.L 7 fir` .l�r.' 1 + ,- �• " • '�"ri Y.�i: .+�' #�, .-:?',Sr• ��SJ.1'4`.Fri y r'. «T�'�i.;��`R-. A, ....`1tiy.�;7.-.4t.;.�.�•.��. .w;�1aa�.. a 1%% it'•... .i :i: i r.r '� •f ,.a� "��' ! ;`` �.?..'Y }"� L'+^' �b '7'si•rA1y yf�!`i ��� vt� r "�� 1. r � w• }y�{'Gf7f w 1 �'�:y 1� i }• f�.r�ti` �tn..�`yy�..-'+-4'^,'� 11 '� js.Jri ATM_ 4•- ,rx:t;^:t �" fitz ' t i . _ .Y.:f r}- �`,,,- rtA; S � - IT'S}`♦ },� rf•,fi,..” +`�; ••`. t lY '� A-0-. ' r� . , ` _ y .`.'• ...... 0" zit',, ^'y.„-t“,01' + `1i' l•' 1 p.,. •r.•.:,�� �.i���... '�, �;ttt x !"-;j "`• �b 1r2. h`_ +'3; • ,l 'a'AXY.1• +,1 i,''• :•-. - �' '#\ r'."'''''''-, •T r .•� a �._t�y,� :: • 1. i' .;�n:Lr. .',• { 't_c r » ,t". t ..' a �.►...Ti ,',• r` Y• +lCi ' JaA"." cN ��S - •, i �`!s.' :t. Via. Atfr • k �:p;S s«+. • .� w.•� �� aI F r r;.•• +'t.r'=.•a SMlw�rj'^fil ' I 9 ^^'!Y .r,•::i.5 '" ' .�.. Ga 'OS- ` . i . NOczi SERVICE PROVIDER.(,.7. -- ;:.. _. `.tit ._ter 0 Ei. Accounting and/or preparer of your tax return Ei. Er -Architect/Landscape Architect/ Planner Land Contract Purchaser amher than D. the Apolcar -identify purchaser and purchaser's service providers Any other pending or proposed _' 0 Er purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors r '____ , Engineers/Surveyors/Agents Financing(Include current 0 mortgage holders and lenders [3's selected or being considered to provide financing for acquisition Er/ or construction of the property) CiLegal services Real Estate Brokers/ DAgents/Realtors for current and anticipated future sales of the subject properti SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO `___ __' n_ Does an official or employee of the City of Virginia Beach have E-1 . . an interest In the subject land or any proposed development I contingent on the subject public action? n - if yes, what is the name of the official or employee and what Is the nature of the interest? Page 6 of 7 is Virginia Beach I certify that all of the information contained in this Disclosure Statement Form Is complete,true, and accurate, I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this •iltation. of4144V - a A1_ 1 f PROPERTY OWNER S SIC RE PRHNT NAME , dA Page 7 of 7 a �Joo 4n 2ullX3 Ja430 lupd400d Simms satin ll,adad ;- ! _Suluoz ajeD iipg ueauemallpaW -, ; lesAo� oa a oz anuanv olluenV 80St ��� ap3 map ueaueuaipaw e//'sup'uaamd uea30 - IIMIN -_--- ..,,_—__7..._ \77, ,.....n.,......„ ........_____ ,,.._ ...........t .......... „„,/, .... __ . , / .4......_ . ii ,. . , „ ._ .........". . , \ \ , 4,.... ..., , _ ....0. 'Pk .""'- . d 0\ I'I— k r % .J ‘ \ Y 4L.::"- r _ \ !4'.*\ ...\ \ ..... , -- \ \ f" e A r r c . 1 ' .,-- 1 Cl. f, _---" �S ter,.. i6 ' s , Y. } S 1 g♦lb w—� I 1 y i 4 !r ' Y i 11 t • I ilill. ► aid .•1 ij L ' I;r r .` 1 , i-', , _ - - 1 '" ' L. ' r 1 i .. ... .„ .•,:, ,,= .�: . - 7 ' ' ' Y�ai L'-' rju 11,1j'` ;iii'��. [[ -e f i" _ _ _ t I tan% 1' '. .. • *.' 7r .r.:1!i 1 _ -...- -- AV t iN- iii,),b . . . g.."..:- .1; . ., • • 1 . „, .. , -....., . ;s i,, ; �{ . r f, /. . 1 \ t , ,...T t iv . 7,..--„,.._ , ., . . . . A . ',,, f i r 1 1 <<. iii* ' ......_______,........._ ,i , k\..1.1 } sue• t^ i. .,. `i;li t� r-,15Cf • f i' I I F . I \ \1 . _ \ q) k ‘tA- _ Z ,40 0,... r, .1'i .{ f - .-.. ice'-.._ R Virginia Beach APPLICANT'S NAME Virginia George Co., Inc. DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law, SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any 1 Page 1 of 7 Plannin:;Commission and Cit, Council meetin::that ertains to the ari;lication(s). APPLICANT NOTIFIED OF HEARING DATE: a NO CHANGES AS OF DATE: ID_ REVISIONS SUBMITTED DATE:, Virginia Beach ri Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Virginia George Co., Inc. If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) George Kotarides, President/Sole Officer (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 `auvr �.:.;t` a...,._rcb,..-„..•rsaa a . .o.- v...' -- -..�:_r...�.v pia..i-R._-i :. •. z+ __rr_•s _ - . -_.r_sr-rr:�rra>r6--�, SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. nCheck here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Vuginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) rin Accounting and/or preparer of your tax return ri fl Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than ElX the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed LI ri purchaser of the subject property (identify purchaser(s)and purchaser's service providers) 111 F5-<1 Construction Contractors ari Engineers /Surveyors/Agents Financing (include current El mortgage holders and lenders ix selected or being considered to provide financing for acquisition or construction of the property) nn Legal Services Real Estate Brokers / 0 1-5-<1 Agents/Realtors for current and anticipated future sales of the subject property f_ � -�' .. a w•A Yi a+r lli-n�.i...-+i�-st4�i1 -...�!z.w/.•�+.a'1�:-'L�1!9f-.Y•.�-:a�_ 'J-� YTS Yl Fw"!4'�.Y..rl:.1+ai i���.La SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have E n an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 11213 s.r _; r s. n+ • OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) EAccounting and/or preparer of your tax return X Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than El the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed 111 purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors ri Engineers /Surveyors/Agents Financing (include current z mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) [1] Legal Services Real Estate Brokers / a Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 E e' I %6 "ji,‘ : -cigi 1 C 3 a t �4 t --:.---:-.4 6' i- e S 1 I ' :..„-,-.4,4 f. , t -a Q. A14 tIlE1 i 1 '.5 ' Dv • o �~ E 11 ✓ v 7 C UP C a. 0 ..1# k vt 4 0 o 6E � y • C a...., L• V g v ~ Ex C s sow r 1 �147:-, ' .:°: f:"....; :ow i t :1 ,:,_,:::,,,:, 6 zupd;ooi Suippng MN said,lyaadad r::::J SuluoZ aae3 shoe 42noa IENI anuany 3IIuelWb OOL1 eeaj oz 0 oz 1 4 air sAog q noa 8/4.3ui'o aSroa9 elul8Jut 1.\___________________---------- Ar �r y ,..,w ,� ',„,+.Poe; '. ,' h _.,,w ' "....r ..--"'— ter__,_---i' - \ _ ( . • _ 40010.0 .:,, ... r A } ,..-. - fit, : ium. a4 1 , : :0.000000000. ' `ate ij'' - '� z . , it ' _ =..,..,......:;-_,, . . , 6, —4- r;. a . _ . . ...... 4.... .R- } .' . • 3,' ♦ i ,s. . _ 4 1 , I • # r •e ;: . ,,. : . ci. 1 a.: ,-- 1. 1 :. if , ... . 1 ... I MM.gig . i I; igiltili ; jj NM-AIM f 4 . s * i € !tires. • • + 1 • • • a # # ::: . i , __._ ,,_, : ,i: : 1 it it,i___.74:„,_e_,."..Iiz,4 ,,� 0 4.0.1* : It i .jam..•.OY►:r• `pa�+•.«:- T•z t al • rt :.00..i • ...ar.. L. -i or!•rr w as +r—rw \ i .... is mom- ...... ,,,,.., •. • ~ �` . V` + .. E.,, to - . p. , , .',.._. a , 3 I, :.,, ,.,.. . ......., , „ ..._ _ , o 4„. . .„... ks� _ , _ __ ___ __ Virginia Beach APPLICANT'S NAME Beach convenience lic DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law, SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Plannin Commission and Cit. Council meetin.,that;ertains to the a. lication(s). APPLICANT NOTIFIED OF HEARING DATE: El NO CHANGES AS OF DATE: REVISIONS SUBMITTED DATE: NB Virginia Beach nCheck here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 7 Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Beach conveniance Ilc If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary ' or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. 0 Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, — business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 ;'4•i7 *curt • 1 .1, v n ,,, ;z:L:, •,ti t tt o'•",_' ••• ?•• . x 1'.. ..i1•afi cP 1, :rT`.r�• t• •A•.4 •rfa...• •�:f J� p���+'p"� ♦'1..s..- Y..rhi. � "` l". ,1•W�n?f,,.� ''CIaS•d��• .� •i ��_�'`•;t f!• L At.1>�•}i:ity .at•�.%}°� t.j �• •)- +, ' ;'+�, + i�•(• w!� ?.,,1 yi,h�tr,�; �,-.1I+'` t�',�...• s:?+• r�`N}w �,,;:j�i.:7f+'+'d �:�.� !{?i �` [�•.�.,.0.9}..�.;•,[�.r .� t.• su.: .-�,,`_ . y ti Y tT . ?.� ti� . i 1'4, ',' .F .4e Acr*:,,,,-Pc...;,-, ;. X� ,z �`4 !:a 4 ir4 � '4? �.k� it i;fa . ; D }.)�-, p '','S+, Y -. .11 Mn}-�, ' J; . /••,�i r1X: < f#"�C ./2 ,���!:�t ....�''y�f ` :-+j+` ! rr/ ,,�%.•'yZ'. `M «- i'; .�'}q,_.� ,�/L'r ��� {'�(�,,/' .} •k!-, r 1, is i xi' �. ` ; .. 1 ? tit , , r,,- Y ,X9,;,,',, .f ,.- . i�ra`+t:. m; f: ces ,`:tr- •J f L�`rf':b,! � A' ,'i t ( .��C ,y' . '•.' r jr?Y}�� .. .•tip N t..IT4 '•P .J+ • ' V �. ',.. r :.::i3� .d'•+��r'r[ . {� • t .d.'C.g ,1+,:A: /4 -r-�4 i'7,�„• ,- ; r�-,1-rY�• ; uL;.i i !'-t -�•M�. . ��'t77A. •n ,, ti� i+ . i• :,,,- --k, iY`citA.,:; ". ,..1 , t ~i • M4! „. '4 cl '•". ,r W fM'i�•.Me e'•!t•� .•"^ ) � .7�r i a } )' r^,t. _ Rt J�tiv -..\+�} 'ii `r� ` j"•ti';a}' + •, jet!"+.'• +% i r F^ ri•.• "'"'.'�:44.1ii. ....,,,. , . +,4,�ti 7:L.riS t S•.` Q r 4��n,,,����" _(�: ��: r,t i'A,S 1 t r to ?. 1 , 't .` •,...,'li �f:w � y•t.�. } .:,'iL"C %• "",�' ,r r t••5•r r_ .s'A•Y- 4. Check here if the T lS NDT a corporation, :' ` '�partf;' business, or other unincorporated organization. `` ' 0 Check here if the Ar11c6NT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:�___ _._._. _ ._ If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list If necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for Information pertaining to footnotes' and 2 4— c' SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 •i i , Li 1:.at as, i E ti[_.acr • u : , _ a, , Ej Check here if the PROPERTY OWNER jS NQT a corporation, partnership, firm, business, or other unincorporated organization. ECheck here If the MC/PEATY CAMERA a corporation, partnership, firm, business, or other unincorporated organization, AND THFN, complete the following, (A) List the Property Owner's name:.._,L„4LZ Q lr C C C If an LLC, list the member's __.. ce names: Page 2 of 7 <: .�1, ti ty7-W,ri >-•.y '' :-1 r- , ,t+ ! _.. - ►. i ♦ �r?a l� 'C�d t'. j''f. } ti,t 4* s Jw_✓" peel., � ��'•y"'I;'t ;x;.t°•1't3Y.i. *�^�1...y:Y' fir.:'§.'af 1..f! ?71 -4�•#"�f�.a. f +R.... - .t 't-. .1.w.Z".:.7r= .-f �,yt .'•".i1T- '` f ��.:!'.J L{it~f'�-t ,14 •.i"' J =i f�-!;''';'•.a.:�f 7 r•.�L.;s.°h. . .1:' ?is r i6 i,�pi: i 5 •7- r tar.. ` j+� :'•X ..1.. •6 -i ;•:;.. .1 -4 r i►_:. • i r :� ,�"•.y.1. ..:!! v'__'){('• {•/•�._�' � / t'.� Y if L'ry` .��' >v�, +,.fy. _•� � ... f f: �,�v�•''+•,, •},i1.�.0 -_ � C. `� +Yl.'� .4 �Y 'i.. ti't s t 4.f .� r.f i' r •.,• +y (' � r". � �% •.• Y�. 'S-fr 1..}.F.f%'`�''�':'.;r':�:'l1'•, 'r� f�✓r f'.rr�-.. t�l �'l.. f ti-. +;.'1r).`_1(- •I _ . . ,c�r..� tiL .4. '�•X:a: #,„-st f o b';•,, _{ !... ,r ,. ./.-r ..v.[.yam �i,, 4 ',` r '.+ I, ! ,{� �T�� '.:11 ' a, 1 a; �}y ,(.1- r, a‘...,• :;r �'`.`, r.• L i. �" i. it �.Ll< . �'��,jt�Y ;�,/.•'�••�.jl -'l:f, * 3• Jr.h a.�"�,y.7.Wt'f'iiR�; y.t.l 'ai., t1���df�l2' f,, ra'-y�S' J`.`i.. N ry! �.y�:t,�.,.J ,���•: �,.t ' � v.��}"t.J?ill: :y. Yf",--..,: ,0- ,,,•Tt:,; f fJ(� ` ;,, 1,. .. .' F i.•'yr. 2.••=e• df.,i'4 1p• .,3i::a,- `- 1,- "';.�Ct 7,^�fq �}_t4..Nr+.L i ;:, .T'yi` ;f f•'zR'L.',, 1�in . , ►f�`;. '�?• 1 t•.�re3! .� ."S. 'T{ 'a ._ , 't"%�:4 tt 0-1.� '' `"'• eo k t ri �: 7}�t4+'-r.IC, a� 1��.,�.i�}}-� r�)?*' y_1"' .y� � ""' 4�{ .,.f. .,�.r WS`i�:' tr _ J r. r C�,F:�`;:Cf .V )?e. � •'�'n1'7� 7"S Nty. •, r +arse q.,j �.-,r''j.. ..�Z ..d*t.C' �.:, •,,�, + !'�(rTi ,i� . .`Y.•.,�t�jF44 _y,f,#, ;y t_• .::'.u.;,.4 l._iri • :EM •, t3tr. " t.-iz-. ''�,. '''1i31 - - .vF r �u '-W 1CY`�z� n . fr Qom' • u {,.`,. -t, to, . F . - - ,-.. , r,1-f .' F,•;'•:�< , ti'.e . • -.ova • , If a Corporation, list the names ofafl officers,directors, members,trustees, etc below (Attach list If necessary)4D -1111 4 4' Al4/e /4 j , 151eivih-A-iv la?b--ef e A 4 igA,7- 7-6,s-14; f ..01 trill.49 e A' 1 (B) List the businessesi that have a parent-subsidiary or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 °Parent-subsidiary relationship" means 'a relationship that of the voting when pdw�er of another corporation cori�orat on.' indirectly owns shares possessing more than 54 percent See State and Local Government Conflict of interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship,that exists when (I)one business entity has a controlling ownership interest in the other business endtY,(ti)a controlling owner In one entity Is also a controlling owner In the other entity,or (ill) there Is shared management or control betweenbusiness entKy relattonsh p tnclat should ude that the be considered In determining the existence of an affiliated business same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entitles share the use ofersanr►el on a regular basis; or there i same s ccheru�ss or e�tiose es or otherwise share activities, resources or p working relationship between the entities. See State and Local Government Conflict of interests Act, Va.Code§ 2.2.3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the erect of the, ApplicaJon or any b45inekU o r_atinq„gr t.4.be o r gfi the Projarty. if the answer to any item is YES, please identify the firm or individual providing the service: iECTI�N OWNER AND APPLICANT ARE DIFFERENT, EACH SEPERATELY Page 3 of 7 APPLICANT NaBeach YES NO SERVICE PROVIDER (use additional sheets if needed) 111 Accounting and/or preparer of your tax return NZ Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than Zthe Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed fl ri purchaser of the subject property (identify purchaser(s) and purchaser's service providers) 111 El Construction Contractors Eln Engineers /Surveyors/Agents Financing (include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Li 111 Legal Services Real Estate Brokers / CAgents/Realtors for current and �` anticipated future sales of the subject property �,$... ...., ::• ip+�(_c-.. •S1. ti. !-i 4 :ar- w '. L...- fh l_t1Ci-.ssr-.:.. i.�LY'...JILii..�-+r..tom. •- -i.SST=1`-._li,ri.' 'Y�SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 'NB1111111100r— Am, Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form Is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this 1 Application. e,rA G h a a 3/ Z3 APPLICANT'S SIGNATURE PRINT ME DATE Page 5 of 7 rJ,iVl ',.•(.i'w�a%'�11� .`fTPt�t?,� ; e��y eit^k Alit r�,�; 5+�;'3 �-4,-;;rl� _ '��av t'_ tit:.i.,s��i' r^Li!L�1 ;i %, ',, w..��:s ��r b rr �F.r• �yY � "�•P.A a ' j�l'E t'(tcJ. � `..F yr�'�1Mt1�•)•S�•�► s�1r `,t�..M•i"!_it?� e.(Y•:N�r�fa j ~'�r fw ++�,.iz r,'4'i�t-.-frAtots. -.:eat. i; ,r,,.°.}�ti,*�.::,.,1• 1 2,_ ,1044,y-#•:,d a .Y�• A tiR'`'+t� i'�`iP ricil•9 ti 4 ",.,• X•:' ai -••AV::`i:.. K,"t"r 2cr�� ,R1 !S�\. '�k:' 'f,:`I:S�L"•1� .l�,7 � �y! i�.1;`�;�►1 ?- i y.,� y`+'ti A?J+r.d'�F�i.�; n �'i.: ��.•; =•� �''••:-'.��y'•,r^� �,i,t.� t-, �' Gr ^- s:Y .'t tom` •• .Cry c..f.,, .i ,'•',• '�•'a 7,.S. �'yti� r ':t.i: .r J= tJ � � �.�f �{; _# i .S9 :y4 1.,�4 •cYs�.�L*�!� '!' .',v '• �'�•'�. �M�'1F�f�.v Y, •'41`�•'t )�'�+.L iX �,���f '•..,�"�'.Y': rJ�� �' >t t Y`•,l,0',., t. 7 T '£v t(• d 4 r ,�,J�•'• ' ti�'t i F.�.-. ..' it l. ct`�•{.. ,5: .ir•ra,a ',d Ei .,,i�, i t 'K• -i af► - f�+. j , r . .� ''�` i�' LL7icF�t4F+ra «.v 3 r t %,yq �aC_iir 'Yw j, ,� ,ty '. 1 i +� r tir(i!. r ,:' •c t ++S .l.td'. •- > 4tf-'�+1,�y'• ti' y'i, ,.a•Si {lH1►kQ»t�•-�hr•at'• ✓�1{1c ôWNE . .\' ram' ' VVNE - -1.'')''""> L". .. T✓ 7� '• 1 .L Y-', r C: 't+.:.'Y. ,. •C! r.�. ;;�l.t•t,a raZ'• ',' b ... 1.r,. �w/�vi i f; t�i�` ' + 1211 NO SERVICE PROVIDER(1.144 « e ri r 0 Ei Accounting and/or preparer of your tax return D. [2( Architect/Landscape Architect/ Land Planner Contract Purchaser atabeLthan El el talicanty w identify purchaser and purchaser's service providers Anyother � - — - pending or proposed ED Ei purchaser of the subject property (identify purchaser(s)and Eli, purchaser's service providers) ConstructionContractors0Engineers/_Surveyors/Agent, Financing (Include current r 0 [ J" mortgage holders and lenders � selected or being considered to provide financing for acquisition or construction of the property) El . Legal Services Real Estate Brokers I — r r Eit El( Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO — Does an official or employee of the City of Virginia Reach have 0 . an interest In the subject land or any proposed development contingent on the subject publicaction? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 ,311 .11 Virginia Beecb COMEICAVA I certify that all of the information contained in this Disclosure Statement Form Is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA; meeting, or meeting of any public body or committee in connection with this Application. PROPER/Y°IN R'S SIG URE PRINT NAME aA Afflonamaxiim Page 7of? lulad;ooj gulpling EMI saup Aiadad SuluoZ ai.e3 4ods iaaMS W% *IPA oz o oz ZOT;lug 'anuanv anuelld SILT 9 4 a}e3 gods lawns au%311 'a3uquanuo3 tpeag , \---- .0, \\_\ SC /.D ..,, - \ r- c\ c-\-,--------'------)------ \, r/� ---''-\\ \' r• t �.,--- 2, Mir -----�'- ` r , b���r i �L • 0. 1 ,,, t s.. ,.,„.., ...;,,,,...-: \\\\,....* 1\ 11\1 I\\ . ,,,,,,,T \\*16**'4'41114‘4'"\\*6111•%.' s".'"..'. :\'‘ . / / : t . , - i -=, la... , iii z, $, t . • f i . . - - 1 # #. . 1 ` fi 3 ^ e i t • :a di �• t tea,: 1\\\‘‘ \\ _ __ ._ .' .. ' \\*\'.....1/4N1.„‘ 1 --.,,,•41.. -i, . --. .--,--,, ',r. @. wi .-7 t,,,, 44,.‘ • • ki.:".....1 fialfrpli :4 - \ , L:! , :, \ \ Al. . p•• • �:t s,}�. J'7 ` ., ram~ eA •`► ot ` j • ' • -' • —64f44‘ tilitai.-- ,:.' '- ' 11- - tt•.letitrtliff 11-v.,. .:- , .4 - ii.44 w1 • i ! _ ' . . "it,' ...,,,....„...,,e iiii ... • • 4 :kid .�. _ �..gairri �_ f 1 iii... - - - ..\\ '..*- t 4000.• ".....'. ' \ r-Ltts .- s* ••S . ..-- r 't. ,..... - 7:: .....it, *1111 ..fti _ 1 \II i c I dt e",„\.: 'fr• V._, II c.,,• .. s `-i. ." mil. 0 0 • til voi. it r CD '6. • S' ` fy. J t. T .. . • - - , .., : a!,,, _ il , 6 .,.- ',"' •...•s,•* ...A, ;i-.l‘"P....P.-,-, ..:,..,.".t--t,.,azig i,4-1.1 t0., -•ir.. -•i,.•,' ,. ,. r, i. i- M 'i, 4tr_,,.r 4 ter• - /��•��-' - ter,;' ! 7�.... ,1 • f `. :. r • - Virginia Beach _.._._.. APPLICANT'S NAME G-21st Street, Inc. DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Flood plain Variance Appropriateness - Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained In this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law, SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any I Page 1 of 7 Planninn Commission and Cit,Council meeting that uuertains to the auglication(s). I E� APPLICANT NOTIFIED OF HEARING DATE: 0 NO CHANGES AS OF DATE: El REVISIONS SUBMITTED DATE: ._ Virginia Beach E] Check here if the APPLICANT IS NOT a corporation, partnership; firm, business, or other unincorporated organization. ElCheck here if the APPUCANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:G-21st Street, Inc. If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) Joseph Haskell, President (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 . � :�.-:- ...-..Jam-. r �... i_a _...L k-$_:_._.ga.��,.-w.y-�-:z.-.:z-i.�.ar z i_ _�-i :rs is .-•.-:_• — - a=_t � SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business,or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:Ocean Horizon Properties, L.C. If an LLC, list the member's names:Nabil D. Kassir and Deborah M. Kassir Page 2 of 7 it Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) Birdneck Associates, LLC, Brava, LLC, Ocean Horizon Properties of FL, LLC, Kassir Investment Company, Inc., Menu & Management Consultants, Aldo's, Inc., 10th Street Properties, LLC, 620 19th Street Associates, 29th Street Associates "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than S0 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (li) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Alp APPLICANT 'Virginia Beach YES NO SERVICE PROVIDER(Qse4dditfonal sheets If needed) Accounting and/or preparer of your tax return Ei Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than the Applicant)-Identify purchaser and purchaser's service providers Any other pending or proposed 1.2 R purchaser of the subject property (Identify purchaser(s)and purchaser's service providers) ��♦ Construction Contractors Engineers/Surveyors/Agents Financing(include current `r mortgage holders and lenders �, selected or being considered to provide financing for acquisition or construction of the property) ElEl Legal Services Real Estate Brokers / D Ej Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development 4 contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Wzginla Beach CERTIFICATION: I certify that all of the information contained In this Disclosure Statement Form Is complete,true, and accurate. • I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the Information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this A lication. q064/011 14-tiRIO r //SID::7; APPL NT'S Si NATURE PRINT NAME DATE Page 5 of 7 • OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) ❑ ® Accounting and/or preparer of your tax return ❑ ri Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed 111❑ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) 1 z Construction Contractors t l Engineers/Surveyors/Agents Financing (include current Elmortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) n ri Legal Services Real Estate Brokers / ❑ © Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have n an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 rtiz4' Virginia Beach _ CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is 1 complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA t meeting . eeting of any public body or committee in connection with this A• •li, :tion. PROPERTY OWNER'S SIGNATURE PRINT NAME DA E Page 7 of 7 200 21st Street — Guad's Sidewalk (Atl. — Pac.) Cafe 21 00 ATLANTIC AVE \71t, 205 216T8T 0: 'q� _,1�.' y� erg �-----.. cgdillgIIIIIII it 2132-1 03 200 11, 1 , T70 , p —` i ; 202-108 ti4 ‘c1:311:4ffi'' +, k 2024ATLANTIcAVE 211e.21 ST ST 218 21 ST STI � March 14, 2023 1:420 0 0 0.01 0.01 mi Primary Address Point Label Address Point Parcel Address Label ® Condos I i % ti ti ti tt Non-Primary Address Point Label Primary Parcels •---, City Boundary 0 0 0.01 0.02 km Non-Primary Neighborhoods ©City of Virginia Beach,e City of Virginia Beech.City of Virginia Beach, VITA.Earl,HERE,Garmin,INCREMENT P,USGS,EPA,USDA City of Virginia Beach 0 City of Virginia Beach . . r in u.,,.... :, ...61,._:, ,,. .. lot., ..: . ...__. ,,r .„. . ,, .._. .. , , tt — . ' I -AimumMIN \ ' ,,...1-.. Aft' . \ I • . , .._.„.... __..., ,._ • ems""".e.^.' . \ ‘ ,. .. L,...., • \\it asetinte, .. . ... --- . ----„,".,,- ___. • ,_• . ^.-.::::,.2'2;, . Ili ' '\\Az 11//)''‘' '' ' - ...:---',. it f tea __ .. .....t : if 1 I. .�_. 4 - - ..c.. / ' \ _.. _ : - ;-=i:t t:, litT"- - ' I.0 4. .1..7it,. l c. 4.i1 9 t P}" ] k.".". • �d1 al, > ia— • . .1 of I e . _ ` _ z. � u.t,—. ,, Q tLJ ' likt,- 4 -.„ '� j e ' ra_ y �r A . a .? x a , ' . - ' / Ii1 ' i � lik • ar C .,_,.,- -.*:-/,..!:.: ...,;_,,*... `,.:::::xt.-.::... ,..:- 4,.- ',...; +,_:\r1.±,,,,..,\___ 1-7-; . ... ..._._. i ,.:L...;,...rti.s.„..___,.. 0 <C -— IC I lc� { ♦ 1 133,y►+�Se-erss,.�.aw�,4 Virginia Beach APPLICANT'S NAME La Herradura 4, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any — Page 1 of 7 Plannint)Commission and Citi Council meetin.i,that;,ertains to the application(s). APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: REVISIONS SUBMITTED DATE: A-- irginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ZCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. La Herradura 4 Inc (A) List the Applicant's If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) President: Wilfredo Andrade. Vice Presidemt: Jose Andrade. Secretary: Olga Andrade. (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 4 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. El Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. El Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:Sam Jon Associates LP If an LLC, list the member's names: Page 2 of 7 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) Ltd Partnership: John Perros 85%. Doreen Walter 5%. Stacie Perros 5%. Georgette Sierra 5%. Prop Mgr/Representative: Gabe Sierra. Attorney: Jeff Talbert. (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) NA "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 'iT q l..i^S'-.-�.1 V3!_3C'�Lt.L "iQ va-f-.,.:L�..�:-"1��i'—.E -.a+.ey"-ti� .:.Ji.S--.�Y=+r:..-ii.]!'��iL 3�3�.:+kJ_q•.1.F"i="a:lam.IDS.-+s-..•�...d-'.1_� SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 a\B = -_ Vi a 41111*1°;'' APPLICANT Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ri ri Accounting and/or preparer of your tax return E a Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than Ethe Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed I=1 z purchaser of the subject property (identify purchaser(s)and purchaser's service providers) IT Construction Contractors ri Engineers/Surveyors/Agents Financing (include current ❑ n mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) FLegal Services Real Estate Brokers / a Agents/Realtors for current and anticipated future sales of the subject property 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ri an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? NA Page 4 of 7 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is I complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this i Ap licati Wilfredo Andrade 03/14/2023 APPLICANT'S SIGNA URE PRINT NAME DATE Page 5 of 7 a4 \113,_ OWNER ruginia Beach PROVIDER Oise.additional sheets if YES NO SERVICE needed) n IZ Accounting and/or preparer of f , your tax return IZIArchitect/ Landscape Architect/ Land Planner Contract Purchaser(if other than r_g the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed El purchaser of the subject property (identify purchaser(s) and purchaser's service providers) mConstruction Contractors 1=1 El Engineers/Surveyors/Agents Financing (include current fl El mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ZLegal Services Real Estate Brokers / Z Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? NA Page 6 of 7 Virginia Beach r CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. ,I understand that, upon receipt of notification that the application has been (scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, siti mee ing of any public body or committee in connection with this A• • ati;7 f/I - --- 4nrwr •r; t• Gabe Sierra 3/13/2023 PROPERTY OW R'S SIGNATURE PRINT NAME DATE Page 7 of 7 11MA OS 06 08 CZ 01, 0 01. _ Y, - -. �( flies \ SuOWSUn5 tC;/.°.D �0 J so 1.3 11-:.,lot: __ , ,, k.,c, \—,/ a Uo+suet" Z a3e}.i fns pned ,' a3eds uaai9 CD ,............_,..- \ T.4 .?, Supoz lupdloolBuIpIln9 d saun Avada,d El \ , \ plea eanpeiaaH e1 :..V (3I11ped 01,allUeIW) aW►. aditi 9)23 llennapis Skin did t anuand 3l�Uellb 900Z .r_.-- r.r HO -"-" Incnrva3H 'dill d/1 _ - ..-- 1 '3NI `I Wnavaa3H ta''i , , \ sailn5"S uu1 v'c° ti' 1 i ARC- .yM j' F ifw.kwi3.:�i�TF%Iw '1I X r �t P�J .V L ;,,.,,,,,,,,,:, NI ,... / • # .'.. .r"''''' '..." / : / 4 ' 0........'."'"."4. ...',, L . •..,, ....... !4.,,,—,:.7•':'3.'''''"' ' r-- , „,. ,- • ,, . ...... _____-- c t I!!! . 'LA INOOD ,,r, .r,t,.�. . .iv . 'F • ( • .. 'Y��'�'•�A ~' � 1 ""I ' .. W'A•it - F ..., •7 , y � t r� '.� r ,.r ' . �..w .....�..r.� ,o...►....a.r..r..w.r...........,.+.•.+...-.«.M..w..rw.w'+i ��� f �, t �'»,`' 'Sid s: � ..„,coviv,,.-,,,,/.„,-... ;,.,, z it;y0:‘...:(,„ At.it,,i2 4-;.-1 ilk iti,..At itill'iS '. . , « FFA .01.0...r7,4.. � ..."..f ar...rFFj- r 1. "+. .,A./.r .q.p.•. ..,.I' � �IwIR„4y�,y.r,N .. ,. -.9lIF_4!' ' i ,� _4- ,..:, -,; .sex _ , „ E ,, 1" y ! 4 t r. p 'a, I , ( l �I�I r)1, 1111 1 • i it a ,N i( ( << I ,I/ I .. _ 11 I I ', R I 'i 04C16) AlLki\/1/ Av6Nve . ............ , --mm.....--...‘_-............... .. . __L. , m 11r-r2-,Pm u rapt sipev4A- --. . , , . ... .....itUll ,.4 . , ., ' , (A-n...- fit ) c-fk F6 , I , , , . „... .. , . • •__.___ .. _ _ . • _ ' Virginia Beach APPLICANT'S NAME Pizza Maniac, Inc. DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained In this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Plannino Commission and Cite Council meetinc that..ertains to the a.zulication(s). El APPLICANT NOTIFIED OF HEARING DATE: El NO CHANGES AS OF DATE: REVISIONS SUBMITTED DATE: Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. E Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: A Lt imicvy If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) 11-511/ 1k) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 4-m 1»a...6.• -= `i2.A•q.FXM SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 onlyjf property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization, Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN complete the following. (A) List the Property Owner's name: NIS P Z- z-1-6. If an LLC, list the member's names: 1,4 t T PP-7 St_ Page2of7 y _ 1112B-..,/ A . Vitt Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 APPLICANT V'ema Beach YES NO SERVICE PROVIDER (use additional sheets if needed) ❑ s Accounting and/or preparer of your tax return ❑ lam. Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than ❑ JJ the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed 111 E purchaser of the subject property (identify purchaser(s) and purchaser's service providers) ❑ Construction Contractors ElEngineers / Surveyors/Agents Financing (include current ❑ n mortgage holders and lenders I(� selected or being considered to provide financing for acquisition or construction of the property) ❑ E. Legal Services Real E B / Agents state/Realtorsrokers for current and anticipated future sales of the subject property • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have 1=1 u an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 • f+ +3 .. a _.......� Thttaia Beach de- CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. APPLICANT'S SIGNA PRINT NAME DATE Page 5 of 7 OWNER Virgin Beach YES NO SERVICE PROVIDER (use additional sheets if needed) Qn Accounting and/or preparer of Lei your tax return ElArchitect/ Landscape Architect/ Land Planner Contract Purchaser(if other than Ethe Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed 111 [ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ElL. .1 Construction Contractors ElEl Engineers/ Surveyors/Agents Financing (include current ❑ Li] mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) I r l Legal Services Real Estate Brokers / 111 Agents/Realtors for current and anticipated future sales of the subject ro ert SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO ` Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development ❑ El contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 f ' irgima Beach 7 ice. o CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. 1"S'rc M lT T> 1-1-&L 3li /2023 PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 iy LM fl J :n a g W O a•0.n U — t U R U o - 00- -14-1 LOv U eW COo — o E._ 5 1141 O \ u 5 -4—) 1 • as RS t 'Its 1.- T3 N l 8 � CI-1 8 N l 2 N0 v. 2 8 o 4-) 1t \-(1.) it \ , a a z :18 1.4 .-d z N 2I\ 0°: a z° N N ii 4 8 N 4 p \ , To N A o 3 o a ev gm i .13 Z N o N c� r- cv ch E 0 a z cx .1/4 ,, .. •,........ : I i : ,„..,„ .=.,.,:„.. . f . ....„.„ \ , --- , i ...„ .. -.. .r . . . ._, . .. ...._ ..,. . f . . _ ....„..,„ f „. , , : : „ .......... . . . „ ..:. , ..,_...-, ,..,.. .. _ - • i • - - t i '- i 1 , .• it J. _._ . _ .... ... - . . . I- - . . .. . •i *._._. . 1 ‘1,- _ • _ ... ___ . , , . ,-_- . -I. •el* Aid.r.L- '.0 2* _ • • ',..r -u, # . -..1.0.. ''' - • ;,.,---- •- •--.4 - , 1":: ...,f.:".„..4.*_; _., - -- , ;#0 , . .. . . . .. .. ...,..... - 4111111111/ 41 V - . . 10 I :•'. q • ‘Pr- -t t - ,I ,it ,,, ... , ..i,.,: 1, . .., 4- lir - .. =. i . ...,'Air 'I' i- ', 1 . 1 i _ . . . • • i'' * _, , :-• - -- '‘''' .t r .' le' A -, :if. 4, •--.. ...1 • ..'r• ' * 4 4 . . -. . * 0- . e 1 4 :...— ..- , __, , . ._ . .. •_. I - - • . .. ..----.....mota f > . . •in.45,•zer.--:.*:- ,' --- ' - •-• f -1 -'.• '. 4. • , .,_., . 1 a r.-I • ' t : .1 f . .-, ,-..e,‘ f ,,-- ••-a,. V . -: ,,-.,,-• . . .., . 3, •-.,. , - .. ... ' • - ., i , , .,4141... .., , • , . _ / MF . IC .." • • I :ta, t - _ , ,,„- •• 4 :4..,i - - -*. i,„tz-4.-A" • J.-4-= - 11.--- --- - 4 ), -- ...............„.. -...... . . , . ,_,.. ,- . : : ' -- • ..., f, , , . • iL. 41 ., ‘-`„,,,. ...._ • , _. 1.... -.-,-.. . , . .. -,tii--- . • •• - -,4- -: - '-'id''' • i. ,-,..... -....1/4 . - • -_ -iii-0.--,, _ ,....... . . 9116...._ . _...., . :.. . ..._ . _, . ,..:' _ .. ..- . _ _ ..„-,.......4.- se - i1/44,-.„,,,_:::-. 1-• 4-.. \-- , ' ao.leene-- .-''..• - ' .- 110 CI.'"*. 4'.4.- ---4 4 ' , • ,Cli••••••• .-- 4.!6., ' i' j---1., -4- _•:,...-ix...-, - f .• .• 47- i _ -•-- - -,, - ' ..< I - c,. ...'...... . ,.,.. •— I - , • - 1.',.,- -- - ' . -104111ft . --• • '.: ( k( cA L...,—.1. . ...-. #.0., _ 4 , • •• ,- Itel 4 ia a . a --• --- (N--- .,z,-::\ f--?:'•' jr" ' •,•.,. -,--,_,:. ., - ---',.!----,. ,ir-- i...::,.: ,, ': ;:t- -e• • i.1........ - . .. ,„e,..',:"'!,4--"4----;.--4-4 • -± A-... . rs, -i...1.-. . .. ' 1 • ''... .ti..±- .f. :' ::"; ..,...-- ' . :""4'.--''1-'--. L"- --4.4-4,_.,. . ,,;'••, .7,4.--..".: .-.;-,.4 rwri, ..-.:,;-,:r V.r. .. w . . _ 1 4 4-4-1 . ' - a..... _ : i .., -,---. - -----.7.7 t (\Bo Virginia Beach APPLICANT'S NAME ocaws1nr.._ ttIvEs-Ttn hss o�c,,� s , L. P. tN c tuuh`l `S (pi*boot GAF IE k T WcA.‘Wi 1 u t4 p c.61+wS*ea - DISCLOSURE STATEMENT FORM sue) The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness - Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of Interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY%All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planninu Commission and City Council meeting that pertains to the application(s). [� APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: REVISIONS SUBMITTED DATE: IYY• - ,..-:.... Via Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, artnershigD firm, business, or other unincorporated organization. (A) List the Applicant's name:Qc ssfls- V4•ITEAIThrstalf4earerou v 41 tp" ae.V%A6/44144 If an LLC, list all member's names: 1+mot irr-ao rs of• L.1b1& 1�1 n INC totN't`& t O�A14 S\b .- A c5;,< 1 iw+k corkapi.. f O.r btb& GiNf e- 'T (*Ate( NA4 OctANSAtf-01J.41ksive;) -u•D t.) to-thw4A4 If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) 45'tE. P•0.1 -- 0 F o C-64.NI .t D E- t t4v�`-3'CMf.N"(" P 6 CA P( -S , L-- a- V t'e vA`‘ irnP e e sr{ s$A5 • See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. FVf Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:_c 43kbE it•mvsiTwfrav woe.to,AcsiS If an LLC, list the member's d m` 46r4 1 N6 Wp`%IS oo'Ctt - Uwe._ pot_tvief INN names: 0C$q*4;‘pE - 4-t c.. S,p x�__) 13c..5.41,NSvDI _ , i) aptly ES • �-•�D�� C.o- h��u r46 ,� Page 2 of 7 ., ,t3, at:�� �,, -K3 a .q� °, ..a.�0.; l t� -;2 f.,�� s" u� 'L•.. -a„y ,4� • L 1113 rS'? ,� �. Y . �'ya:Yc- '.a. `` -'ry$ ` ,�ssY ^� .-,...�....� ' r .'#. arty Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) Ns t i � - G t L ik4z7te-t— O - o t E t o 0,s-cm t S5C -14V-Ke.6 a U �'�3 4e— t ki 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va, Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest In the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there Is shared management or control between the business entities. Factors that should be considered In determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code § 2.2-3101. �rsa=�y asses-=-a x..a:._.._.-s.-., cue--`:o�+ec.ate--..=.�r-as -r .-- ��-e i s-zrr---a.rr.•� _ a �a-_ —� __za SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) ErAccounting and/or preparer of 66%+5kk S�C'i.+ �v vcs.11,vo your tax return tPkVt , v, 1.- 510 t l R Architect/ Landscape Architect/ Land Planner / Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Ei/ Any other pending or proposed purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors EI3' Engineers/Surveyors/Agents Financing (include current 1 W t‘iNTlois'ck— �`'' '' IwkirT op. ❑ mortgage holders and lenders M�tlu selected or being considered to provide financing for acquisition ��,or construction of the property) 1 19t 17/ LI Legal Services VAvFMRN (c41DL-SI !L, "I'T& R+aeµf-c. izr Real Estate Brokers / v tiLA )wi p i g ,ye} (-/AA 1 El Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have D [21/ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 • I/ `..F 4i t t I• S Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. O : _ P, r 3 APPLICANT'S SIGNATURE PRINT NAME DA Page 5 of 7 s � �., :•-� third OWNER Virginia Beach YES [ NOL SERVICE PROVIDER (use additional sheets if needed) 171/ El Accunting and/or preparer of �so 12.00s1/4t -rP-r-ArEN SVl"i�l(,OO youatax return \1�tk.Gttat I 41/4 a3r 0 D EY Architect/ Landscape Architect/ Land Fanner Contrac\purchaser(if other than Dthe Aool nt) - identify purchaser and purclaser's service providers Any other lending or proposed fl lL J purchaser of the subject property (identify purihaser(s)and purchaser's sritvice providers) Construction Contractors 111 [7" Engineers/Surveyors/Agents Financing(Include current FAE4z.\GINO 1 ,Ot4hL. t,"CQ-TO 2 j mortgage holders andlenders selected or being considered to provide fnancingfforacquisition ‘ rtiirp4 IU.. .. V it‘ WNW or construction of the property) ct, 1i0 flaISeTMceseal t-t%te BTo .erg / V‘A VIA , v'Pt ,41.4-. 1 Agents/ R64tors for current and anticipated fte- ure sales of the subject ro ert SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have El an interest in the subject land or aim proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. ay.* ) Ei__________AegjifilitAL, PROPERTY OWNER'S SIGNATURE I PRINT NAME DATE I: Page 7 of 7 2101 Atlantic Avenue — Hemingway's Boardwalk Cafe t \2101-106 \---'' \ , \ \ , 2101401 •n' 2103 p ro 2101 ATLAN11CAVE STE 1210 r March 13,2023 1:540 0 0 0.01 0.01 mi Primary Address Point Label Address Point Parcel Address Label Condos ' , .' , , , i Non-Primary Address Point Label Primary - Parcels ED City Boundary 0 0.01 0.01 0.02 km Non-Primary Neighborhoods 0 City of VIrgirda VITA, &t HERE,Bach,INCREMENT P,0 City of Virginia SGS,Bea,EPA, SDA h,City of Virginia Basch. City of Virginia Beach 0 City of Virginia Beach Y., y ",h i fit'".. ....' li q i • ,g lye ln.,..."'_ , a, 4,. _w Ayy.aN.:. y •.� ..fie;... ��**'-' •nli st < ',, !,,,i, I+ . , • • I 4,is , if , PM,., • + •. a.. • f ,, 'ram A. R{ "\ . ' " •#*4*A "' P ET'M, .k.y ♦ "jam +r .. t /2# ,f \ NEMINF,WAw 5 4 ii .int - 1 ' •'iii..A(14,, , 3, ...,..,„,, . �. •�! 1110 '""1 ' dl illl . -••••fM w�Aill on arrff>rnl�� •�• IMMINS.1Illnimmunw / ...." t......‘,".."L.1.1'.•!\:;:. • F..,1:-, , ..,-, - „ c.., tr...1-- -1 .1; , . 1 —,4,., 1 . .. 1,..—....7 . ‘.... ,. tra.4 t 1 , '"'`,.'' "i,,, 'I l:.• - . , •, *.•• k'k - • i i7 1 1 ^ w� • r • t - •� 4' L: i, .,- . ,,,,-_,,,--,,..,-, ..,4_ ,,., ,-.... - ,,. 411 , 1 `r '• Virginia Beach APPLICANT'S IVAM EYoung Veterans LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to Inform puhlic officials who may vote on the application as to whether they have a conflict of interest under Virginia law, SECTION 1 / APPLICANT DISCLOSURE s FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planninp,Commission and Cit, Council meetin_that i.ertains to the application(s)• . APPLICANT NOTIFIED OF HEARING DATE: El NO CHANGES AS OF DATE: REVISIONS SUBMITTED DATE: NIP Virginia Beach El Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. nCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:The Bunker LLC If an LLC, list all member's names: Young Veterans LLC, Music Hall LLC If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. LZI Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:Ocean Horizon Properties, LC If an LLC, list the member's names: Nabil D. Kassir and Deborah M. Kassir Page 2 of 7 u -1 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) Birdneck Associates, LLC, Brava, LLC, Ocean Horizon Properties of FL, LLC, Kassir Investment Company, Inc., Menu & Management Consultants, Aldo's, Inc., 10th Street Properties, LLC, 620 19th Street Associates, 29th Street Associates 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 \AB } _ r =.� APPLICANT - 'Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) riAccounting and/or preparer of your tax return © Architect/ Landscape Architect/ Land Planner Contract Purchaser (if other than ® the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed fl ri purchaser of the subject property (identify purchaser(s) and purchaser's service providers) ZConstruction Contractors nri Engineers/Surveyors/Agents Financing (include current ❑ Ei mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) nn Legal Services Real Estate Brokers / El Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have 1=1 CI an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 • .44 Virginia Beac,`f CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Appli ion. Chris Holyfield 3/13/23 PPLICANT'S SIGNAT PRINT NAME DATE Page 5 of 7 \AA, - OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) Accounting and/or preparer of your tax return El El Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than IZIthe Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ Z purchaser of the subject property (identify purchaser(s)and purchaser's service providers) riConstruction Contractors 111 Engineers / Surveyors/Agents Financing (include current z mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) 11 Legal Services Real Estate Brokers / n a Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have x an interest in the subject land or any proposed development • contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 rip .41 Virginia Beach CERTIFICATION: _ I I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. 1 I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting eeting of any public body or committee in connection with this ' Appli tion. 74 PROPERTY OWNER'S SIGNATURE PRINT NAME DA E Page 7 of 7 \ . : , \\\ ... @ \ / \ . , a j • .4 i , .. .,. . - \ 1 0 \ i 44 .- ' 41111t' ' 1 1 ` t 4 ,s► \ h \ \ ' \ t I r--; \ \\ u. \' % \ .. , .. do c 1 w CTj / .4 .0 N m . / IL ED _,,. E ac - r ;u2:65 a ...., v - pal �' �' a; J m It I i it � _ _ t ten' a 0- .....----'.--- \-* • ---. ("7"- i , j hl I i , • , , • \ N .,,L,..„, , • t111111 I f I 1 ‘ . , i CU V I I . t . i,4 `..\11-1 .\--. tt iii• T1 ' f f , k \-1 , i.- 1 I '.-,.'' •.. ' i ' l, • a ' 'e • Irlii I lit '' - ._ 411111 1. , , * t • s'4\ '.-‘..1'%,;° „- w •' f:1 6' !.' .„-.1. , 1 ' . . ' •• :if • -. • \\ \\.. . ' . .' It 1 .,t. :. .,.. , • i • . - •%. . -t, - . • , .1 . I 4 44, 4 - 1'4 *8*. .:7'. V , . • . :, ts •,,,-"," e.......... jiiii, ,_ ,, , , \\,\,v. •, , f. ,, , •. %. 1,,L ; .44 e. itk !I.:, 436ek' - 't-. '* s ‘' • 1 •fb' s .4* \ a.'• lit•4, . •—et., „„..4 IAF fl •$ ••••....444-• ka. - • . ..k • Vgc•C .... •••••• 111r...",••• k ,, .. ......1. ..„.• .4.1.. ...\ • -a Z.. . ..eit =::ik %) .".—,V ..to VW ''-:-444- t• -,C e` ..4 • • + - ..,-,i, - -0 .../ k-..•.°. .. • ...•• _ - 'N ' tv-*,•,- wit ' I., 1 •"i r r.'• .'4'4.t • . 4'•- 1 . , • 4.'4 - .. ... r . 4 '-'• •:, : -. , . ......„ s ...`.r...*: 41-7,...-' - ,.11 ' 'i '- -: - , •t mai -.7 I #, . . t . .: i • . - ' •• -- 4V IL5 1 ta - - - Ilible Z.. . ' mow • . la Mitt. 4.., it. IV' Eallifaitlik 40,11;;L; • 4 4 - _ , t-- i.,... k I. _ . if ...... .. *MI 1 - .. VIt. 41) v." 4. ,--- -- - is -•-a..x.k1. , ,-, . „,... , , , „... ,.... _ . -... •• , . i,.. I • l. ,..,...... elle• -.- - . ..i, i - ."T'X'.:C•Y !,1;.`",:\NV ' X'S, ! \ • •- ' • . - ' . % 1"-- 's -' vok.:' I .I.,:t.--....:4,....-:„,..-t-••••;-,,,,...,,,,-.....,,„„:4,0.7.-..r.-:„....-.:-, , t itislcAkt, 4 .- 1.,;. • - ., tt.,..r-,%P.., ,1 1- . 4 i ,i -.. •.-........N,-.i 4• ... 'Ilkti/6 - 1 is.„, nt I i . '''.: • , Z-..;;-:-4,...vpidit, - ,r "ft „ 4. • "-• •.1.z.z.,:u.-..•-•-.,—:=-_-_-:I it/lill i :' 4,,k. .4 _ '7.... ,-.'".'="_, t , s ,t 1 4 f 4 . *. r.7‘.. Ilik6.- 4 .e. . ' 4AV-tAll'.t.r t ‘ ' ,.. , I ‘ 4 A 1 I ---- : \---' •••••..._.) , . , . UN , 6 . .1. „ ,.op iit T ,..,4x E. , , ,t i t Cliti `• ft) ......... slms••••• V\ 1 CNI 1/4‘ - 1 ' ....'Jig . I _____ ti 111 • Virginia Beach r APPLICANT'S NAME 27 -1 .LLC 1i# Oft,' ; `7 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Compliance, Special Investment Program Nonconforming Use Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness - Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any i Page 1 of 7 Planning Commission and City Council meeting that pertains to the aptilicationisi. APPLICANT NOTIFIED OF HEARING DATE: 0 NO CHANGES AS OF DATE: JD REVISIONS SUBMITTED DATE: T. 5, Virginia Beach EjCheck here If the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. LeCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: r ` rJ L LC_ II J 1Ca, 2 7 if an LLC, list all member's names: Bober L-• 4 h es 4, eussch i a-- If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary ' or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) 1 See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. El Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. /7Check here if the PROPERTY OWNER l5"a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. C(A) List the Property Owner's name:297 0 t S> (cI -�qc_ L LC - If an LLC, list the member's J names: "7 ice/ JIJcJi,, LL-- L __ � - _- �-�.�.- Page 2 of 7 11/413:— Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below. (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) , rre/ +kIJI LLC— "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (Ili) there Is shared management or control between the business entities. Factors that should be considered In determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entitles; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: iF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 A.sue r I OF t, f�•:�{ wry��yK.' yFj�i _� __ . -_ 1i•• Yv' 'L.M •r Rd 1 .0 <.�.� ..!� )!„':�_;'t• Y4 �� ..ya>R.w+ it APPLICANT b Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) 1-7.E1/ ❑ Accounting and/or preparer of your tax return E. El Architect/Landscape Architect/ Land Planner Contract Purchaser (if other than ❑ El the Appijcant) -identify purchaser and purchaser's service providers Any other pending or proposed ❑ ❑ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ El Construction Contractors ❑ ❑ Engineers/Surveyors/Agents Financing(include current ❑ ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ElLegal Services I;�!jercre w pc, J) Real Estate Brokers / ❑ ED Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have Er an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 'NB r gb !a Beach 1 CERTIFICATION: jI certify that all of the information contained In this Disclosure Statement Form Is complete,true, and accurate. 11 understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA i meeting, or meeting of any public body or committee in connection with this I Application A. 6554 kigiL_ 3,119/'j APPLICAN S SIGNA _ PRINT NAME DATE Page 5 of 7 • - - a f _ 'Sr^.. �� t,_,r� `�' z s, '... _,Tura _, � �-^� .-.,-'%- :,.-,_ _:-:: . - ' -'----.4';',;-4 '-,:: : :i-4- ' '''*' ' ''— — i OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) El E/ Accounting and/or preparer of Cher�-i tt?r�i ,(_L your tax return a Ei Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than ElEj the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed 0 EJ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ElEl Construction Contractors El0 Engineers/Surveyors/Agents Financing (include current o`�,,i e n k„ V ED mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Er El Legal Services ra c:6(r- f /iedPi U; C • ,),) Real Estate Brokers / El 0 Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have C an interest in the subject land or any proposed development contingent on the subject public action? if yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Vf34.4.c Virginia Beach CERTIFICATION: _ �^ I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this A. .lication. t ai OrA - - 455e / /1,k, 51i/X. imilmimwminimmimmini PROPERTY OWNER'S NATURE PRINT NAME DATE Page 7 of 7 43698 elulailA 10 A113 ' aVNIa4AI0AID VOSn'Vd3'SOW1'd 1N3141383N1'WUUHf]'31d3H'1e3 Y11A spOOgiOgy6Ie 'v've■w 4�laJ1A w Au°' oe9wla• rin Iw Aso®'4..as',maim to A o m N tiewpd-uoN ZO'0 LO.0 LO.0 0 kepuno8�!� � slaoJed —_ tieuipd 'aqui julod sseJppd tiewpd-uoN 1 ', ' , r I sopuo3 legel SSaIPPV sawed lulod ssaippy lagel lulod ssaJPPV tieuwud !uJ ZO'0 L0'0 0 0 009:L £ZOZ ZLR VOL aLS 3AVOLLNV11V�L91Z �.$)041 WIZ 3AVOLLNV11V LOLZ *Mr 1-1.012 ZH1-1101Z ELI-MR COLE 3AV 3IiNV11V QOLZ LIfl DOLT ����,r•-�'' Lf.Z 31S 3AVO LNV11VLOAZ °J' D )11amPIE0EI LZ UEaap _ anuanV aiTueilV IOLZ .F �.` - a a, - ,a_1 • �JI�}' .y a ata- • . .. ... .:-.1.:t.;,...i '--t- 1 41P,, lir ` t I, ' ...ir ( k ' ' -MO: 44, .r • •ter .-• ^j fr 72��".N ati• " •. 4. Pr- ' - -- .0. ,„: ,....,, ,, , . )-- 0--- • - . _____ _ . ., . ,,,,.., ,, '4,,,, eattr,714 - - f': *:4,,, -4„,1 1 3 t r .. J ' ' 4 4 - f, ,...... i ,f :IL , ...... ._________ . , . it: .,_ i f -..-. i _ . 4 'rs 4. I V- 4.,...,..d _, ., af i �i s d •1 i :..... ,... L a .., .... „ , , , 4 MEM ih....farab iirgrasaes, • ,a.rs..:... fi}r��aa e, - • �j 1.. J 1 '` �_ - -z - AM '' . _ �� is. Lam.,. , �!' _ „ram ' ��[w1►; _". • ...:. C.I.) , yY •. WI 1,' ,�.....,... -.• o • City Mop : ...,- . ,. ... ..• . \ , ai .,. • it. . ' .. .. • , . r , . f 1 •' . _ . 1 . , 1 ar .,, 9 H 17::4:800Sr' • ' .. ' .. ,. , ..., .... Boardwalk Cafe . .. .... . . .. 01% 0 ‘ 1 1111 . itio4 ', . :V, r . 4 3 . ' kt* ea% 1-. ,,..,*.,. ... ') , Ir 16,, ** ... Ocean's 27 1600 SF MI (800 SF per corner) ,.... Boardwalk Cafe . . . - .. ...........- ... ..... . - . Arts0100114, ,,,,,' iitl....10. . ..1106 . . autlieW. rheach,,, APPLICANT'S NAME 4,71'iu5)4-eri 14541 LLG DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property � Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • -- • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s). APPLICANT NOTIFIED OF HEARING DATE: D _NO CHANGES AS OF DATE: El REVISIONS SUMMED DATE: Virginia Beach aCheck here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT ES a corporation, partnership, firm, business, or other unincorporated organization. �1�(yCl5% (A) List the Applicant's name: /7`t- o/ (444 L m1041 Aftevel If an LLC, list i member's names: o � �fr lC A tap,L'hr, der an ie l 14 44o-�' ie r"VI- - or�.� rn r'V i rus Aix�s n Danic 1 .4o 4'-k`Ve r j _ cc � �is�+1'w' g, el( , k.,,rK-54eC�44 l f rw,iy ircts' o►�%:l1i�u,� �. a ,john C_ �t Rv.ssel v<i r IC TAZg ekeuvittin a`T�'``;5�1�'► Asia:.L�.C_ If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) v? 'go(c %tZ See next page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. El Check here if the PROPERTY OWNER IS NOT a corporation, partnership,firm, business, or other unincorporated organization. [ " 'heck here if the PROPERTY OWNER /S a corporation, partnership, firm, business, or other unincorporated organization, AND THEN complete the following. r (A) List the Property Owner's name: 7 Pr` 64/ LLC If an LLC, list the member's names: gec. E1420 Page 2 of 7 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list If necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (I) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there 1s shared management or control between the business entitles. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entitles share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of interests Act, Va.Code § 2.2-3101. �': Asn=TJ^.+a.:.x.t.$-�.,.....:..l:.sS+wL-.a:r:r—=1C '.• --! [ .:! _a ._.. : i..'Ia"iiH`,w_.'c':-y-!'-J- -., -.-.,..s...:.-._"G.y.�33:sm-T - )-�.-.lt SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets it needed) Er Accounting and/or preparer of r- oa%e--your tax return 7,1_ ?g Architect/Landscape Architect/ Land Planner El ErContract Purchaser(ifgther than the Apolicant)-identify purchaser and purchaser's service providers Any other pending or proposed Lz, purchaser of the subject property (identify purchaser(s)and purchaser's service providers) LiEr Construction Contractors 2 Engineers/ Surveyors/Agents Financing (include current D mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) 0 Er Legal Services Real Estate Brokers/ [21' Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have E Ey an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 TINS3 Virginia Beath CERTIFICATION: 1 !I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. i j I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application - 1j4. 'Cubse/� 1rlcr 3f;/Iaj IAPPUCAN S SIGNA, PRINT NAME DATE i 1. Page 5 of 7 OWNER Virginia Beach PROVIDER(use additional sheets if YES NO SERVICE needed) Ld" Accounting and/or preparer of f`your tax return ErArchitect/Landscape Architect/ Land Planner Contract Purchaser(if other thgn the Applicant)-identify purchaser and purchaser's service providers izr Any other pending or proposed ❑ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) CIg Construction Contractors L2' Engineers/Surveyors/Agents Financing (include current ❑ Er mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ElLegal Services Izi/ Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have [2r❑ an interest in the subject land or any proposed development contingent on the subject public action? if yes, what is the name of the official or employee and what Is the nature of the interest? Page 6 of 7 lax+4 it Virginia Beach r CERTIFICATION: �, I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been I scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBRA meeting, or meeting of any public body or committee in connection with this i Application. _ id. u sell j fP -- 1--1i PROPERTY OWNER'S + NATURE PRINT NAME DATE ...1 Page 7 of 7 Lamm giulaiin Jo 4to© IPSIKI plullA 40 Atro vosn Nici3'seen'd I.N3NIMI3NI'LliOLONO-akia)-1 Ina'v.ust spootssoqtsblaN ket.upd-uoN .43ves enuinlin lo ARO'woes oloicuin so Aso o'going otositon so A410 0 LUN Z0.0 &O.° L WO 0 fuepuno8 ATIO rn slowed !----1 AlewPd lapel luiod ssaippv Aiewljd-uoN r ' I' ' ' . e • . ' ,• I sopuoo legal ssaiPPY lowed lulod ssaippv lapel luiod ssalppV fuewlid lw Z0'0 100 0 0 009:l SZOZ'CI, LioJe1111 ----- -_,-------------- -vida•-• to i 31S 3AV 01.1.NVIIV C49Z 4.... ,,,,,......0.• ...—., ''...' . . ....1., '.. ..,... ' ,,,• d % 1 _ ....' • , ick-, .,,Ziii> - ''•••• •Vrt'' - .„......„.................... "*".."°''."*.."'""''. 0022 ..,...--me.m .o. . , 4" 3/1V 0 IINVUlf OLZ 3AV 0 LLNICLIN8Z/2' , •• ,.•,, , • ' ''s"‘"?*** . ' '• ,........-'-',.., ' , • -0011",4,,• L‘• - •,....",01Prr".,,„„.•':.,.,z---.- • ' • ,........--- At,' ........ . , . ,...__ li,, OUZ cv ...... S4 - ..,„....4,,,,1,1, . ::. ,,, , - . iWQOLI T41 THIGOLI .i4: 3AVOLLNY111f 90.0 . .,,,,,•44,:'''''' •,.''',*#4.1-7; 11111012 1.12 a_LS 2AV 0 IINYILY LOLZ .- °JED NIE-AAPIE°g -le2 H — anuaAv oil.treilV" YOLZ ' .r.T..-- _ --- - - ii_..,:......„..........„_.,, ..,, ,(:12.It::„,1,c,.\:::',..,:i 1\.-:;.:. ::::-:'--:"."----'—'": '''''' - „. .1 fi 1-1 t • t i.f. ./ft \'''N'...'*••-•-.‘,4 .., ,• a ( -Ji , -1:1:7- f 1. N"‘11:::4'N'N.-::7:: .ftil t Ft t 1,Dr, - , 4 • )., A ‘,A ', \ '`,„.. .., . ..111E ,_ �, .g 4 \\)\ \\ ;' ■• 1 i'` 4y '� j •_; ;f. f. j , I .f t /'411.001 r A , . r. 'iy.._ ; .- ' — 1 11 L , r - %•41,,O, bporr s /. / /,. 7A'.1.... .44: .f i a- 'ter •t ,�• ' 1 • F_ Aliv ,i, ,,,,, , ., -_ : .,:.. 't a t ., .t1161 V .a',. . Lan . /I " .p. 4. . , .(/// (11 I . 14 /_ f � �--- p . , ..„ i / , t_ " :-,..Ir:ift-t__..z..t. 7C °,..., . 1 ' .-._ i : r-, - -� .*mot:" Lam` :� . �� >_ . -._ b t City Map u.,..,a...* r it..4.111.1.60n hqlhersi4,4044~IMMit 144.1.1...Ilk•• H.* • ' - . • 440,„, - ,'4,': ' ''''..Os•,• "...‘; ' ' 4 '''' . ' ''',:t*`,1• ,' ---"-*- — k ,I 11 ••. , \ . • ' 1 4 , \ • 0,4"'" 4` NIIII . , ii,i fi lit H BAR - 800 SF Boardwalk Cafe ...,,, „...........------ i itr k Si 1 . vie . t 44, ;., , . .. _ Ocean's 27 - 1600 SF V. _ (800 SF per corner) V Boardwalk Cafe . • -"‘• . VV , ,, ;", lir , . 0.14,44or ,..,..... opir..... ..0- .. f Virginia Bea APPLICANT'S NAME 3107 Atlantic LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters indude, but are not limited to,the following: Acquisition of Property f Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Compliance,Special Investment Program Nonconforming Use Changes Exception for (EDIP) Board of Zoning Appeals Encroachment Request Rezoning Certificate of Floodplain Variance Appropriateness --- Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • - - -- - The disclosures contained In this form are necessary to Inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Plannitt4 Commission and Cit,,Council meetino that_ertatns to the a ichcationtsj_ • 0 APPLICANT NOTIFIED OF HEARING T DATE: 0 NO CHANGES AS OF DATE: rn REVISIONS SUBMITTED I DATE ,lid---- -- r..----- _ • ,_ di wr Virginia Beach r Check here if the APPLICANT IS_NOT a corporation, pa nership, firm, business, or other unincorporated organization. ElCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:3107 Atlantic LLC __ If an LLC, list all member's names: Neil P Amin If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary / or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes1 and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if pro erty owner is different from Applicant. n/a ri Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. FiCheck here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN. complete the following. (A) List the Property Owner's name:• If an LLC, list the member's names: Page 2 of 7 11143 Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) t "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of interests Act,Va. Code § 2.2-3101. 2 'Affiliated business entity relationship" means 'a relationship, other than parent-subsidiary relationship, that exists when(i) one business entity has a controlling ownership interest in the other business entity, (II)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered In determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code § 2.2-3101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. if the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 r �. APPLICANT v YES NO SERVICE 1 1 PROVIDER(raaeded) aa sheets If El D Accounting and/or preparer of Stephen Perry,CPA,PC your tax return El IZ Architect/Landscape Architect/ t Land Planner Contract Purchaser("father than El izi the ADolLcant)- identify purchaser and purchaser's service providers Any other pending or proposed ID 1E1 purchaser of the subject property (identify purchaser(s)and purchaser's service providers) [I] El Construction Contractors 1:1 Engineers/Surveyors/Agents Financing(include current Atlantic Union&Trust Bank X El mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) El Z _ Legal Services - — ! --, ~Real Estate Brokers /l _- - -ri z 1 Agents/Realtors for current and anticipated future sales of the subject property 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO ' Does an official or employee of the City of Virginia Beach have Z an interest in the subject land or any proposed development fl contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 ltAxtv /1114 } 5#.t .�,a. yA'l°-l�i'xan..., ivn.,:.-w.,�p�,gsa, � _ 101.0100 '''''''N\ :.;,,ya r!R i Beach CERTIFICATION: I certify that all of the information contained In this Disclosure Statement Form is I complete,true, and accurate. i I understand that, upon receipt of notification that the application has been scheduled for public hearilg, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting/1// , r meeting of any public body or committee in connection with this Applicati n. 1 �G:i ,- D?.I l 1 APPLICANT'i SIGNATURE PRINT NAME __ DATE ,_ `TI F1' lir. j},,tt . i i t - , Page 5 of 7 t E f 3 OWNER Virginia• Beach YES NO SERVICE I PROVIDER(use additional sheets if needed) D E] Accounting and/or preparer of your tax return EjEl Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than�~ the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed LI purchaser of the subject property (identify purchaser(s) and purchaser's service providers) DConstruction Contractors LIEngineers/Surveyors/Agents Financing (include current EL] mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Ej D Legal Services Real Estate Brokers / 1-1 Agents/Realtors for current and anticipated future sales of the Lsubject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO r Dves an official or employee of the City of Virginia Beach have i D ri an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 _ t s 9 _ Virginia Be z x x a B a CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. /1/4- / � As-,-\ 7 . 14.1 PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 tuildPoi tulainfl E:1 nun Aindcud C .1 Suiten = mold it a Waft LINDH MI IOU Olr OE 0 oz anumv*NEW/LOTE ===, ---- - t:= r I 403 raid•AO cm*OM IA 3TI tflogiree LOTS 6 N.- \Z.f..) ., ...,. ,. ........---- ......• i \ _.. .. ......-- ....-- ---,. .--------' \ \ -..,....- \ I \ , , , , 1 \ ‘ , . -..„--- 114. - ... i ‘,,\ 11, I k k ,,,i It ;Ira # \ . 6 . \ -, , r.,'. . I tiO ....--1,,. ... -....:,-- ........1"- k --.0,....-••--'-**.) ......---- . , i --. . --- ......""' I --------....- ____---- , - , ..---- c-..- ._ i 4 k - -...-........, `" k.I = t 5 ' • -.. . t-s i - f .e. / :-T• lilt' L---- , _ , . , .. __. iL, . ii . _, , 1: _,..:i: . .‘, , ..,•, . ..,..,„_. 4.• :--,„,, , ,. i' , ..„__. ,:. r- _ ... ____ . f , ,,. _,, • 1. _ ! i s= I,,, ± K. „.•.;:,. __ ,._ _. 61,.,_ ...., . _. . ., _., . „ f J t... , ,....i..1.,,i,.,,,,,..,..,,,:..1.:::. 1 ... .._ _ , , . .: , ,.....,,.. ._ _ , ,..„ , , , ._ . _ . _ . ., , ,..... .. ,: . g,. ,T,;'_. ,,,- �1 vf4:_:"4:ii: 1 tf- •" f '1-,..---,k-. 6‘•i ri - -4: T i �' ; to ' $t 1 /y - T... • tt ri P •4 . . , :.t. I i_ ' -)11001i. ,,- ;-c, I - ` _4 •_I__-`' ' ' • ' 4 ;�. ` of I - *'! ` - y Y;a. . 1,, : s '• , i tr.- , - ...-•••,--,:- ...-7,___ - . , -7::_-. t •7/ i L i ! .-7.7.- -.-./ : , ----:-::-.7 1 i . - _ te-,'-I.._-._ -...''..-7.4-%-''-.7.----- i : , C't i. -i Se 6 .r, ,.... • ‘. ,,, :.... e.___,_____ . ,... . ,j ,, . .. . f I "a : , _............. ... --.z- . . , i.,: .-- •,t t , ., i I ..,- - 414) "1 'Z. i . : ill Ca i ,_- ------:-,--,-..., • ii... ' odial''''''..-!:‘''''' ---41, C I..tt ' 0 s • >I till ;_ ^ V k O ' ' 1.:. \ t, ' , / i /I/i i l ,; /11/ i i i i, • • 3501 Atlantic LLC APPLICANT'S NAME DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: f Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate'of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit 1 License Agreement Wetlands Board -_t r"..a3Wf-.��...��."-':.b-8_ _f." s..r..-s►4..-: ;..=a= 'G-- - a izT.-.._._r 1_ ..-_.�.-' - a' -. -A..:aC-i..r'a�r.-a aw� The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia. law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any i Page 1 of 7 Planning Commission and City Council meetinn that pertains to the atr licationts). ❑ APPLICANT NOTIFIED OF HEARING 1 DATE: I NO CHANGES AS OF I DATE REVISIONS SUBMITTED DATE. 9 Areas&web Y Check here if the APPLICANT IS NOT a corporation, parme.tsizip, firm, business, or other unincorporated organization. E] Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:3501 Atlantic LLC If an LLC, list all member's names: Neil P Amin If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes1 and 2 • 6 SECTION 2 / PROPERTY OWNER DISCLOSURE n/a Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOTa corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 - - 8 "' �r 5 Y i.. i ,,e - - -.c` • - '3' - Y,- =n. If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) i "Parent-subsidiary relationship° means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (I) one business entity has a controlling ownership Interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the aoolication or any, business operating or to be operated on the Property. if the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 APPLICANT YES NO SERVICE PROVIDER on,uuktittolva sheets If rated El Accounting and/or preparer of Stephen Perry CPA PC your taut return ® Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than El thr!Aoollcant)-identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s)and purchaser's service providers) 12gConstruction Contractors ElEl Engineers,/Surveyors/Agents f Financing(include current South State Bank mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ElLegal Services Real Estate Brokers / ElF r Agents/Realtors for current and - anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have E an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 !fir Virginia Beach Sys. CERTIFICATION: I certify that all of the information contained In this Disclosure Statement Form Is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information I provided herein two week's prior to the Planning Commission, Council, VBDA meeting, r meeting of any public body or committee in connection with this A licati n. i /VG, 167,24 APPLICANT' SIGNATURE I PRINT NAME DATE Page 5 of 7 t) t ' Beach YES NO SERVICE PROVIDER(t se..addidonai sheets if needed) El I: Accounting and/or preparer of your tax return 0 Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than the Applicant)- Identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors ElEngineers/Surveyors/Agents Financing (include current a mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ElLegal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this f ,Application. A/L. ?. PROPERTY OWNERS SIGNATURE PRINT NAME DATE Page 7 of 7 4a®o8 ulul.+lnto ARO 4oeeA bluitilin to'lio bean'Vd3'sesn'd 1N314/3213NI'utumee'3213H'Ne3'vlln SP�41�48le i tiew��d-uoN '4oneg eluitiA 10 AID'439 el® ul�Ul to A1i3 6'43e®9®IU aJln 0c 1D w)I Z0.0 1.0.0 10.0 0 tiepuno8 AID , p s t1�� Iaoue d ! tiewpd Ie1 lulodPpd itlewud-uoN I r I' r 4 ' ' ' '. I sopuo3 Iegei SSwpp�'IaoJed Iw Z0'0 1,0'0 0 0 )(Kid sseiPPV 1ecie1 lu!od ssaIppd klewlid 009:6 £Z0Z 'CI. LpJeV ~3AVOLLNV11Vt:05E \ ,,. .., ,, ,„,., . '''''' :;:.'11,'' .::.'.;:.'.:'',1';.',,,,.','''''i,,,.:-.':iL,,',.:1,;';',:;,'it'.,i'':,,,:;,''',.,,,,..''',., u tiwu '4 �.."'�. aa� i M0 ¢ rar va r n t3�R r s 4qy .�• \\ . era; ¢r£ d ..` E0E'3.1.9 3AV 3I1NV11V I0S£ y l } a, O1 Vr • W t T. " ,, 'it' 1 it ' ok k 811r LOGE \ . . a \ •.,, ,,... 10. {„ y 4 • @Teo Ntemp bog seuege'j — anuaAy oilue14V 109 2 Virginia Beach APPLICANT'S NAMEFoggs Seafood Company dba Watemman's Surfside DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 The disclosures contained in this form are necessary to Inform public officials who may vote on the application as to whether they have a conflict of Interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any 1 Page 1 of 7 Planninc.Commission and Cit, Council meetin,that pertains to the a,. lication(s). APPLICANT NOTIFIED OF HEARING DATE. NO CHANGES AS OF DATE: 0 REVISIONS SUBMITTED DATE a - Virginia Beach FiCheck here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ZCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Foggs Seafood Company dba Waterman's Surtside Grille If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) Michael J. Standing Jr. - President, 100% ownership (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See attached See next page for information pertaining to footnotes and 2 L a-� _.� ..z-. r.io.- a z 9r r . .,. .- a u. a i r,s_i.. Y'CL-.,Y[Jnfb. iaJl4:�._�-••-•..raa_ss:-zcc _.1<�w- _ 4 �w ti .c c._SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. IT Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. n Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:415 Atlantic, LLC If an LLC, list the member's names:Michael J. Standing Jr. - Managing Member/Owner, 100% ownership Page 2 of 7 i AP Noit Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) See attached "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 .r: APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) Ej Accounting and/or preparer of Dixon Hughes Goodman your tax return Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than 111 the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed El purchaser of the subject property (identify purchaser(s) and purchaser's service providers) nConstruction Contractors nEngineers/ Surveyors/Agents Financing (include current D a mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ri Legal Services PBP(Poole Brooke Plumlee) Real Estate Brokers / (� 0 Agents/Realtors for current and i I anticipated future sales of the subject property ���.s w. ..S.raxs _ _r<a. • .e-.ql 31[ 11a'L'•..f_ .-1 ._:...i�. t ..-Li'MF-,+� •-si.•ti:�,aa.:.-_k, rli�rLr.Ys �K' _ _-a -w�a.i�iRt��-..ti SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development ICI contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Virginia Beach CERTIFICATION: I certify that ail of the information contained in this Disclosure Statement Form Is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. (PrOot t?- APPLICANT'S SIGNATURE PRINT NAME DATE _ w Page 5 of 7 OWNER Virginia Beach � = YES NO SERVICE PROVIDER (use additional sheets if needed) E] Accounting and/or preparer of 'Dixon Hughes Goodman your tax return ❑ L�J Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than ❑ 15<1 the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed n IXI purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors 1-1 n Engineers /Surveyors/Agents Financing (include current TowneBank Z ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / — (� Agents/Realtors for current and f�\� anticipated future sales of the subject property t -.--z.- -:. _�:.,._g r-__aur_� <a .. _ ;_: ..�..- .as..r m-z_�.�--Y _...r►.:a., ar..�.*a a...--.:..s °.. ., .,._sue_._ R..� .,_s.ea-�,.�� SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have J an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 %- k CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission. Coundl, VBDA meeting, or meeting of any public body or committee in connection with this 1-4 pItcatron. Yl S`,.;., -1,-4 ft?ka P c PEPtSr OPENER'S SIGNATURE + PRINT NAME DATE Page 7 of 7 Disclosure Statement Form—Affiliated Business Entity Relationship with Applicant RE:Section 1, Page 2, Part B 415 Atlantic, LLC Best Kitty Hawk, LLC Chix Land, LLC Chix Sea Grille, LLC Crushfest, LLC Eighteenth Street, LLC Festival, LLC Forrest Holdings, LLC Mid Atlantic Rockfish Classic, Inc. Pacific Avenue Company Parks Avenue, LLC South Shores Management, LLC South Shores, LLC Standing Properties, LLC Waffi, LLC Disclosure Statement Form—Affiliated Business Entity Relationship with Property Owner RE:Section 2, Page 3, Part B Best Kitty Hawk, LLC Chix Land, LLC Chix Sea Grille, LLC Crushfest, LLC Eighteenth Street, LLC Festival, LLC Foggs Seafood Company dba.Waterman's Surfside Grille Forrest Holdings, LLC Mid Atlantic Rockfish Classic, Inc. Pacific Avenue Company Parks Avenue, LLC South Shores Management, LLC South Shores, LLC Standing Properties, LLC Waffi, LLC 43909 elulOJU1 la alto 4p068 Vlul&MAP 1410 VaSft'Vd3'SOSf1'd 1N31AIMIONI'ulu eD'3i13H'1.1s3'V11A aPOOLVoCI46►DN iG9w 9 -UO •43dea Inui841A w A10'u�+®a®w�+1A ao ft310®'43®ea®Iul�j ie Ruo I d N w)Z0'0 L0'0 1.0'0 0 tiEPunoB f110 -mom S1aied ; - Ai wPd I�ell lulod CJPPV IeWPd-uoN 1 iN , , r sapuoO 'eon ssei �e PP1�towed bulod SSauPPV loge'1;u1®d>a$®1PPV Aewlid Iw 1,0'0 1.0'0 0 0 OK: EZ®Z °C1t.Zowitot r..� maL-WI LOt-LOP 101L•Lq► LOS 1010 We Lot► IN3 31S 3AV 311NV 11V L0b LOO�LOh r`, ,. �,,,,,,,,,. 1. A.r- f 100I-1.01r �.;,y,«k••-- "ram toil-LOD► ...-�"""' - """..�- �g,.ie'Nflll� � .YlR , .. Z �Y 3AV 3LLNVl1V 0 Lti '1, °'"»-•� tit LOS tw-10o OLZ-LOo ULO-L0S les 1,101--102 C11-100 £Le-LOG 6L6-106 011-1,00 @JED YfIampIeog sueuiJai2M anuanv . . _. . # , • , • : - --':','1,63 '-_•-•? f . li \ ' . L t , ; •' 4 - AlSkib_ • . 11M110 t ris„.....11 r— •uri.1 i / 4 . 111 tf.i• '-i•. If. i •, I Flif" • II r. I,- • -'e MIN" h •t' .-- . j I l' ; I.. . . . 440 . , 41 , . • * • . ., i ../. :::41..‘,..2. mow. 111:•-) • i ,--,. f ". ' ' — " •=:. ,,• if- ---, _.-7......-.41 1,:-. ,I I ) WIlitir , ,...-•-•,-". • .•„. ' -...a...... r iirimmonsw***, I r - s in i rii,11 ***04•*- '' i , 4 I •0;411f.t',441.1,„-:::4 , - ...-• - . - _.__-........................ -,...- . `_ -.- • .., , . ., . . _ .. : ,,„„,„. ,. ..,,.,.. __ .--- AL-- AIL, AL- /-•'1 •tar ,_ i .''' :: -11011 -...2: 11W. , ...'W: .....—. __ Illima... -. : it: : - ,',•.4., $10-44\‘4 -,:c-_ '-..• --.- - „. , .-..-.-, , .. ..-•:„ . ;\ \ = ,.4,* •_ _ • •-- IT i a A . ; . lipt A-- . . ., ..., - -.. •-•m.• fr...• a fv. , -- - , -..-. ,,„. •‘.10..„, 4 : cj 1 .. .- ' • ,-..• \-•`..-=. , ' . e• 4? att .....! .... . ...., ...,ev....... .-.-- [ . ,, „.\:\\ ,.. • riE ,. , -.r. --Z. -sil_ . -___ _ ........._ , .Veb-. 1 Ilki - ,, . N \ -...1' k, =;•tr.': ` .' fr'. 1.- -` ... „,,- . . .*-- . ••‹. ; , •4". ., ,- ,n= , .._.••_• . _ . ..["\ V.: „...,,_:., - 110...,-;,--, !&,.-.._ = -.,:., ... ,,,,,, ,,,. ..•/ s .• --- .., - • f. . -.1 '-.`, -1-4,--::: ..,;,. • • ' ' ' 0 Virginia Beach APPLICANT'S NAME Mahi Mah's, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Compliance, Special Investment Program Nonconforming Use Exception for (EDIP) Changes . Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law, SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any - Page 1 of 7 . Planning_Commission and City Council meeting that pertains to the application(s). 0 APPLICANT NOTIFIED OF HEARING DATE. 0 NO CHANGES AS OF DATE- o _ REVISIONS SUBMITTED DATE: ____.. Virginia Beach ElCheck here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ElCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: 1 \ \ L(-Z.- If an LLC; list all member's names: scv u� sSr rz,:r' PArL If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes 1 and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. El Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. El Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: /14 11( I-&2rg 1 L? If an LLC, list the member's names: Page 2 of 7 416 Vtrginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) Tv - Pf L (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. z x SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated. on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 104, APPLICANT *Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) g ❑ Accounting and/or preparer of your tax return Sul .Nt to n LI Architect/ Landscape Architect/ Land Planner `� j �A005 a J Contract Purchaser(if other than ❑ El the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ EA purchaser of the subject property (identify purchaser(s)and t purchaser's service providers) LIE°.-] Construction Contractors ❑ El Engineers /Surveyors/Agents tJ I A Financing (include current ® ❑ mortgage holders and lenders TO J J selected or being considered to provide financing for acquisition or construction of the property) LI Legal Services TWIN %0‘ Real Estate Brokers / ❑ IE1 Agents/Realtors for current and anticipated future sales of the 1j subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have gan interest in the subject land or any proposed development ❑ contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form ts complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. �-SC."-- _5� 3 i`i- z3 ,APPLICANT'S SIGNATURE PRINT NAME DATE vat Page 5 of 7 OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) E0 Accounting and/or preparer of your tax return TatiLd .-t-U,v R-4-r- 0 El Architect/ Landscape Architect/ k�A Land Planner Fr-) SO 0 1--) Contract Purchaser (if other thanE] the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed LII j purchaser of the subject property �11 (identify purchaser(s) and purchaser's service providers) El Construction Contractors , Ai/ fk ___, ElEngineers /Surveyors/Agents is/j el- Financing (include current J El i mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Pi./ A D 111 Legal Services arl '‘-- 1 cJ Real Estate Brokers / 0 ZJ Agents/Realtors for current and anticipated future sales of the " IA/ subject property / SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have fl an interest in the subject land or any proposed development tzlcontingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this kyi) /-1C"TrCf‘D— ecf-c)--4 31)4 ApPI� OPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 7 O N O r O t-4 S �- co-sue'f��_...._- \\��\\\\\\��\\\�`\ �' _ .\\�\\ F �. ,,,.,..,-----------;\______'I---:" , t ' '''''\ \ , i 1\' l\ A, ' tk - \ %. ` Efo 1,2 1 k\\ 0 \ tt iho b _C t , Q � k ,....:\ 1,. A. _.--- .--- E 2 1\ , _- __. , __ i —"''"fir- - -- �,�1 1tC-�`� N , . \ Ill G) -°411' ..E i t\ \ \ „‘ 1-3 2 la- _. ... ..„------- ,, t-- : 2 .. -. - - - , u tu 2 t- Cc----------' 1 ‘ \ r'°.....----r- a 1 \ �: 1 .. ,. ., , ,„i t.,..,,-:::›ff.,-,p, • ...4 s ram!_*i �► `" ..--i �" t 4 � . ' tl .____,.�, f s t ma .:-.. am"fa I u t . - - -4 ..... i, .F -per.,. *> � _- yI • .s _ t i il 1 _:._ , -.141 1. r -w. - • • ,.., , ,. , , . . . i-7 1 ,.--.:::-,,,-"-. : i _;-;,---:-; ..iii 1 __-.14-_,:, i ,..t., i.3.;,:_r.,; , ,,,,,I 4 , vll : • . --- 44 .. 1 • i i Otto t mt vi �. 2, im! .....It +f- '.. _ ` t .Its Illinall11111111: UM MN • ty _ .1 •---'--- :-.:.• , _ ----- mil . liMil- -t_ Il , WI , . s . ,,,,.$ t 1 - 11110111. NOM- 0. i - It--a y3 • } .1 :''"A att 4-..., 1411111.44. 4r- "f, -. _mart'" I , : Viii . , somm,.. „,..F t i -......4 ---....-ik a.. - '1 •I - ' f. .. 1 . , __Icas , id% ip _ •. ... ........ ,ii.:, . i ,.. . -..A • , 1 r. .. i. _. me 2 4 4 1 ..,_,,„ _ „, . ._ .,::. ,, .._ ,..._ apJ1I1 ,y - (cp, CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Temporarily Increase the Membership of the Parks and Recreation Commission MEETING DATE: March 21, 2023 • Background: In February 2023, the City Council adopted an ordinance to revise the membership of the Parks and Recreation Commission to reflect the fact that the City has more than seven election districts. The ordinance provides that the Commission have thirteen members: one from each election district, two high school members, and the remaining member appointed from the residents of the City at large. Of the members who currently serve on the board and who were appointed prior to February 2023, the current Chair and one member are from the same district, and the current Vice Chair and another member are from the same district. • Considerations: This ordinance would enable members who were appointed prior to the February 2023 change to serve their full terms but also enable the City Council to appoint members from each of the election districts by adding an additional at-large member to the membership. This temporary expansion shall expire on August 31, 2024. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Ordinance. Requested by City Council 1 AN ORDINANCE TO TEMPORARILY INCREASE THE 2 MEMBERSHIP OF THE PARKS AND RECREATION 3 COMMISSION 4 5 WHEREAS, in February 2023, the City Council adopted an ordinance to revise the 6 membership of the Parks and Recreation Commission to reflect the fact that City has 7 more than seven election districts; 8 9 WHEREAS, that ordinance provides that the Commission shall have thirteen 10 members: one from each election district, two high school members, and the remaining 11 member appointed from the residents of the City at large; 12 13 WHEREAS, of the members who currently serve on the board and who were 14 appointed prior to February 2023, the current Chair and one member are from the same 15 district, and the current Vice Chair and another member are from the same district; and 16 17 WHEREAS, in order to enable members who were appointed prior to February 18 2023 change to serve their full terms but also enable the City Council to appoint members 19 from each of the election districts, an additional at-large member could be temporarily 20 added to the membership. 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 23 OF VIRGINIA BEACH, VIRGINIA: 24 25 That the membership of the Parks and Recreation Commission is hereby 26 temporarily expanded to include an additional at-large member, and this temporary 27 expansion shall expire on August 31, 2024. Adopted by the City Council of the City of Virginia Beach, Virginia on the day , 2023. APPROVED AS TO LEGAL SUFFICIENCY: UG� City Attorney's Offi _ CA16127 R-1 March 10, 2023 ;CIsy CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: A Resolution of the City Council of the City of Virginia Beach Supporting the Virginia America 250 Commission MEETING DATE: March 21, 2023 • Background: The General Assembly created the Virginia America 250 Commission (VA250 Commission) for the purpose of preparing for and commemorating the 250th anniversary of Virginia's participation in American independence. The VA250 Commission has requested that each locality form a committee to aid in planning for the commemoration period. The City's committee would plan and coordinate programs occurring within the City. The VA250 Commission also requested that each locality designate a liaison to serve as the local contact with the state commission and to participate in planning events and communicate regularly regarding events occurring in the locality. • Considerations: This resolution expresses the City Council's support for the VA250 Commission and the Commission's efforts to commemorate the 250th anniversary. The resolution designates Mark Reed, the City's Historic Preservation Planner, as the City's liaison to the VA250 Commission. The resolution also expresses the City Council's intent to create a local committee to aid in the planning for the commemoration period. Finally, the resolution asks that the City's Historic Preservation Commission recommend to the City Council the duties of the local committee and its composition, which, if feasible, should be consistent with the VA250 Commission's request that the local committee include representatives from tourism, education, and economic development entities; museums and historic sites; local historical and cultural groups; universities and colleges; Tribes; and the City Council. • Public Information: Public information will be provided through the normal Council agenda process. • Attachment: Resolution Requested by Mayor Dyer, Vice Mayor Wilson and Councilmembers Berlucchi, Holcomb, Remick, Ross-Hammond and Schulman REQUESTED BY MAYOR DYER, VICE MAYOR WILSON AND COUNCILMEMBERS BERLUCCHI, HOLCOMB, REMICK, ROSS-HAMMOND AND SCHULMAN 1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 2 VIRGINIA BEACH SUPPORTING THE VIRGINIA 3 AMERICA 250 COMMISSION 4 5 WHEREAS, the City Council of the City of Virginia Beach ("the City") is dedicated 6 to the furtherance of economic development and tourism in the City; 7 8 WHEREAS, the General Assembly created the Virginia America 250 9 Commission (VA250 Commission) for the purpose of preparing for and commemorating 10 the 250th anniversary of Virginia's participation in American independence; 11 12 WHEREAS, the VA250 Commission has requested that each locality form a 13 committee to aid in planning for the commemoration period; 14 15 WHEREAS, the City's committee would plan and coordinate programs occurring 16 within the City; 17 18 WHEREAS, the VA250 Commission also requested that each locality designate 19 a liaison to serve as the local contact with the state commission and to participate in 20 planning events and communicate regularly regarding events occurring in the locality; 21 and 22 23 WHEREAS, the City Council wishes to undertake this endeavor with the VA250 24 Commission to promote and commemorate this important historic milestone. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 27 OF VIRGINIA BEACH: 28 29 1. The City Council hereby expresses its support for the Virginia America 30 250 Commission and the Commission's efforts to commemorate the 250th anniversary 31 of Virginia's participation in American independence. 32 33 2. The City Council will create and appoint a committee to aid in the planning 34 for the commemoration period. 35 36 3. Mark Reed, the City's Historic Preservation Planner, is hereby designated 37 as the City's liaison to the VA250 Commission. 38 39 4. The Historic Preservation Commission is hereby asked to recommend to 40 the City Council the duties of the local committee and its composition, which, if feasible, 41 should be consistent with the VA250 Commission's request that the local committee 42 include representatives from tourism, education, and economic development entities; 43 museums and historic sites; local historical and cultural groups; universities and 44 colleges; Tribes; and the City Council. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of , 2023. APPROVED AS TO LEGAL SUFFICIENCY: ,} ey O ice CA16117 R-3 March 14, 2023 43� �VV�V CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Authorize Members of the City Council to Travel to the Chamber of Commerce Leadership Exchange in Charleston, South Carolina MEETING DATE: March 21, 2023 • Background: On June 2, 1992, the City Council adopted an ordinance governing reimbursement for travel by members of the City Council. That ordinance allows out-of- city/out-of-region travel for members to be eligible for reimbursement when authorized by the City Council. A copy of the 1992 ordinance is attached hereto. The Hampton Roads Chamber of Commerce is participating in a Leadership Exchange in Charleston, South Carolina. This event is held from May 10-13, 2023. Topics at this event include economic development, attracting and retaining talent, airport expansion, creating a sense of place, and tourism. The event is an opportunity for City leaders to discuss timely topics with the leaders of Charleston and to share best practices. • Considerations: The attached resolution authorizes the travel reimbursement for members of the City Council who attend the Leadership Exchange. The members would be eligible for reimbursements for the cost of travel, accommodations, and attendance at the Leadership Exchange. The registration fee is $3,200 per person, which includes meals and accommodations. • Public Information: Normal Council agenda process. • Attachments: Resolution; 1992 Ordinance; Event Overview Requested by Mayor Dyer REQUESTED BY MAYOR DYER 1 A RESOLUTION TO AUTHORIZE MEMBERS OF THE 2 CITY COUNCIL TO TRAVEL TO THE CHAMBER OF 3 COMMERCE LEADERSHIP EXCHANGE IN 4 CHARLESTON, SOUTH CAROLINA 5 6 WHEREAS, the Hampton Roads Chamber of Commerce is hosting a Leadership 7 Exchange in Charleston, South Carolina that will focus on economic development, 8 attracting and retaining talent, airport expansion, creating a sense of place, and tourism; 9 10 WHEREAS, the Leadership Exchange will be held May 10 through May 13; and 11 12 WHEREAS, this resolution is necessary to comply with the City Council's 1992 13 ordinance regarding travel reimbursement for out-of-city/out-of-region travel; 14 15 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA THAT: 17 18 The members of the City Council that attend the Chamber of Commerce 19 Leadership Exchange in Charleston, South Carolina, are hereby eligible for travel 20 expense reimbursement or direct payment by the City for the costs of travel, 21 accommodations, and attendance at the Leadership Exchange. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2023. APPROVED AS TO LEGAL SUFFICIENCY: or ey s Office CA16120 R-1 March 7, 2023 Why Charleston • 40Ligi Charleston, South Carolina is full of southern -4, - - charm, rich history, and tons of culture! This ' coastal city has many similarities to Hampton ,, ,-.ta. Roads includingthat it is a hub for tourism, a port ,` °y:`.*.R ,., .1w ,, ,o.i .0, city, has a robust military presence, and is full of • .,�,�, , history on every city block. j . ‘-,1 fiii*. 4.74U;st— , With 3 counties and 28 cities, Charleston has .i• • ' . `~ -' a`, mastered economicgrowth and resiliency ._' . � r 1 ., through collaboration with initiatives like its One Region Roadmap. With a population that is growing 3 times faster than the U.S. average, Charleston has a steady stream of well-educated young talent, who come for jobs or create their t own in the business-friendly community. Cl7- � � , , _ / . I .! p,,,,•,:.-, 4 t," ,,,,, While there, learn from Charleston's leaders on i '. 4 '''''• ', .: ;r ' v.K best practices they've learned and what they've `e ,. ' f .r.. 4 ' t ` _' done to diversify their economy. Hear from L s s ; ,� ' i tali 5 t experts in the tourism industry on how it's grown, a how they leverage its history and their regional marketing strategies. With a newly unveiled — airport expansion plan hear how they will add 11 gates and double the number of passengers. i- Key Topics will Include: ,, • Airport Expansion • Economic Development and the One 1 Region Roadmap i • Tourism and Sense of Place • Regional Marketing Strategy - " ill A • Attracting and Retaining Talent • 1 .1 Billion Dollar Surge Wall Project Overview Agenda Wednesday, May 10 • : • • Travel/4 PM Check-In at The Charleston Place ;:lliriN7 • Reception and Dinner at Palmetto Garden & Cafe Thursday, May 11 • Breakfast • Welcome to Charleston Programming + the shaping of Charleston Programming • City Leaders Fireside Chat • One Region Roadmap Panel f. • Economic Development Bus Tour ti • Lunch per_ • Why Charleston and Economic Development Panel • Narrated Boat Tour • Reception and Dinner at Peninsula Grill Friday, May 12 • Breakfast • Attracting and Retaining Talent Panel • Charleston Young Professional Panel • Airport Expansion NNW • Tourism, Marketing, Sense of Place Panel • Carriage Tour • Reception and Dinner at Hall's Signature Events Saturday, May 13 • 12 PM Hotel Check Out Requested by Vice-Mayor Robert E. Fentress 1 AN ORDINANCE TO ESTABLISH A 2 REIMBURSEMENT POLICY FOR IN-CITY 3 TRAVEL AND MEAL EXPENSES INCURRED BY 4 MEMBERS OF CITY COUNCIL 5 WHEREAS, by Ordinance adopted August 21, 1989, City 6 Council adopted a policy for the reimbursement of in-city travel 7 and meal expenses incurred by Councilmembers in the conduct of 8 official business; 9 WHEREAS, by Ordinance adopted February 12, 1991, City 10 Council imposed limitations on the policy adopted August 21, 1989, 11 thereby restricting the eligibility for reimbursement of both in- 12 city and out-of-city travel expenses to those expenses authorized 13 by City Council, with the exception of the Mayor or a Councilmember 14 designated to represent the Mayor in the Mayor's absence; and 15 WHEREAS, City Council has determined that it is 16 reasonable for Councilmembers to be reimbursed for in-city travel 17 and meal expenses when such expenses are incurred by a 18 Councilmember in the conduct of official City business. 19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 20 OF VIRGINIA BEACH, VIRGINIA: 21 That, consistent with the authorization provided by State 22 law, it shall be the policy of City Council to reimburse 23 Councilmembers for expenses incurred in the conduct of official 24 City business as follows: 25 1. In-City and Regional Travel: For all regular and 26 special Council meetings, hearings, and workshops and for 27 attendance at all meetings or events necessary to the conduct of 28 the office of Councilmember, reimbursement will be provided for 29 travel from home to the meeting/event and return at the mileage 30 rate specified in the appropriation ordinance. Regional travel 31 shall be defined as travel in and between the Hampton Roads area 32 cities. 33 2. Meals at Official In-City and Regional Functions: 34 Reimbursement will be provided for the cost of meals only when the 35 Councilmember is the official representative of the Council at the 36 event. 37 3. Out-of-City/Out-of-Region Travel: Out-of-city/out- 38 of-region travel shall be defined as travel beyond the Hampton 39 Roads area cities. Councilmembers shall only be eligible for 40 travel expense reimbursements for out-of-city/out-of-region travel 41 in the course of official business as authorized by the City 42 Council; provided however, that this restriction shall not apply to 43 the Mayor or a City Council member designated by the Mayor to 44 represent the Mayor in the conduct of official City business. 45 BE IT FURTHER RESOLVED: 46 That this Ordinance shall supercede Ordinance No. 89- 47 1909B adopted by City Council on August 21, 1989, and Ordinance No. 48 91-2036A adopted by City Council on February 12, 1991, and that the 49 City's Official Travel Regulations be amended to reflect the 50 provisions set forth herein. 51 Adopted by the Council of the City of Virginia Beach, 52 Virginia, on the 2 day of June , 1992. 53 CA-4475 54 ORDIN\NONCODE\TRAVEL.ORD 55 R-4 2 S�t31A• y , O` y� 'A S l i CITY OF VIRGINIA BEACH AGENDA ITEM I ITEMS: (1) A Resolution Concurring with the Personal Property Assessment Methodology for Vehicles in Calendar Year 2023 Proposed by the Commissioner of the Revenue (2) An Ordinance to Amend the Calendar Year 2023 Tax Levy on Personal Property and Machinery and Tools MEETING DATE: March 21, 2023 • Background: The Virginia Constitution requires tax assessments to be uniform and to reflect fair market value. The Calendar Year 2022 market for vehicles was distorted by supply chain problems, semiconductor chip shortages, and labor constraints, so to mitigate the Calendar Year 2022 distortion, the Commissioner of the Revenue proposed a declination of 25% to the book value of vehicles. The City Council concurred with this approach by resolution adopted in March 2022. The FY2022-23 Operating Budget expressed a desire to continue the Calendar Year 2022 approach to mitigation of market distortions to the book value of motor vehicles, but the magnitude of the distortion is not as great as in Calendar Year 2022. Commissioner Kellam believes the present market continues to be distorted, but that distortion only requires a 15% declination to the values in the pricing guide to achieve fair market value. • Considerations: The attached resolution provides the City Council concurrence required by statute for the Commissioner to impose a ratio reduction to the book value of vehicles. Commissioner Kellam believes that this action is necessary to achieve fair market value in assessments of vehicles for purposes of personal property taxation. A corresponding ordinance adjusts the Personal Property Tax Relief Act percentages for the first $20,000 of assessed value of vehicles. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendations: Adopt the attached resolution and ordinance. • Attachments: Resolution; Ordinance Requested by the Commissioner of the Revenue REQUESTED BY THE COMMISSIONER OF THE REVENUE 1 A RESOLUTION CONCURRING WITH THE PERSONAL 2 PROPERTY ASSESSMENT METHODOLOGY FOR 3 VEHICLES IN CALENDAR YEAR 2023 PROPOSED BY THE 4 COMMISSIONER OF THE REVENUE 5 6 WHEREAS, the Virginia Constitution requires tax assessments to be both uniform 7 and reflect fair market value; 8 9 WHEREAS, for Calendar Year 2022, the market for vehicles was distorted by 10 supply chain problems, semiconductor chip shortages, and labor constraints, so to 11 mitigate that distortion, the Commissioner of the Revenue (the "Commissioner"), with the 12 concurrence of the City Council, applied a 25% reduction to the book value of vehicles; 13 14 WHEREAS, for purposes of this resolution, "motor vehicles" includes those 15 subclassifications of personal property set forth in Virginia Code § 58.1-3503(A)(3), (4), 16 (5), (7), (9) and (10); and 17 18 WHEREAS, the FY2022-23 Operating Budget expressed a desire to continue the 19 Calendar Year 2022 approach to mitigation of market distortions to the book value of 20 motor vehicles, but the magnitude of the distortion is not as great as in Calendar Year 21 2022; 22 23 WHEREAS, the Commissioner believes the present market continues to be 24 distorted, but that distortion only requires a 15% reduction to the values in the pricing 25 guide to achieve fair market value; 26 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 28 OF VIRGINIA BEACH, VIRGINIA: 29 30 That, pursuant to Virginia Code § 58.1-3503(B), the City Council concurs with the 31 Commissioner's proposed use of an assessment ratio of 85%, which is a reduction of 32 15%, in addition to the pricing guide for the Calendar Year 2023 motor vehicle 33 assessments in furtherance of achieving fair market value. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of , 2023. APPROVED AS TO CONTENT: D AS TO LEGAL SUFFICIENCY: Commissioner of the evenue • o e s Office CA16123 / R-1 /March 9, 2023 REQUESTED BY THE COMMISSIONER OF THE REVENUE 1 AN ORDINANCE TO AMEND THE CALENDAR YEAR 2 2023 TAX LEVY ON PERSONAL PROPERTY AND 3 MACHINERY AND TOOLS 4 5 WHEREAS, the Commissioner of the Revenue has proposed the implementation 6 of a ratio applied to the pricing guide to offset market distortions in the valuation of 7 vehicles; 8 9 WHEREAS, to implement the Commissioner's recommendation, an adjustment to 10 the Calendar Year Personal Property Tax Relief Act percentage is required; 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 13 OF VIRGINIA BEACH, VIRGINIA, THAT: 14 15 The City Council hereby amends An Ordinance Establishing the Tax Levy on 16 Personal Property and Machinery and Tools for the Calendar Year 2023 to provide the 17 following text in Section 2: 18 19 "Sec. 2. Personal Property Tax Relief. 20 As required by § 58.1-3523 of the Code of Virginia, qualifying vehicles (as 21 defined by § 58.1-3523), not otherwise exempted from taxation in this ordinance 22 or by law, shall be subject to the following: 23 1. Any qualifying vehicle with a total assessed value of$1,000 or less will be levied 24 no tax, reflecting a reimbursement of 100% Personal Property Tax Relief Act. 25 2. Any qualifying vehicle with an assessed value of between $1,001 and $20,000 26 will be levied at 50.4% 51.8% of the computed tax based on the total assessed 27 value of the vehicle. Reimbursement is expected from the Commonwealth 28 under the Personal Property Tax Relief Act equal to the remaining 49.6% 29 /18.2% of the computed tax on the first $20,000 of assessed value. 30 3. Any qualifying vehicle with an assessed value of over $20,000 will be levied 31 50.4%51.8°A,of the computed tax based on the first $20,000 of assessed value 32 and 100% of the computed tax based on the assessed value in excess on 33 $20,000. Reimbursement is expected from the Commonwealth under the 34 Personal Property Tax Relief Act equal to the remaining 49.6% /18.2% of the 35 computed tax on the first $20,000 of assessed value." 36 37 BE IT FURTHER ORDAINED, THAT: 38 39 This ordinance is effective January 1, 2023, to allow it to be reflected in the bills 40 due on June 5, 2023. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B dget and Management Services City A s Office CA16124 R-1 March 9, 2023 c CAE ! 467— „tit •mow" CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Establish Capital Project #100656, "Sheriffs Office Body Worn Cameras," and to Appropriate $640,123 of Fund Balance in the General Fund MEETING DATE: March 21, 2023 ■ Background: The Virginia Beach Police Department (VBPD) implemented a 10- year contract in 2021 for the Axon Officer Safety Program which includes body worn cameras, tasers, software licensing, resulting video storage, records management, standards management and Performance Management. The Virginia Beach Sheriffs Office (VBSO) serves as a force multiplier for the VBPD from February through October to support large scale public events and seasonal oceanfront operations. VBSO has requested that the City Council provide the necessary funding to issue body worn cameras (BWC) to all sworn staff members who provide law enforcement services in support of the VBPD, the execution of civil processing, and security at the Correctional Center and the court buildings. The goal of the BWC program is to improve and heighten safety and security, accountability, and transparency. Based on recently announced large scale oceanfront events, and the requirement that VBSO staffs these events, the VBSO would like to request funds in FY2022-23 to initiate the purchase of BWCs. The VBSO requests funding immediately for 220 cameras. If approved, the annualized cost of these BWCs, in addition to funding for 280 cameras, will need to be included in the FY2023-24 Budget Reconciliation. The full cost for FY2023-24 will be shown as a reservation of fund balance in the amount of$1,172,606. • Considerations: The VBSO is seeking funding over multiple fiscal years for the Preferred Option OSP7 + Premium using a phased implementation plan. This option includes 220 BWCs and equipment for $640,123 in FY2022-23, and 280 additional cameras and equipment in FY2023-24 for $1,172,606. An additional one-time cost of $450,000 will be needed in FY 2024-25 to configure the Records Management System. The system licensing support, maintenance, and hardware replacement (every 30 months for BWCs and 60 months for Tasers) for FY2026-33, has an annual recurring total of $1,751,003. If approved, the annual reoccurring cost will be incorporated into future Operating Budgets. • Alternative Provide funding to begin FY2023-24 or later. In addition, City Council could select between two tiers of service provided by the preferred vendor Axon (Used by VBPD) • Unlimited 7+ Premium (Removes Tasers and taser training) • Unlimited 7+ (Removes Tasers, Taser Training, Virtual Reality Training, Automated Audio Transcription and Unlimited 3rd Party Video Storage) ■ Public Information: Normal Council Agenda notification process. This item was discussed by the City Council at its Informal Session on March 7, 2023. ■ Attachments: Ordinance; Capital Project Detail Page REQUESTED BY THE VIRGINIA BEACH SHERIFF'S OFFICE REQUESTED BY THE VIRGINIA BEACH SHERIFF'S OFFICE 1 AN ORDINANCE TO ESTABLISH CAPITAL PROJECT 2 #100656, "SHERIFF'S OFFICE BODY WORN CAMERAS," 3 AND TO APPROPRIATE $640,123 OF FUND BALANCE IN 4 THE GENERAL FUND 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1) Capital Project #100656, "Sheriffs Office Body Worn Cameras," is hereby 10 established in the City's Capital Improvement Program. 11 12 2) $640,123 from the fund balance in the General Fund is hereby appropriated, with 13 revenues increased accordingly, to Capital Project #100656 to initiate the 14 purchase of 220 body worn cameras for the Virginia Beach Sheriffs Office. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2023. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services C. or y's Office CA16121 R-1 March 8, 2023 Fiscal Years FY24 through FY29 Capital Improvement Program Project:PG100656 'Title:Sheriff's Office Body Worn Cameras (Status:Proposed Category:Information Technology Department:Information Techno•:� Project Type Project Location Pro ect T a• :Techno•: ''strict:Citywide Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed OP Funding Funding Funding To Date FY24 FY25 FY26 FY27 FY28 FY29 Future Description and Scope - Video technology is becoming a mainstay of modern-day life with advancing surveillance and security requirements expected by the community at large. With this effort,the Virginia Beach Sheriff's Office(VBSO)wants to improve and heighten safety and security for the Virginia Beach Correctional Center (VBCC),the Courts,and Civil Processing,while additionally being a force multiplier to the Virginia Beach Police Department(VBPD).VBSO would like to issue body worn cameras(BWC)to all sworn staff members which include the Correctional Center,the Court buildings,and the Civil Process Division. Purpose and Need- - To improve and heighten safety and security,the VBSO needs a way to capture and store video of activities that occur in VBCC,courts,civil processing, and while being a force multiplier to the VBPD.This initiative would also allow VBSO to improve upon their situational awareness,help confirm and guide response recommendations for incidents,and provide opportunity for tactical decision making.It would also integrate with the VBSO video wall,as well as the City's Emergency Operations Center when needed. History and Current Status This project first appeared in the FY 2022-23 CIP as"Requested-Not Funded." Operating Budget Impact Comments FY24 FY25 FY26 FY27 FY28 FY29 Total Operating Budget Impacts - - - - - Total FTE - - - - Project Map Schedule of Activities Project Activities From-To Amount Implementation 07/23-06/29 640,123 Total Budgetary Cost Estimate: 640,123 Means of Financing Funding Subclass Amount NO MAP REQUIRED Local Funding 640,123 Total Funding: 640,123 ers5 ;, � sCi •ice.,,r' CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: (1) A Resolution Requesting the Virginia Department of Transportation to Accept Additional Streets for Urban Maintenance Payments (2) A Resolution Requesting the Virginia Department of Transportation to Accept Corrections/Deletions to the Road Inventory for Urban Maintenance Payments MEETING DATE: March 21, 2023 • Background: The Virginia Department of Transportation ("VDOT") maintenance funding is conditioned upon the City Council submitting to VDOT resolutions for all new streets and for all corrections/deletions to the City's road inventory. VDOT provided the City with a letter, dated July 1, 2022, which stated the FY23 reimbursement rates. The rates are as follows: local/collector streets will be reimbursed at$14,098.26 per lane mile; and arterial streets will be reimbursed at $24,012.06 per lane mile. • Considerations: This item includes two resolutions. The first resolution adds streets to the City's VDOT maintenance funding inventory. The second resolution requests changes to the current VDOT maintenance funding inventory due to duplications or updated lane mile data. There are 4.38 lane miles of new local/collector streets to be added. There are 6.80 lane miles of local/collector streets to be deleted from the inventory and 1.14 lane miles of arterial streets to be deleted from the inventory. There are corrections in the amount of 11.80 lane miles of local/collector streets to be added back to the inventory and 3.32 lane miles to added back to the arterial inventory. This results in a net increase of 9.38 lane miles of local/collector streets and 2.18 lane miles of arterial streets. Based on the present VDOT reimbursement rates indicated above, the total net increase in urban maintenance lane miles from the corrections will result in a funding increase of $184,587.97 per year from VDOT for these changes. • Public Information: Normal City Council agenda process. • Recommendations: Approval • Attachments: Resolutions (2), Exhibit A ("New Streets"), Exhibit B ("Changes") Recommended Action: Approval Submitting Department/Agency: Public Works City Manager: A-0 1 A RESOLUTION REQUESTING THE VIRGINIA 2 DEPARTMENT OF TRANSPORTATION TO 3 ACCEPT ADDITIONAL STREETS FOR URBAN 4 MAINTENANCE PAYMENTS 5 6 WHEREAS, the Virginia Department of Transportation requires a City Council 7 resolution prior to accepting additional streets for urban maintenance payments; and 8 9 WHEREAS, the 4.38 (Local/Collector) lane miles of streets listed on Exhibit A 10 (attached) have been constructed in accordance with standards established by the 11 Virginia Department of Transportation; and 12 13 WHEREAS, the City of Virginia Beach has accepted and agreed to maintain these 14 streets; and 15 16 WHEREAS, a representative from the Virginia Department of Transportation has 17 inspected and approved these streets. 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 That the City Council hereby requests the Virginia Department of Transportation 23 to accept the streets listed on Exhibit A, attached hereto and incorporated by reference, 24 and to begin paying urban maintenance payments to the City of Virginia Beach based on 25 the established rate. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2023. ROVED a S TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Departm-Tof 'ublic Works m 's Office ECG(..,37/a#Se J CA16125 R-1 March 9, 2023 Appendix B bc(fo'bil A (f"s - i) LOCAL ASSISTANCE DIVISION Form U-1(Rev.10-1-2014) Page 1 VDOT REQUEST FOR STREET ADDITIONS AND DELETIONS FOR STREET PAYMENTS Section 33.2-319 Code of Virginia New Street MUNICIPALITY CITY OF VIRGINIA BEACH LOCAL ___ FUNC. STREET NAME TERMINI RNV PAVEMENT CENTER- NUMBER LANE CLASS. WIDTH WIDTH LANE OF MILES (T&MPD ROUTE NUMBER FROM TO (FEET) (FEET) MILES LANES USE ONLY) KINGSFIELD DR TIN BARN WY KINGSFIELD DR -150 ; 12 0.36 2 0.72 NIMMO CHURCH LN HEAVENLY ACRES CT PRINCESS ANNE(NB) 50 ? 30 1 0.06 2 0.12 FLETCHERS ARCH KEMPSHIRE LN KEMPSHIRE LN 50 31 0.16 2 0.32 MICHAEL LA BOUVE DR BUCKNER BLVD MICHAEL LA BOUVE DR 90 70 0.04 I 2 0.08 MICHAEL LA BOUVE DR COMMUNITY COLLEGE PL FACULTY BLVD ! 90 15 0.62 2 1.24 BILL BLACK CT KINGSFIELD DR N CUL DE SAC 50 11 0.17 2 0.34 AMES WAY JIMMY MOBLEY WAY JIMMY MOBLEY WAY 50 11 0.08 2 0.16 ANDREWS CT JIMMY MOBLEY WAY N CUL DE SAC 50 11 0.08 2 0.16 BACK GATE DR WEST NECK RD(NB) WEST NECK RD(NB) 50 11 0.08 2 0.16 DUSTY CT W CUL-DE-SAC KINGFIELD DR 50 11 0.06 2 0.12 GEORGE STARR DR KINGSFIELD DR KINGSFIELD DR 50 11 0.22 2 0.44 f LAST HARVEST CRES ' KINGSFIELD DR KINGSFIELD DR 50 11 0.17 2 1 0.34 1 `COUNCIL RESOLUTIO D AT fall SIGNED .,��� e( 3 SIGNED AUTHOR MU I AL OF I DATE IZED VDOT OFFICIAL DATE l Submit to: CLASSIFIED BY _____. District Point of Contact in Triplicate TBMPD ENGINEER DATE Appendix B êIIF 4 4) Page2 Form U-1(Rev.10-1-2014) LOCAL ASSISTANCE DIVISION VDOT REQUEST FOR STREET ADDITIONS AND DELETIONS FOR STREET PAYMENTS Section 33.2-319 Code of Virginia New Street MUNICIPALITY CITY OF VIRGINIA BEACH LOCALFUNC. STREET NAME TERMINI R/W PAVEMENT CENTER- NUMBER LANE CLASS. . WIDTH WIDTH LANE OF MILES (T&MPD ROUTE NUMBER FROM TO (FEET) (FEET) MILES LANES USE 1 ONLY) TIN BARN WAY WEST NECK RD(NB) KINGSFIELD DR 50 11 0.09 2 0.18 • *COUNCIL RESOLUTI N '•• 1 SIGNED W / rHE 04. 0 ZOZ3 SIGNED M CIPAL O: I IAL DATE AUTHORIZED VDOT OFFICIAL DATE Submit to: District Point of Contact in Triplicate CLASSIFIED BY —_ TBMPD ENGINEER DATE 1 A RESOLUTION REQUESTING THE VIRGINIA 2 DEPARTMENT OF TRANSPORTATION TO 3 ACCEPT CORRECTIONS/DELETIONS TO THE 4 ROAD INVENTORY FOR URBAN MAINTENANCE 5 PAYMENTS 6 7 WHEREAS, the Virginia Department of Transportation requires a City Council 8 resolution prior to accepting corrections or deletions to the revised road inventory for 9 urban maintenance payments; 10 11 WHEREAS, City personnel have reviewed the revised road inventory prepared by 12 the Virginia Department of Transportation and have determined that some inaccuracies 13 exist; 14 15 WHEREAS, corrections to the revised road inventory have been made as shown 16 on Exhibit B (attached); resulting in a net increase of 9.38 (Local/Collector) lane miles 17 and 2.18 (Minor/Arterial). This totaling a net correction increase of 11.56 lane miles. 18 19 WHEREAS, a representative from the Virginia Department of Transportation has 20 inspected and approved the corrections. 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That City Council hereby requests the Virginia Department of Transportation to 26 accept the corrections listed on Exhibit B, attached hereto and incorporated by reference, 27 and to begin paying urban maintenance payments to the City of Virginia Beach based on 28 the established rate. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY Departme Public Works C. Attorney's Office rim LS PaAKertl CA16126 R-1 March 9, 2023 ;i- "E Appendix B 139` 9 Form U-1(Rev.10-1-2014) ��� LOCAL ASSISTANCE DIVISION Page 1 VDOT REQUEST FOR STREET ADDITIONS AND DELETIONS FOR STREET PAYMENTS Section 33.2-319 Code of Virginia Additions/Replaced deletions MUNICIPALITY CITY OF VIRGINIA BEACH URBAN COLLECTOR FUNC. STREET NAME TERMINI RNV PAVEMENT CENTER- NUMBER LANE CLASS. WIDTH WIDTH LANE OF MILES (T&MPD ROUTE NUMBER FROM TO (FEET) (FEET) MILES LANES USE ONLY) CLEVELAND ST WITCHDUCK RD N GREENWICH RD 60 27 0.94 4 3.76 GREENWICH RD CLEVELAND ST EB E DEAD END 71 40 0.56 2 1.12 GREENWICH RD NEWTOWN RD CLEVELAND ST 73 34 0.72, 4 2.88 NIMMO PKWY GEORGE MASON DR W DEAD END 120 30 0.52 4 2.0 8 ,__ SANDBRIDGE RD PAINTERS LN ENTRADA DR 145 20 0.80 2 1.60 I SANDBRIDGE RD PRINCESS ANNE RD PAINTERS LN 150 80 0.09 I 4 0.36 1 *COUNCIL RESOLUTl•t ATT r SIGNED , 41 \, z0Z-3 SIGNED _ MU' CIPAL OFFIC AL DATE AUTHORIZED VDOT OFFICIAL DATE Submit to: CLASSIFIED BY District Point of Contact in Triplicate T&MPD ENGINEER DATE . ex ;i. Appendix B 'ail 4- Form U-1(Rev.10-1-2014) LOCAL ASSISTANCE DIVISION Page 1 VDOT REQUEST FOR STREET ADDITIONS AND DELETIONS FOR STREET PAYMENTS Section 33.2-319 Code of Virginia Additions/Replaced deletions MUNICIPALITY CITY OF VIRGINIA BEACH URBAN MINOR ARTERIAL FUNC. STREET NAME TERMINI R/W PAVEMENT CENTER- NUMBER LANE CLASS. WIDTH WIDTH LANE OF MILES (T&MPD ROUTE NUMBER FROM TO (FEET) (FEET) MILES LANES USE ONLY) I PRINCESS ANNE RD GENERAL BOOTH BLVD UPTON DR 125 95 ' 0.83 4 3.32 L - -- _.. ,.._ 'COUNCIL RESOLUTI N P A HED SIGNED f �/"� 40Z- SIGNED `NIC AUTHORIZED VDOT OFFICIAL DATE IPAL O FI AL DATE Submit to: CLASSIFIED BY District Point of Contact in Triplicate T&MPD ENGINEER DATE 1 Appendix A ndix B6 /1 , hiti_ Page 1 LOCAL ASSISTANCE DIVISION Form U-1(Rev.10-1-2014) VDOT REQUEST FOR STREET ADDITIONS AND DELETIONS FOR STREET PAYMENTS Section 33.2-319 Code of Virginia Deletions/To be replaced MUNICIPALITY CITY OF VIRGINIA BEACH URBAN COLLECTOR FUNC. STREET NAME TERMINI RNV PAVEMENT CENTER- NUMBER LANE CLASS. WIDTH WIDTH LANE OF MILES (T&MPD ROUTE NUMBER FROM TO (FEET) (FEET) MILES LANES USE ONLY) CLEVELAND ST CLEARFIELD AV WITCHDUCK RD N 60 48 0.44 2 0.88 L_ GREENWICH RD BALARD CT BALLARD CT 60 24 0.04 2 0.08 ____i I GREENWICH RD BALLARD CT NEWTOWN RD 60 23 0.06 2; 0.12 I GREENWICH RD BUSINESS PARK BUSINESS PARK 80 35 0.10 2 0.20 GREENWICH RD BUSINESS PARK BUSINESS PARK 60 29 0.09 2 0.18 GREENWICH RD BUSINESS PARK BALLARD CT 80 37 0.13 2 0.28 GREENWICH RD BUSINESS PARK.10 BUSINESS PARK 60 39 0.03 2 0.06 GREENWICH RD BUSINESS PARK.22 BUSINESS PARK 60 37 0.03 2 0.06 GREENWICH RD BUSINESS PARK DR BUSINESS PARK 60 48 0.07 f 2 i 0.14 1 .1.._.__ i ---- I GREENWICH RD WITCHDUCK RD WITCHDUCK RD 60 37 0.08 2 0.16 GREENWICH RD WITCHDUCK RD WITCHDUCK RD 60 30 0.07 2 0.14 —.---_J--_--_...._-.-- 4 GREENWICH RD WITCHDUCK RD WITCHDUCK RD 60 43 0.12 2 0.24 *COUNCIL RESOLUTIO D ATT C /D SIGNED / rk40/ret3 SIGNED AUTHORIZED VDOT OFFICIAL DATE IPAL OFFI I L' DATE Submit to: ` CLASSIFIED BY District Point of Contact in Triplicate T&MPD ENGINEER DATE `/ ^mmnm � / L �L /� �l ponno — LOCAL ASSISTANCE orma�N Form u'1(mm.10-1-2014) vooT REQUEST FOR STREET ADDITIONS AND DELETIONS FOR STREET PAYMENTS sanuon 33.2-319 oouo of Virginia Deletions/To ooreplaced Mum/o/pAury o|Tv or v|no|w|� �s�c* URBAN COLLECTOR - - - STREET NAME Tenw/w/ n»w pAvsMewT oswrsn_ muMecn ��ws | pnwn. / / CLASS. / vv|oT* vv|oTn LANE OF / m/usa (TmMpo � ROUTE NUMBER FROM TO (FEET) (FEET) MILES LANES USE own> | Gmesmvv/c*Rn m//To*ououRo vv/To*nuCxRo wo oo 0.11 u 0.22 mmsswm/|cnRo vv|ro*ououno w/Tc*ouoxRo en ur 0.17 o ' --- 0.34 - --- - -- — ---- -f----- - - / mnssmW/o*no vvmC*o u uonno oua|wsoaP�n�o� eo �� oo o| 0.04 ` | oRsswvv|C*no vv|ro*ouoKno vv|To*o � u�m�o oo u1 14 o n.om ! ' -r--------- - - oRsEmvv/o*no vv/ToHouommo vv/Tc*oucnno 60 ow 0�15 2 030 / � �/ � | | onEswvv/oHRo vv/roHouCnno.am w|To*ouomRo 60 40 0.15 2' 0.30 _-__-__ / mnssmvv/C*Rm vv|ro*ouonnom vv/roHounnno 60 47 �11 2 0.22 w/Mwmpxwv osonos MASON on WEST NECK no 120 om n.1n 4 �84 / | aAmoomoosno PRINCESS Amwsno smTRxoAon oo 24, 0.89 2 1.78 ' ^oouwo|L REmoLuT/ow wTT «H'o 14 SIGNED �� ��' � 1����, �/�J»���� a/owEo /��� OFF '� DATE ���som��F/o/� DATE Submit to: CLASSIFIED BY District Point o,Contact mTriplicate ` rmMpo smG/wssm oArs Appendix B (' (,(1. 1)- E 642 5-- Form U-1(Rev.10-1-2014) 7-1 LOCAL ASSISTANCE DIVISION Page 1 VDOT REQUEST FOR STREET ADDITIONS AND DELETIONS FOR STREET PAYMENTS Section 33.2-319 Code of Virginia Deletions/To be replaced MUNICIPALITY CITY OF VIRGINIA BEACH LOCAL FUNC. STREET NAME TERMINI R/W PAVEMENT CENTER- NUMBER LANE CLASS. WIDTH WIDTH a LANE OF MILES (T&MPD ROUTE NUMBER FROM TO (FEET) (FEET) ' MILES LANES i USE ONLY) _ - CLEVELAND ST CLEARFIELD AV DEAD END 60 38 0.08 2 1 0.16 `COUNCIL RESOLUTIO A TTAht. �, 40160Z-3SIGNED SIGNED � �� ►', AUTHORIZED VDOT OFFICIAL DATE MUNICIPAL OFFIC L D'TE Submit to: CLASSIFIED BY District Point of Contact in Triplicate T&MPD ENGINEER DATE Appendix B A /7/14 ) 171 S (p fye Page 1 LOCAL ASSISTANCE DIVISION Form U-1(Rev.10-1-2014) VDOT REQUEST FOR STREET ADDITIONS AND DELETIONS FOR STREET PAYMENTS Section 33.2-319 Code of Virginia Deletions/To be replaced MUNICIPALITY CITY OF VIRGINIA BEACH URBAN MINOR ARTERIAL FUNC. STREET NAME TERMINI R/W ' PAVEMENT I CENTER- NUMBER LANE CLASS. WIDTH i WIDTH 1 LANE OF MILES (T&MPDUSE ROUTE NUMBER FROM TO (FEET) (FEET) MILES LANES ONLY) PRINCESS ANNE RD NIMMO CHURCH LA VETERINARY WAY 45 30 1 0.15 2 0.30] . PRINCESS ANNE RD SANDBRIDGE RD NIMMO CHURCH LA 55 24 I 0.17 2 0.34 PRINCESS ANNE RD SANDBRIDGE RD SANDBRIDGE RD.045 40 33 0.15 2 1 0.30 PRINCESS ANNE RD SANDBRIDGE RD 0.30 N SANDBRIDGE RD 40 30 0.03 2, 0.08 PRINCESS ANNE RD VETERINARY WAY GENERAL BOOTH BVD 125 47 0.07 2 0.14 *COUNCIL RESOLUTIO D i ' ATT.C SIGNED Z 91LOZ3 SIGNED DATE MU CIPAL OFF �� DA AUTHORIZED VDOT OFFICIAL Submit to: CLASSIFIED BY District Point of Contact in Triplicate T&MPD ENGINEER DATE u aei, CI(62w,a r 171 CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: A Resolution Approving the City's Participation in the Proposed Settlement of Opioid-Related Claims MEETING DATE: March 21, 2023 • Background: The City and the Virginia Office of the Attorney General have been engaged in national litigation against certain parties for their role in the distribution, manufacture, and sale of the pharmaceutical opioid products that have fueled the opioid epidemic. The litigation seeks to recover costs incurred and to be incurred in abating the opioid addiction epidemic that plagues Virginia communities. Virginia localities, including the City, and the Commonwealth, through counsel, negotiated the terms of a memorandum of understanding related to the allocation and use of recoveries from the litigation. The City Council on August 17, 2021, approved the City's participation in the Virginia Opioid Abatement Fund and the settlement allocation memorandum of understanding. The City Council has previously approved a settlement in November 2021 with McKesson, Cardinal Health, AmerisourceBergen, Janssen, and their related corporate entities. The attached resolution authorizes the participation of the City in pending settlements with Teva, Allergan, Walmart, CVS, and Walgreens. • Considerations: Settlement proposals with Teva, Allergan, Walmart, CVS, and Walgreens, collectively, will pay approximately $18.5 billion nationwide to resolve opioid-related claims against them. The City's outside opioid litigation counsel has recommended that the City participate in the settlements in order to recover its share of the funds that the settlement would provide, and the City Attorney concurs with that recommendation. This resolution approves the City's participation in the proposed settlement. • Public Information: Dissemination pursuant to regular Council agenda process. • Recommendations: Adopt the attached resolution. • Attachments: Resolution Recommended Action: Approval Submitting Department/Agency: Office of the City Attorney City Manager: 40 1 A RESOLUTION APPROVING THE CITY'S 2 PARTICIPATION IN THE PROPOSED 3 SETTLEMENT OF OPIOID-RELATED CLAIMS 4 5 WHEREAS, the opioid epidemic that has cost thousands of human lives across 6 the country also impacts the City of Virginia (the "City") by adversely impacting the 7 delivery of emergency medical, law enforcement, criminal justice, mental health and 8 substance abuse services, and other services by the City's various departments and 9 agencies; and 10 11 WHEREAS, the City has been required and will continue to be required to allocate 12 substantial taxpayer dollars, resources, staff energy and time to address the damage the 13 opioid epidemic has caused and continues to cause the citizens of the City; and 14 15 WHEREAS, the City has filed suit against Teva, Allergan, Walmart, Walgreens, 16 CVS, and certain of their related corporate entities for their role in the distribution, 17 manufacture, and sale of the pharmaceutical opioid products that have fueled the opioid 18 epidemic that has harmed the City; and 19 20 WHEREAS, the City's suit seeks recovery of the public funds previously expended 21 and to be expended in the future to abate the consequences and harms of the opioid 22 epidemic; and 23 24 WHEREAS, settlement proposals have been negotiated that will cause Teva, 25 Allergan, Walmart, Walgreens, and CVS to pay billions of dollars nationwide to resolve 26 opioid-related claims against them; and 27 28 WHEREAS, the City has approved and adopted the Virginia Opioid Abatement 29 Fund and Settlement Allocation Memorandum of Understanding (the "Virginia MOU"), and 30 affirms that these pending settlements with Teva, Allergan, Walmart, CVS, and 31 Walgreens shall be considered "Settlements" that are subject to the Virginia MOU, and 32 shall be administered and allocated in the same manner as the opioid settlements entered 33 into previously with the Distributors and Janssen; and 34 35 WHEREAS, the City's outside opioid litigation counsel has recommended that the 36 City participate in the settlements in order to recover its share of the funds that the 37 settlement would provide; and 38 39 WHEREAS, the City Attorney has reviewed the available information about the 40 proposed settlements and concurs with the recommendation of outside counsel; 41 42 NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 43 OF VIRGINIA BEACH, VIRGINIA, THAT: 44 45 The City Council approves of the City's participation in the proposed settlement of 46 opioid-related claims against Teva, Allergan, Walmart, Walgreens, CVS, and their related 47 corporate entities, and directs the City Attorney and/or the City's outside counsel to 48 execute the documents necessary to effectuate the City's participation in the settlements, 49 including the required release of claims against settling entities. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2023. APPROVED AS TO LEGAL SUFFICIENCY: fe_ City ttorney's Office CA16095 R-1 March 2, 2023 z CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City- owned property known as Island Lake, located at the rear of 2421 Broad Bay Road MEETING DATE: March 21, 2023 • Background: Brandon Jones and Lotte Jones (the "Applicants") have requested permission to maintain the existing pier and open-sided boat lift, and to construct and maintain a pier addition, a float and gangway, and a vinyl bulkhead with returns (collectively, the "Temporary Encroachment") into City-owned property known as Island Lake, located at the rear of their property at 2421 Broad Bay Road (GPIN 1499-88-9924). • Considerations: City staff reviewed the Temporary Encroachment and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in Island Lake, which is where the Applicants requested to encroach. • Public Information: Public notice will be provided via the normal City Council agenda process. • Alternatives: Deny the Temporary Encroachments or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Exhibit, Agreement, Photos, Location Map and Disclosure Statement. Recommended Action: Approval r Submitting Department/Agency: Public Works/Real Estate City Manager: /' Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF CITY-OWNED PROPERTY KNOWN AS ISLAND LAKE, LOCATED AT THE REAR OF 2421 BROAD BAY ROAD WHEREAS, Brandon Jones and Lotte Jones (the "Applicants") have requested permission to maintain an existing 17.3' x 23.0' x 5.0' L-shaped pier and an existing 12.8' x 12.8' open-sided boat lift, and to construct and maintain a 12' x 16' pier addition, a 12' x 16'float, a 3' x 12' gangway, 88 LF of vinyl bulkhead with 12 LF return and a 8 LF return, (collectively, the "Temporary Encroachments") within the City's property known as Island Lake, located at the rear of their property at 2421 Broad Bay Road (GPIN: 1499-88-9924); and WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the City's property subject to such terms and conditions as Council may prescribe. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in §§ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicants, their heirs, assigns and successors in title are authorized to construct and maintain the Encroachments within the City's property as shown on the map entitled: "EXHIBIT 'A' — ENCROACHMENT REQUEST FOR AN EXISTING PIER & BOAT LIFT, PROPOSED BULKHEAD, PIER ADDITION, FLOAT& GANGWAY FOR: BRANDON & LOTTE JONES 2421 BROAD BAY ROAD, LOT 76, SECTION ONE, BAY ISLAND, M.B. 45, PG. 37," Scale: 1" =40', dated November 30, 2022, prepared by Waterfront Consulting, Inc., a copy of which is attached hereto as Exhibit A and on file in the Department of Public Works and to which reference is made for a more particular description; BE IT FURTHER ORDAINED,that the Temporary Encroachment is expressly subject to those terms, conditions and criteria contained in the agreement between the City of Virginia Beach and the Applicants (the "Agreement"), an unexecuted copy of which has been presented to the Council in its agenda, and will be recorded among the records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is hereby authorized to execute the Agreement; and 1 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as the Applicants and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 20 . CA15810 R-1 Prepared: 01/04/2023 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: )t) Liy4h P BLIC WORKS, REAL ESTATE R YER NIOR CITY ATTORNEY 2 e JONES ENCROACHMENT EXHIBIT 1 *THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION S OF DEEDS AND PLATS SHOWN HERON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. i *THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR VERIFICATION OF RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. 3 APO#3 MAXIMUM ENCROACHMENT: _'FOOD a98l...- EX.BULKHEAD 11.1'x 88.5' NOW OR FORMERLY N ISLAND LAKE CITY OF VIRGINIA BEACH EX.PIER 31.0' CANALS IN BAY ISLAND EX.BOAT LIFT 42.8' REF: M.B. 45 PG. 37 m.b.45, PG. 37 EX.OPEN SIDED BOAT LIFT ,12.8' .PILES EX.BULKHEAD,LIFT &PILE OF OTHERS .�.- N io EX.BULKHEAD,WHARF 1 -'--- • &FLOAT OF OTHERS cu w MHW&MLW AT FACE 45'6 O OF EX.BULKHEADS N o o o� 42.9' I >,. S 80'47'38"W ki) , ..-\EX.PIERai. iPF78.88N 39'25'58"W _ / F..• N4\ APO #2 17.05' F"' 00 Z NOW OR FORMERLY Ln i �= - i o ELIZABETH J. NEEDHAM rZ5/ NOW OR FORMERLY 't 24 17 BROAD BAY ROAD g-1,' BRANDON 4 LOTTE JONES 1 0 GPIN: 1499-98-0839 3 2421 BROAD BAY ROAD r,,, APO#1 (NST:20 1 50713000656 100 c' GPIN: 1499-88-9924 ! m.b.45, PG. 37 N' INST:201 90328000245670 + NOW OR FORMERLY m.b.45, PG. 37 ROBERT T. 4 ANN D. N/ + MCMANUS `, i ,+ 2425 BROAD BAY ROAD �T H _ GPIN: 1499-88-8903 PF �' ��t �,le '�, 0 !Mil D.B. 436G, PG. 1095 O .p 'ram \ m.b.45, PG 37 4. Gt. 2 to) 2 STY.BR&FR Pt,' #2421 t c' SEAN E. GREEN > r , Lic. No. 0402064005 1 ►�� y..;; 1 y ...o... __.,.....,_ „ers,i. :re-e"'ei,2- �2472 L(7 I ••_a R=436.99' • S/0NA1. Ok ,' A=149.99' ' _ CL=149.18' •,:.. ., I CB=N79°35'26"W `.• + ' Delta=19°39'59" .' •. + PF ` if, t PF __.----- • r_ `,_-,_---- • . ---------- 47'TO INTERSECTION WITH SPINDRIFT ROAD 0 40 80imeitimpiammiod BROAD BAY ROAD (50'RIGHT-OF-WAY) SCALE: 1"=40' REF: M.B. 45 P. 37 EXISTING EXHIBIT 'A' - ENCROACHMENT REQUEST CONDITIONS FOR AN EXISTING PIER & BOAT LIFT, PROPOSED BULKHEAD, PIER ADDITION, ?� i WATERFRONT FLOAT& GANGWAY . �/ CONSULTING, INC. FOR: BRANDON &LOTTE JONES 2589 QUALITY COURT,SUITE 323 2421 BROAD BAY ROAD, LOT 76, SECTION ONE, BAY ISLAND, VIRGINIA BEACH,VA 23454 M.B.45, PG. 37 PHONE:(757)425-8244,MOBILE:(757)619-7302 NOVEMBER 30, 2022 PAGE 1 OF 2 ENGINEERING SERVICES PROVIDED BY: STONE GREEN CONSULTING,LLC `CO2022 WATERFRONT CONSULTING,INC. ALL RIGHTS RESERVED 4014 MEDINA R �)# 2 AKRON,OH 44333 J e JONES ENCROACHMENT EXHIBIT Na THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HERON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. S THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR VERIFICATION OF RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. M 3 N MAXIMUM ENCROACHMENT: REF:M.B.45 PG. 37 LAKE EX. BULKHEAD 11.1'x88.5' ISLAND EX.PIER 31.0' EX. BOAT LIFT 42.8' �i,A L T H op` rF�ppD 2EBa__� PROP. BULKHEAD 13.8'x93.3' �� -rC PROP. PIER 25.5' PROP. FLOATING PIER 20.6' 4 y APO#3 PROP. GANGWAY 17.1' 0 NOW OR FORMERLY c' SEAN E. GREEN a CITY OF VIRGINIA BEACH LIC. No. 0402 64005 CANALS IN BAY ISLAND m.b.45, PG. 37 ' EX.PILES TO BE #4 8_20 '\ REMOVED NA PROP. 12'x16'FLOAT EX.BULKHEAD,LIFT EX.OPEN SIDED BOAT LIFT &3'x12'GANGWAY Oil &PILE OF OTHERS PROP.88 LF OF VINYL BULKHEAD WITH A 12 LF , 12.8' 4- MHW&MLW RETURN&8 LF RETURN -� ' AL AT FACE OF EX. ..r�... N EX.BULKHEAD,WHARF r,, 00 20.3' BULKHEADS ,..., &FLOAT OF OTHERS u 17.3' c� /-� PROPOSED 12'x16' j �� a, A'> '" PIER ADDITION N' VI � I .-_-- , ' 4. 42 um 1 �wa PIO -- , APO# APO #2 r'" `'...► \z NOW OR FORMERLY - , ROBERT T. ANN D. NOW OR FORMER LY r. , ''- i p MCMANUS ELIZABETH J. NEEDHAM ' ,..• KJ 24 17 BROAD BAY ROAD I W Lr+ EX.PIER PF o 2425 BROAD BAY ROAD GPIN: 1499-98-0839 ,' - 5'x23' lk cr... GPIN: 1499-88-8903 IN5T:20 1 507 1 3000656 1 00 Psi I N 39'25'58"W r" D.B. 4366, PG. 1095 m.b.45, PG. 37 , 17.05' S 80e 47 38 W rn.b.45, PG 37 v, 78.88' ~' NOW OR FORMERLY , 60 ; BRANDON 4 LOTTE JONES ' o f 242 1 BROAD BAY ROAD „, GPIN: I499 88 9924 , ,f' INST:20 190328000245670 \�� 0 30 �! 60 m.b.45, PG. 37 , %millilnimmimil SCALE:1"=30' PROPOSED EXHIBIT 'A' - ENCROACHMENT REQUEST IMPROVEMENTS FOR AN EXISTING PIER & BOAT LIFT, PROPOSED BULKHEAD, PIER ADDITION, 7 , : WATERFRONT `A FLOAT& GANGWAY _A / I CONSULTING, INC. FOR: BRANDON & LOTTE JONES 2589 QUALITY COURT,SUITE 323 2421 BROAD BAY ROAD, LOT 76,SECTION ONE, BAY ISLAND, VIRGINIA BEACH,VA 23454 M.B. 45, P G. 37 PHONE:��7 415.8244,MOBILE:(757)619-7302 ENGINEERING S'ROICES PROVIDED BY: NOVEMBER 30, 2022 PAGE 2 OF 2 STONE GREEN CONSULTING,LLC ©2022 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED 4014 MEDINA ROAD#1015,AKRON,OH 44333 S (330)833- I PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this r3,ajday of re-brUctrkf209,3 by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, `City", and BRANDON JONES and LOTTE JONES, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "76" as shown on that certain plat entitled: "SUBDIVISION OF BAY ISLAND SECTION ONE PRINCESS ANNE CO, VA. LYNNHAVEN MAGISTERIAL DISTRICT," Scale: 1" = 100', dated February, 1958, prepared by Frank D. Tarrall, Jr. & Associates, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 45, at page 37, and being further designated, known, and described as 2421 Broad Bay Road, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to maintain an existing 17.3' x 23.0' x 5.0' L-shaped pier and an existing 12.8' x 12.8' open-sided boat lift and to construct and maintain a 12' x 16' pier addition, a 12' x 16' float and 3' x 12' gangway, and 88 linear feet of vinyl bulkhead with a 12 linear feet return and an 8 linear feet return collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: (CITY-OWNED PROPERTY ISLAND LAKE - NO GPIN ASSIGNED) 1499-88-9924 (2421 BROAD BAY ROAD) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City-owned property known as Island Lake, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT 'A' — ENCROACHMENT REQUEST FOR AN EXISTING PIER & BOAT LIFT, PROPOSED BULKHEAD, PIER ADDITION, FLOAT & GANGWAY FOR: BRANDON & LOTTE JONES 2421 BROAD BAY ROAD, LOT 76, SECTION ONE, BAY ISLAND, M.B. 45, PG. 37," Scale: 1" = 40', dated November 30, 2022, prepared by Waterfront Consulting, Inc., a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 2 Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit''). It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. 4 IN WITNESS WHEREOF, BRANDON JONES and LOTTE JONES, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20 , by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 9 BRANDON JONES LOTTE JO ES STATE OF V/RONLA CITY/COUNTY OF _, to-wit: The foregoing instrument was acknowledged before me this _ day of \--e..brucorc,( , 20 by BRANDON JONES and LOTTE JONES. (SEAL) No ry Public SANDRA L. BRADY Notary Public Notary Registration Number: commonwealth of Virg62inia88• My Commission Expires May 31, 2023 My Commission Expires: APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM S G TU R C-f Y e in) Raj f(414)6, DEPARTMENT 7 e ZONES ENCROACHMENT EXHIBIT 1 *THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION S 4.-- OF DEEDS AND PLATS SHOWN HERON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. *THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR VERIFICATION OF RESTRICTIONS REQUIRED BY M OTHER ASSOCIATIONS OR AGENCIES. 3 OD APO#3 MAXIMUM ENCROACHMENT: - 'FLO �EBg�� NOW OR FORMERLY EX.BULKHEAD 11.1'x 88.5' N ISLAND LAKE CITY OF VIRGINIA BEACH EX.EX.BOATIERLIFT 42.8'0 CANALS IN BAY ISLAND REF: M.3. 45 PG. 37 m.b.45, PG. 37 EX.OPEN SIDED BOAT LIFT 12.8' X.PILES EX.BULKHEAD,LIFT h-, &PILE OF OTHERS N CC EX.BULKHEAD,WHARF 1 &FLOAT OF OTHERS w w MHW&MLW AT FACE 45 6 o OF EX.BULKHEADS \%. 42.91- Q= o4. 5 80'47'38"W tD ► A EX.PIER i PF 78.88' N 39'25'58"W _ I 1.-► N APO#2 17.05' 1-, oo Z NOW OR FORMERLY I ~ 1 ELIZABETH J. NEEDHAM A5/ NOW OR FORMERLY 1 IJS 24 17 BROAD BAY ROAD P-'; BRANDON 4 LOTTE JONES i 0 GPIN; 1499-98 0839 31 2421 BROAD BAY ROAD y '1" APO#I INST:20 150713000656 100 0 ' GPIN: 1499-88-9924 ` r NOW OR FORMERLY , m.b.45, PG. 37 ch INST:20 190328000245670 ,N' m.b.45, PG. 37 ; ROBERT T. ANN D. • MCMANUS P f; i 2425 BROAD BAY ROAD �ptTH 0f. GPIN: 1499-88-8903 .cot D.B. 4366, PG. 1095 O�`� `�� 1k IIIIIII • �= m.b.45. PG 37 4 r� 1 4 Z 2STY. BR&FR o I #2421 SEAN E. GREEN r , I S. �t ic. No. 0402064005 1 ►l 1 y ck- I -' . . ,O 0--- --- ----------1; , /" 2- 8-202 _ F�S/O E.* A=149.99' 1 NAL . ..` • / CL=149.18' ! CB=N79°35'26"W . ' '• ' Delta=19°39'59" • • • ' PFi PF -_ -,__ __ __ __ ' . __------ 47'TO INTERSECTION WITH SPINDRIFT ROAD 0Iminiallsimil 40 80 BROAD BAY ROAD (50'RIGHT-OF-WAY) SCALE:1"=40' REF: M.B. 45 P. 37 EXISTING EXHIBIT 'A' - ENCROACHMENT REQUEST CONDITIONS FOR AN EXISTING PIER & BOAT LIFT, PROPOSED BULKHEAD, PIER ADDITION, 7 , ,,� : WATERFRONT FLOAT& GANGWAY A a -,4 1 CONSULTING, INC. FOR: BRANDON &LOTTE JONES 2589 QUALITY COURT,SUITE 323 2421 BROAD BAY ROAD, LOT 76, SECTION ONE, BAY ISLAND, VIRGINIA BEACH,VA 23454 M.B.45, PG. 37 PHONE:(757)425-8244,MOBILE:(757)619-7302 NOVEMBER 30, 2022 PAGE 1 OF 2 ENGINEERING SERVICES PROVIDED BY: STONE GREEN CONSULTING,LLC 02022 WATERFRONT CONSULTING,INC. ALL RIGHTS RESERVED 4014 MEDINA ROAD#1015,AKRON,OH 44333 (330)883-2117 d JONES ENCROACHMENT EXHIBIT 1 *THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HERON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. s *THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR VERIFICATION OF RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. 4.--N\ 3 N MAXIMUM ENCROACHMENT: REF:M.B.45 G. 37 LAKE EX. BULKHEAD 11.1'x88.5' ISLAND EX. PIER 31.0' _c p,L T H 0i. rFLDOO2 EX. BOAT LIFT 42.8' EBB PROP. BULKHEAD 13.8'x93.3' �� �'/� PROP. PIER 25.5' �� C' APO#3 PROP. FLOATING PIER 20.6' o Z NOW OR FORMERLY PROP. GANGWAY 17.1' L) SEAN E. GREEN v CITY OF VIRGINIA BEACh LIC. No. 0402064005 CANALS IN BAY ISLAND ,� m.b.45, PG. 37 -Ify .-1 EX.PILES TO BE •-"el2-28-202 �' REMOVED S�ONAL F.'" PROP. 12'x16' FLOAT EX.BULKHEAD,LIFT EX.OPEN SIDED BOAT LIFT &3'x12'GANGWAY Olt &PILE OF OTHERS PROP.88 LF OF VINYL BULKHEAD WITH A 12 LF 1�•4- MHW&MLW RETURN&8 LF RETURN �. AT FACE OF EX. �"- N EX.BULKHEAD,WHARF �, CO J 20.3' BULKHEADS &FLOAT OF OTHERS ` "' _ r PROPOSED 12'x16'- N =� a, q6� /' PIER ADDITIONII N- Vi Inw- _,,_„,_-- ----iv.,. 42 � V ' %� L , APO#I APO #2 e . - e \Z NOW OR FORMERLY NOW OR FORMERLY Cr) ,' jJ.- - e �� ROBERT T. ANN D. ELIZABETt1 J. NEEDHAM 1-. „ `s:. MCMANUS 24 17 BROAD BAY ROAD 1 `'' Ln_ EX. PIER PF `0 2425 BROAD BAY ROAD GPIN: 1499-98-0839 o- 5'x23' A°'_ GPIN: 1499-88-8903 INST:20 1 50713000656100 i,,I N 39'25'58"W \^' D.B. 4366, PG. 1095 m.b.45, PG. 37 ,h, 17.05' 580°47'38"W i i m.12.45, PG 37 NI 78.88' l r NOW OR FORMERLY 1, 3' BRANDON $ LOTTE JONES ' p I 242 I BROAD BAY ROAD 1`r N, GPIN: 1499 88-9924 ;v N' 1N5T:20190328000245670 0 30 L' 60 m.b.45, PG. 37 SCALE: 1" =30' PROPOSED EXHIBIT 'A' - ENCROACHMENT REQUEST IMPROVEMENTS FOR AN EXISTING PIER & BOAT LIFT, PROPOSED BULKHEAD, PIER ADDITION, 1, , : �7 WATERFRONT FLOAT& GANGWAY AL&JL1 CONSULTING, INC. FOR: BRANDON & LOTTE JONES 2589 QUALITY COURT,SUITE 323 2421 BROAD BAY ROAD, LOT 76, SECTION ONE, BAY ISLAND, VIRGINIA BEACH,VA 23454 M.B. 45, PG. 37 PHONE:(757)425-8244,MOBILE:(757)619-7302 ENGINEERING SERVICES PROVIDED BY: NOVEMBER 30, 2022 PAGE 2 OF 2 STONE GREEN CONSULTING,LLC ©2022 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED 4014 MEDINA ROAD#1015,AKRON,OH 44333 (330)883-2117 * '_ •_ t .7,"A" , 1� - — N r � d r r e44%.*'' li W I ; •me)))114# 'Is . ✓? s 1 is . r=f. ". 41, — si, . .- . . ..1 , .. ,.. - , ,yo :4:. x w u + '.. ' z''. ' it/ ••:' :41' D ); la- t 4 s L a ',' i1/41 ,..-....Nlif , . ., ,,,, . , .4 t. • 4, • • r i t r, ., 1� r $0,,A.,'`.. : ti fr...k _ ._ 1.,4,,,,, - ;I ,...„ , ., rimmivai . ,:v 1 .)-1 ' ' * - JO ; ,• i * At . ' ' 1 ,, : th!': r 7 .7.-: ...,..,..r? ...,..?..,.lit 1,1 __, TKO ,l s P• C •.�'•�^ j / • 4 �$., ^;'�\,'i', '�' r �A•... ., ` 24* y,� 01170 Aid,r. iii,..1•/-'C-4* ' '-' . 4 r` 1 ♦ 1 .. , .'t, " 'iti• 404..., , 7' .F......}44„, i.:4 , ..... .::, * rhille* ' ''-'''4'r: . L -`'' . • ,•,r ...... , ... „,,,,...,....„ .... liaidw-- .74 4.. -'le. e ,, ,,.......„ _.,,.., .,,, ..,...... : ,, ,, ir - .: . _ , ..•,' i., -. ,., .. ,„ iy. ''''' 7•,... •, , .,. 4 . ,,, . It ,.. . .. --..-- ' yet 4.',' , • , " ' LOCATION MAP ' %� • . �`..: • ENCROACHMENT REQUEST'`- FOR BRANDON & LOTTE JONES Legend 4Ir ,• �``' 2421 BROAD BAY ROAD ''� G PI N 1499-88-9924 City Property !,11 - ;�' %�" . ±R ,,,, / Feet NM 1499-88-9924 t i '. "°�' : 4 0 50 100 200 Y•\rAflfl\Prnicrtc\APr Pilee\A(,PMflA RAAPQ\1AQQ_f2A_QQ')A ties ri• N SHORE DR w am S/TE� LL n 0 z c/) LOCATION MAP ENCROACHMENT REQUEST FOR BRANDON & LOTTE JONES Legend 2421 BROAD BAY ROAD City Property GPIN 1499-88-9924 Feet 1499-88-9924 1:3 0 50 100 200 F7 7) A k-D A A I IC IC C. -.4 C D..——.*111 V)rl')) r-7ilnc\A(--C:Klr)A RAAD(Z\lAQ0-GQ-f=0), Jones Photo Exhibit 4 ,s:',rc 'vim 1 .,.... ..• •*. r. s,S r. -i.,... .,. ' *�: �a+ �P�; s� r - d� , ,'' it• ^♦ ' ' t'!',- Wr ?"I". ♦ R yew- - a0.a MIMIv - ilaL - ‘ila aillIllIll'"Ill • iWi=1`="""" . . _ r a �YSf f ^.� K View looking southeast displaying similar encroachments • 1..." .kl.•All•. .--- ,Z___ - Ira". -.161',...: Vic..„4. • . •••• _ _ .:4_:!.. _ -4',-.7.1,—,,:t.": I' . , •1 rAH i: ' _--,- R s ,:a"a;*.; Jones Photo Exhibit • - to O .♦ l: .. �Yi2_ ':�' ,�Y1f... �01Hat0L�•/�_i ! • Ste•" '� 111C *Qs:t"► /..fit r��i�v .�e+r..�+..r�r wsr� s. k' . ,4,, rra�'•w y�iw►,nii�r�w.vr:.a,sasilr�'r �.�s��mifia_a� a. "- _ • ..e., -mom ,I ' 1 \' ;i_ — .„,„, , , - 4:A k Y-Li..:i ars it fo r .i t,, i AL 2 ,Tv_---,- __--;.; A 1kt I. : L ___ _ _____, . gill __;- , ,...- . .. - . 10 .. , . _ , ., _ . • , _ ` .. .ice ter` ,s_ .- - ' '9 ,w• ".:T- I: l View looking west displaying similar encroachments DocuSign Envelope ID:CD807B87-4220-43D3-92FA-F21 BFD268896 Disclosure Statement Cif y of Virginia Bends Planning & Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board, commission or other body. Applicant Disclosure Applicant Name Brandon & Lotte Jones Does the applicant have a representative? ® Yes ❑ No • If yes, list the name of the representative. Robert Simon -Waterfront Consulting, Inc. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes 0 No • If yes, list the names of all officers, directors, members,trustees,etc.below. (Attach a list if necessary) • If yes, list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) 1"Parent-subsidiary relationship" means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA. Code§2.2-3101. 2"Affiliated business entity relationship" means"a relationship,other than parent-subsidiary relationship,that exists when (i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities, Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 1I DocuSign Envelope ID:CD807B87-4220-43D3-92FA-F21BFD268896 Disclosure Statement City of Virginia Beach Planning & Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes © No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? El Yes ❑ No • If yes,identify the financial institutions. Wells Fargo 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes l No • If yes,identify the real estate broker/realtor. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 0 No • If yes,identify the firm or individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 0 No • If yes,identify the firm or individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes 0 No • If yes,identify the purchaser and purchaser's service providers. 2 ! Page DocuSign Envelope ID:CD807B87-4220-43D3-92FA-F21 BFD268896 Disclosure Statement City of Virginia Beads Planning & Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? I Yes ❑ No • If yes,identify the construction contractor. Collin Marine 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ® Yes D No • If yes,identify the engineer/surveyor/agent. Agent- Robert Simon, Waterfront Consulting, Inc. Engineer-Chesapeake Bay Site Solutions 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes © No • If yes,identify the name of the attorney or firm providing legal services. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. r5tr04.61A, DocuSigned by: ^` DoccuSigned by: .JOB'S (,DIlt, 3blitt-S 8fl52{8gA7E,V57 5520195914130415 Applicant Signature Brandon & Lotte Jones Print Name and Title 3/1/2023 3/1/2023 Date Is the applicant also the owner of the subject property? ❑ Yes I No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes as of Date . Signature Print Name 3IPage DocuSign Envelope ID:CD807B87-4220-43D3-92FA-F21 BFD268896 Disclosure Statement City of Virginia Beach Planning &Community Development Continue to Next Page for Owner Disclosure 4 1 F (7- DocuSign Envelope ID:CD807B87-4220-43D3-92FA-F21 BFD268896 Disclosure Statement City of Virginia Beach Planning & Community Development Owner Disclosure Owner Name City of Virginia Beach Applicant Name Brandon & Lotte Jones Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes IN No • If yes, list the names of all officers, directors, members,trustees,etc. below. (Attach a list if necessary) • If yes, list the businesses that have a parent-subsidiary3 or affiliated business entity4 relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes No • If yes,what is the name of the official or employee and what is the nature of the interest? 3"Parent-subsidiary relationship" means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 4"Affiliated business entity relationship" means"a relationship,other than parent-subsidiary relationship,that exists when (i)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. SIPage DocuSign Envelope ID:CD807B87-4220-43D3-92FA-F21 BFD268896 Disclosure Statement City of Virginio Beach Planning & Community Development Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? El Yes ❑ No • If yes,identify the financial institutions. Wells Fargo 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes No • If yes,identify the real estate broker/realtor. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the firm or individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes I No • If yes,identify the firm or individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes I No • If yes,identify the purchaser and purchaser's service providers. 6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 0 No • If yes,identify the construction contractor. 7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 0 No • If yes,identify the engineer/surveyor/agent. 6I , DocuSign Envelope ID:CD807B87-4220-43D3-92FA-F21 BFD268896 111 1111 Disclosure Statement 1/13 City of Virginia Beach Planning & Community Development -. 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes © No • If yes,identify the name of the attorney or firm providing legal services. Owner Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. DocuSigned by: ,- DocuSigned by: f reuA,hlk, jblu s Lofft, ,,DIAd.s 8052580l17E10157... "- 65201950148D415.. Owner Signature Brandon & Lotte Jones Print Name and Title 3/1/2023 3/1/2023 Date 7IPage rt e .,. ....iy �y ., ..v=r.,4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City- Owned property known as Lake Wesley, located at the rear of 545 Virginia Dare Drive. MEETING DATE: March 21, 2023 • Background: Justin A. Savage and Amy K. Savage (the "Applicants") have requested permission to construct and maintain a pier with a gazebo roof structure, a ramp and boat lift, and to maintain an existing floating dock with 13 piles (collectively, the "Encroachments") into City-owned property known as Lake Wesley (GPIN: 2427-20-6108), located at the rear of the Applicants' property at 545 Virginia Dare Drive (GPIN: 2426-29-9885). • Considerations: The City has reviewed the requested Temporary Encroachments and has recommended approval of same, subject to certain conditions outlined in the attached Agreement. There are similar encroachments into Lake Wesley, which is where the Applicants have requested to encroach. • Public Information: Public notice via the normal City Council agenda process. • Alternatives: Deny the Temporary Encroachments or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement • Attachments: Ordinance, Agreement, Exhibit, Pictures, Location Map, and Disclosure Statement Form. Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate (0) City Manager: filV 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY-OWNED 6 PROPERTY KNOWN AS LAKE 7 WESLEY, LOCATED AT THE REAR 8 OF 545 VIRGINIA DARE DRIVE 9 10 WHEREAS, Justin A. Savage and Amy K. Savage (the"Savages") have requested 11 permission to construct and maintain a variable width pier extending 56' into Lake Wesley, 12 a 140 sq. ft. gazebo with a roof, a 3' X 15' aluminum ramp, a 13' x 13' boat lift, and 13 maintain an existing 8.6' x 54.5' floating dock with 13 piles, as more specifically shown on 14 Exhibit A attached hereto, (collectively, the "Temporary Encroachments") into City-owned 15 property known as Lake Wesley(GPIN: 2427-20-6108), located at the rear of 545 Virginia 16 Dare Drive (GPIN: 2426-29-9885); and 17 18 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 19 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 20 the City's property subject to such terms and conditions as Council may prescribe. 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 23 OF VIRGINIA BEACH, VIRGINIA: 24 25 That pursuant to the authority and to the extent thereof contained in §§ 15.2-2009 and 26 15.2-2107, Code of Virginia, 1950, as amended, the Savages, their heirs, assigns and 27 successors in title are authorized to construct and maintain the Temporary Encroachments 28 as shown on the Exhibit entitled: "EXHIBIT A ENCROACHMENT EXHIBIT FOR NEW 29 PIER, GAZEBO ROOF, ALUMINUM RAMP AND BOAT LIFT, INCLUDING EXISTING 30 FLOATING DOCK WITH PILES AND MOORING PILES FOR JUSTIN A. AND AMY K. 31 SAVAGE LOT 23, RESUBDIVISION OF CROATAN BEACH PLAT: M.B. 37, PG. 11," 32 Scale: 1" = 30'-0", dated July19, 2022 and prepared by Calvert Marine, a copy of which is 33 attached hereto as Exhibit "A" and to which reference is made for a more particular 34 description; 35 36 BE IT FURTHER ORDAINED, that the Temporary Encroachments are 37 expressly subject to those terms, conditions and criteria contained in the Agreement 38 between the City of Virginia Beach and the Savages (the "Agreement"), an unexecuted 39 copy of which has been presented to the Council in its agenda, and will be recorded, after 40 execution, among the records of the Clerk's Office of the Circuit Court of the City of Virginia 41 Beach; 42 43 BE IT FURTHER ORDAINED, that the City Manager or his authorized 44 designee is hereby authorized to execute the Agreement; and I. 45 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 46 such time as the Savages and the City Manager or his authorized designee execute the 47 Agreement. 48 49 Adopted by the Council of the City of Virginia Beach,Virginia, on the 50 day of , 2023. CA 15804 PREPARED: 12/12/2022 R-1 c:\users\anegronrodriguez\appdata\local\microsoft\windows\inetcache\content.outlook\mtigeki0\00837357(002).doc APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: LIC RKS, REAL ESTATE . ARMEYER ENIOR CITY ATTORNEY 2 Note:Reference Line is the Property Line extended. EXHIBIT A (Distance from Property Line(TYP) L,l Encroachment Exhibit For New pier, 0 co N Gazebo Roof, Aluminum Ramp and Boat c 25.93 c a; c> Nv c co 129(Reference Line(TYP) 56.29'°°57.29' 77.90�°p79.10' Lift, including existing Floating Dock a Existing Mooring Piles to remain(9) with Piles and Mooring Piles For Justin A. and Amy K. Savage LOT 23, cc 55.85, NEW RAMP 3'x'5' c 0) RESUBDIVISION OF CROATAN BEACH Pile on Line c180.39' co - -- 131.0' 70.3 M PLAT: M.B. 37, PG. 11 ig - a;Existing Floating Dock&file to remair j° 6.b2' 70 -�r` ,ax13 ° ;�` 13.0 NEW BOAT LIFT ----- Existin� es to ' k al a) beren yq (2). ° LAKE WESLEY a •N 4 / :�I 7•66 CITY OF VIRGINIA BEACH 1 - b.l m -NEW GAZEBO GPIN: 2427-20-6108 / ,�__ `- ,� �t _i__��. 18.02' ROOF STRUCTURE Tie Line 90 89' 140 SF(18"O.H.) 1 18' 3' 2.85� - L_-_N 31°50'16' --- 2' 1ED. 3Ft 30.0' 17.0' NEW OPEN PILE26 4'� ("��I`I..� .' y ..;• ;ram AMBERPIER 4 T - ol )►4 _ _Tie Lrne 4 M�.�.•� y 3 , y �� I - �_ 53.0' 2.95' b.�4' y \A• di y y y y y.. ,. v 2.9 2.93" .V 1 y —. .,`y y y y � y y y I J . �d .V J, ry y LL`i— ,,1 . y ve.,i ii��111111L _ ' 'III ----�--=-— • - .—� :i.'� N 4. �N '' 1 6' a) fb. 1 i col p` to• 0' 10' 20' 30' POOL I CO(13 In o to 4 •� GRAPHIC SCALE: 1"= 30'-0" \I I CVO 09/19/2022o cp la JUSTIN A. AND AMY K. SAVAGE ' MARY A. FRANKS JR. cn rn CN Instrument No. 202103040966 Lic. No.52162 Z N Z GPIN: 2426-29-9885 - •' 1 I I p �<v 0 CD , ~ N c� '.4. / S DNA1r E c� U Z 2 ,c I cnOmav, �i { I _ o LOT24 oLOT 23o Paul V. Michels � R' 541 Virginia Dare Drive N S,�P'0)4s4S��,�0" % o GPIN: 2426-39-0904 MB 37 PG 11 7._� a Itei,N01414‘r ork-� o�P5 4 5 - Instrument No. // 20100416000348230 S "ckcP- c� ;kiif- •I �Z \\ 41311/1ARINE f-.1- I �7 J a A=92.48' I' � ° e AGENT ENTo S 243718" W R=938.37JSix I u G a a 3132 RIVEREDGE VEREDGE DR,` . 21 ___a_-- ______ PORTSMOUTH, VA 23703< R VI RGINJA DAR RIVE 757.777.6960 I 50 FT.R/W Rich@CalvertMarine.net PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this day of -' `'� 2023, by Gr and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and JUSTIN A. SAVAGE AND AMY K. SAVAGE, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "23", as shown on the certain plat entitled: "RESUBDIVISION OF PART OF CROATAN BEACH PRINCESS ANNE CO, VA," Scale: 1" = 100', dated June 1954, prepared by C. A. Bamforth, CLS, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 37, at page 11, and being further designated, known, and described as 545 Virginia Dare Drive, Virginia Beach, Virginia 23451; and WHEREAS, it is proposed by the Grantee to construct and maintain a variable width pier extending 56' into Lake Wesley, a 140 sq. ft. gazebo with roof, a 3` x 15' ramp, and a 13' x 13' boat lift, and maintain an existing 8.6' x 54.5' floating dock with 13 piles, as more specifically shown on Exhibit A attached, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: 2427-20-6108 (CITY PROPERTY KNOWN AS LAKE WESLEY) 2426-29-9885 (545 VIRGINIA DARE DRIVE) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City property known as Lake Wesley (GPIN: 2427-20-6108), located at the rear of 545 Virginia Dare Drive. the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach. and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT 'A' ENCROACHMENT EXHIBIT FOR NEW PIER, GAZEBO ROOF, ALUMINUM RAMP AND BOAT LIFT, INCLUDING EXISTING FLOATING DOCK WITH PILES AND MOORING PILES FOR JUSTIN A. AND AMY K. SAVAGE LOT 23, RESUBDIVISION OF CROATAN BEACH PLAT: M.B. 37, PG. 11," Scale: 1" = 30-0', dated September 19, 2022 prepared by Calved Marine, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove. all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees. from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area. the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Justin A. Savage and Amy K. Savage, the said Grantee, has caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2023, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 2023. by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH. VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 - 4 JU IN A. SAVAGE )2 - AMY K VAGE -9 — STATE OF V,rgl n'h CITY/COUNTY OF VA b-Q G..th , to-wit: The foregoing instrument was acknowledged before me this I 1 day of •lb. , 2023, by Justin A. Savage and AmyK. Savage. g AlNa,? ��- _ (SEAL) Notary Public DE . P J OHNSON NOTARY PUBLIC %A:4)334(2)26 g Notary Registration Number: 3�g p ..� a, COMM OSXP• oa(p MONWEA TH F VIRGINIA My Commission Expires: 0(4 So c)/4.D(p APPROVED AS TO CONTENTS APPROVED AS TO LEGAL S IENCY AND FORM \04‘. 1) lial / ,/4 -..._.,---- P DL WOR S — REAL ESTATE A ARMEYER SE�TY ATTORNEY 7 Note:Reference Line is the Property Line extended. EXHIBIT A (Distance from Property Line(TYP) f o Encroachment Exhibit For New pier, W 0; N �a) N- Gazebo Roof, Aluminum Rampand Boat c o 25.93 rn c) N (Ni -' .29'(Distancefrom `��`� Lift, includingexistingFloatingDock m 56.29 57.29' 77.90 79.10' c, Reference Line(TYP) 22 Existing Mooring Piles to remain(9) with Piles and Mooring Piles 4, For Justin A. and Amy K. Savage LOT 23, cx 55.85' NEW RAMP 3'x'5' _ RESUBDIVISION OF CROATAN BEACH Pile on Line � 13'.0' 70.38 M ati PLAT: M.B. 37, PG. 11 cdExisting Floating Dock 8 Piles to remain c 6.b2' 0.39' 70 --r`- .01x 1325 ' _Y13'.0' NEW BOAT LIFT Existin es to 41 be veld ° a LAKE WESLEY %— .N o �' . '— 7•� CITY OF VIRGINIA BEACH 1 _ ' . o el `L. - 2 19.44'18.02'` ROOF STRUCOTURE GPIN: 2427-20-6108 2.85'� r►e Line -L..__ N 90089' 140 SF (18" O.H.) 1 18' 3' - _ 31 50'16' 30.0' . , ; 17.0' ---- --- 2' 13' NEW OPEN PILE 26 4 rbcci �7__ M��1 ,-0._y r,,•" ..- AMBER PIER 4 l - Tie 4' °° ')1- . I ' ,1 5 .0' — . 2.95'�' 9 yco 4yT .Y9 t ! 99y O4`i I I = —..,.,. — _ ,1,, .—,,,,-,-e7.,'".‘id nflEilii01 ' ' 1 0 , b' > °o p t 0' 10' 20' 30' POOL I 0 co 03 o I •i GRAPHIC SCALE: 1" = 30'-0" comer 0 =_ co , E'co c) I I I 1.1\\\I ,,,�1,TH Op Dr—M 09/19/2022rTU2o-.,NT Id JUSTIN A. AND AMY K. SAVAGE 0 GARY A. FRANKS JR. - w rn C\Jo ; 1 Instrument No. 202103040966 Lic. No.52162 Z N z I GPIN: 2426-29-9885 •' , .- / \\ o 4. 0cfl c ; T c� =O N c I/ 'I S 'ONAL E� 0 Z 2 �o cn O _co I I i i_ i i I o LOT 24 LOT 23 o Paul V. Michels ,� to I TT; 541 Virginia Dare Drive N , P��S.4MN 1 o GPIN: 2426-39-0904 MB 37 PG 11 to G�N�P'S'�c' p�PN rr- 5 4 5 I • Instrument No. N ' •`OX 0 Eo�p\*5k �� , g 20100416000348230 <Lt, l s° ��5,13 �l�� O I CALVERT ce o�Z •� MARINE -~f-- 3 o Cl c A=92.48' I' o � S 24°37'18" W` R=938.37 I AGENT con, ° t a J 3132 RIVEREDGE DR <� I R17t2' __. __ --------T I PORTSMOUTH, VA 23703 VI RG I NJA DAREQRIVE 757.777.6960 50 FT.RAN Rich©CalvertMarine.net - - -41'4 3T,Lmial, ii rim\ :. sic., i 1'1 . . ,_.. irrl ....,1_ ‘(‘‘ 4. IV. : A. 3 . _W-1 f „,,,0 ....a• ,.-. •4.- 'v.?' WQ � o Uj « : (Ni cr • " Ll CO t. ! 1._ce o)! , . ,, Z r c a N Q ii. eivicc, - ;.,. - 7,._i- 4 k **. ' Z0 Liu Q ' O Q rt,,,,a, „____ ,„ � c., • %, . . ._: ..: _vR `VE Q = aZN Ur A vAN oQ — � 2 I r , , ` , ! ,, - ,� t J ce Cl)~ > c.!CI' z - s Ft'` ` ,�y i� ` (� = Ln O c , .t. 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SA t 545 VIRGINIA DARE DRIVEVAGE �' GJUS P I N 2426-29-9885 City Property � Feet c:3 2426-29-9885 mIN 0 50 100 200 D.,,.,.,.,,,4 k,0‘A!ic.,,, icr.,,. c,,.,.,.,.+ceA.,,i,.,,e• Diir,s n.1 n7P72/7n7Q Y\rAflfl\Prniarfc\APC Pilac\AO.PKIf1A I\II Mpg\7d9A_90_QAAc/9.49R_7Q_QAAR m , . ........ ..., . .... . . , . ... . . ,.; • . . . , _ • , ..... _ .s • , .fkliltp—......,. 1 '111'7." 4 -----...,.., 1,761,A=if .. . A ..., ._, __ NI__ _...„__ .91.41 --,- —:=.1 . - ,a . , -- --'.. •• , _:, _....,e 't,,--:--0--- -n_ - _... ..,. _..........,- .. ,- VP _.. ___.... _. ... _ ____ , ..7 . _ __ . ..._ _ • , gar - __ ...._ .._ ._. ----_,___ ____, . . ..„..,.. , ,......„ . ._ . _ .., r .4 ,-1111_ • --.-....„ , • . . 1•. . .. • • •• . . . 011ik. (6 . -, I '""---.........1....,.........................., ., . ._. .,_ • ... ........ ....„ . . . _. . . ..........1,-,:•-"4- f...-, , ,i„ j... _,t,, ....._.77. . _.,..... _ ..._ _ _ii..1._ -11.--- - - C ,.., „ ' .- .,, -.4.,ilia ro,-fi# • '• . :•'.,'li:;#'7;,3761;-'-i,',ii•c•fe.i.tr.4. ' • i' j ..,....„ '' --; •••••'•741...,.'.' — •- .. 1,... . 104; ._ ,,„.__,.. -„,...- , *;........: _-_.,,' - •• •-• .—........--,---- -- , ,: - .-__ N, - .- ----- _- --"- ...- .... ....,-, -- ..,. _: - • — • __. .. -,,...->ck '-': . ., , • - --, •.•-•,' '' 7 - \ .•- - . --..=. •-,-, . . . _• •.s \ ,-,:;-' —-- - . - S... - . PICTURES 8-10-22 545 VIRGINIA DARE DR The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia taw. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclose Applicant Name Justin A. I Amy K. Savage Does the applicant have a representative? El Yes 0 No • If yes,list the name of the representative. Calvert Marine-Rich Calvert is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes NO • if yes,list the names of ail officers,directors,members,trustees,etc.below. (Attach a list if necessary) • if yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) I"Parent-subsidiary relationship"means"a relationship that exists when one corporationConfwns lictres of lnterF possessing more than SO percent of the voting power of another corporation.cSee State and Local Government Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship, n ato one"p,that one entity is when on business entity has a controlling ownership in#erest in the other basin or control between the business entities. Factors that controlling owner in the other entity,or(ill)there is shared management person Ca should be considered in determining the existence of an affiliated business entityor relationship elude fundsthat the or assets;the business substantially the same person own or manage the two entitles;there are ecorrunones,resources our or personnel on a regular basis; entities shale the use of the same offices or employees or otherwise entitles." See State and Local Government Conflict of Interests Aci there is otherwise a dose working relationship between Code§2.2-3201. 1 I P tle Known Interest by Public Vidal�►Elm b ee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?0 Yes O • If yam,What is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,ortgage,deeds of trust,cross-coitateralization,etc)or are they considering financing in connection with the subject of the application or any business operating or to be operated on the property? Yes ,!,1 • tf yes, dentify the financial institutions. 2. Does the applicant have a real estate broker/agent/tea/tor for current and anticipated future sales of the subject property? Yes No • If yes,id ntify the real estate broker/realtor. 3. Does the applicant have services for accounting and/or preparation of tax returns provid in connection with the subject of the application or any business operating or to be operated on the property?❑Yes No • if yes,Identify the firm or individual providing the service. 4. Does the applicant have services from an architect/landscape archltect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?0 Yes *No • If yes,identify the firm or individual providing the service. 5. is there any other pending or proposed purchaser of the subject property?0 Yes No • If yes,identify the purchaser and purchaser's service providers. 2IPage - - 6. Does the applicant have 8 construction to be o Qttor in cronnection with the subject of the application or any business operates or Aerated oR the property? ❑Yes No * if yes,Identify the construc tion contract —a± 7. Dues the applicant have an -__-------- -----------__._____ --------—_--- engineer/surveyor/agent In connection with the subject of the a operating or to be operated on the property?5D YeS Q No pRlfcation or any business ` if yes,identify th=e engineer/surveyor/agent. Calvert Marine 8. Is the applicant receiving legal services irkconnection with the subject of the a operated on the property?CIFesp Pl +�tlon or any business operating or to be • if yes,Identify the name of the attor ney or firm providing IEga1 services, Applickot Signature i certify that all of the information contained in this Disclosure Statement Forni is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,tam r information provided herein two weeks prior to the meetingof Plan responsible for updatingthe or any public body or committee in connection with this application. ��Cyr Gounc ,v8p� CBRA,Wet dsBoard Applicant Signs buAnef yvN. .79e. Front Name and'Title Date is the applicant also the owner of the subject property? ICI Yes 0 No • evissfrvot,do not need to fill out the owner disclosure statement, rot tTv USE ONLY/Al'disclosures must tit,..jE7rthtr�d two(2) ricer to my€'ion^int;c rn ic'1ori and City�t�uncit meeting tttat pert:nos to the applications [, I Ara cho as ei soar Rai 1 3 'Pare r--------.1 ,k_:, ;;;.......4, ,,,,:,,,.,,,, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize a Temporary Encroachment into a portion of a City-owned utility easement located at 502 Viking Drive. MEETING DATE: March 21, 2023 • Background: Lynnhaven II, LLC (the "Applicant") requested permission to construct and maintain a 144" x 71" x 16" double faced lighted cabinet identification sign (the "Temporary Encroachment") into a City-owned utility easement on the Applicant's property located at 502 Viking Drive (GPIN: 1497-50-4708). This utility easement is broadly defined and may be necessary for future needs that could include stormwater, fiber, communication, street lighting, or another City requirement. As such this encroachment is necessary to protect the City's interests in such easement while providing one of the permissions required to place the sign in the proposed location. • Considerations: City staff reviewed the Temporary Encroachment and have recommended approval of same, subject to certain conditions outlined in the Agreement. The Temporary Encroachment will be constructed 2 feet from the City right-of-way known as Viking Drive, and, therefore a variance is required for this request. The Encroachment Agreement will not be recorded until BZA approval of the variance is granted. • Public Information: Public notice will be provided via the normal City Council agenda process. • Alternatives: Deny the Temporary Encroachment or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Exhibit, Agreement, Pictures, Location Map, and Disclosure Statement Form. Recommended Action: Approval �y-k-C Submitting Department/Agency: Public Works/Real Estate City Manager: ipfrO 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A 4 TEMPORARY ENCROACHMENT INTO A 5 PORTION OF A CITY-OWNED UTILITY 6 EASEMENT LOCATED AT 502 VIKING 7 DRIVE 8 9 WHEREAS, Lynnhaven II, LLC ("Lynnhaven") has requested permission to 10 construct and maintain a 144" x 71" x 16" double faced lighted cabinet identification sign 11 (the "Temporary "Encroachment") into a City-owned utility easement located on 12 Lynnhaven's property located at 502 Viking Drive (GPIN: 1497-50-4708); 13 14 WHEREAS, the Temporary Encroachment will be located 2'from the right-of- 15 way known as Viking Drive. BZA approval to construct the Temporary Encroachment less 16 than 5' from the right-of-way is required; and 17 18 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 19 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 20 the City's property subject to such terms and conditions as Council may prescribe. 21 22 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 26 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Lynnhaven, its heirs, assigns 27 and successors in title are authorized to construct and maintain the Temporary 28 Encroachment as shown on the map entitled: "EXHIBIT A: SHOWING ENCROACHMENT 29 REQUEST PROPOSED SIGN A 40 SQUARE FOOT SIGN ENCROACHMENT LOCATED 30 ON PARCEL 48 AS SHOWN ON PLAT RECORDED IN MAP BOOK 178 PAGE 5, 31 VIRGINIA BEACH, VA OWNER: LYNNHAVEN II LLC GPIN 14975047080000,"Scale: 1" = 32 100', dated September 16, 2022, and prepared by Alta Survey Pro, a copy of which is 33 attached hereto as Exhibit "A", and on file in the Department of Public Works and to which 34 reference is made for a more particular description; 35 36 BE IT FURTHER ORDAINED, that the Temporary Encroachment is expressly 37 subject to those terms, conditions and criteria contained in the agreement between the City 38 of Virginia Beach and Lynnhaven (the "Agreement"), an unexecuted copy of which has 39 been presented to the Council in its agenda, and will be recorded among the records of the 40 Clerk's Office of the Circuit Court of the City of Virginia Beach; 41 42 BE IT FURTHER ORDAINED, that the City Manager or his authorized 43 designee is hereby authorized to execute the Agreement; 44 45 BE IT FURTHER ORDAINED, that the City Manager or his authorized 46 designee is hereby authorized to execute the Agreement after Lynnhaven has received 47 approval from the BZA to construct the Temporary Encroachment 2' from the right-of- 48 way; and 49 50 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 51 such time as Lynnhaven and the City Manager or his authorized designee execute the 52 Agreement. 53 54 Adopted by the Council of the City of Virginia Beach, Virginia, on the 55 day of , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: UBLIC WORK , REAL ESTATE @-r D A HARIAE S NIOR CITY ATTORNEY CA15589 R-1 Prepared: 01/17/2023 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d025\p040\00860680.doc The City of Virginia Beach is not responsible OWNER:ANDY TOUZOS EXHIBIT A: SHOWING for verification of restrictions required by other PARCEL 48 ENCROACHMENT REQUEST associations or agencies. GPIN:14975047080000 PROPOSED SIGN kk INST#20051118001874630 A 40 SQUARE FOOT SIGN 305.20' ENCROACHMENT LOCATED ON :a.3 •• PARCEL 48 AS SHOWN ON PLAT 2 O N 31 12 42 y� RECORDED IN MAP BOOK 178 PAGE , "This exhibit is a result of field ties to existing 0 5 VIRGINIA VA monuments combined with the compilation of N 0 67 OWNER: A BEACH,VEN II LLC — _ deeds and plats shown hereon and does not • GPIN 14975047080000 constitute a boundary surve 4°7c), `s7' y St?, kk — sFS / NT ; p,L H pp�I�'12O'VEPCO EASEy1E i-ep,7,, - - - _ _ ____ \__ ________ i0 Z i :i John E. Lutz D: p T — Z 13 W 07 D Z 003228 •• 73 m -9 0�ill u) G) Zlig 'V 0 \I %It —I 1) :--,-.,-- 0 /iz r 0 4:, a I � CO � Oo � m PLAT DATE 09/16/2022 �,-, 4" Z 7J L Q v «0 m z SIGN LOCATION i > m W I O0 cp Co r K 71 -P, < r W � ocn m o � m � W , I w co co � Z PRr. ,GNSEO CO0 Z co � O � I ,� O (! 5 0' _- NIt O N O a� Fw`I* �Iw iFor ykkI oo r /I GNT 0 W W o O C7 V I N 1p'1,6„ a ti 28 U)r POSE° < `` I o TES EPyON C eP 0 . S. RO rn Eqs E > \ 30_>'00' a P S\GN 1 7' N (=. m I -P iyjB EVENT sS 52,, A 3 g g.30' � K �I 13�f'G, s '‹<- !y R 4 - 24 I — _ C-�s��0 e , • Rw_RW sc'- 110.3' Z RIGHT OF WAY LINE' RW RIGHT OF WAY '4'? / �'0� ?,23 45`53'0B E rn x SCALE IN FEET LINV� ---/\,..........< //�� B CH_236 8g„ m I 1��PJ�y '� 2�°3° 0 0 0' 50' 100 200' �o'UTILITY 7� ���P F 3 0 EASEMENT g- \.4Pq.�° �� VIKING DRIVE o 1 " = 1 00' -� z M.B. 146 PG. 13�� Q���p� �� (60' R/W� SHEET 1 OF 5 NOTES: �/ 1) THE SOLE PURPOSE OF THIS PLAT IS TO �� DELINEATE THE LIMITES OF THE PROPOSED SIGN SURVEY PRO ENCROACHMENT SHOWN HEREON CLTA2) THIS PLAT IS NOT INTENDED TO BE USED FOR PROFESSIONAL LAND SURVEYING ANY OTHER PURPOSE. 3) THIS PLAT IS NOT A BOUNDARY SURVEY Services 4) THIS PLAT IS NOT BAEED ON A TITLE REPORT 576 N Birdneck Rd PMB 196, Virginia Beach, Va.,23451 5) SIGN IS SCALED UP FOR VISIBILITY 757-386-2207 SCALE IN FEET 0' 50' 100' 200' • 305.20 1 " = 1 00' NEr 2 N 31°12'42 S # "This exhibit is a result of field ties to existing --_- SN monuments combined with the compilation of •• _ deeds and plats shown hereon and does not -- i _const`to a boundary surge i i i �.\NA / / ch is ro(strict r leS. ' C) ea of r a9 MP ' / of VI. vle�Bj 5o�;atl,, �- _ _ 720.1/epC \ Tne cityib�e fotner as _ _ _ O EAS, rreA"fired/ — ���''�P LT H opoo — - i `�ji �� 5' \ ..--- \ OWNER:Lynnhaven II,LLC = ti- o / PARCEL 48 :O 2t \ GPIN:14975047080000 \ INST#20051118001874630 I. John E. Lutz D In 0 �,- \ . 003228 7 '1/A \ 2 , I �' ; Ny� y'A \ iy 04 L iv -O ` o -iO S U R 0 co ,,� S /k C< \ .. °••••••04' 1--, - 1 � � 7� 0 O PLAT DATE 09/16/2022 0 � ' o NICiICIoZ w w o o _C� N 28 cn 0P pS I R3 p�, P SIG/ '- \\ Fc ��.o I EXHIBIT A: SHOWING �0 \ Fss��` \ / -9 ENCROACHMENT REQUEST \ \ s��Fti \ ��! �Z`3 PROPOSED SIGN \ >' ,...so, CB:-.--, CB=S A 40 SQUARE FOOT SIGN \ \ \ �, .\ �, CI ENCROACHMENT LOCATED ON \ \ \ �P�� PARCEL 48 AS SHOWN ON PLAT c���\���y�P0F ��JN C RECORDED IN MAP BOOK 178 PAGE QPGQ�4 , Iva 5 , VIRGINIA BEACH, VA RIGHT OF WAY \ s 0�P ,A OWNER: LYNNHAVEN II LLC LINE VI1 NAG DRIVE -� GPIN 14975047080000 a�(60' R/W) I SHEET 2 OF 5 I NOTES: 1) THE SOLE PURPOSE OF THIS PLAT IS TO LTA SURVEY PRO DELINEATE THE LIMITES OF THE PROPOSED SIGN tn ENCROACHMENT SHOWN HEREON 2) THIS PLAT IS NOT INTENDED TO BE USED FOR PROFESSIONAL LAND SURVEYING ANY OTHER PURPOSE. Services 3) THIS PLAT IS NOT A BOUNDARY SURVEY 576 N Birdneck Rd PMB 196, Virginia Beach, Va., 23451 4) THIS PLAT IS NOT BAEED ON A TITLE REPORT 757-386-2207 The City of Virginia Beach is not responsible EXHIBIT A: SHOWING for verification of restrictions required by other ENCROACHMENT REQUEST associations or agencies. PROPOSED SIGN 4/ A 40 SQUARE FOOT SIGN 0j. r, ENCROACHMENT LOCATED ON 1 `3A' S� 9T PARCEL 48 AS SHOWN ON PLAT • 000�''4 +0 RECORDED IN MAP N A BEACH,178 PAGE �‘ O #3 N 27 3'�0„ OWNER: LYNNHAVEN II LLC G��� 1$1� CENTERLIN 2 42 W GPIN 14975047080000 ,.\N91 E 300 pRAINAG MB 105 E EASEMENT O PG43 00.86.00, St>„ LRA/N4GE • EgsEMEN7 SN•���2 0 _ ••ESN "This •xhibit is a result of field ties to existing \ , _do --____ monu ents combined with the compilation of --- deed.. and plats shown hereon and does not •• -- -- constitute a boundary survey." \N - �GN\- ....-- -A MP _ _____ _ --- \ .-- -- \ _.- 0 0\ Op 0 IL �� L IN ---- \ ,�4 %Aii _ -- \ ire pn, :cu.(GA -- / / \ i0 ?i -- \ .v John E. Lutz >: �f • .- \ • • 003228 • , \ 11. y -94 \ -9v 4° 0.p 1GS C II,c� S U Rv 6%% 2 l' l \ ••••••444 7. OWNER:ANDY TOUZOS 7 T? 00 �c9 I�` DATE 09/16/2022 PARCEL 48 �0 \ . N N GPIN:14975047080000 cs° %O �� ,n INST#20051118001874630 7c9 "Of v, °7 'L(S/ g�G�D� Z 11, SCALE IN FEET7,,q(1 / --/ I °° �r.k 0' 50' 100' 200' 1 = 100' SHEET 3 OF 5 NOTES: 1) THE SOLE PURPOSE OF THIS PLAT IS TO t,DELINEATE THE LIMITES OF THE PROPOSED SIGN LTA SU RVEY PRO ENCROACHMENT SHOWN HEREON 2) THIS PLAT IS NOT INTENDED TO BE USED FOR PROFESSIONAL LAND SURVEYING ANY OTHER PURPOSE. Services 3) THIS PLAT IS NOT A BOUNDARY SURVEY 576 N Birdneck Rd PMB 196, Virginia Beach, Va., 23451 4) THIS PLAT IS NOT BAEED ON A TITLE REPORT 757-386-2207 INSTALLATION DIAGRAM - DOUBLE FACE LIGHTED CABINET SIGN FOOTER - 16"DEEP X 160" LONG X 30"WIDE 3000 PSI CONCRE I t REINFORCED WITH REBAR 4"SQUARE STEEL POLES SET INTO FOOTER- EACH END BRICK OVER BLOCK BASE BUILT UP TO 31.5"TALL X 150.75"WIDE X 24"DEEP SIGN- 144"WIDE X 40" TALL. X 16"DEEP SIGN WELDED TO 4"SQUARE STEEL POLES SIGN IS UL CERTIFIED 144" 16"- 40" 40 71" l 1 I 71 'i i 31„ 31' GROUND LEVEL / GROUND LEVEL r 1� 160"- `I Jl/O/\u I—PLACEMENT OF 4"POLES-140"OUTSIDE TO OUTSIDE--I NOTES: 1) THE SOLE PURPOSE OF THIS DETAIL IS TO SHOW EXTERIOR DIMENSIONS OF THE SIGN OWNER:ANDY TOUZOS 2) FOR ALL OTHER MATTERS THE USER IS PARCEL 48 ENCOURAGED TO CONTACT PERSONS QUALIFIED IN GPIN:14975047080000 THE OTHER PROFESSIONS INST#20051118001874630 444/•*•00,/ PROPOSED SIGN LYNHAVEN II LLC t,11� A LT H 0�L SQUARE A 40 O ENCROACHMENT LOCATED ON 502 VIKING DRIVE `` OT SIGN � /,A�. PARCEL 48 AS SHOWN ON PLAT MB 178 PG 5 1a k, : RECORDED IN MAP BOOK 178 PAGE LOT 48 2� 5 , VIRGINIA BEACH, VA 0 �♦ OWNER: LYNNHAVEN II LLC iO John E. Lutz >: GPIN 14975047080000 SHEET 4 OF 5 • • 003228 • 09/16/2022 , CLTA SURVEY PRO ,••%O s U Rv ook PROFESSIONAL LAND SURVEYING °°N••••44N Services 576 N Birdneck Rd PMB 196, Virginia Beach, Va., 23451 757-386-2207 Gj TENANT PANEL.9"TALLX72"ME(45SO.FT.) COLDWELL BANKER TBWTPAlE.•9"TALL X77'WEE(45SQ FT.) NOW TBdAM PAN L-9"TALL X 72"WEE(45 SQ FT.) l r - 6y -__ 1 1.. rT_. _ dos 41 4 (24"X 195)32,5 SQ. FT. LANDSCAPING PER LONG SIDE OF SIGN -65 SQ FT (27"X 36")6.75 SQ. FT. LANDSCAPING PER END OF SIGN-65 SQ FT. TOTAL SQUARE FEET OF LANDSCAPING AROUND SIGN -78.5 SQ. FT. 41. * >if. V. * A* >lt. * >31. * 41, * * iAr * - * * ** * Al, V. IV 80' Tar AP. * * >iP. 11%r * >.. * * >f. * * * * * * * NOTES: 1) THE SOLE PURPOSE OF THIS DETAIL IS TO SHOW EXTERIOR DIMENSIONS OF THE SIGN OWNER:ANDY TOUZOS 2) FOR ALL OTHER MATTERS THE USER IS PARCEL 48 ENCOURAGED TO CONTACT PERSONS QUALIFIED IN GPIN:14975047080000 THE OTHER PROFESSIONS PROPOSED SIGN INST#20051118001874630 %��14p,LTH00/•• A 40 SQUARE FOOT SIGN LYNHAVEN II LLC `4 /� ENCROACHMENT LOCATED ON 502 VIKING DRIVE ``��� �/Oj. PARCEL 48 AS SHOWN ON PLAT MB 178 PG 5 i RECORDED IN MAP BOOK 178 PAGE �� �'�: 5 VIRGINIA BEACH, VA LOT 48 ZO ---♦ OWNER: LYNNHAVEN II LLC iU John E. Lutz >i GPIN 14975047080000 I SHEET 5 OF 5 Z 003228 IIU 'z09/16/2022 alLT 41 A SURVEY PRO . SURv� ,,` PROFESSIONAL LAND SURVEYING °°N••114*N Services 576 N Birdneck Rd PMB 196, Virginia Beach, Va., 23451 757-386-2207 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) ytoi THIS AGREEMENT, made this day of '<(-1. , 2023) , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and LYNNHAVEN II, LLC, a Virginia limited liability company, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "PARCEL 48" as shown on that certain plat entitled: "PLAT OF PARCELS 48 & 49 BEING SUBDIVISION OF PART OF PROPERTY OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY OCEANA WEST INDUSTRIAL PARK PRINCESS ANNE BOROUGH VIRGINIA BEACH VIRGINIA," Scale 1" = 100', dated December 28, 1983, prepared by Langley & McDonald, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 178, at page 5, and being further designated, known, and described as 502 Viking Drive, Virginia Beach, Virginia 23452 (the "Property"); WHEREAS, it is proposed by the Grantee to construct and maintain a 144" x 71" x 16" double faced lighted cabinet identification sign, "Temporary Encroachment", in the City of Virginia Beach; and GPIN: 1497-50-4708 (502 VIKING DRIVE) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City utility easement located on the Property, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A: SHOWING ENCROACHMENT REQUEST PROPOSED SIGN A 40 SQUARE FOOT SIGN ENCROACHMENT LOCATED ON PARCEL 48 AS SHOWN ON PLAT RECORDED IN MAP BOOK 178 PAGE 5, VIRGINIA BEACH, VA OWNER: LYNNHAVEN II LLC GPIN 14975047080000," Scale: 1" = 100', dated September 16, 2022, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 2 Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. 3 It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00 per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Temporary Encroachment may not exceed: 32 square feet per face; 2 faces; 5.92 feet above the natural grade at the curb. A 75 sq. ft. planting plan must be performed around the proposed Temporary Encroachment. Landscaping materials must be approved by the Landscape Services Division of the Department of Parks and Recreation. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what 4 would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered herein above by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said Lynnhaven II, LLC, a Virginia limited liability company, has caused this Agreement to be executed by its Managing Member, Antonia Cavros, with due authority to bind said limited liability company. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20 , by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20 , by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 LYNNHAVEN II, LLC, a Virginia limited liability company By M_, Aj (SEAL) ntonia Cavros Managing Member STATE OFF '~ CITY/COUNTY OF Air, was acknowledged before me this 2�w�day of The foregoing instrumentg rth-g444 , 20�- by Antonia Cavros, Managing Member of Lynnhaven II, LLC, a Virginia limited liability company. o ary Pub is Notary Registration Number: Ci qD My Commission Expires: /673/PU APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM L,17),_\LL\ FtyBLIC WORKS/REAL ESTATE p-DANA R. - R Y SENIOR am, ATTORNEY 7 The City of Virginia Beach is not responsible OWNER:ANDY TOUZOS EXHIBIT A: SHOWING for verification of restrictions required by other PARCEL 48 associations or agencies. ENCROACHMENT REQUEST GPIN:14975047080000 PROPOSED SIGN kk INST#20051118001874630 A 40 SQUARE FOOT SIGN 305.20' ENCROACHMENT LOCATED ON . .°3 2 0 N 31°12'42" W PARCEL 48 AS SHOWN ON PLAT RECORDED IN MAP BOOK 178 PAGE , - monuments exhibit is a result of field ties to existing .67 5 , VIRGINIA BEACH, VA monuments combined with the compilation of OWNER: LYNNHAVEN II LLC — deeds and plats shown hereon and does not ��° 6 •S�, 0 GPIN 14975047080000 constitute a boundary survey.' 2 - - A2, - III\\/ 01111111••• SF�\ p.LT -r�� � �2O�VPC` EOEA� �ii S IL 0 I )111-r 7 X t A it-p7 GA — — — I\_ ----______ :v John E. Lutz > C.) T7 - Z 73 •• W D • 003228 X •• Z V C7 0 a� -9 �� (,7 Z r--ID "i // n Z 00 > Z z �o -13 PLAT DATE 09/16/2022 c,., z L Q o n SIGN LOCATION N gi gi D m W Z I Uv', 0 c) co r --I o QDD.� mr W � I c� «� � rnm P 05E� o o Z cco ► I V w Z PRO GN o' N 1 ci p N•JI o (I) Z w iFWWAY ■I- o i o o r ;IGNTO w■w won 1VI\ I N 70'vEPC C0 28 III p(-TO 0 Z i I rF.ZEPy�`�C(to 3 PR I O) EAS NE \ O 0�OC' I OS�C'N �' N p m MB E,I�IE�j. `S'' `S2 ■ A 3g NI 737 s .Q' \ kL 49 g.30 _ PG 24 'Q� �, 1 , so O RW SS��i \ RW .p`s� \ /, '(� 3' Z RIGHT OF i�.4 YL/N �v 4.„ �'�e `L 3 '08" E m - �w /GHT OF WAY 'yam / .tea s 4553 7J SCALE IN FEET L/NF //�• • CB` 236.8- „ m P,c- o� ON 27•30'03 C) 0' 50' 100' 200' 10'UTIL/TY � y,/��N��P F D— -' EASEMENT-_� " P��� ° ��, V I K l!�G DRIVE o 1 = 10 0 Z /t�l B. 146 PG. 13� Q��G�p� % �60' R/�/) SHEET 1 OF 5 NOTES: 1) THE SOLE PURPOSE OF THIS PLAT IS TO �� DELINEATE THE LIMITES OF THE PROPOSED SIGN \LT/\ SUR\/E ( PRO ENCROACHMENT SHOWN HEREON t\LTA2) THIS PLAT IS NOT INTENDED TO BE USED FOR PROFESSIONAL LAND SURVEYING ANY OTHER PURPOSE. Services 3) THIS PLAT IS NOT A BOUNDARY SURVEY 576 N Birdneck Rd PMB 196, Virginia Beach, Va., 23451 4) THIS PLAT IS NOT BAEED ON A TITLE REPORT 9 5) SIGN IS SCALED UP FOR VISIBILITY 757-386-2207 SCALE IN FEET kk 0' 50' 100' 200' •♦ 305.20 1 = 1 00• N����2 N 31'12:402fS • '�# 'Thisexhibit is a result of field ties to exisn• SNmonuments combined with the compilatio ♦• deeds and plats shown hereon and does not — �c�stitute a bounds - ♦• ry survey.' O. SCE•� •1.- ------__ /_-___ _ ♦♦ i i ,-- �5 i 0 Ot tl �G`� �N , each'5�07t�or ager' MP ' / °f VI vjer6jG otc a'°�5� ' _ _ _ /20'VEP \ City . le fa r a55 — Cp EAS, The nrisip °the _ _ resP . ed py � 44 4 _ — \ rem- `$cLTHo ��0 �` �� -�-0 \--- --- \ OWNER: Lynnhaven II,LLC = G� PARCEL 48 ♦� �4•P \ GPIN:14975047080000 • i \ INST#20051118001874630 :U John E. Lutz D G) \� •\ • 003228 .0-1 13 ljv \ • • Z � ' \ • / y� G A � � ��0,p S U RN �c<\ \ �,17 S 1% .; 40....444" I—, T �� �0 �o co 0 PLAT DATE 09/16/2022 0 .4. cS° �']' v- '�O ��0_.‘ /, cP /7 •c\ '`' <t- NI* 0° 00 o ,titolii\i9� °� �'S) � • Z h w rn o ` c. (QC)� L1.1 = w0 5. O °/0 t,`1) / ' 0 030 ,-) PR I SIGN s� t�T / � / c'f'Fs\ S2 1 A ��, Q.P � si-- s ,QF \ k �.o 4, 1h ss c-, ! ' EXHIBIT A: SHOWING Fps \ I ENCROACHMENT REQUEST \ ��F \ �'O/"2.3 j PROPOSED SIGN �'>' /o �B=S A 40 SQUARE FOOT SIGN ENCROACHMENT LOCATED ON \ \ \ \ �'`�P�,? C► PARCEL 48 AS SHOWN ON PLAT \ �� D`cy���PpF 'AN C RECORDED IN MAP BOOK 178 PAGE QPG�\ ��C) 5 , VIRGINIA BEACH, VA RIGHT OF WAY \ 0 ,IP ,\ OWNER: LYNNHAVEN II LLC LINE VII IG DRIVE '6_ GPIN 14975047080000 a(60' R/W) I SHEET 2 OF 5 I NOTES: 1) THE SOLE PURPOSE OF THIS PLAT IS TOI DELINEATE THE LIMITES OF THE PROPOSED SIGN \LTASURVEY PROENCROACHMENT SHOWN HEREON 2) THIS PLAT IS NOT INTENDED TO BE USED FOR PROFESSIONAL LAND SURVEYING ANY OTHER PURPOSE. Services 3) THIS PLAT IS NOT A BOUNDARY SURVEY 576 N Birdneck Rd PMB 196, Virginia Beach, Va., 23451 4) THIS PLAT IS NOT BAEED ON A TITLE REPORT 757-386-2207 The City of Virginia Beach is not responsible EXHIBIT A: SHOWING for verification of restrictions required by other ENCROACHMENT REQUEST associations or agencies. PROPOSED SIGN 4/ A 40 SQUARE FOOT SIGN 0j. ENCROACHMENT LOCATED ON 1 `3 � A' S� --1.?, PARCEL 48 AS SHOWN ON PLAT O Q00 '' +0RECORDED IN MAP BOOK 178 PAGE \J` 368,00 5 , VIRGINIA BEACH, VA �N( Q • CENTERLINE 300 N 27.32,42'„ W OWNER: LYNNHAVEN II LLC G\ 1, ENT "\a1 GPIN 14975047080000 /0(9 MRAINAGE EASEMENT O Ms 105 � j PG43 06.8600, 2' kk 3 • ASE4, sN;�/2 O _____ _ ''This ,xhibit is a result of field ties to existing 6' • — — ____\-- -------_ monu ents combined with the compilation of •• — — deed.. and plats shown hereon and does not • constitute a boundary survey." L�N4 — — N — -- — / - - _ - — _ — - - - \,04v.,LTH0goo \ 11//2-1 :tAAt(G=s o 'A • - .. z. _. \ •v John E. Lutz >: • - - • \� \- 003228 •• — A i16 "Y -19', \ I. l Q-- Z 0/0 1L uva����� S U R��-���` C \ :. #0.0+.444w OWNER:ANDY TOUZOS / 0O � �� L9' \ L ,t DATE 09/16/2022 PARCEL 48 ?.&) c217 \O`''-, GPIN:14975047080000 cs0 C� "7 4 INST#20051118001874630 T 0 Oj ��' co CIZ ti SCALE IN FEET 000 �, e,:e00 �r 0 100' 200' 1 = 10 0 I SHEET 3 OF 5 NOTES: 1) THE SOLE PURPOSE OF THIS PLAT IS TO DELINEATE THE LIMITES OF THE PROPOSED SIGN I fk\ LTA SURVEY PRO ENCROACHMENT SHOWN HEREON 2) THIS PLAT IS NOT INTENDED TO BE USED FOR PROFESSIONAL LAND SURVEYING ANY OTHER PURPOSE. Services 3) THIS PLAT IS NOT A BOUNDARY SURVEY 576 N Birdneck Rd PMB 196, Virginia Beach, Va.. 23451 4) THIS PLAT IS NOT BAEED ON A TITLE REPORT 757-386-2207 INSTALLATION DIAGRAM - DOUBLE FACE UGHTED CABINET SIGN FOOTER - 16"DEEP X 160" LONG X 30"WIDE 3000 PSI CONCRETE REINFORCED WfTH REBAR 4"SQUARE STEEL POLES SET INTO FOOTER- EACH END BRICK OVER BLOCK BASE BUILT UP TO 31.5" TALL X 150.75"WIDE X 24"DEEP SIGN - 144"WIDE X 40" TALL X 16"DEEP SIGN WELDED TO 4" SQUARE STFFI POLES SIGN IS UL CERTIFIED 144" h161.1— JO" l 71" 1 1 71" 31" 31" GROUND LEVEL GROUND LEVEL ,1; ,.: ON; ,-: ,•.: 1; �_ 3 - . •116„ 16" •�,, �, r �i �i :�' :�' :�-:ice �. .• v I 160„ PLACEMENT OF 4"POLES-140"OUTSIDE TO OUTSIDE-1 NOTES: 1) THE SOLE PURPOSE OF THIS DETAIL IS TO SHOW EXTERIOR DIMENSIONS OF THE SIGN OWNER:ANDY TOUZOS 2) FOR ALL OTHER MATTERS THE USER IS PARCEL 48 ENCOURAGED TO CONTACT PERSONS QUALIFIED IN -- GPIN:14975047080000 THE OTHER PROFESSIONS INST#20051118001874630 �040444.`` PROPOSED SIGN LYNHAVEN II LLC `�<,,�1ALTH OP 00, ENCROACHA 40 MENT LOCOT SIGN ATED ON 502 VIKING DRIVE �, -2"— PARCEL 48 AS SHOWN ON PLAT MB 178 PG 5 �� : RECORDED IN MAP BOOK 178 PAGE LOT 48 •�S ♦ 5 , VIRGINIA BEACH, VA i0 ?• OWNER: LYNNHAVEN II LLC iU John E. Lutz Di GPIN 14975047080000 ♦ • SHEET 4 OF 5 • 003228 • • � � 09/16/2022 lO<- `� y� do �� LTA SURVEY PRO ,./��� S URv�!1� PROFESSIONAL LAND SURVEYING ••••••4 Services 576 N Birdneck Rd PMB 196, Virginia Beach, Va., 23451 757-386-2207 Git TBJANT PANE•9"TALL X 72"WDE(4.5 SQ.FT.) C O L D W E L L BANKER TENANT PANEL-9"TAU.X T2"ME(4 5 SQ.FT.) N OW TENANT PAID•9"TAU.X 72"WDE(45 SQ.FT) �� i��� . I- _ 1 1 . 1 _ :_'__IL A) _ I_ _-1_=1• .-_-I _i_ I l ) i _I I I i t i_1�_1 1 l L , ] .I '4A 4 rot 4 . 1 41 a4$ m4$ 41 4 41 4 � 4 4 (24" X 195")32.5 SQ. FT. LANDSCAPING PER LONG SIDE OF SIGN-65 SQ. FT. (27" X 36")6.75 SQ. FT. LANDSCAPING PER END OF SIGN-65 SQ. FT. TOTAL SQUARE FEET OF LANDSCAPING AROUND SIGN-78.5 SQ. FT. 41. * v. * * * * * '>� ** 2 8i.. * * •sir - sir 2 * * 22• 2 NOTES: 1) THE SOLE PURPOSE OF THIS DETAIL IS TO SHOW EXTERIOR DIMENSIONS OF THE SIGN OWNER:ANDY TOUZOS 2) FOR ALL OTHER MATTERS THE USER IS PARCEL 48 ENCOURAGED TO CONTACT PERSONS QUALIFIED IN THE OTHER PROFESSIONS GPIN:14975047080000 �f�♦♦�`�� PROPOSED SIGN INST#20051 1 1 8001 874630 �Et,% ALTH OHAVEN II LLC Poof� ENCROACHMENT LOCUARE OATED ON 502T SIGN NVIK NG DRIVE IL �/ �1 PARCEL 48 AS SHOWN ON PLAT MB 178 PG 5 = 0 :c,,,,t(GA RECORDED IN MAP BOOK 178 PAGE vi.‘ ja171Y ® 5 , VIRGINIA BEACH, VA LOT 48 I ♦O ♦ OWNER: LYNNHAVEN II LLC iU John E. Lutz )>i GPIN 14975047080000 ♦ ♦ I SHEET 5 OF 5 003228 I ,e,;'VO �ks,,e- r\LTAY/ PRO 0.• S UR ♦,0 PROFESSIONAL LAND SURVEYING N•••• Services 576 N Birdneck Rd PMB 196, Virginia Beach, Va., 23451 757-386-2207 SIMILAR ENCROACHMENT NEXT DOOR 500 VIKING DRIVE ,,,.., --„...„,... ..,..,,, ,..... • . . . , •.... .•••- ••••• ,,-....... .. .,,,....,,,. „ ,.. _. ,--„, „.... ,- - • ." -- ..I .• -. . +� t( !` _. w '�' - t�•r'..y. • .�.j .r Mar. . • • Y It ,\ Clir • kj , ,. 4$TAL Mn n�� s x..- _ — .— Niii -••••••• -----...-rA• .,... _ .... . ...,_ _.,, _ ..... _ _ J • • 06 ".... •'..wwr.wS. ..i's� Jam' '..•..- I - ' SIMILAR ENCROACHMENT NEXT DOOR 500 VIKING DRIVE = ' ' .e *''':„......... --._ _ , - -;,; •#mow • , "`y• Nab/ y-s -• j' / 'tee a. ,` • �- r d r .` r slid ,,,,,---_,. -.: _,..•- ,••,- t - • 101 , ' 1 411r "ftwalmlutotow.-- " 4 . , I iittsli •,t., il ..- tt r �� }tea , `0 -1, '. 4 x G I OOOT r `S °r ,, 1 i I4,,,,, -,... I .. - y s - t 1 -'a'�+s. O— as eidia 'II kII.iill I)ri‘r . ,. ~ e..a.- al. 'j.',M'. ,��1ti`p . .'eta. �.r �. — - �... it }y;.;iii; 'i ,. SIMILAR ENCROACHMENT NEXT DOOR 500 VIKING DRIVE ,,, _ ..._. am 1 rar 1 a y ., I x '{ '. I)rne 2: _— PHOTOGRAPH OF AREA FOR PROPOSED NEW SIGN 502 VIKING DRIVE a , •• L j -� mow. " v- t 4 u+r+ �.� ; 1 ■ 1 ,1411Pt; 'r Z , -z earn fis vm fly t' r _ gr• — ,_ =P • r f - _ - �,i.. • .. L'. -h� 1, ,�. f, I PHOTOGRAPH OF AREA FOR PROPOSED NEW SIGN 502 VIKING DRIVE • - _- r� - �. ,' `�.r ma.'s' r. . '" -- - '�'„ ♦� ' ^ �[ �''Orr. 4 rr: +...,•ae..Y� - - ''. _, r Via. .._s - '....•v+�rw '♦'.t�'1�!`�` /, , T.- ,- e ..ANEW 1- 'i-! '. `..t.q- _},� - .'; r. 'i ? • 1 j. •4.-'fir i,. l'.1-''', -4.. .i s �;_ 1 - • ► • i •k • 1. ,+i' '•� ,..t Xia � it.1/2. , -. ,,,..6- - r. .. V .,rfi��`fit" - .. r s '-'1';T•° , _4, i s.fi A: ti: A PHOTOGRAPH OF AREA FOR PROPOSED NEW SIGN . .1( , N: i • .... . !.,..,A,*?, 'Ita"‘.-- le 4 • ''' '04 • ;-� "�-4, sal Piwra 1.t. 14 w ', +` 5 0 2 ----miumillillt- — Ind - ' all 1 iprimaiimps"----------_-_-_-_7 i ,- -fie. .0 - .... _ imik_., - . .. ,.?...,_ , . .._____ _ _ ,_. ,,,........._ „..-..- .,-, __ -: __ _ _ .,._.,„,-; .„,;,- , - , ,..„•,_ -„,,-,-A-7-.... ----e- .4 . .. 3 u"T} - `'''' L ' - _ .- - 4 v-ma' ..€"- .,1- 4. Ni . , PCO 11111111111116. .,. 4. , 14 i MENT 1Jj ;! 1: 4 , 1 — .#c• - II, ,..- ., . . , „ ittott„7 t, ;tr ir i., A 4 .. -. . • , III , .. A . cmitl.,gip r , ,,.t ..4" ''':''' '''''' ' 4'-'" 10'0 411" . 4.! ,r2.7,4f,„,'''-.: ,, 14:4441411.,,',:14'7, A ' *41r- s - 201 & 4" , •A ' i,riPP, I ,4" \A., 4 A.,,', 4.' .' ) 1..„c4„ t ,,,, 4t ii A' • ,• oi'tir h 'ti,iclilkic4" iiti. '.‘•:."' VI ri 40000' , 7.. . ..'" . ,.. , ,,.-., .... 1497-50-4708 1,1 CY • I .4. (.. . '..:1:1 . . • # m . , 1.111•10 . V , 10 DOMINION &VERIZON EASE ' •,- -, - , .*. , 10' UTILITY EASE. . • ' . /--' , .... ... , „...--„-- ,,, ,,, k.\.... ' .. '..;. (1 iiiii ( -- \\ LOCATION MAP 1 _ ENCROACHMENT REQUEST , _ ,.• Legend 1 , , ' 4 \ FOR LYNNHAVEN II LLC II ... , City Properties - 502 VIKING DRIVE , 1497-50-4708 . '. -,, '4,'. ... 0 , GPIN 1497-50-4708 IIIIIIII1=Feet i , Easements I 1, 0 A •"!, ro 0 100 200 400 . _ . ,- ,i. DrewsnretA kl•DIA//Cent" /Cr." CI orsme•re .r.‘inese.D.....‘es.•111/10PIr100 V4rs A nr:r).....;,--.4r.%AID,' MI....A A r•ClkIrl A RA A 1730%41 A 417 C A A—filo A...4, 'N N re vrRGrNrq gEgcH e lx54' W I tVi v t„Tr___1( ' OPIPP %YIP i Z 'q . �5 TEE Z L. — 0 2 m , 3 r— z z Z F\} J 1497-50-4708 lL_.__ 10'DOMINION&VERIZON EASE. _� ;\ 10'UTILITY EA VIKING DR 7 ,,, / III ' ��1 ,' ', \ ,\, LOCATION MAP Legend ENCROACHMENT REQUEST FOR LYNNHAVEN II LLC City Properties1111‘111 502 VIKING DRIVE On C3 ,‘ GPIN 1497-50-4708 1497-50-4708 „ 1 . Feet - - - - Easements 11 -� --- c, 0 100 200 400 ^------J,..I_tAiIre.— 'r-- cs..___..c•............In.._,.....n4/47P7n77 V•\f'nnn\D..,;,,,.<<.1nor, MG.,\A rsC Penn RAAM0%4An7 CA A-711 Disclosure Statement City of Virginia Beach Planning & Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board, commission or other body. Applicant Disclosure Applicant Name Lynnhaven II, LLC Does the applicant have a representative? ❑■ Yes ❑ No • If yes, list the name of the representative. George Paulson (Signs of Success) Is the applicant a corporation, partnership,firm,business,trust or an unincorporated business? I Yes E No • If yes, list the names of all officers, directors, members,trustees,etc. below. (Attach a list if necessary) Antonia Cavros Sylvia Touzos • If yes, list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) N/A 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA. Code§ 2.2-3101. 2 "Affiliated business entity relationship" means"a relationship, other than parent-subsidiary relationship,that exists when (i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code §2.2-3101. Revised 11.09.2020 1 I P a g e Disclosure Statement City of Virginia Bench Planning & Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? E Yes ■❑ No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ■❑ Yes ❑ No • If yes, identify the financial institutions providing the service. Wells Fargo Bank (Account Representative:Susan Smallwood) 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ❑■ No • If yes, identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑■ No • If yes, identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes, identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑ Yes 0 No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 I P a g e Disclosure Statement City of Virginia Beach Planning & Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes No • If yes,identify the company and individual providing the service. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes, identify the firm and individual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑■ No • If yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee' connection with this application. 0(11%;itiki 6(-J "--1 Applicant Signature Antonia Cavros, Managing Member Print Name and Title /.9 Date Is the applicant also the owner of the subject property? ■❑ Yes ❑ No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes as of Date Signature Print Name Revised 11.09.2020 3 I P a g e r Ni FF�� 0, 14r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize Temporary Encroachments into a Portion of City Right-of-Way Known as Atlantic Boulevard (Commonly Referred to as the "City Greenbelt"), Adjacent to 415 Atlantic Avenue MEETING DATE: March 21, 2023 • Background: 415 Atlantic, LLC, a Virginia limited liability company (the "Applicant") requested permission to relocate and maintain an existing wood deck (1,125 sq. ft.) with a 13-ft. high trellis and wood planters (the "Encroachments") into a portion of City right- of-way known as Atlantic Boulevard (commonly referred to as the "City Greenbelt"), located at the rear of their property at 415 Atlantic Avenue (GPIN: 2427-32-1913). In accordance with staff comments, the existing Encroachments would be moved back to maintain at least a 2-foot clear zone between the wood planters and the bike path. • Considerations: City staff reviewed the Encroachments and have recommended approval of same, subject to certain conditions outlined in the Agreement. The Encroachments will not be used as a dining area because the Applicant operates an existing connector park café and an existing boardwalk café under Franchise Agreements, which utilize the maximum allowable 800 square feet of dining area in the City right-of-way. However, the Encroachments will be used as a waiting or queuing area for patrons and guests. • Public Information: Public notice will be provided via the normal City Council agenda process. • Alternatives: Approve the Encroachments as presented, deny the Encroachments or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Exhibit, Agreement, Pictures, Location Map, and Disclosure Statement. Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate i0 City Manager: , 110 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE TEMPORARY 4 ENCROACHMENTS INTO A PORTION OF CITY RIGHT- 5 OF-WAY KNOWN AS ATLANTIC BOULEVARD 6 (COMMONLY REFERRED TO AS THE CITY 7 GREENBELT) ADJACENT TO 415 ATLANTIC AVENUE 8 9 WHEREAS, 415 Atlantic, LLC, a Virginia limited liability company (the "Applicant") 10 has requested permission to relocate and maintain an existing wood deck (1,125 sq. ft.) 11 with a 13-ft. high trellis and wood planters (the"Encroachments")within a portion the City's 12 right-of-way known as Atlantic Boulevard (commonly referred to as the "City Greenbelt"), 13 located adjacent to the Applicant's property at 415 Atlantic Avenue (GPIN: 2427-32-1913); 14 and 15 16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 17 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 18 City's property and easements subject to such terms and conditions as Council may 19 prescribe. 20 21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That pursuant to the authority and to the extent thereof contained in §§ 15.2-2009 25 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicant, its heirs, assigns and 26 successors in title are authorized to construct and maintain the Encroachments within a 27 portion of the City's right-of-way, as shown on the map entitled: "WATERMAN'S 28 RESTAURANT 415 ATLANTIC AVENUE GPIN 2427-32-1913, M.B. 1, P. 20 OWNER: 415 29 ATLANTIC, LLC VIRGINIA BEACH EXHIBIT A — ENCROACHMENT REQUEST FOR 30 WOOD DECK, TRELLIS, WOOD PLANTERS - OF 415 ATLANTIC AVENUE", having a 31 Scale of 1" = 30', dated December 1, 2022, and prepared by WPL, a copy of which is 32 attached hereto as Exhibit A, and on file in the Department of Public Works and to which 33 reference is made for a more particular description; 34 35 BE IT FURTHER ORDAINED, that the Encroachments are expressly subject to 36 those terms, conditions and criteria contained in the agreement between the City of Virginia 37 Beach and 415 Atlantic, LLC (the "Agreement"), an unexecuted copy of which has been 38 presented to the Council in its agenda, and will be recorded among the records of the 39 Clerk's Office of the Circuit Court of the City of Virginia Beach; 40 41 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is 42 hereby authorized to execute the Agreement; and 43 44 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 45 time as 415 Atlantic, LLC and the City Manager or his authorized designee execute the 46 Agreement. 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 48 , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: PUBLIC WOR S, REAL ESTATE CITY ATT RNE CA15784 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d023\p042\00860146.doc R-1 Prepared: 3/8/23 (- ATLANTIC B• VARDLP concrete boardwalk Q 6 0' ►�����•� ���•' vault P ❑ P WOOD DECK WITH D �%i�,1� j• ' . o vault Mho Q MH �`►oz.14..._ NTER O 13'HIGH TRELLIS i- S$44*4 asphalt bike pa ' N %���►�A" eri w water 1,r.•��.•y'4 _ I 102.00 CB ce �Sr���* WOOD PLANTER v) flo.+ $`4 r I z V''�'� cr, i�81 util vault 2 cc DI AK vault -' \ 4i. . MH 0 ii I.e6c I= i__,\_ < COVERED b.� 0 LT'4•••&. N 13°5 01"W DINING ;�;�, D. 1 ' inside u.g. elec boxe., O S" on line 4.1. line ���� ' N � 6' wood fence o ' (V to.��',1 0.6' out 0. 1 ' inside i Ni of line 3> •%, 2- tory of line O �jj brick frame CCN %4 S 0.5' out restaurant N 4% of line 5 ��O ��� • li i 3-e/ec 0. `in cz ' on line-, boxes �-� ;, oLP - Z r\ co N W ���, ( 3 ' 0c I o o rn a / E I N brick ;I D. 0 0.2' — o 0 0 tn o0 F.0 %#% out o f 7.>"1.7" . '' 0 � o v � N ([J a Oss line 6' metal_ 'el � 0 o d- N Ico ► , fence � � N %R ® Dl valet o ii.c 0 30 W�ji I booth d- t4,,444 d'' L P P elec trans `. es",4 1; g.t,►..j1 Pi water vatit ,P -�•41. " ♦ I and valve �� •���1'I► '�I�I ina TOTAL t�il oi ENCROACHMENT O ,,10kai� fie sprinkler _ :•;.,�..�Aor scd! - 1, 125 SF ��fri���� -, elec box O�� P/gj�,' vault Si �•� BRAD MA 4iy,k4.00 -:;'•-0-s•'%� 100.00' °vou/ Lic. No. 3,►et:4.`%$%•k j�,.v�►,O•►,ep• _ •MH 2 ,0 12 / O 1 / 0 ♦ i ♦ ♦ . y cy N M'Aoe ,, CB fire hydrant water valve T`� y eol � G� co ATLANTIC AVENUE (80' R/W) �¢`�'� S/0NAL EN map book 1 , pag 20 a WATERMAN'S RESTAURANT 2 I 1111 415 ATLANTIC AVENUE = -- lall 1" = 30' GPIN 2427-32-1 91 3, M.B. 1 , P. 20 prof./ O1 / 2022 manager OWNER: 41 5 ATLANTIC, LLC 1 2 BRAD MARTIN VIRGINIA BEACH prof 222-0240 Landscape Architecture EXHIBIT A - Encroachment Request for sheet no. Land Surveying 757-431-1041 Civil Engineering wplsite.com Wood Deck, Trellis, Wood Planters - EE-O 1 242 MUSTANG TRAIL, SUITE 8 VIRGINIA BEACH, VIRGINIA 23452 of 41 5 Atlantic Avenue 222-0240 Watermans 010.dwg PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this D day of r_ebatol , 20Z3 b , y and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and 415 ATLANTIC, LLC, a Virginia limited liability company, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot 1 & 2, Block 4, as shown on that certain plat entitled: "PARTIAL PLAT PROPERTY OF VIRGINIA BEACH HOLDING CORP. PRINCESS ANNE CO., VA," Scale 1" = 100', dated May 1925, prepared by J.M. Baldwin, C.E., which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 7, at page 95 and being further designated, known, and described as 415 Atlantic Avenue, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to relocate and maintain an existing wood deck (1,125 sq. ft.) with 13' high trellis, and wood planters, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: CITY RIGHT-OF-WAY ATLANTIC BOULEVARD (NO GPIN) 2427-32-1913 (415 ATLANTIC AVENUE) WHEREAS, in relocating and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right-of-way known as Atlantic Boulevard (commonly referred to as the "City Greenbelt"), the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1 .00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of relocating and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be relocated and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "WATERMAN'S RESTAURANT 415 ATLANTIC AVENUE GPIN 2427-32- 1913, M.B. 1, P. 20 OWNER: 415 ATLANTIC, LLC VIRGINIA BEACH EXHIBIT A — ENCROACHMENT REQUEST FOR WOOD DECK, TRELLIS, WOOD PLANTERS - OF 415 ATLANTIC AVENUE", having a Scale of 1" = 30', dated December 1, 2022, and prepared by WPL, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 2 Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Temporary Encroachment will not be used as a dining area because the Grantee operates an existing connector park café and an existing boardwalk café under Franchise Agreements, which utilize the maximum allowable 800 square feet of dining area in the City right-of-way. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 3 It is further expressly understood and agreed that the Grantee must submit and have approved a traffic control plan before commencing work in the Encroachment Area. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division of the Department of Public Works, for final approval. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that prior to issuance of a right-of-way/utility easement Permit, the Grantee must post a bond or other security, in the amount of two times their engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00 per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to 4 the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS VVHEREOF, the said 415 Atlantic, LLC, a Virginia limited liability company, has caused this Agreement to be executed on its behalf by Michael J. Standing, Jr., Member of 415 Atlantic, LLC, a Virginia limited liability company, with due authority to bind said limited liability company. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its 5 behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 6 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20 , by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 7 415 ATLANTIC, LLC, a Virginia limited liability company g --' ..d____�__--��,-- (SEAL) . ) Name: Michael J. Standing, Jr. Title: Frei c en-4 STATE OF j t tni c• CITY/COUN OF-) V it :c; 3pf,r , to-wit: The foregoing instrument was acknowledged before me this 3 day of , 20:: by Michael J. Standing, Jr., Member of 415 Atlantic, LLC, a Virginia limited liability company. (SEAL) Not biic Notary Registration Number: Z ") IDA Tiffany Paige Gay t! NOTARY LI REGISTRATIONPUB#78C47224OF My Commission Expires: 0 , 1 3' Z(l✓ MY OCOMMISSION EXPIRES Oi 31� I2-k; APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM �LIC WO KS/REAL ESTATE CITY A O E 8 F ATLANTIC = . z.e ' reoaF ' al a (gp'a; ��� ��� �� , vaul t° P 11 p lhlf-fJ o� ♦ !,,1 . . o vault WOOD DECK W/TH Zi - MH ♦� ,,4.#':�oe' 'NTER o 13'HIGH TRELLIS �SVS$ �r�4 �,,i asphalt bike pa ' v Li water 10400 •04 102.00' CB 0 &����I I WOOD PLANTER v 1 y • ` t►a. `\_',-k4-- !®•�� util vault M Dl stv vault cats ped " 74,*iMH �. „ - I"I.: ♦j♦44 1110 N1 3'5 l'01"W 0. 1 ' inside \ u. elec boxes VS" on line line ' 9cTrI VVS 6' wood fence c ,�ste`���1 0.6 out 0. 1 ' inside N � N- of line 2— tory of line co brick frame ♦ ♦n 0.5 out � ♦�� restaurant j a V of line• # 15 a Ln cc �j�, ii 3—elec a `►,� 8 on line boxes °j o I-� ��. L P i - co W •, ( 3 ' o c l o ♦I, o c o. � / E °;' N brick • 4•4 o 0.2 — 1. o o o D � io OUt Of, :: ao �,..c C� I� „, '� �... 6' metal I L ," N N (n n. %s% • linei 0 o p N Cl- Ca ♦ . Irr _ : fence �' N • Lo s iss$1 I ® DI valet o o,.c 0 304444 �I boot') iiii 404• S elec trans `•**S��44 e, LP ♦`o``,, I'sv 04,►es, r'i water vacs �PL-T H 40414,��#��0 alli and valve��1 yW1-!�. �, ♦I. TOTAL O ''01', % � i 1 ENCROACHMENT „�,;4�<;� fire sprinkler �� rf •Av•.4 , e/ec boxAL O�/ ;ro sf ',Navy" vault Si i„ BRAD MA'S ,.A.0%,:,=:�.N vy"k Li c. No. 3 ''1.�•`♦�♦�t��+�`►���♦�� �3( 00' p vO ul .MH .012 / 0I / a -•.• ♦ i.--' ��• _ _ ` .4. •, yL4 z I -Po CB fire hydrant water valve ` �Q '� G`� ATLANTIC AVENUE 80' R/W ,e�e S��NAI EN map book 1 , page 20 v <y WATERMAN'S RESTAURANT date 12 /01 / 2022 41 5 ATLANTIC AVENUE scale w-, 0 r 1" = 30' u GPIN 2427-32-1913, M.B. 1 , P. 20 proj. manager OWNER: 415 ATLANTIC, LLC BRAD MARTIN VIRGINIA BEACH proj. no. 222-0240 Landscape Architecture Land Surveying 757-431-1041 EXHIBIT A - Encroachment Request for sheet no. Civil Engineering wplsite.com Wood Deck, Trellis, Wood Planters - EE-O 1 242 MUSTANG TRAIL, SUITE 8 VIRGINIA BEACH, VIRGINIA 23452 of 41 5 Atlantic Avenue 222-0240 Watermans 010.dwg oto V--- .,,,----- N .ice' f \ w+r -------A r S yL NORFOLK AV '1 !"j" % , \ \ QPv \, 'P1/4\-1- \('-r C f C. - - . \ , ---- \ s-T ^ l 1, IllI, \ Legend 4TN ST LOCATION MAP cp 2427-32-1913V ENCROACHMENT REQUEST City Properties------r \\ FOR 415 ATLANTIC LLC GPIN 2427-32-1913 1 i Feet ----1H --------"T I A 0 50 100 200 .� .. - ..�.............. v.Irl Arlr-,,--.--L-\Ar,r1 1-:1__1 A 11r-41r1 A ILA rinln•n-7 nn A"A �L * w • ;' 1 = A. y .'!A--. -6I'Vke,,,,—-.i.ii7, ' , it-..,:,...,,,,, '_..; S .ram 4 r4. �s� ,7�. , W 6a Nc, r t to. AA,LY r ' rt ,: \ '. . ,-,' t. i --,. \ ILO we \ '1\ tgo --- y ..y� '��►1 t `- -✓t• Proposed ',,'''\A% V ,� Ogg _--rn " Encroachment Area (1,125 sq.ft.) � � 1 x. t t . . r , . t* • V 0� ' L r• w' \ ,, ' . 0 '': l't ..., ' , ,,',\. ..... riti.' k ' ' ; r ' :c„,e? \,,, : ' r,,', . . a..., , 1 �t1tt it - - .1111 ll....11111ibi.—' t ,, �' 6110%53' -• _ LOCATION MAP � �� '+ ENCROACHMENT REQUEST Legend !�� FOR 415 ATLANTIC LLC r)1 NM 2427-32-1913 GPIN 2427-32-1913 gii -7„ ,.. 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'�Y+=+ .tom I +`i.�+' 'r'.r,,,,,,f{/h'�,r, '-,', r' i"` A 4:' .I^♦ ,.�`f. .t- h 'C -�. r - `•F _r,' Disclosure Statement NiT3 City of Virginia Beach • Planning & Community` Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board, commission or other body. Applicant Disclosure Applicant Name 415 ATLANTIC LLC Does the applicant have a representative? ® Yes El No • If yes, list the name of the representative. MICHAEL STANDING Is the applicant a corporation,partnership,firm, business,trust or an unincorporated business? S Yes ❑ No • If yes, list the names of all officers, directors, members,trustees, etc. below. (Attach a list if necessary) MICHAEL STANDING,SOLE MEMBER • If yes, list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) FOGGS SEAFOOD COMPANY,CHIX SEASIDE GRILLE LLC ' "Parent-subsidiary relationship" means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA. Code§ 2.2-3101. 2"Affiliated business entity relationship" means"a relationship,other than parent-subsidiary relationship,that exists when (i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Wage Disclosures StatementTr Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes 111 No • if yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collaterallzation,etc)or are they considering finandng in connection with the subject of the application or any business operating or to be operated on the property? Yes It No y • if- ' yes,identify� the financial institutions. ( 140R, Bak 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes No • If yes,identify the real estate broker/realtor. 3. Does the applicant have services for accounting and/or preparation of tax returns provided In connection with the subject of the application or any business operating or to be operated on the property? Yes ❑ No • If yes,identify the firm or Individual providing the service. FORMS 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes No • If yes,identify the firm or individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?0 Yes - No • if yes,identify the purchaser and purchaser's service providers. 2IPage Disclosure Statement NIB City of Virginia Beach Planning & Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the construction contractor. 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the engineer/surveyor/agent. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the name of the attorney or firm providing legal services. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any pu lic body or committee in connection with this application. Applicant Signature f¼ktc &-t c--t-asna't r1 C 1 i`k imbe r— Print Name and Title J 2/03/2023 Date Is the applicant also the owner of the subject property? ® Yes ❑ No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting that pertains to the applications No changes as of Date ■ Signature Print Name 3IPage f0[ 4514,1'411 .: 5, f� S7) ♦y +J, i4s f.r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Returned Local Funding from the Virginia Department of Transportation to Capital Project #100423, "Traffic Safety Improvements IV" MEETING DATE: March 21, 2023 • Background: The Virginia Department of Transportation (VDOT) recently closed the completed Princess Anne Road Phase IV project (Project # 2-305) and notified the City of its intent to return $800,543.46 in overpaid local funds to the City from the project. The Princess Anne Road Phase IV project consisted of the widening of Princess Anne Road from Dam Neck Road to Nimmo Parkway. The project was a legacy VDOT- administered project that included Urban and Federal Formula funding for which the City provided local match funds to VDOT. These programs have since been retired. Construction of the Princess Anne Road Phase IV project was completed in May 2014 and was subsequently closed out in the City's financial system. However, VDOT only recently closed out the project in their system and discovered that the City overpaid in the amount of $800,543.46 to the project. VDOT is now returning the overpayment to the City. • Considerations: Public Works proposes to appropriate the returned funds to Capital Project #100423, "Traffic Safety Improvements IV." This project is active in the City's Capital Improvement Program, and the funding will allow for the continuation of traffic safety improvements and to offset inflationary impacts. • Public Information: Normal Council Agenda process. • Attachments: Ordinance; Capital Project #100423 Detail Sheet Recommended Action: Approval Submitting Department/Agency: Public Works City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 RETURNED LOCAL FUNDING FROM THE VIRGINIA 3 DEPARTMENT OF TRANSPORTATION TO CAPITAL 4 PROJECT #100423, "TRAFFIC SAFETY IMPROVEMENTS 5 IV" 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 $800,543.46 in returned local funding is hereby accepted from the Virginia 11 Department of Transportation and appropriated, with total programmed funds increased 12 accordingly, to Capital Project #100423, "Traffic Safety Improvements IV." Adopted by the Council of the City of Virginia Beach, Virginia on the _ day of , 2023. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ILI1/41,/cyzijUD Budget and Management Services orney's Office CA16118 R-1 March 6, 2023 Fiscal Years FY23 through FY28 Capital Improvement Program Project:PG100423 'Title:Traffic Safety Improvements IV 'Status:Approved Category:Roadways Department:Public Works Project Type Project Location Project Type:New Facility Construction/Expansion 'istrict:Citywide Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY23 FY24 FY25 FY26 FY27 FY28 Future 32,796,716 15,751,947 1,831,662 2,350,928 2,895,218 2,622,192 4,387,253 2,957,51 Description and Scope This project provides for modification of existing roadways by constructing turn lanes and bypass lanes,realignment of existing roadways,installing traffic signals,installing guardrails,installing sidewalks,removing visual obstructions,and funding various other traffic safety improvements.This project also provides for collecting traffic data,assessing required roadway capacity,acquiring needed property and easements,and constructing safety improvements.This annual program includes competitively obtained funding for various projects awarded by the Virginia Department of Transportation (VDOT)through the following grant programs:Transportation Alternatives Program(TAP);Bicycle and Pedestrian Safety Improvement Program(BPSP); Congestion Mitigation and Air Quality(CMAQ);and Highway Safety Improvement Program(HSIP). Purpose and Need There are intersections and road segments where minor modifications can increase traffic capacity and safety.Without this project,minor improvements to upgrade existing traffic safety problems cannot be expedited to meet changing traffic demands.This would delay needed minor improvements to the City's Transportation Infrastructure System. History and Current Status This project first appeared in the FY 2016-17 CIP and continues the activities of"Traffic Safety Improvements III."Beginning with the FY 2012-13 and continuing through FY 2029-30,this project will receive funding from Dominion Power for use of property in the Norfolk Southern Right-of-Way.By the agreement,these funds must be used for transportation purposes. Operating Budget Impact Comments FY23 FY24 FY25 FY26 FY27 FY28 Total Operating Budget Impacts - - - - - - Total FTE - - - - - - Project Map Schedule of Activities Project Activities From-To Amount Design 07/16-06/28 4,971,265 Construction 07/16-06/28 24,511,275 Contingencies 07/16-06/28 3,314,176 Total Budgetary Cost Estimate: 32,796,716 Means of Financing NO MAP REQUIRED Funding Subclass Amount Local Funding 27,033,398 Federal Contribution 4,308,466 State Contribution 473,132 Lease of Property 981,720 Total Funding: 32,792,716 FY 2022-23 to FY 2027-28 81 Capital Improvement Program [ rf""Fif ,' fir"r 1 (ma's Li ti: L off•"tA •J J � ��Ly, J CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate a Reimbursement to the City Garage Internal Service Fund and Transfer Funds Within the City Garage Internal Service Fund MEETING DATE: March 21, 2023 • Background: The City maintains several Internal Service Funds (ISF) which function in a manner similar to a small business. Goods or services are provided to departments, and the ISF bills the departments for costs and overhead. Due to the current inflation and administrative fees from the parts provider, the City Garage ISF requires an additional appropriation and a transfer within existing appropriations for the current fiscal year. On May 1, 2022, the City entered into an agreement with Mancon, LLC to provide onsite automotive parts operations for Public Works/Fleet Management. As part of this agreement, Mancon purchased the City's existing parts inventory at the time of the agreement at prices mutually agreed upon and reimbursed the City within FY 2022-23. The reimbursement is in the amount of $784,142. The City Garage needs an appropriation of this reimbursement to cover the cost of service in the ISF. In addition, pursuant to the agreement, the City is to pay an annual administrative fee to Mancon. Due to the timing of the contract negotiations and the adoption of the FY 2022- 23 budget, the administrative fee was not fully included in the adopted FY 2022-23 budget. Finally, due to current inflation, the City Garage has seen an increase in the cost for parts. As a result, the ISF requires an additional appropriation for the current fiscal year. This request is a combination of accepting and appropriating the reimbursement provided by Mancon and transferring existing appropriations within the ISF in the amount of$756,863. The transferred funds will be redirected from personnel accounts and capital outlay to provide additional funds for parts for the City's fleet. • Considerations: The proposed City Garage ISF FY 2023-24 budget addresses the issues discussed above. This ordinance is necessary to maintain service levels in the current fiscal year. • Public Information: Normal City Council agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Public Works City Manager:kip 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A 2 REIMBURSEMENT TO THE CITY GARAGE INTERNAL 3 SERVICE FUND AND TRANSFER FUNDS WITHIN THE 4 CITY GARAGE INTERNAL SERVICE FUND 5 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1) $784,142 reimbursement from Mancon, LLC is hereby accepted and 10 appropriated, with miscellaneous revenue increased accordingly, to the FY 11 2022-23 Operating Budget of the City Garage Internal Service Fund. 12 13 2) $104,663 is hereby transferred from the personnel accounts to the operating 14 accounts of the FY 2022-23 Operating Budget of the City Garage Internal 15 Service Fund. 16 17 3) $652,200 is hereby transferred from the capital outlay accounts to the operating 18 accounts of the FY 2022-23 Operating Budget of the City Garage Internal 19 Service Fund. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2023. Requires an affirmative vote by a majority of all of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: - erl/1/1 MM.a v ?CAA, Budget and Management ervices ttorney's Office CA16119 R-1 March 7, 2023 L. APPOINTMENTS ACTIVE TRANSPORTATION ADVISORY COMMITTEE AUDIT 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 PERSONNEL BOARD PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE SOCIAL SERVICES ADVISORY BOARD TIDEWATER COMMUNITY COLLEGE BOARD TA/ITA CITIZENS ADVISORY COMMITTEE TIDEWATER COMMUNITY COLLEGE BOARD URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT COALITION M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT *********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ************************* The Agenda(including all backup documents) is available at https://www.vbgov.com/government/departments/city-clerk/city-council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting, please submit your request to TChelius@vbgov.com or call 385-4303. Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually, must follow the two-step process provided below: 1. Register for the WebEx at: https://vbgov.webex.com/vbgov/onstage/g.php?MTID=e793c26c76dceff5e0422b2a607a1 e694 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on March 21, 2023. CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B S E - S DATE:03/07/2023 PAGE: 1 R H H C L. H O R A H I W W U EL EMRUA I O CDNCMMOL Y L O CYLO I OUML S AGENDA HE EMCNS A O O E ITEM# SUBJECT MOTION VOTE I R YBK DENR N N 1. CITY COUNCIL'S BRIEFINGS I A. REAL ESTATE ASSESSOR'S ANNUAL Sue C.Cunningham, REPORT Real Estate Assessor II. CITY MANAGER'S BRIEFINGS A. SHERIFF REQUEST FOR BODY WORN Peter Wallace, CAMERAS Director- Information Technology Kevin Fairley, Information Services Administrator- Information Technology B. COMMUNICATIONS-REQUEST FOR Tiffany Russell, ENHANCED ENGAGEMENT Director- Communications C. FREEBEE RIDE SHARE PROGRAM Kathy Warren, Deputy Director- Economic Development III- CERTIFICATION OF CLOSED SESSION CERTIFIED 10-0 Y Y Y Y Y Y A Y Y Y Y VII A-E G. MINUTES I. INFORMAL and FORMAL SESSIONS APPROVED 8-0 A Y Y A Y Y A Y Y Y Y February 21,2023 B B S S T T A A I I N N E E D D H. MAYOR'S PRESENTATIONS I. RESOLUTION-Virginia Wesleyan University Women's Soccer Team 2. PROCLAMATION-Public Procurement Month CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B S E - S DATE:03/07/2023 PAGE: 2 R H H C L HOR A H T W W U EL EMR U A I O CDNCMMOL Y L 0 C Y L 0 I OUML S T AGENDA HE EMCN S A O O E ITEM# SUBJECT MOTION VOTE I R YBK DENR N N I. PUBLIC HEARING 1. CAFÉ FRANCHISE AGREEMENTS NO SPEAKERS 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 café c. Colonial Inn VB,LLC,ha 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 Café re boardwalk café f. Ocean Fifteen,Inc.,t/a Mediterranean Grill Café re sidewalk café g. Virginia George Co.,Inc.,t/a Dough Boys Cafe re sidewalk café h. Beach Conveniance,LLC,t/a The Sweet Spot Cafe re sidewalk café i. G 21"Street,Inc.,ha Guad's Café re sidewalk café j. La Herradura,t/a La Herradura Café re sidewalk café k. PizzaManiac,Inc.,t/a 204 Pizza Café re sidewalk café 1. Oceanside Investment Associates,LP,t/a Hemingway's Restaurant&Café re boardwalk café m. Young Veterans,LLC,t/a The Bunker Brewpub Café re sidewalk cafe n. 27th F&B,LLC,ha Ocean 27 Cafe re boardwalk café o. 27th Street Hotel,LLC,t/a The H Bar Cafe re boardwalk cafe p. 3107 Atlantic,LLC,t/a North Beach Bar&Grill Café re boardwalk café q. 3501 Atlantic,LLC,t/a Cabanas Café re boardwalk café r. Fogg's Seafood Company,t/a Waterman's Surfside Grille Cafe re boardwalk café s. Mahi Mah's,LLC,t/a Mahi's Café re boardwalk café 2. LEASE OF CITY PROPERTY—Dolphin Run NO SPEAKERS Condominium Association,Inc. Approximately 0.09 acres at 3rd Street and Atlantic Avenue (Terms of Lease Amendment) 3. DECLARATION AND SALE OF EXCESS NO SPEAKERS 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) CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B S E - S DATE:03/07/2023 PAGE: 3 R H H C L II 0 R A H T W W U E L EMR U A I 0 CDNCMMOL Y L O C Y L 0 I OUML S AGENDA HE F MCNS A O O E ITEM# SUBJECT MOTION VOTE I R Y B K DENRNN K.1. Ordinance to APPROPRIATE $75,000 from the ADOPTED,BY 9-1 Y Y N Y Y Y A Y Y Y Y Tourism Investment Program(TIP)Fund Balance to CONSENT 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) K.2. Ordinance to APPROPRIATE $35,000 from the ADOPTED,BY 9-1 Y Y N Y Y Y A Y Y Y Y Tourism Investment Program(TIP)Fund Balance to CONSENT 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) K.3. Ordinance to DECLARE 2,529 square feet of City ADOPTED,BY 10-0 Y Y Y Y Y Y A Y Y Y Y property at 2640 Highland Meadows Way to be in CONSENT EXCESS of the City's needs/AUTHORIZE the City Manager to exchange same to James and Wanda Cooper K.4. Ordinance to AUTHORIZE the City Manager to ADOPTED,BY 10-0 Y Y Y Y Y Y A Y Y Y Y EXECUTE a Lease for City-Owned property for up CONSENT to five (5) years at Virginia Beach Farmers Market, Building 3, Space 14, re Gilly's Creamery,L.L.C. K.5. Resolution to APPROVE the School Board's entry ADOPTED, 10-0 Y Y Y Y Y Y A Y Y Y Y into an Interim Agreement re the design work at ALTERNATIVE Princess Anne High School, B.F. Williams/ VERSION, Bayside 6th, and Bayside High School Deferred REQUESTED BY from September 6, 2022, October 18, 2022 and VICE MAYOR February 21,2023: WILSON AND Version 1 (Requested by the Virginia Beach COUNCIL School Board) MEMBER Version 2(Requested by Vice Mayor Wilson) SCHULMAN K.6. Ordinance to ACCEPT a donation and installation ADOPTED,BY 10-0 Y Y Y Y Y Y A Y Y Y Y of playground equipment with value of$60,337.94 CONSENT from the Pembroke Meadows Civic League re Pembroke Meadows Lake Park K.7. Ordinance to TRANSFER $300,000 of General ADOPTED,BY 10-0 Y YYY Y Y A Y Y Y Y Fund Vacancy Savings to the FY2022-23 Planning CONSENT Department Operating Budget re work associated with the update of the Comprehensive Plan L.1. TONY SAADY&LINA A.SAADY/TONY J& APPROVED/ 10-0 Y Y Y Y Y Y AY Y Y Y LINA AZAR-SAADY,TRUSTEES OF TONY& CONDITIONED, LINA SAADY REVOCABLE LIVING TRUST& BY CONSENT 5020 ATLAS GROUP, LLC for a 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 CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B S E - S DATE:03/07/2023 PAGE: 4 R H H C L H O R A H 1 W W U E L EMR U A I 0 CDNCMMOL Y L O C Y L 0 I OUML S T AGENDA HE EMCN S A O O E ITEM# SUBJECT MOTION VOTE I R YBK DENR N N L.2. RUDOLF DEVELOPMENT GENERAL APPROVED/ 10-0 Y Y Y Y Y Y AY Y Y Y BOOTH, LLC & ATLOW GROUP, INC / MODIFIED/ RUDOLF DEVELOPMENT GENERAL PROFFERED/ BOOTH, LLC (PROPERTY OWNER) for a CONDITIONED, Modification of Proffers to a Conditional Change of BY CONSENT Zoning and CUP 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 L.3. 1900 VIRGINIA BEACH BLVD., LP for a APPROVED/ 10-0 Y Y Y Y Y Y AY Y Y Y Conditional Change of Zoning from A-12 Apartment PROFFERED/ District to Conditional B-2 Community Business CONDITIONED, District and CUP re bulk storage yard at 1900, BY CONSENT 1902, 1904, 1906, and 1912 Virginia Beach Boulevard; 303, 305, 307, 309, 311, 313 and 315 Maxey Drive DISTRICT 6 (formerly District 6 - Beach) L.4. SXCW PROPERTIES II, LLC / VICTOR APPROVED/ 10-0 Y Y Y Y Y Y AY Y Y Y ALPHA ASSOCIATES, LLC for CUPs re car CONDITIONED, wash facility&automobile service station at 5480 BY CONSENT Virginia Beach Boulevard DISTRICT 4(formerly District 2-Kempsville) L.5. VB BTS II,LLC/VIRGINIA ELECTRIC AND APPROVED/ 9-0 Y Y Y Y Y Y AY Y A Y POWER COMPANY d/b/a DOMINION CONDITIONED, B ENERGY VIRGINIA for a CUP re BY CONSENT S communication tower at 568 North Lynnhaven T Road DISTRICT 8(formerly District 5-Lynnhaven) A Deferred from February 7,2023 I N E D 1.6. Ordinance to AMEND CHANGE CZO Section APPROVED, 10-0 Y Y Y Y Y Y AY Y Y Y 2004 re dimensional and other requirements in BY CONSENT the Historic Kempsville Area Overlay District (Sponsored by Council Member Berlucchi) M. APPOINTMENTS RESCHEDULED BYCO N S F N SUS 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 CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B S E - S DATE:03/07/2023 PAGE: 5 R H H C L HOR A H T W W U EL EMR U A I O CDNCMMOL Y L O C Y L 0 I OUML S T AGENDA HE EMCN S A O O E ITEM# SUBJECT MOTION VOTE I R YBK D ENR N N SOCIAL SERVICES ADVISORY BOARD TAIITA CITIZENS ADVISORY COMMITTEE TIDEWATER COMMUNITY COLLEGE BOARD URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT COALITION INDEPENDENT CITIZEN REVIEW BOARD Appointed: 10-0 Y Y Y Y Y Y Y Y Y Y Y Paulette Diaz- Reed Hispanic Member Thomas Lewis African American Member 3 Year Term N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT 6:36 P.M. OPEN DIALOGUE 2 SPEAKERS 6:47 P.M.