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8-8-2023 FORMAL SESSION AGENDA
CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR ROBERT M. "BOBBY"DYER,At Large -ct.1IA•BF4 VICE MAYOR ROSEMARY WILSON—District 5 ♦ ch' MICHAEL F.BERL UCCHI—District 3J al/'l9Ds G� BARBARA M.HENLEY—District 2 N.D. "ROCKY"HOLCOMB—District 1 I JJ AN ROBERT W. "WORTH"REMICK—District 6 DR.AMELIA N.ROSS-HAMMOND—District 4 169 a\ ' y`r ''~/ JENNIFER ROUSE—District 10 JOASHUA F. "JOASH"SCHULMAN—District 9 Q*s Op oo'�� a4 CHRIS TAYLOR—District 8 SABRINA D.WOOTEN—District 7 CITY HALL BUILDING 1 CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER-PATRICKA.DUHANEY VIRGINIA BEACH, VIRGINIA 23456 CITY ATTORNEY-MARK D.STILES CITY COUNCIL AGENDA PHONE:(757)385-4303 CITY ASSESSOR-SUE CUNNINGHAM FAX(757)385-5669 CITY AUDITOR-LYNDON S.REMIAS August 8,2023 EMAIL:CITYCOUNCIL@VBGOV.COM CITY CLERK-AMANDA BARNES MAYOR ROBERT M."BOBBY" DYER PRESIDING I. CITY COUNCIL'S BRIEFINGS -Conference Room- 12:00 PM A. HOUSING AFFORDABILITY STUDY UPDATE Mel Jones, Associate Director Virginia Center for Housing Research at Virginia Tech B. PARKS AND RECREATION BOND REFERENDUM 12:45 PM Michael Kirschman, Director—Parks and Recreation (Requested by Council Members Rouse, Taylor, and Wooten) H. CITY MANAGER'S BRIEFINGS A. PROJECT BEACH UPDATE 1:45 PM Charles Rigney, Interim Director—Economic Development B. PROJECT AUTUMN UPDATE Nancy Helman, Director—Convention and Visitors Bureau 2:15 PM C. PENDING PLANNING ITEMS 2:45 PM Kaitlen Alcock, Planning Administrator III. CITY COUNCIL LIAISON REPORTS 3:15 PM IV. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS V. CITY COUNCIL AGENDA REVIEW 3:45 PM VI. INFORMAL SESSION -Conference Room- 4:00 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION 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 July 11, 2023 July 18,2023 MAYOR'S PRESENTATIONS 1. HOUSE RESOLUTION NO. 307 Commending the City of Virginia Beach—60th Anniversary Delegate Kelly Convirs-Fowler and Delegate Anne Ferrell Tata 2. ZERO WASTE AWARENESS Members of the Clean Community Commission H. PUBLIC HEARINGS 1. Ordinance to ADOPT the 2023 Redistricting Plan and AUTHORIZE Implementation of a Ten Single-Member System of Local Elections 2. Appropriation of $22.5-MILLION in Public Facility Revenue Bonds to Finance Public Infrastructure Improvements re Dam Neck Road-London Bridge Connector Improvements I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTION 1. Ordinance to AUTHORIZE temporary encroachments into a 10' City Maintenance Easement and a 100' City Drainage Easement at 920 Sandoval Drive re maintain a wood fence,concrete driveway, frame shed, concrete pad, pool area, wood dock, and covered fireplace area District 5 2. Ordinance to APPROPRIATE $1.2-MILLION of Fund Balance from the General Fund to Capital Project#100175, "Fire Apparatus IV"re place equipment orders 3. Ordinance to APPROPRIATE $1,164,299 from the Tourism Investment Program (TIP) Fund Balance to the FY 2023-24 Convention and Visitors Bureau Operating Budget re conditional payment to ESM VBSC,LLC 4. Resolution to DESIGNATE Corporation Lane as "Zim Avenue" 5. Ordinance to DONATE 210 crime scene cameras to the Serendipity Wildlife Foundation, a California non-profit organization 6. Ordinance to DONATE four(4) alternate light sources to the Hampton Police Department and Franklin County Sheriff's Office 7. Ordinance to ACCEPT and APPROPRIATE $506,748 from the Virginia Department of Behavioral Health and Development Services (DBHDS)to the FY 2023-24 Human Services re the Permanent Supportive Housing Program 8. Ordinance to ACCEPT and APPROPRIATE $500,000 from the Federal Emergency Management Agency (FEMA) to the FY 2023-24 Fire Depaithient Operating Budget re reimbursement of costs for the deployment of the Virginia Task Force 2 Urban Search and Rescue Team 9. Ordinance to ACCEPT and APPROPRIATE $254,870 from the Virginia Department of Fire Programs to the FY 2023-24 Fire Depaitiiient Operating Budget re support the purchase of personal protective apparel, equipment, training, fire education outreach, and repair work to the City's live fire training building 10. Ordinance to ACCEPT and APPROPRIATE $59,000 Grant Funds from the Virginia Depaitiuent of Emergency Management to the FY 2023-24 Fire Department Operating Budget re purchase rescue equipment, personal protective equipment, and to assist with funding a regional training exercise 11. Ordinance to ACCEPT and APPROPRIATE $36,307.61 of Grant Funds to FY 2023-24 Fire Department Operating Budget and AUTHORIZE $1,815.39 from the General Fund contribution to the FY 2023-24 Fire Department Operating Budget re to purchase 200 smoke alarms designed specifically to assist deaf and hard of hearing residents 12. Ordinance to ACCEPT and APPROPRIATE $33,933 from the Virginia Beach Library Foundation to the FY 2023-24 Public Library Operating Budget re purchase a self-service laptop dispenser for the Meyera E. Oberndorf Central Library 13. Ordinance to ACCEPT and APPROPRIATE $19,523 from the Virginia Department Historic Resources to the FY2023-24 of the Department of Planning and Community Development Operating Budget re research and other activities related to historic places and AUTHORIZE an equal amount for required Grant Match K. APPOINTMENTS ACTIVE TRANSPORTATION ADVISORY COMMITTEE AGRICULTURE ADVISORY COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CHESAPEAKE BAY ALCOHOL SAFETY ACTION PROGRAM CLEAN COMMUNITY COMMISSION COLLECTIVE BARGAINING TASK FORCE COMMUNITY SERVICES BOARD DEVELOPMENT AUTHORITY HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD MINORITY BUSINESS COUNCIL OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORP. VIRGINIA BEACH VA250 COMMITTEE WETLANDS BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT *********************** OPEN DIALOGUE Non-Agenda Items Each Speaker will be allowed 3 minutes ********************************** 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(a,vbl;ov.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: httos:l/vbaov.webex.com/weblink/register/r87350352f570047c7272e71 c3e777dc4 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on August 8, 2023. I. CITY COUNCIL'S BRIEFINGS - Conference Room- 12:00 PM A. HOUSING AFFORDABILITY STUDY UPDATE Mel Jones,Associate Director Virginia Center for Housing Research at Virginia Tech B. PARKS AND RECREATION BOND REFERENDUM 12:45 PM Michael Kirschman, Director—Parks and Recreation (Requested by Council Members Rouse, Taylor, and Wooten) II. CITY MANAGER'S BRIEFINGS A. PROJECT BEACH UPDATE 1:45 PM Charles Rigney, Interim Director—Economic Development B. PROJECT AUTUMN UPDATE Nancy Helman, Director—Convention and Visitors Bureau 2:15 PM C. PENDING PLANNING ITEMS 2:45 PM Kaitlen Alcock, Planning Administrator III. CITY COUNCIL LIAISON REPORTS 3:15 PM IV. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS V. CITY COUNCIL AGENDA REVIEW 3:45 PM VI. INFORMAL SESSION - Conference Room- 4:00 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby"Dyer B. INVOCATION 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 July 11, 2023 July 18, 2023 MAYOR'S PRESENTATIONS 1. HOUSE RESOLUTION NO. 307 Commending the City of Virginia Beach—60th Anniversary Delegate Kelly Convirs-Fowler and Delegate Anne Ferrell Tata 2. ZERO WASTE AWARENESS Members of the Clean Community Commission 2023 SESSION ENROLLED HOUSE RESOLUTION NO.307 Commending the City of Virginia Beach. 11 Agreed to bythe House of Delegates,February20,2023 �' g � WHEREAS, the City of Virginia Beach, the most populous city in the Commonwealth and a vibrant O tourism destination, is a hub for culture, education, business, and national defense; and WHEREAS, situated where the southern mouth of the Chesapeake Bay meets the Atlantic Ocean, ti Virginia Beach traces its deepest roots to the earliest days of the nation, with Cape Henry serving as the ti initial landing site in the New World for the Jamestown settlers; and WHEREAS, from Colonial America through the founding of the United States to the Reconstruction Era, the area around what is now Virginia Beach remained largely rural, but with the arrival of the railroad in 1883, a resort community began to develop near the coast in Princess Anne County, and ti Virginia Beach was incorporated as a town in 1906; and WHEREAS, Virginia Beach continued to grow and became a well-known seasonal vacation destination for families throughout the Commonwealth and the eastern United States; and WHEREAS, Virginia Beach was incorporated as an independent city in 1952, but maintained strong ties with the surrounding Princess Anne County, and in 1963, residents of both localities passed a referendum to merge; and WHEREAS, at the time, Virginia Beach was only about two square miles in area, and with the addition of the 253 square miles that represented Princess Anne County, the new city was divided into w seven boroughs, then known as Bayside, Blackwater, Kempsville, Lynnhaven, Princess Anne, Pungo, 2 and Virginia Beach; and rn WHEREAS, tourism accounts for a significant share of Virginia Beach's vibrant economy, with millions of annual visitors accounting for billions of dollars in spending, which supports thousands of local jobs; Virginia Beach is listed in the Guinness World Records as the longest pleasure beach in the world, with 38 miles of coastline dedicated to outdoor recreation and family-friendly activities; and WHEREAS, Virginia Beach also maintains a significant agribusiness sector and is home to a variety of industries, advanced manufacturers, and national and global corporations, as well as several United States military installations, including Naval Air Station Oceana; and WHEREAS, Virginia Beach is home to Regent University and Virginia Wesleyan University, and offers numerous opportunities for educational and cultural enrichment through the Virginia Museum of Contemporary Art, the Virginia Aquarium and Marine Science Center, and the Military Aviation Museum, among other shows and venues; and WHEREAS, Virginia Beach has preserved the history and heritage of the Commonwealth and the United States as the location of 18 sites on the National Register of Historic Places, including one of the oldest surviving colonial homes in Virginia, the Adam Thoroughgood House, and the Cape Henry Lighthouses; and WHEREAS, Virginia Beach supports conservation of the Commonwealth's valuable natural resources; within city limits, there are more than 210 city parks, two state parks, and the Back Bay National Wildlife Refuge; and WHEREAS, to commemorate the 60th anniversary of the creation of the modern incarnation of Virginia Beach, Mayor Bobby Dyer launched the Helping Our People Excel (H.O.P.E.) Initiative to recognize individuals, civic organizations, and religious groups that have enhanced community life in the city through their generosity and commitment to service; and WHEREAS, Virginia Beach has reimagined the city's branding and developed a commemorative 60th anniversary logo and media toolkit for local businesses and organizations; city agencies also have a wide range of special events and activities to celebrate the landmark year; now, therefore, be it RESOLVED by the House of Delegates, That the City of Virginia Beach hereby be commended on the occasion of the 60th anniversary of the city's merger with the former Princess Anne County; and, be it RESOLVED FURTHER, That the Clerk of the House of Delegates prepare a copy of this resolution for presentation to representatives of the Virginia Beach community as an expression of the House of Delegates' admiration for the incredible contributions by the City of Virginia Beach to the heritage, culture, and economic vitality of the Commonwealth. 9 dt-1 r} y.� L.A. "rt! .-. l rO a3,1l� y RESOLUTION WHEREAS:The first full week of September is recognized internationally as Zero Waste Awareness week;and WHEREAS:The definition of zero waste is "producing little or no waste";and WHEREAS:The City of Virginia Beach wants to encourage citizens to waste less by reducing,reusing,recycling and repurposing;and WHEREAS: The City of Virginia Beach recognizes that it is the innovation of its citizens that lead to thoughtful solutions regarding zero waste;and WHEREAS: The City of Virginia Beach realizes that zero waste will benefit the environment and land in our City; and WHEREAS: The City of Virginia Beach acknowledges that zero waste will save the citizens of Virginia Beach financially;and WHEREAS: The City of Virginia Beach challenges all businesses in its community to engage its employees and citizens to be more mindful regarding ways to decrease waste;and WHEREAS:The City of Virginia Beach encourages all city departments to participate during Zero Waste Awareness Week by educating its citizens on ways to reduce waste;and NOW, THEREFORE, BE IT RESOLVED: That the City of Virginia Beach will designate the first full week of September as Zero Waste Awareness week where it invites all citizens to engage in education and action toward a zero waste society. Adopted by the Council of the City of Virginia Beach, Virginia the 84'day of August 2023 and present this Resolution duly signed by each Member of the Virginia Beach City Council. /.... - i fr`�� 11-+ ' cci' 1/ Council iM.ember Michael F.Berlucchi Council Member Bar. a l.Henley coundl Member ND. 'Rocky"Holcomb '41k. R4e.0.44......... ,�CouncilMeRobert W. "Worth"Remick Council Member Amelia N.Ross-Hammond cil ember Jennifer Rouse L el---:--- Z LiD• ifjp,2 ---- - Counc Member Joashua . "Joash"Schulman Council Memlt r Chris Taylor ouncil Member Sabrina D.Wooten �ce Mayor Rose ar i son Mayor Robei AI. "Bobby"Dyer H. PUBLIC HEARINGS 1. Ordinance to ADOPT the 2023 Redistricting Plan and AUTHORIZE Implementation of a Ten Single-Member System of Local Elections 2. Appropriation of $22.5-MILLION in Public Facility Revenue Bonds to Finance Public Infrastructure Improvements re Dam Neck Road-London Bridge Connector Improvements qHU»,yy�t� TS •s��s aa•.�^.a•,s��J PUBLIC HEARING ORDINANCE TO ADOPT THE 2023 REDISTRICTING PLAN AND TO AUTHORIZE IMPLEMENTATION OF A TEN SINGLE- MEMBER SYSTEM OF LOCAL ELECTIONS The City Council of Virginia Beach,Virginia at its formal session on August 8,2023 will conduct a public hearing upon an ordinance to adopt the 2023 Redistricting Plan and to implement a ten single-member system of local elections. The mayor will continue to be elected at-large. The formal session begins at 6:00pm and will be held in the City Council Chamber on the second floor of City Hall, 2401 Courthouse Drive. As proposed,the 2023 Redistricting Plan will use the same maps and schedule as was used in the 2022 November Election for the regularly scheduled elections in 2024 and every two years thereafter. A copy of the aforesaid ordinance may be inspected in the Office of the City Clerk,which is located in City Hall, with a duplicate copy in the Voter Registrar's Office, which is located at 2449 Princess Anne Road,Municipal Center,Building 14,Virginia Beach,Virginia,23456. 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: TDD only 711(TDD-Telephonic Device for the Deaf). 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: https://vbgov.webex.com/weblink/register/r873 50352f570047c7272e71c3e777dc4 2. Register with the City Clerk's Office by calling 757- 385-4303 prior to 5:00 p.m.on August 8,2023. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk Beacon July 23 and July 30,2023. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Adopt the 2023 Redistricting Plan and to Authorize Implementation of a Ten Single-Member District System of Local Elections PUBLIC HEARING DATE: August 8, 2023 MEETING DATE: August 15, 2023 • Background: The Virginia Constitution and Virginia Code include requirements for the reapportionment of election districts following each decennial census. The Virginia Code further provides that members of local governing bodies in office on the effective date of a decennial redistricting measure shall complete their terms of office. The City Charter also includes a requirement to redraw election districts to equalize the populations of the districts. The November 2022 Election was held using a 10-1 system. The 10-1 system was initially imposed by court order, and candidates had already qualified for the ballot when the court order was vacated. In early 2023, the City Council undertook a public input initiative that included public hearings in each of the ten districts and two virtual hearings. The City Council also requested that the University of Virginia's Weldon Cooper Center for Public Service conduct a survey of public opinion in the City, and the Center's statistically validated survey showed 81% support for a 10-1 system with a 4.3% margin of error. Having received the input of the residents, the City Council desires to adopt a redistricting ordinance, and such ordinance sets forth ten single-member election districts. • Considerations: The attached ordinance adopts the same maps that were used in the November 2022 Election. These maps divide the City into ten districts of roughly equal populations. The ordinance has ten maps attached to provide the geographical boundaries, and a list of the precincts for each of the ten districts is also attached. If adopted, the Voter Registrar and the City Attorney are directed to seek preclearance from the Virginia Attorney General. The ten district maps were previously precleared by the Office of the Attorney General in January 2022. In addition to the maps, the ordinance provides a schedule for the election of successors to the current members. The ordinance acknowledges the implementation of ten districts and the schedule of elections is not consistent with the current text of the City Charter. The Virginia Constitution (Article VII, Section 5) and the Virginia Code (§ 24.2-304.1(B)) support the ability of a local governing body to add districts in the body's discretion to give representation on the basis of population. Moreover, a different section of the Virginia Code (§ 24.2-311(E)) has superseding language that allows the decennial redistricting 2023 Redistricting Ordinance Page 2 of 2 ordinance to override the charter. However, the City's Legislative Agenda will most likely include either a charter change or general law request to address the inconsistency between the redistricting ordinance and the current text of the City Charter. If adopted the redistricting plan will impact the School Board. The City Charter requires the members of the School Board to be elected in the same manner and according to the same schedule that members of the City Council are elected. The ordinance directs the City Clerk to provide a certified copy of the ordinance and maps to various local and state agencies. To the extent needed, the assistance of the Geographic Information Systems staff is authorized. • Public Information: Public information will be provided through the normal Council agenda process. Two notices where published in the Beacon on Sunday, July 23, 2023, and Sunday, July 30, 2023. The public hearing will be held on August 8, 2023 at the City Council's Formal Session. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance; 10 District Maps; 10 Precinct Lists Recommended Action: Approval Submitting Department/Agency: Office of the City Attorney City Manager: AP 1 AN ORDINANCE TO ADOPT THE 2023 2 REDISTRICTING PLAN AND TO AUTHORIZE 3 IMPLEMENTATION OF A TEN SINGLE-MEMBER 4 DISTRICT SYSTEM OF LOCAL ELECTIONS 5 6 WHEREAS, Code of Virginia §24.2-304.1 provides that localities must reapportion 7 local election districts after each decennial census; 8 9 WHEREAS, Code of Virginia § 24.2-311(B) provides that members of local 10 governing bodies in office on the effective date of a decennial redistricting measure shall 11 complete their terms of office; 12 13 WHEREAS, Section 3.01 of the Charter of the City of Virginia Beach requires 14 adjustment of district boundaries "as may be necessary to ensure that the populations of 15 the districts remain approximately equal"; 16 17 WHEREAS, Section 3.02:2 of the Charter of the City of Virginia Beach requires the 18 mayor be elected at large; 19 20 WHEREAS, the City Council undertook a public input initiative that included duly 21 noticed, public hearings in each of the ten districts and two virtual hearings; 22 23 WHEREAS, as part of its public input initiative, City Council engaged the Weldon 24 Cooper Center for Public Service, a center at the University of Virginia, to survey public 25 opinion in the City, and the Center has produced a statistically validated survey that 26 showed 81% support for a 10-1 system with a 4.3% margin of error; 27 28 WHEREAS, the U.S. District Court for the Eastern District of Virginia previously 29 ruled that the City's 7-4 election system as set forth in Section 3.01 of the Charter of the 30 City of Virginia Beach does not comply with Section 2 of the Voting Rights Act, 52 U.S.C. 31 § 10301, such ruling was vacated on appeal by the Fourth Circuit U.S. Court of Appeals, 32 but said case was remanded to the U.S. District Court for further proceedings; 33 34 WHEREAS, the U.S. District Court for the Eastern District of Virginia previously 35 ruled that a specific 10-1 system with three (3) Minority Opportunity Districts does comply 36 with Section 2 of the Voting Rights Act, 52 U.S.C. § 10301, although such ruling was 37 vacated on appeal by the Fourth Circuit U.S. Court of Appeals; 38 39 WHEREAS, on January 14, 2022, the City obtained pre-clearance of the specific 40 10-1 plan approved by the U.S. District Court from the Virginia Attorney General under 41 the Virginia Voting Rights Act, and that 10-1 plan was utilized in the November 2022 42 elections; 43 44 WHEREAS, the City Council desires to adopt a redistricting ordinance, and such 45 ordinance sets forth ten single-member election districts utilizing the plan and districts 46 previously pre-cleared by the Virginia Attorney General, approved by the U.S. District 47 Court, and used to conduct the November 2022 elections; 48 49 WHEREAS, Section 16.04 of the Charter of the City of Virginia Beach requires the 50 members of the School Board to be elected in the same manner and according to the 51 same schedule that members of the City Council are elected; and 52 53 WHEREAS, the City Council recognizes the current text of the City Charter 54 presently authorizes seven residency districts (which were converted to single-member 55 districts by operation of Virginia Code § 15.2-1400(F)) and four at-large districts, but the 56 City Council deems it appropriate to increase the number of single-member districts from 57 seven to ten in order to give, as nearly as is practicable, representation on the basis of 58 population and for other good cause shown; 59 60 WHEREAS, the City Council intends to rely upon Article VII, § 5 of the Virginia 61 Constitution ("When members are so elected by district, the governing body of any 62 county, city, or town may, in a manner provided by law, increase or decrease the number 63 and change the boundaries, of districts..."), Virginia Code § 24.2-304.1(B) ("In 1971 and 64 every 10 years thereafter, the governing body of each such locality shall reapportion the 65 representation among the districts or wards, including, if the governing body deems it 66 appropriate, increasing or diminishing the number of such districts or wards, in order to 67 give, as nearly as is practicable, representation on the basis of population."), and Virginia 68 Code § 24.2-311(E) ("In the event of a conflict between the provisions of a decennial 69 redistricting measure and the provisions of the charter of any locality, the provisions of 70 the redistricting measure shall be deemed to override the charter provisions to the extent 71 required to give effect to the redistricting plan."); 72 73 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 74 VIRGINIA BEACH, VIRGINIA: 75 76 1. That pursuant to Code of Virginia § 24.2-304.1 and City Charter§ 3.01, the 77 City Council hereby adopts the ten single-member district redistricting plan attached 78 hereto in the form of ten district maps providing the boundaries of each of the ten districts. 79 These ten maps are hereby incorporated by reference. A copy of each map has been 80 filed with the City Clerk's office. The boundaries shown on each map align with certain 81 precinct boundaries, and a list of precincts for each of the ten single-member districts is 82 provided in the attached precinct list for each of the ten districts. These lists of precincts 83 are hereby incorporated by reference. 84 85 2. That to implement this decennial redistricting measure, the City Council 86 hereby provides for the election of a member from the districts according to the following 87 schedule, which allows the election of successors to current members of the City Council 88 to occur at the general election next preceding the expiration of the terms of office of the 89 incumbent members: 90 District 1 — November 2024; 91 District 2 — November 2026; 92 District 3 — November 2024; 93 District 4 — November 2026; 94 District 5 — November 2024; 95 District 6 — November 2026; 96 District 7 — November 2024; 97 District 8 — November 2026; 98 District 9 — November 2026; and 99 District 10 — November 2026. 100 101 3. The Voter Registrar and the City Attorney are hereby directed to seek a 102 certification of no objection from the Office of the Attorney General using the preclearance 103 procedure provided by Virginia Code § 24.2-129(D) for the precinct change authorized 104 herein. The precinct change shall not be administered unless and until the Attorney 105 General has provided such certification or if 60 days lapses without the Attorney General 106 interposing an objection. 107 108 4. A copy of this ordinance shall be recorded in the official minutes of the City 109 Council. The City Clerk shall send a certified copy of this ordinance and the attachments 110 thereto to the local electoral board, the Secretary of the Commonwealth, the Virginia 111 Department of Elections, and the Division of Legislative Services. The City's Geographic 112 Information Systems staff shall provide supporting information as needed. Adopted by the City Council of the City of Virginia Beach, Virginia on the day of , 2023. APPROVED AS TO LEGAL SUFFICIENCY: orney's ffice CA16200 R-4 July 25, 2023 ,....... ..t, City of Virginia Beach 1 City Council' District, .., '',,,c. City of'Virginia Beach Center for gis e., sof. ith 110, July 2023 0 -1' ih,4%. 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T G ..w i3, - RIDOT• °CK DR - PE R �C LN ... e K LOOPIRI LN ���'Po_ INCN y¢ :.ac- CITY OF VIRGINIA BEACH PRECINCT LIST- DISTRICT 1 PRECINCT PRECINCT SENATE HOUSE LOCAL POLLING NUMBER NAME DISTRICT DISTRICT DISTRICT LOCATION 0022 Precinct 22 22 95 1 Point 0' View Elementary School 5400 Parliament Drive 23462 PHONE: 648-3440 0023 Precinct 23 22 95 1 Arrowhead Elementary School 5549 Susquehanna Drive 23462 PHONE: 648-2040 0025 Precinct 25 22 95 1 Fairfield Elementary School 5428 Providence Rd. 23464 PHONE: 648-2480 0026 Precinct 26 22 97 1 Kempsville Presbyterian Church 805 Kempsville Road 23464 PHONE: 495-1913 0051 Precinct 51 22 97 1 Kempsville Area Library 832 Kempsville Road 23464 PHONE: 385-0150 0052 Precinct 52 22 97 1 Providence Presbyterian Church 5497 Providence Road 23464 PHONE: 420-6159 0057 Precinct 57 22 95 1 Saint Matthew Catholic Church 3314 Sandra Lane 23464 PHONE: 420-6310 0068 Precinct 68 22 97 1 Providence Elementary School 4968 Providence Road 23464 PHONE: 648-3520 0078 Precinct 78 22 96 1 Indian Lakes Elementary School 1240 Homestead Drive 23464 PHONE: 648-2680 0089 Precinct 89 22 96 1 New Covenant Presbyterian Church 1552 Kempsville Road 23464 PHONE: 467-5945 Precinct information subject to change April 17,2023 Page 1 of 2 Voter Registration &Elections CITY OF VIRGINIA BEACH PRECINCT LIST- DISTRICT 1 PRECINCT PRECINCT SENATE HOUSE LOCAL POLLING NUMBER NAME DISTRICT DISTRICT DISTRICT LOCATION 0091 Precinct 91 22 97 1 Larkspur Middle School 4696 Princess Anne Road 23462 PHONE: 648-4800 Precinct information subject to change April 17,2023 Page 2 of 2 llry Gl'intini4 Hich Voter Registration &Elections CITY OF VIRGINIA BEACH PRECINCT LIST- DISTRICT 2 PRECINCT PRECINCT SENATE HOUSE LOCAL POLLING NUMBER NAME DISTRICT DISTRICT DISTRICT LOCATION 0031 Precinct 31 19 98 2 Red Mill Elementary School 1860 Sandbridge Road 23456 PHONE: 648-3560 0032 Precinct 32 19 98 2 Oak Grove Baptist Church 691 Princess Anne Road 23457 PHONE: 426-2782 0033 Precinct 33 19 98 2 Back Bay Christian Assembly 1212 Princess Anne Road 23457 PHONE: 426-7943 0034 Precinct 34 19 98 2 Blackwater Fire Station 6009 Blackwater Road 23457 PHONE: 385-7513 0035 Precinct 35 19 98 2 Kellam High School 2665 West Neck Road 23456 PHONE: 648-5100 0054 Precinct 54 19 98 2 Landstown High School. 2001 Concert Drive 23456 PHONE: 648-5500 0058 Precinct 58 22 96 2 Glenwood Elementary School 2213 Round Hill Drive 23464 PHONE: 648-2520 0060 Precinct 60 19 98 2 WAVE Church 2655 Seaboard Road 23456 PHONE: 481-5005 0062 Precinct 62 19 98 2 Restoration Church at Landstown 3220 Monet Drive 23453 PHONE: 301-2906 0082 Precinct 82 19 98 2 Christopher Farms Elementary School 2828 Pleasant Acres Drive 23453 PHONE: 648-2240 Precinct information subject to change April 17,2023 SFr„��,� Page 1 of 2 ma Voter Registration &Elections CITY OF VIRGINIA BEACH PRECINCT LIST- DISTRICT 2 PRECINCT PRECINCT SENATE HOUSE LOCAL POLLING NUMBER NAME DISTRICT DISTRICT DISTRICT LOCATION 0087 Precinct 87 19 98 2 New Castle Elementary School 4136 Dam Neck Road 23456 PHONE: 648-3080 0088 Precinct 88 19 98 2 Hope Haven 3000 North Landing Road 23456 PHONE: 427-1500 0100 Precinct 100 19 98 2 Tabernacle United Methodist Church 1265 Sandbridge Rd. 23456 PHONE: 426-2396 Precinct information subject to change April 17,2023 . Page 2 of 2 Voter Registration &Elections CITY OF VIRGINIA BEACH PRECINCT LIST- DISTRICT 3 PRECINCT PRECINCT SENATE HOUSE LOCAL POLLING NUMBER NAME DISTRICT DISTRICT DISTRICT LOCATION 0012 Precinct 12 20 97 3 Lynnhaven Elementary School 210 Dillon Drive 23452 PHONE: 648-3000 0013 Precinct 13 22 97 3 Windsor Woods Elementary School 233 Presidential Boulevard 23452 PHONE: 648-4160 0024 Precinct 24 22 97 3 St. Andrew's United Methodist Church 717 Tucson Road 23462 PHONE: 467-1047 0027 Precinct 27 22 97 3 Kempsville Middle School 860 Churchill Drive 23464 PHONE: 648-4700 0036 Precinct 36 22 97 3 Red Church Steeple 245 S. Rosemont Rd 23452 PHONE: 228-1502 0053 Precinct 53 22 97 3 Kempsville Elementary School 570 Kempsville Road 23464 PHONE: 648-2720 0055 Precinct 55 19 97 3 Virginia Beach Moose Family Center 3133 Shipps Cosner Road 23453 PHONE: 468-4124 0077 Precinct 77 20 97 3 Plaza Annex 641 Carriage Hill Rd 23452 PHONE: 263-2403 0079 Precinct 79 22 95 3 Emmanuel Episcopal Church 5181 Singleton Way 23462 PHONE: 499-1271 0094 Precinct 94 20 97 3 Plaza Middle School 3080 S. Lynnhaven Road 23452 PHONE: 648-4900 Precinct information subject to change April 17,2023 ter„�tiim,,on,.a Page 1 of 1 Voter Registration &Elections CITY OF VIRGINIA BEACH PRECINCT LIST- DISTRICT 4 PRECINCT PRECINCT SENATE HOUSE LOCAL POLLING NUMBER NAME DISTRICT DISTRICT DISTRICT. LOCATION 0016 Precinct 16 22 95 4 Bayside Sixth Grade Campus 4722 Jericho Road 23462 PHONE: 648-4440 0021 Precinct 21 22 95 4 Bettie F. Williams Elementary School 892 Newtown Road 23462 PHONE: 648-4080 0040 Precinct 40 22 95 4 Union Baptist Church 4608 South Blvd 23452 PHONE: 497-0287 0061 Precinct 61 22 95 4 Ebenezer Baptist:Church 965 Baker Road 23455 PHONE: 490-9690 0069 Precinct 69 20/22 95/100 4 Unity Church of Tidewater 5580 Shell Road 23455 PHONE: 464-0772 0076 Precinct 76 20 97 4 Thalia Lynn Baptist Church 4392 Virginia Beach Boulevard 23462 PHONE: 499-0557 0093 Precinct 93 22 95 4 Enoch Baptist Church Family Life Center 5685 Herbert Moore Road 23462 PHONE: 552-7020 0106 Precinct 106 22 97 4 Thalia United Methodist Church 4321 Virginia Beach Blvd. 23452 PHONE: 340-5015 Precinct information subject to change .® April 17,2023 ►`j Page 1 of 1 Voter Registration &Elections CITY OF VIRGINIA BEACH PRECINCT LIST- DISTRICT 5 PRECINCT PRECINCT SENATE HOUSE LOCAL POLLING NUMBER NAME DISTRICT DISTRICT DISTRICT LOCATION: 0003 Precinct 3 19 98 5 Ocean Lakes Elementary School 1616 Upton Drive 23454 PHONE: 648-3200 0030 Precinct 30 19 98 5 Seatack Elementary School 912 S. Birdneck Road 23451 PHONE: 648-3720 0063 Precinct 63 19 98 5 Ocean Lakes High School 885 Schumann Drive 23454 PHONE: 648-5550 0066 Precinct 66 19 98 5 Princess Anne Recreation Center 1400 Nimmo Parkway 23456 PHONE: 385-5950 0070 Precinct 70 19 98 5 Corporate Landing Middle School 1597 Corporate Landing Parkway 23454 PHONE: 648-4500 0072 Precinct 72 19 98 5 W. T. Cooke Elementary School 1501 Mediterranean Avenue 23451 PHONE: 648-2320 0083 Precinct 83 19 98 5 Strawbridge Elementary School 2553 Strawbridge. Road 23456 PHONE: 648-3800 0085 Precinct 85 19 98 5 Three Oaks Elementary School 2201 Elson Green Avenue 23456 PHONE:, 648-3960 0095 Precinct 95 19 98 5 Corporate Landing Elementary School 1590 Corporate Landing Parkway 23454 PHONE: 648-2360 Precinct information subject to change VB April 17,2023 „ Page 1 of 1 Voter Registration &Elections CITY OF VIRGINIA BEACH PRECINCT LIST- DISTRICT 6 PRECINCT PRECINCT SENATE HOUSE LOCAL POLLING NUMBER NAME DISTRICT DISTRICT DISTRICT LOCATION 0001 Precinct 1 20 99 6 Galilee Episcopal Church 3928 Pacific Avenue 23451 PHONE: 428-3573 0002 Precinct 2 20 99 6 Museum Of Contemporary Art 2200 Parks Avenue 23451 PHONE: 425-0000 0004 Precinct 4 20 99 6 Virginia Beach Community Chapel 1261 Laskin Road 23451 PHONE: 428-1881 0005 Precinct 5 19 99 6 Mount Olive Baptist Church 310 N. Birdneck Road 23451 PHONE: 422-3797 0006 Precinct 6 20 99 6 Alanton Elementary School 1441 Stephens Road 23454 PHONE: 648-2000 0011 Precinct 11 20 99 6 Edgar.Cayce's Association for Research and Enlightenment 215 67th Street 23451 PHONE: 428-3588 0050 Precinct 50 20 99 6 The Gathering at Scott Memorial United Methodist Church 409 First Colonial Road 23454 PHONE: 428-3720 0067 Precinct 67 20 99 6 Eastern Shore Chapel 2020 Laskin Road 23454 PHONE: 428-6768 0096 Precinct 96 20 99 6 Freedom Fellowship 836 Regency Drive 23454 PHONE: 428-3277 0107 Precinct 107 20 99 6 Linkhorn Park Elementary School 977 First Colonial Road 23454 PHONE: 648-2920 Precinct information subject to change April 17,2023 Page 1 of 1 Voter Registration &Elections CITY OF VIRGINIA BEACH PRECINCT LIST- DISTRICT 7 PRECINCT PRECINCT SENATE HOUSE LOCAL POLLING NUMBER NAME DISTRICT DISTRICT DISTRICT LOCATION 0041 Precinct 41 22 95 7 College Park Elementary School 1110 Bennington Road 23464 PHONE: 648-2280 0042 Precinct 42 22 96 7 Brandon Middle School 1700 Pope Street 23464 PHONE: 648-4450 0043 Precinct 43 22 96 7 Salem Middle School 2380 Lynnhaven Parkway 23464 PHONE: 648-5000 0044 Precinct 44 22 96 7 Centerville Elementary School 2201 Centerville Turnpike 23464 PHONE: 648-2200 0064 Precinct 64 22 96 7 Rosemont Forest Elementary School 1716 Grey Friars Chase 23456 PHONE: 648-3640 0065 Precinct 65 22 96 7 Colonial Baptist Church 2221 Centerville Turnpike 23464 PHONE: 479-0755 0071 Precinct 71 22 96 7 Salem High School 1993 Sun Devil Drive 23464 PHONE: 648-5650 0084 Precinct 84 22 95 7 Tallwood Elementary School 2025 Kempsville Road 23464 PHONE: 648-3840 0097 Precinct 97 22 96 7 San Lorenzo Spiritual Center 4556 Indian River Rd. 23456 PHONE: 471-8949 0104 Precinct 104 22 95 7 Woodstock Elementary School 6016 Providence Road 23464 PHONE: 648-4200 Precinct information subject to change April 17,2023 ,� Page 1 of 1 Voter Registration &Elections CITY OF VIRGINIA BEACH PRECINCT LIST- DISTRICT 8 PRECINCT PRECINCT SENATE HOUSE LOCAL POLLING NUMBER NAME . DISTRICT DISTRICT DISTRICT LOCATION 0007 Precinct 7 20 99 8 King's Grant Presbyterian Church 745 Little Neck Road 23452 PHONE: 340-2840 0008 Precinct 8 20 97 8 London Bridge Baptist Church 2460 Potters Road 23454 PHONE: 486-7900 0009 Precinct 9 20 99 8 Great Neck Baptist Church 1020 General Jackson Dr. 23454 PHONE: 481-1573 0010 Precinct 10 20 99 8 All Saints' Episcopal Church 1969 Woodside Lane 23454 PHONE: 481-0577 0014 Precinct 14 20 99 8 Malibu Elementary School 3632 Edinburgh Drive 23452 PHONE: 648-3040 0028 Precinct 28 20 99 8 Thalia Elementary School 421 Thalia Road 23452 PHONE: 648-3880 0047 Precinct 47 20 99 8 King's Grant Elementary School 612 N Lynnhaven Road 23452 PHONE: 648-2800 0048 Precinct 48 20 99 8 WAVE Church 1000 N. Great Neck Road 23454 PHONE: 481-5005 0049 Precinct 49 20 99 8 John B. Dey Elementary School 1900 N. Great Neck Rd. 23454 PHONE: 648-2440 0056 Precinct 56 20 99 8 St. Aidan's Episcopal Church 3201 Edinburgh Drive 23452 PHONE: 340-6459 Precinct information subject to change April 17,2023 Page 1 of 2 Voter Registration &Elections CITY OF VIRGINIA BEACH PRECINCT LIST- DISTRICT 8 PRECINCT PRECINCT SENATE HOUSE LOCAL POLLING NUMBER NAME DISTRICT DISTRICT DISTRICT LOCATION 0075 Precinct 75 20 99 8 Lynnhaven Colony Congregational Church 2217 W. Great Neck Road 23451 PHONE: 481-7674 0092 Precinct 92 20 99 8 Lynnhaven United Methodist Church 1033 Little Neck Road 23452 PHONE: 340-5682 0105 Precinct 105 20 100 8 Pembroke Meadows Elementary School 820 Cathedral Drive 23455 PHONE: 648-3360 0108 Precinct 108 20 100 8 The Gala 417 2105 W Great Neck Road 23451 PHONE: 773-9568 Precinct information subject to change April 17,2023 aB h Page 2 of 2 Voter Registration &Elections CITY OF VIRGINIA BEACH PRECINCT LIST- DISTRICT 9 PRECINCT PRECINCT SENATE HOUSE LOCAL POLLING NUMBER NAME DISTRICT DISTRICT DISTRICT LOCATION 0015 Precinct 15 20 95 9 Calvary Baptist Church 4832 Haygood Road 23455 PHONE: 499-1572 0017 Precinct 17 20 100 9 Louis R. Jones Bayside Recreation Center 4500 First Court Road 23455 PHONE: 385-5930 0018 Precinct 18 20 100 9 Independence Middle School 1370 Dunstan Lane 23455 PHONE: 648-4600 0019 Precinct 19 20 100 9 Bayside Church of Christ 5025 Shell Road 23455 PHONE: 460-4754 0020 Precinct 20 20 100 9 Bayside Elementary School 5649 Bayside Road 23455 PHONE: 648-2080 0037 Precinct 37 20 100 9 Bayside Baptist Church 1920 Pleasure House Road 23455 PHONE: 460-2481 '0038 Precinct 38 20 100 9 Bayside Presbyterian Church 1400 Ewell Road 23455 PHONE: 460-1188 0039 Precinct 39 22 97 9 Pembroke Elementary School 4622 Jericho Road 23462 PHONE: 648-3320 0059 Precinct 59 20 100 9 Shelton Park Elementary School 1700 Shelton Road 23455 PHONE: 648-3760 0086 Precinct 86 20 100 9 Haygood United Methodist Church 4713 Haygood Road 23455 PHONE: 499-1269 Precinct information subject to change April 17,2023 Page 1 of 2 Voter Registration &Elections CITY OF VIRGINIA BEACH PRECINCT LIST- DISTRICT 9 PRECINCT PRECINCT SENATE HOUSE LOCAL POLLING NUMBER NAME DISTRICT DISTRICT DISTRICT LOCATION 0090 Precinct 90 20 100 9 Morning Star Baptist Church 4780 First Court Road 23455 PHONE: 464-3663 0101 Precinct 101 22 95 9 Luxford Elementary School 4808 Haygood Road 23455 PHONE: 648-2960 0102 Precinct 102 22 95 9 Diamond Springs Elementary School 5225 Learning Circle 23462 PHONE: 648-4240 Precinct information subject to change - April 17,2023 u h Page 2 of 2 Voter Registration &Elections CITY OF VIRGINIA BEACH PRECINCT LIST- DISTRICT 10 PRECINCT PRECINCT SENATE HOUSE LOCAL POLLING NUMBER NAME DISTRICT DISTRICT DISTRICT LOCATION 0029 Precinct 29 22 96 10 Holland Elementary School 3340 Holland Road 23452 PHONE: 648-2640 0045 Precinct 45 22 96 10 White Oaks Elementary School 960 Windsor Oaks Boulevard 23462 PHONE: 648-4040 0046 Precinct 46 22 96 10 Green Run Elementary School 1200 Green Garden Circle 23453 PHONE: 648-2560 0073 Precinct 73 22 96 10 Green Run High School 1700 Dahlia Drive 23453 PHONE: 648-5350 0074 Precinct 74 22 96 10 Green Run Baptist Church 1201 Rosemont Rd. 23453 PHONE: 427-5087 0080 Precinct 80 22 96 10 Kingdom Cathedral 3820 Stoneshore Road 23452 PHONE: 278-7556 0081 Precinct 81 22 96 10 Salem Elementary School 3961 Salem Lakes Boulevard 23456 PHONE: 648-3680 0098 Precinct 98 22 97 10 Windsor Oaks Elementary School 3800 Van Buren Drive 23452 PHONE: 648-4120 0099 Precinct 99 22 96 10 Parkway Elementary School 4180 O'Hare Drive 23453 PHONE: 648-3280 0103 Precinct 103 22 97 10 Kempsville Meadows Elementary School 736 Edwin Drive 23462 PHONE: 648-2760 Precinct information subject to change April 17,2023 Obi or B ach Page 1 of 1 Voter Registration &Elections Yam'+ PUBLIC HEARING Appropriation of 622,500,000 In Public Facility Revenue Bonds to Finance Public Infrastructure Improvements On Tuesday,August 8,2023,at 6:00 p.m. at City Hall,2401 Courthouse Dr,Virginia Beach,VA,23456,the Virginia Beach City Council will hold a Public Hearing on a proposed amendment to it's Capital Improvement Program that exceeds 1%. This amendment is to appropriate $22,500,000 in Public Facility Revenue Bonds to make public infrastructure improvements in the right of way,formerly identified to be developed as the Southeastern Parkway & Greenbelt between Dam Neck and London Bridge Roads, and adjacent property. Infrastructure Improvements will include building a two-lane road connecting the two roads and providing access to the facility,as well as utility relocations,traffic 0//)/)? signal improvements, stormwater management enhancements,and similar infrastructure. These improvements will support future development of a 3,200,000 sq ft facility providing an estimated 1000 additional net new jobs to the local economy.Detailed information on the project will be briefed to City Council on August 80. If you wish to make comments virtually during the public hearing,please follow the two-step process provided below: • httos://vbeov.webex.com/weblink/ register/r873503521570047c 727 2e71c3e777dc4 • Register with the City Clerk's Office by calling(757)385.4303 or via email at ABarnesgvbkov.com prior to 5:00 p.m.on August 8,2023 If you are physically disabled or visually impaired and need assistance at this meeting,please call 385-4303. Hearing impaired,TDD-711. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk Beacon:Sunday,Arty 30,2023 1H ryl S t'• ,, iii CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance (1) Establishing Capital Project #100666 "Dam Neck Road - London Bridge Connector Improvements," (2) Appropriating $22.5 Million in Public Facility Revenue Bonds, (3) Dedicating Certain Real Estate Tax Revenue, and (4) Authorizing the Execution of a Development Agreement for Construction of Infrastructure PUBLIC HEARING DATE: August 8, 2023 MEETING DATE: August 15, 2023 • Background: On June 7, 2022, the City Council approved the rezoning from AG- 1 and Conditional I-1 to I-1 of approximately 160 acres south of Dam Neck Road near Harpers Road (GPIN: 2405-63-1630), as shown on the exhibit map attached to the Ordinance as Exhibit A (the "Property"). PDC TN/FL LPIV, LLC and Samet Properties, LLC (collectively, the "Developer") intend to develop the Property in phases, with the first phase proposed as a five-level, 3.2 million gross square feet warehouse and distribution facility ("Phase I"). In addition to Phase I on the Property, the Developer intends to construct an additional 219,000 square feet of distribution and final-mile delivery space on property located on the opposite side of Dam Neck Road (GPIN: 2405-45-5599), also as shown on Exhibit A ("Phase II", and collectively with the Phase I, the "Project"). To incentivize the Project to locate in Virginia Beach, the City Council has directed City Staff to offer to pay the cost of construction of infrastructure improvements, including a new two-lane road to be located within the alignment of the former Southeastern Parkway, traffic signal improvements, stormwater facilities, and utility relocation and expansion (collectively, the "Infrastructure Improvements"), more particularly described in Exhibit B attached to the Ordinance. The Infrastructure Improvements will be located within public right-of-way (existing or dedicated), or in the case of some stormwater facilities, on the Property. These improvements will support future development and the surrounding area. It is proposed to create and fund Capital Project 100666 "Dam Neck Road-London Bridge Connector Improvements" and appropriate $22.5 million to fund the cost of the Infrastructure Improvements. A development agreement between the City and Developer is proposed to allow Developer to construct the Infrastructure Improvements in conjunction with the construction of the Initial Phase. • Considerations: The Project will be funded by Public Facility Revenue Bonds to be repaid by the City's General Fund. The debt service is estimated to be $2.1 million annually, and once the Project has stabilized, the real estate revenue should fully support the debt service. Therefore, the ordinance includes a dedication of the real estate revenues to support the debt. All other revenue streams would be subject to the City/Schools Revenue Sharing Policy. Phase I is expected to have a $350 million private investment and would create approximately 1,000 new full-time jobs for the local economy, with an estimated average hourly wage of $17. Phase II is expected to have an additional $33 million private investment that would create 50-100 new full-time jobs, and 500-1 ,000 new part-time jobs, with an average hourly wage of$20. It is anticipated that both phases of the Project will break ground in the fourth quarter of 2023. • Public Information: Public notice will be provided via the normal City Council agenda process. As this appropriation exceeds 1% of the Capital Improvement Program, a public hearing is necessary required. The public hearing is scheduled for August 8, 2023. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance; Exhibit A (Map); Exhibit B (Infrastructure Improvements); Capital Project Page; Disclosure Recommended Action: Approval Submitting Department/Agency: Economic Development City Manager: /V 1 AN ORDINANCE (1) ESTABLISHING CAPITAL 2 PROJECT #100666 "DAM NECK ROAD-LONDON 3 BRIDGE CONNECTOR IMPROVEMENTS," (2) 4 APPROPRIATING $22.5 MILLION IN PUBLIC 5 FACILITY REVENUE BONDS, (3) DEDICATING 6 CERTAIN REAL ESTATE TAX REVENUE, AND (4) 7 AUTHORIZING THE EXECUTION OF A 8 DEVELOPMENT AGREEMENT FOR 9 CONSTRUCTION OF INFRASTRUCTURE 10 11 WHEREAS, the City Council conducted a public hearing on August 8, 2023, to 12 receive the input of residents regarding a proposed amendment to the Capital 13 Improvement Program (CIP) that exceeds 1%; 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA, THAT: 17 18 1) Capital Project #100666, "Dam Neck Road- London Bridge Connector 19 Improvements," is hereby established within the FY 2023-24 Economic and 20 Tourism Development CIP Section. The Project Page attached hereto shall be 21 added to the CIP. 22 23 2) $22,500,000 is hereby appropriated to Capital Project #100666. The revenue 24 supporting this appropriation is the use of Public Facility Revenue Bonds 25 (PFRBs). The Director of Finance is hereby authorized and directed to 26 supplement the reimbursement declaration for the PFRB authorization related 27 to the FY2023-2024 CIP to include this authorization. The debt service 28 associated with these bonds is to be supported by the City's General Fund 29 using the dedication provided in Paragraph 3, infra. 30 31 3) The City Council hereby dedicates the real estate revenues within the project 32 boundaries as set forth in Exhibit A, which is attached hereto and incorporated 33 herein, to support the debt service associated with the PFRBs. 34 35 4) The City Manager is authorized to execute a development agreement with the 36 developer of the project, PDC TN/FL LPIV, LLC and Samet Properties, LLC, 37 provided such development agreement includes a minimum private investment 38 of $350 million and the creation of approximately 1,000 new full-time jobs. 39 Such development agreement shall also provide for the construction of the 40 infrastructure improvements set forth in Exhibit B, which is attached hereto and 41 incorporated herein. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2023. Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: -(4*.i:/1 ttd- Budget nd'>nana ement Services 9 ify or ey s Office CA16226 R-1 July 28, 2023 Proposed Conceptual Site Layout U- sL. r- r O i --- ---i -..' 'N< > ft • -- / / I \ z . t,/ 1 --,. ...-:.•••i / ; /,,,,N< \. ¢ X'', C_) „� Z > . . \ z Ce - \ �� , :7-1" 1 r_ --_- . Vr •sue►--e ,/li 44 Ot \I 1 y � � \ ` Il�, \• :It I_ o L _ 2 . 1 a.,„ , _ „0- , /1 . , 2P 1 1— ill" s‘ s, Nirila Z tit• \ j/� - I \. Cr-, . `s's .I' cc / '.-11---' ' la ,., ,t,s,...„,.._ z 1 :1 ,..F. ,.,- 4t_ : ,. ---( co (-5 i II .,- I � a, --, .__ cr , .. I__ 7.= it _., ,i ii -`I \ L W 0 t: i /' i _ cr ,, 1_ a_ tI I A \ W , 1 '' — � cc -- .. ',„/ w o ;t VA 41/K < i ��.^6 Y W 2 2h r : '- w W m J .. u E II o Y ' NN:fk ' C C O BT Holdings III, LLC& PDC TN/FL LPIV, LLC Agenda Items 4& 5 Page 9 Fiscal Years FY24 through FY29 Capital Improvement Program Project:PG100666 'Title:Dam Neck Road-London Bridge Connector Improvements Status:Proposed Category:Economic and Tourism Development Department:Economic Development Project Type Project Location Project Type:New Construction DIstrict:5 Programmed Funding Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding Funding To Date FY24 FY25 FY26 FY27 FY28 FY29 Future 22,500,000 - 22,500,000 - - - - - • Description and Scope This project is for$22.5 million of infrastructure improvements in the right of way,formerly identified to be developed as the Southeastern Parkway&Greenbelt between Dam Neck and London Bridge Roads,and adjacent property.Infrastructure Improvements will include building a two-lane road connecting the two roads and providing access to a newly developed facility,as well as utility relocations, traffic signal improvements,stormwater management enhancements,and similar infrastructure.This project is expected to be delivered through a development agreement with the project developer. Purpose and Need These improvements will support future development of two developments.The first is a 3.2 million square foot facility on 161 acres,with$350 million worth of private capital expenditures providing an estimated 1,000 additional net new full-time jobs to the local economy with an estimated$17/hr.average wage.The second is a$33 million private investment,that will create 50-100 full time jobs,and 500- 1,000 part time jobs with an average wage of$20/hr.It is estimated the projects will break ground in the fourth quarter of 2023.The ordinance authorizing this capital project included a dedication of real estate taxes to support the debt required. History and Current Status This project first appeared in the FY 2023-24 CIP and was approved by City Council on August 15,2023.This project is funded by Public Facility Revenue Bonds with debt service to be supported by the City's General Fund. Operating Budget Impact Comments FY25 FY25 FY26 FY27 FY28 FY29 Total Operating Budget Impacts - - - - - Total FIE - - - - Project Map Schedule of Activities Project Activities From-To Amount a""^ Construction 07/23-06/26 22,500,000 Total Budgetary Cost Estimate: 22,500,000 Means of Financing Funding Subclass Amount •100666 local Funding 22,500,000 Total Funding: 22,500,000 "a� EXHIBIT B (Infrastructure Improvements) Phase I: Existing Utility Relocation $ 500,000 Traffic Signals 500,000 Site Prep, Erosion Control 7,500,000 Stormwater Management 6,000,000 Engineering& Inspections 2,500,000 Contingency . 3,000,000 SUB-TOTAL: $ 20,000,000 Phase II: Existing Utility Relocation $ 100,000 Stormwater Management 250,000 Roadway Lighting 400,000 Road Improvements 1,500,000 Contingency • 250,000 SUB-TOTAL: $ 2,500,000 TOTAL: $22,250,000 D .r�.. ezoni•nl _ •. �} • . .. 's. rr._';•�Yis:.:-r.+.� ..;::y. .P1 Q 1 t ! •1/� Q U211I•➢c, `•.i • `: fir' :;, i -. ��,g.c • ., .. ..._ .. ..... r fix„ " b.:...'• �� :: .,..: Deve og •� ..`:.r6.,.. .ri �;. Ass 4.',`.r .•.P `..r • '�• .. .�' • wi � > Application Instructions Please provide the following items and information requested in the checklist below along with the application found on pages 3-4. Once your application and supporting materials have been submitted to the Department of Planning and Community Development,you will be contacted by the Planner assigned to the project who will assist you and/or your representative during the process. A summary of the Rezoning process is provided on the following page. If you have any questions regarding the process or the requests for information,please contact the Planning and Community Development Department at (757)385-4621 or by email at planadmn@vbgov.com. Additional information about the Planning Commission/City Council process and procedures can be found at www.vbgov.com/pc. Application Checklist 8 Application 8 Property owner's signature and applicant's signature Note:A copy of the purchase contract for the property may be included in lieu of the property owner's signature if the contract clearly identifies approval of the application as a contingency of the contract. 8 Disclosure Statement 8 Fee payable to"Treasurer,City of Virginia Beach" • $1,090 application and notification fee(Public notice,certified mailing to adjacent property owners,and public notice signs) 8 Property survey(Unless concept plan includes current survey information) 8 Proposed concept plan(Four large copies and one copy on 8.5"x 11")including: • Scale, dimensions of lot • Information related to:topography,natural features,adjacent land uses,and open space areas; existing and proposed structures,setbacks,parking spaces,drive aisles,sidewalks,freestanding signs,vehicular access points,plant material,etc. • Tabulation of required parking spaces 8 Proposed renderings and/or building elevations(Four large copies and one copy on 8.5"x 11")including: • Scale • Exterior building materials and color schemes • Location and depiction of sign(s)to be attached to the building ❑ Phase I Environmental Site Assessment(If the purpose of the application is to rezone property currently zoned commercial or industrial for residential uses)Based on the findings,a Phase II Assessment and/or testing may be required. 8 Preliminary Stormwater Analysis(If the subject property of the application is located in the Southern Rivers watershed and requires land disturbance) ��------------_ -1- I-P-a-g-e- • : �.!�..�,,.'i�}."iF'.i."..:-�.y. .7, .a.:µ �,'..,•''''''':. ,•.-:,. , .=F-�. .ft,,. ,',.,i. rF' ▪ .y. x` t a 3"•�Y: it .•i, _�� 17;4 « "� .wr ..r..! r,+ `;yn ��`. ti.Rezoning x' - ) . ' .. �- i r t< 7 r. . � , ,}..,`-- Y' `i .ry.* nr. r..,f `t rF ^'..t34...,-▪' ' ; � .r .".d if: E .� t- --i,:' �'- =;-ia y i � f.+. Citilaf•Vfrr�vu .l3arch ,� � .� ".k`v?�S, :�K � ?.' 8.� V.� �� f?',�:��C",.�;�, : 7Rcs,r.rz r �d'�'.%v�,'S-• s . ✓yam ,�p� q '�'r, .+k,w v +? -..;:: -,•'C�:�,. 'Y . r .y,. .tx;- + r�J:, ��; �. e,.- ��=✓ - �"�''�-.2 t�:�_•�- i �::' fr_ P^' ,.4) , Fa' -;._-1'`5"7',^ - -, .,.Lt N7:,`..'�,*;;; '!-. 'L L Ie Y. [1`. `; ,: .. " .�, � . ,� � �� �r" ..:. ,__�, �. �� ._ u.�� Plarinln .w&'�ornmun � ;, �� 'E,?�.,� !Ir_ n) ��� + ;` -'.:� {�.�,. r:4_wvi�A• 'h Ark �` ..#. - ... ! t ,ya:,.er.� �• ,,.. 1 - Est. ,q n _, !..- -. T7ff'T' i.•�.s-r ,,� M 7.f,� lrr.'!} ). `'J.-1,. :---.— f �tL;}� 'i., ________,-,.-+ if 2- !+ i- { j } d • i L ., ,r yr, -t ' ."' �x Rezoning Process .. • :%;Option:atl..'•• , ; •>Prior to submittal of an application,applicants are encouraged to meet with a Staff planner by j • 3.;.. :..... , .. n in-person • . .' ;, ,t email;phone,or in-pe to discuss the application Pre=AppI+cation IM'eeting / ►' • .;. ••'.:'• „IA,. �:',•', • }} -. •Application submitted in-person at the Department•of Planning and Community Development or. . .• pp.Iica�t.1.on ub r:it1,e.d. .,1 via Accela E ::;•, , ' .:{` •Deadline is the first business day of each month - - i t ----�_ • . . •Application assigned to_a Staff planner and reviewed by City departments(Public Works,Public i Utilit I..,*... ,,/4ppa4i ati0'n�•R vi:ew .. les,Parl<s formulates ad recommendation for Planning-Commission's consideration' r. .f.y` Staffg C'5?4 4k,4•k,)::,-yy..��•+S•y�.•fi` ,`:^ ��yl'' sue. —_. ------ _ • 4:h.h.',?..:,, M-?';;•a;"rE,::4:y::•.... '.;.;,;<:�'x=' ;..4 ,.., i•Notification signs posted on the subject property by the applicant 30 days prior to the Planning • ' , `t .,' t `'. ''!� ' ' C Commission. public hearingand remainposted through-City Councilpublic hearing �,,.:.,��;',�iA •s, a� nn�'' `�••!:,µ. - �, s:•. g tY r? ;;..;�P,I Eb:IC IYDt��Ce`}tt.:L"+ ..C• ••City mails notification letters to all adjacent property owners ' ,•: ": 6�,7 •`�:-,,:;r::i;;,. .• .�' •City advertises the request in the Virginian-Pilot Beacon twice and on the City website 1 3 %� ,' .5,,,,.:7. ^;r_+'q.� r i cr.f' T3^.Ci.ilr•.. r."N).:: ' ''. 75,.a �is�C:'.�M.ra .: y-. • 'x - -- - - --- .- - - - - _ - - --- - -- ----\ ' "'•. •'. ci :: ' '¢'}"'' =ik'..4 '�``". •Application considered by Planning Commission at the public hearing ' •�n '-Cror.-arriiiISSIOri....t Plannin •Commission reviews Staff's recommendation "; i Members of the public have the opportunity to voice their opinions at the hearing 1 • r'`• lie Heart ;€ r , r a r , ," •v' ,•`k' 1•Planning Commission votes to recommend approval or denial of the application to the City Council a k r�0,aa i•Notification signs must remain posted on the subject property until the City Council public hearing ; . ,i`�p m ,•City mails notification letters to all adjacent property owners : . k : ,rt,_ =F•City advertises-the request in the Virginian Pilot Beacon twice and on the-City website t '� �",�,fr " ' ,,) y� , {� ,_•., ' i•Application is considered by the City Council at the public hearing - ��,[c C @1� • •City Council reviews both Staff's and Planning Commission's •recom•mendations e r m r ,I ..1 •Members of the public have the opportunity to voice their opinions at the hearing i ti r .ef rrn , • City Council approves,denies or-defers the application Y r , :.`,p .y .': ; $,x'M"trI+�'. R Iof h =C ▪ D e beton Lek 'e-r' + • esu is t e ity Council decision are forwarded to the applicant,property owner and ,. t, ., representative. \: , -1▪ - ', '' ''- `.r- i f _l`------...._ - __---___--._- - ----'-----'- ------' ---"----- ---- .---_-_w- 21 Pa ge • l• � w �sr1 �I• r^s ��t:��; .. O UTl 3' Plan f�� • r. ... • • f� L't. 4 • r - 1 _ 'f'O iY +elo®meet ;.::. . .I-. .r.;{,. .'.i:i��•: —^'•ram ^' _ _ •! 1:... •.'. •G'.L:......a A:s...Y... .:.1:.. R:.:.,'l. 1.' P•�'� ~+� L� .i • . .% 'f. sLa .H':.. :IPF•� }'r 4� .'S�i l:,,., •y Fx.._G 1-• •.:.ram!•.{'Y � ••!r`r.4•.• ;,�,.•;,?ter': ::s',,,,,��{p.•;'f.L.; "„..:;'-'�+ ;qe!•:r:.;; i.'•,,,,a. �.-•-•' �f... ;. '�:.,•. •i"•" .`ice' ,y.•a s�.�vt k Via. - ~'r.�.: �:e'��rr.i^.•�'k�r r - _ .may --- Contact Information Applicant's Name PDC TN/FL LPIV, LLC,a Delaware limited liability company Address 35 Music Square East, Suite 301 City Nashville state TN ZIP 37203 Phone 757-641-5174 Email bhudgins@panattoni.com Applicant's Representative Kimley-Horn & Associates Address 4525 Main Street, Suite 1000 City Virginia Beach state VA ZIP 23462 Phone 757-213-8600 Email dave.france@kimley-horn.com Property Owner's Name BT Holdings III LLC Address PO Box 988 City Virginia Beach State VA ZIP 23451 Phone 757-486-7055 (Mike Inman) Email mainman@inmanstrickler.com Property Information Address or Location Southeast corner of Dam Neck Road& Harpers Road GPIN(s) 24056316300000 Land area (acres or square feet) 160.96 Acres City Council Election District No. 5 Existing Zoning AG-1 & Conditional I-1 Overlay District ❑ Yes ® No (If yes, specify Strategic Growth Area (SGA) ® Yes ElNo(If yes, specify SEGA 3 _) AICUZ >75 Watershed Southern Rivers Special Flood Hazard Area ❑ Yes 0 No(If yes, specify ) If you need assistance with obtaining any of the above information, please contact the Planning and Community Development Department for assistance at(757) 385-4621. .;'yt-,+Yivi: '.a....z A.a...::.r..... z P j.„.. x;:.:r, `:..:.'. �y.'..:t#..:..W.-:l9'w'.r.'o:..r..::. k. 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' r q nr ; 11;,:- � � s .`.:1'a x} : - , , _ ' '`ma . DT, „ _ a- ,''''?.t '`.,Laf ti4IDi' } ty $ s • ' - - 14 ^" ' o. 'Ten., F. • 4`: :W;7'.07:.:4,,;!;,--,--,f.jtY� r� _^:!':p^ ,:. !� .s -. s , . ---ty...,....k,„,„,„:„_ _ ,_„, , .. F2.. Rezoning Request AG-1 Agricultural District(132.22 Ac)&Cond.I-1 Light Industrial District(28.74 Ac) Change of Zoning from the existing zoning district of to I-1 Light Industrial District Rezoning Details Please provide a detailed description of the proposal below. Include information related to previously approved City Council actions, number of units, square footage of building, exterior building materials, hours of operation, number of employees, etc. The intent is to re-zone the subject property to support the community in responding to the increased demands for logistics facilities that support the shift to "e-commerce." For the purpose of considering the general profile of that use group, we have prepared the application with the supporting information. The proposed project entails the development of a multi-story, e-commerce robotics fulfillment center where inbound packages are delivered, sorted, and stored, and then picked and packed for outbound deliveries to regional distribution centers. The fulfillment center will have a ground level building coverage footprint of approximately 650,000 SF and will include approximately 55 loading docks, 420 trailer parking stalls, and 1,750 car parking stalls. Panattoni Development Co. Inc. the developer of the subject project, has built logistics facilities of this nature throughout the US, Canada and Europe for a variety of end users. Based on their experience — they report that employment levels of+/- 1,000 is typical. Multiple work shifts are also standard. Given the high employee count- considerable space is dedicated to large break areas, vending machines, rest rooms, meditation rooms, training conference rooms etc. As the concept plan shows, the employee parking field incorporates approximately 1,750 spaces, sized to support shift changes and seasonal peaks. The building as shown on the rendering and elevations has an attractive concrete exterior wall system complimented by abundant landscaping and attractive storm water retention ponds. The main site access is off of Dam Neck Road, a four lane divided east west route. A new road, referenced as Road A, will be built in collaboration with the City of Virginia Beach and will run along the eastern property line and will connect Dam Neck to the north with London Bridge to the south. The intersection of Dam Neck Road and Road A will be improved with a traffic signal. Two driveways, one for main entry for truck and the other for employee traffic will come off of Road A. Further down Road A will be an intersection with Road B which will serve to a provide a secondary means of access to the site. a j,.ti .t. lf"'i .ti:-• ."yap,;�•: o-, f'•' -n: ''f• ::�. i.}.:rr ;: .6i ,-!' .7! •�.. _ .0 f. ..;.•. . ...r'e �osu toe •n . 6. ! of Virginia i eath s • . �.�'•�� �Planiun . ��Comrnun .r. �•. e•• . meet yCr ,.�:' �7.r, .r' •;a+�"�. J�.i.`r• f 1 ,/-'. , ',y xdy}�•'*' ' •:�.wyfF:r..riti' � _ - 4t.r ry ::Yis'�.' .,.. - .. , 'r'f*K,•.r Yti.w«.;�5'a_ arir:r • #•4. fN{ > 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 PDC TN/FL LPIV,a Delaware limited liability company Does the applicant have a representative? © Yes 0 No • If yes,list the name of the representative. Dave France, Kimley-Horn Associates, LLC&R. Edward Bourdon,Jr., Esq.,Sykes,Bourdon,Ahern&Levy, P.C. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? 111 Yes ❑ No • If yes, list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) William A. Hudgins,Authorized Representative • If yes, list the businesses that have a parent-subsidiary)or affiliated business entity2 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. Revised 11.09.2020 1 I P a g e f •A. ' '••1�.�'Y iosure SttQ tem, e ' t •'a• ••- •••.�i1' • • J.• f ' '! 5,•.y'i�•f•fY •)� • • • �of VigmiaBtvth • • { ':r.4. • - , - Develo.®merit• :f, � •• :'.7' •°�: t.'.!L^ ,.5..�•,a•v,1�e• 5. •..' • '►q . " r1rsY;r..y� r .a+. Y • 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 providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? IN Yes ❑ No • If yes,identify the company and individual providing the service. Gregg Christoffersen-Jones Lang LaSalle(JLL) 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? 0 Yes 0 No • If yes,identify the firm and individual providing the service. Dave France, Kimley-Horn&Associates, LLC 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 _ 1, Puy hf l n oiln lk nh �..� >_. _� ► . - -. �. Planning R Community 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?0 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 O if yes,identify the firm and individual providing the service. . Kimley-Horn and Associates-Dave France 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 0 No • If yes,'identify the firm and individual providing the service. Sykes Bourdon Ahern&Levy PC R.Edward Bourdon,Jr,Esq. 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 informatio pro ided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public d or committee in connec ion with this application. /--2---- .J JA4 '�,,i /tea ApplicantSi,. ature - i11 6 J , ei A.„,,,,,4,./7,v,... / Print,Name and Title 3 i / zo zi___ 1 Date Is the applicant also the owner Of the subject property? 0 Yes No e If yes,you do not need to,fill out the owner disclosure statement. FOR CITY'USE'ONLW All,d�istlbsures'must.be•u . pdated,two(Z)weeks prior to any Pla Aping'Commission:ar4CittyEounaiLmeeting,.. lbaLperksiinstOifhe:'• piicp: iolis;i. :. ._ .• _ . . '. . _ El No changes as of Date Signature Print Name Revised 1.'L.09.2020 3 P a g. e i { ,SR:'i: `4.! a`:.7 3„r.'":•a^:r 3+''it .1r.?y:� . r :.•:'`R'.... ::?i'•^. ...•w xi ;;v.t',.:,.� -�,�t;Vz'.,: '_9 ;Ark..:. 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Planhm & � o , n: j'p. . . ..,�,•- .:::i`' ;Ni -<:� :w!;,-::FC.i6 y'.xl, i 'ri,^ �' "1170:, ',`'',''S.ro$' - _ • _r -, , - ., d ''3s-Y 4ws,d', r s�J.�1� V'. .:"� �.:!' h� �[r �ti%v �•.� , - r+-* ;. •»` 't .�� �},{S E r =r v j "`'f�'��.{Jrr��1e�� i e _ -4 • wta. eve1OPmen+�. f�,, ',y at AI^�.` yS R •1f•r're�' -T. F"0��. - f"... -tn- "} .{.: _ +;4' h�.iL I' R • 4 _.Y 'YM i _ jY,^ta �} 3 iyj,Pay~'�' dL•�', ,. t. i it: Y7, T: .:�,Y4 _ ,X• � •-ve. -.+'r f _. -"SS._ r - 4•Y.l, 3ii l:.:•. ..'�R.t*- :i Continue to Next Page for Owner Disclosure Revised 11.09.2020 - 4 I P a g e fcfosure Sttatemen :: :�: • :r- . :.� .t.�4.ry`• 1 Yf:• •i.�:C ' r w-,y• .. t �,.J.. i- i' ".{" '. f J•l' .v _ CJ v w 4r • • ,.f 4 Plans t. a••6.0 r,.au ,la 4y, 't 4,� ..... � men ` • .•.,Y!'ti f: ...'3.. : ... ^,r:•......�. x. r- .• _ y�• ..Yr• :! n� 4.'•..x• - �X .�l .y .4 . ' ,... ...':.. .r� ...w^'' �t'r'.• •Y §+[.^..;'�lr.�Sr�•...'::r�S,;'f w,."14.1.•.. �1 / S - Owner Disclosure Owner Name BT Holdings III LLC Applicant Name PDC TN/FL LPIV, a Delaware limited liability company Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? NI Yes ❑ No • If yes,list the names of all officers,directors, members,trustees,etc. below. (Attach a list if necessary) Barbara T.Creech, Managing Member • 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 0 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 Wage . Ey`• .,f. , sia'l ',, �rP J.,.-.1,� •� .'l i�'' .,�.: ... .t, ,a�. .b•. . •• i Fr.�••' _ ','. "�., ' oasure -, e5tatement • . .. •GityofVuguaa:7t ... :�., • 'Planning' o ea 90 o: , • ,tip •�w n''•.:wi e d 1 n 10•men 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 I 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? 0 Yes IN 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? 0 Yes I 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? 0 Yes IN No • If yes,identify the firm and individual providing the service. Revised 11.09.2020 Wage ;Ys.-: s b. is _ - .� ..�.is. r�.rye rrW.p'r s .1 -k•�;.��_•'�• `. • , .. ti • !Li ~ .k. .,,.,.. =ref.:, t',r 4 •;y h. .r• •. -.•a« .raic;�e.s,t.AAT.y.:�:r,A'gy:'"•� �, �a..��'"�ac� �r:' :.;"'7 xc.e�, i • • - �r •'l.. ‘A'',...:'. 'N 'w4•.r .t :i• c -,. -- rt •~r.. J•a. n 7 .,6.:.R •�7'i' •a �}.__ ®. � our�e: a a �.:. . :•... .. , p�fr ... �jp�KlrAi'"fii'• � i, '! 1. .. .. �•i,r '•�• ••+l.ti.'�j ,4+ . �"• •..;gip: .�l' .., :•r.! •.5. _ ' :: .•y �•a� �� ••i':' ya fall° � A ~A w.lr '.At „Y '..',7''•�. +ri.:vM1 rL�f". M• _ N � _ � P ��i•l 1,.fr •Y' trt[ } i:iyii.ii 4'..' h1. •-i.•.y z:'�i •'�'},�• -d_�`r �,, >R.Y• •f i�•• . Y- h ,r 1y .v.' ;Cice` 3�M'Ia:'i;4 _ r'.1 .,tfe .'•4,:: .r _ -+ - ' •..✓;�E,9,..,:.•;: 'rs„d 3,Aia _ y1 _ •Y i 4 '!� +«-.;a;"' day : • -. -. - - �.v k -r r receivinglegal services i 8. Is the Owner n connection with thesubject of the application or any business operating or to:be : g operated on the property?'® Yes 0 No: • If yes,identify the firm and individual providing legal the service. Michael A.Inman,Esq.,Inman&Strick9er,PLC Owner Signature containedI in this Disclosure Statementaccurate. I understand that, tnent Form is complete,true,and - fy of the information public hearing, am responsible for updating the certify that allI upon receipt of notification that the application has been scheduledofP nni Commission,City Council,llBDA,�gpq,lNetlands Board information provided herein two weeks prior to the meeting or any public body or committee in connection with this application. BT Holdings III,LLC By; QAA--r.,r�a_- Tde -J-' Owner Signature Barbara T.Creech,Sole Member Print Name and Title c -- Cr e.L. Date o O2- 'eo ,Z al rU RUBEN RAMIREZ Commisslon#HN 187571 State of ` * 14=✓ * exores FebniaN 14,2026 • WL N'•f•ICI ''��• County of ` .N..4o4c scndedThtuOudgsttlota�r$ 611044 On this day of b love ine personally appeared to me known to be the person who nxoculod.the 'li, foregoing insti umeht,arid ecknewiedped that he `n , executed the,same as his free,act'and;deed, SEAL(signed) ,,, ;r', -WageRevised fl 09.2020 I. FORMAL SESSION AGENDA 1. CONSENT AGENDA J. ORDINANCES/RESOLUTION 1. Ordinance to AUTHORIZE temporary encroachments into a 10' City Maintenance Easement and a 100' City Drainage Easement at 920 Sandoval Drive re maintain a wood fence, concrete driveway, frame shed, concrete pad, pool area, wood dock, and covered fireplace area District 5 2. Ordinance to APPROPRIATE $1.2-MILLION of Fund Balance from the General Fund to Capital Project#100175, "Fire Apparatus IV"re place equipment orders 3. Ordinance to APPROPRIATE $1,164,299 from the Tourism Investment Program (TIP) Fund Balance to the FY 2023-24 Convention and Visitors Bureau Operating Budget re conditional payment to ESM VBSC, LLC 4. Resolution to DESIGNATE Corporation Lane as "Zim Avenue" 5. Ordinance to DONATE 210 crime scene cameras to the Serendipity Wildlife Foundation, a California non-profit organization 6. Ordinance to DONATE four (4) alternate light sources to the Hampton Police Department and Franklin County Sheriff's Office 7. Ordinance to ACCEPT and APPROPRIATE $506,748 from the Virginia Department of Behavioral Health and Development Services (DBHDS) to the FY 2023-24 Human Services re the Permanent Supportive Housing Program 8. Ordinance to ACCEPT and APPROPRIATE $500,000 from the Federal Emergency Management Agency (FEMA) to the FY 2023-24 Fire Department Operating Budget re reimbursement of costs for the deployment of the Virginia Task Force 2 Urban Search and Rescue Team 9. Ordinance to ACCEPT and APPROPRIATE$254,870 from the Virginia Department of Fire Programs to the FY 2023-24 Fire Department Operating Budget re support the purchase of personal protective apparel, equipment, training, fire education outreach, and repair work to the City's live fire training building 10. Ordinance to ACCEPT and APPROPRIATE $59,000 Grant Funds from the Virginia Department of Emergency Management to the FY 2023-24 Fire Department Operating Budget re purchase rescue equipment, personal protective equipment, and to assist with funding a regional training exercise 11. Ordinance to ACCEPT and APPROPRIATE $36,307.61 of Grant Funds to FY 2023-24 Fire Department Operating Budget and AUTHORIZE $1,815.39 from the General Fund contribution to the FY 2023-24 Fire Department Operating Budget re to purchase 200 smoke alarms designed specifically to assist deaf and hard of hearing residents 12. Ordinance to ACCEPT and APPROPRIATE $33,933 from the Virginia Beach Library Foundation to the FY 2023-24 Public Library Operating Budget re purchase a self-service laptop dispenser for the Meyera E. Oberndorf Central Library 13. Ordinance to ACCEPT and APPROPRIATE $19,523 from the Virginia Department Historic Resources to the FY2023-24 of the Department of Planning and Community Development Operating Budget re research and other activities related to historic places and AUTHORIZE an equal amount for required Grant Match `,pC;�wi�of ACh`, i� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a 10' City Maintenance Easement and a 100' City Drainage Easement, located on 920 Sandoval Drive MEETING DATE: August 8, 2023 • Background: Vincent and Daisy Pabon (the "Applicants") have requested permission to maintain a wood fence, a concrete driveway, a frame shed, a concrete pad, a pool area, a wood dock and a covered fireplace area in the City's 100' drainage easement and 10' maintenance easement (collectively, the "Temporary Encroachment") located on the Applicants' property at 920 Sandoval Drive (GPIN: 2414-68-4261). The Applicants found out about the existence of the City's easements during construction of the pool. The Applicants assert that the failure of their contractor to obtain permits has resulted in the placement of the pool within the easements. If approved, the City will continue to have its easement rights should it need to access the waterway. • Considerations: City staff reviewed the Temporary Encroachment and have recommended approval of same, subject to certain conditions outlined in the Agreement. • 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 Submitting Department/Agency: Public Works/Real Estate '" City Manager:0 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO A 5 10' CITY MAINTENANCE EASEMENT AND 6 A 100' CITY DRAINAGE EASEMENT, 7 LOCATED ON 920 SANDOVAL DRIVE 8 9 WHEREAS, Vincent and Daisy Pabon (the "Applicants") have requested. 10 permission to maintain a 43.67 LF and 33.81 LF 6' wood fence, a 34.8' x 9.1' concrete 11 driveway, a 10.7' x 20.1' frame shed, 5.95 sq. ft. of concrete pad, 95 sq. ft. of pool area, a 12 14' x 7.7' wood dock, and a 166 sq. ft. covered fireplace area within the City's 100' 13 drainage easement and 10' maintenance easement (collectively, the "Temporary 14 Encroachment"), located on the Applicants' property at 920 Sandoval Drive (GPIN: 2414- 15 68-4261); and 16 17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 18 2107, Code of Virginia, 1950, as amended, to authorize the temporary encroachment upon 19 the City's easements subject to such terms and conditions as Council may prescribe. 20 21 NOW,THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicants, their heirs, 26 assigns and successors in title are authorized to maintain the Temporary Encroachment 27 within the City's easements as shown on the map entitled: "EXHIBIT A SHOWING POOL, 28 POOL CONCRETE PAD, FENCE & CONCRETE DRIVE, ENCROACHING INTO THE 29 CITY'S 10' MAINTENANCE EASEMENT AND POOL CONCRETE PAD, CONCRETE 30 DRIVE, FENCE, FIRE PLACE & WOOD DOCK ENCROACHING INTO THE CITY'S 100' 31 DRAINAGE EASEMENT SUBDIVISION OF RED MILL FARM (PHASE I)SOUTH SHORE 32 ESTATES VIRGINIA BEACH, VIRGINIA," Scale: 1" = 20', dated May 25, 2023, prepared 33 by Tim Fallon Land Surveying, PLLC, a copy of which is attached hereto as Exhibit"A", on 34 file in the Department of Public Works and to which reference is made for a more particular 35 description; 36 37 BE IT FURTHER ORDAINED,that the Temporary Encroachment is expressly 38 subject to those terms, conditions and criteria contained in the agreement between the City 39 of Virginia Beach and the Applicants (the "Agreement"), an unexecuted copy of which has 40 been presented to the Council in its agenda, and will be recorded among the records of the 41 Clerk's Office of the Circuit Court of the City of Virginia Beach; 42 43 BE IT FURTHER ORDAINED, that the City Manager or his authorized 44 designee is hereby authorized to execute the Agreement; and 45 45 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 46 such time as the Applicant 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. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: 11) P BSI WOK C O S / REAL ESTATE A A E R SENIOR CITY ATTORNEY CA16058 R-2 Prepared: 06/15/2023 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d009\p045100892210.doc THIS IS TO CERTIFY THAT I, TIMOTHY M.FALLON A LAND SURVEYOR,ON 03-24-2023 SURVEYED THE PROPERTY SHOWN ON - THIS PLAT,AND THAT THE TITLE LINES AND THE WALLS OF THE BUILDING ARE AS SHOWN ON THIS PLAT. THE IMPROVEMENTS gyp,ZH OF STAND STR/CTL Y WITHIN THE TITLE LINES AND THERE ARE NO ENCROACHMENTS OR VISIBLE EASEMENTS,EXCEPT AS SHOWN. • / THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT AND CONSEQUENTLY MAY NOT DEPICT ALL MATTERS O=yr ',i AFFECT/NG THE TITLE OF T PROPERTY SHOWN. ((FA o TP�OTHY M:FALCON? >� THIS PROPERTY SHOWN ON THIS PLAT APPEARS U No.1-2 v SIGNED 05 25 2023 TO FALL/N FLOOD ZONE X'AND FLOOD ZONE 06-14-2023 ' TIMOTHY M.FALL ON L/C//659 AE(EL 3)'AS SHOWN ON THE FLOOD INSURANCE RATE MAP,COMMUNITY 51553/PANEL 0138G (4ND SURE{per ' DATED 0/-16-20/5 S 64°2053'E 80.00' LAKESIDE CONSTRUCT/ON CORP. - (D.8..1660 PG.47) /0'MAINTENANCE EASEMENT ,r 5'PRIVATE DRAINAGE EASEMENT 5'PRIVATE DRAINAGEEASEMENT (PER MB.238,PG.60) (PER M.B.238,PG.60) (PER M.B.238,PG.60 l ' I I 2 0_- ff EDGE OF WATER // /52'�. �,2 F - -------- ------ yam/ /9•/' f, T ° __ HEADWALL / / P/N(F)'•-,,, I / //'/ ,, --HEA WALL /DO'DRAINAGE EASEMENT - - (PER MB.238,PG.60)- FENC. 0 20./' OUT 0.2' 0 9 v M FRAME ^ W O 100'DRAINAGE EASEMENT SEE DETAIL/ _ O I SHED O 79, I j (PER M.B.238,PG.60) _ 2 , AREAa211 SO.FT LOT/454 I o S 64°2053'E 80.00' W I 20./' m W __ __ __ __ _ __ __ __ __ �p GRIN 2414-68-426/ - O'COVERED'-_ v p - o /4if - VINCENT AND DAISY PABON b' F/REPLACE 5I' 2pINST 2O/40922000896950 H AREA= o - 3 Z' �166 SO.FTO • W 744..� _E_OE_OF_W_A TER____ J,,!qr(� ��`,L. p 78' N Q2 HEADWALL / - IPIN(Fl • I -- �vW �vW FRAME p 441,.0 ^i 2 Q LOT/454 I ;� I 5� SHED GP/N 24/4-68-426/ FIRE 1 . VINCENT AND DAISY PABON PLACE I /O'MAINTENANCE EASEMENT INST/20140922000896950 i � .I (PER M.B.238,PG 60) - • •s �` I /0'MAINTENANCE EASEMENT - V • Le... POOL Q H '/,V A\��\\\�\Ki , 1(PER M.B.238.rG 60) o I • F I o 1 • _-! C15 CP h l� - POOL v h M I a c'i • I . J Q I.. �':CONCRET. I R I. • N I.. O I of - GONCRE TE PAD- IO lu .CONC L'TE.• PAD. r •- n 1 ' DR • u I ^o • b r - - c ',, STOPS �L2 . G -- L4* "� W M •�.• • % .IQ, N 1 \ I STEPS -� H N/F •r` _ i��� 6 5 9.� ,l o NE 2 1 n� rr�PK / / / / / /�// �v�S/ //I/, 12 • LOT/455. S'IQ, � ,..•••i6 320' 3 s-/29 q.ti 'LOT/453 `7/761 //////1/./J"'(��/// ' , K. O H GRIN 24/4 68-5/49 - DETAIL l SCALE/-/O GP1N 24/4-68-3295 h ? ,2.0' • ` WILL/AM O.//8 CHANTAL VAN - CHRISTOPHER RILEY H 7.-1' 2 0 2 STORY BRICK v v - DUESEN - /NST/.20/707/900060530 2 ' FRAME BUILDING N H- /NTS/200604100005337/0 CURVE TABLE - - �./NE TAt9L,E - -_ h. - W� CURVE ARC LENGTH RAD/US DEL TA ANGLE TANGENT CHORD LENGTH--CHORD BEARING LINE BEARING DISTANCE-- - - W 9W' •.I 'ti /2.4' // OJ C/ 8.82' 7.3B'- 68°27%8" 502' 8.30' N 35°3059'W ,L/ N 52°4420'W 125' ' Z 1 . _�- C2 /5.23' - /3.80' 63°/357" 8.50' /4.47' NOB°03'05"W L2 N64°03%3'W /5.89' • ' 4,JO •.'.... O //7'� C3 3.46' /3.93' /4°14'12" /74' 3.45' N 31°03'OB'E L3* S 25°39'07'W /9.54' . B Q'. 22.8'. v C4 . /3.04'. /3.93' 53°37'15' . 7.04' /2.57' N 64°58 52"E L4* N 64°20 53"W 36.55' - - CS 3763' 2774' 77°44'00' 22.35' 34.8/' S 53 29 59'E L5* N 0T°14 53'E /0./6' C6 3.33' /4.93' /2°46 0I° 167' 3.32' S 08'29 34°W L6* N 25°39 07"E 2.35' C7 24.81' /4.93' 95°I3 37' /6.35' 22.05' S 49°43 22°W L 7* N 25°39 07"E 3.96' C8 3.86' 4.82' 45°5136' 2.04' 3.76' S 72°1239'W * DENOTES TIE DIMENSIONS 1 C9 /507' 5.88' /46°5936° /9.83' /I27' S/7°1839°E EXHIBIT A .W.CONCRETE:' CIO 3.56' 5.88' 34°4/%3" 183' 3.50' N73°31'45"E SHOWING ' I DRIVE//AY... CH /9.42' 33.98' 32°4509' 9.99' /9./6' S 69°/055'E \\,' , .•. CIS _ 6.36' 7.09' 51°23'49" 3.4/' •6.15' S24°//'09'E POOL,POOL CONCRETE PAD,FENCE C/3 %5.16 709' 122°34'12' /2.94' /2.43' N62°47'51°E d CONCRETE DRIVE,ENCROACHING INTO THE C/4 C/5 4./5' 6.64' /0104' 2°2/22" 6.50' 2.08' S8°34'44° 364' 4./5' 6.36' N35°44'40'W N 69°33%4'W C/TYS/O'MAINTENANCE EASEMENT ___- - AND- POOL CONCRETE PAD,CONCRETE DRIVE, PIN(F) N 64°20$3'W BO.00' t P/N(F/ LEGEND - - FENCE,FIRE PLACE d WOOD DOCK ----- - I -- -- -- .. /250.64'TO • ENCROACHING INTO THE CUL VEp LN O.O P/N SET HATCH DENOTES AREA • PIN FOUND //^ OF ENCROACHING CONCRETE AREA,5.95 SOFT CITY SUBDIVISION OFASEMENT 0'DRAINAGE $ANpOVA�DRIVE (50'R/W) X COMPUTED POINT \v HATCH DENOTES AREA SOUTH SHORE ESTATES . RED M/LL FARM(PHASE I)' - OF ENCROACHING POOL AREA-95 SOFT V/RGANAA BEACH VIRGINIA BOUNDARY LINE AS SHOWN PLAT REFERENCE,' M.B.23B,PG 60 - ON RECORDED PLAT, o' /o' 2o' ao' T/M,FAL L ON LAND SURVEYING,PL L C -. DATE:05-25-2023 - BUILDING LINE - F l - 15/39 CARROLLTON BL VO, DRAWN BY: AEA • GRAPH ALE:/20' SUITE C,P.O.BOX/89 JOB/2307/ EASEMENT LINE CARROLL TON,VIRG/NIA,233/4 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 I2- day of ,/u 47 , 20 2 3, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and VINCENT PABON and DAISY PABON, 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 "1454" as shown on that certain plat entitled: "SUBDIVISION OF RED MILL FARM SECTION 22 PHASE ONE / SOUTH SHORE ESTATES PRINCESS ANNE BOROUGH — VIRGINIA BEACH, VIRGINIA," Scale: 1" =200', dated July 20, 1994, prepared by Basgier and Associates,- a Professional Corporation, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 238, at pages 60, 61, 62 and 63, and being further designated, known, and described as 920 Sandoval Drive, Virginia Beach, Virginia 23454; WHEREAS, it is proposed by the Grantee to maintain a 43.67 LF and a 33.81 LF 6' wood fence, a 34.8' x 9.1' concrete driveway, 10.7' x 20.1' frame shed, 5.95 sq. ft. of concrete pad, 95 sq. ft. of pool area, a 14' x 7.7' wood dock, and a 166 sq. ft. covered fireplace area, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: 10' CITY OWNED MAINTENANCE EASEMENT (NO GPIN ASSIGNED) 100' CITY - OWNED DRAINAGE EASEMENT (NO GPIN ASSIGNED) 2414-68-4261 (920 SANDOVAL DRIVE) WHEREAS, in maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion existing City easements known as a 100' drainage easement and 10' maintenance easement, collectively the "Encroachment Areas"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Areas. 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 Areas 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 POOL, POOL CONCRETE PAD, FENCE & CONCRETE DRIVE, ENCROACHING INTO THE CITY'S 10' MAINTENANCE EASEMENT AND POOL CONCRETE PAD, CONCRETE DRIVE, FENCE, FIRE PLACE & WOOD DOCK ENCROACHING INTO THE CITY'S 100' DRAINAGE EASEMENT SUBDIVISION OF RED MILL FARM (PHASE I) SOUTH SHORE ESTATES VIRGINIA BEACH, VIRGINIA," Scale: 1" = 20', dated May 25, 2023, prepared by Tim Fallon Land Surveying, PLLC, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. 2 Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Areas 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 City may enter upon the Grantee's property for ingress and egress on an as needed basis in order to monitor Grantee's compliance with the terms of this Agreement, for routine maintenance activities upon public property adjacent to 920 Sandoval Drive, or at any time upon an event of noncompliance with the terms of this Agreement to enforce the terms of this Agreement; provided that City will provide at least ten (10) days' notice of such entry to Grantee, except when there is a threat of imminent harm, personal injury or property damage. City shall not unreasonably interfere with Grantee's use and quiet enjoyment of the Property. Any access authorized by this section shall be limited to the property with a street address of 920 Sandoval Drive. 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 Areas 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. 3 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 attached Exhibit or in 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 4 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, Vincent and Daisy Pabon, 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 } CENT PABON 6()))7 AISY PA N STATE OF VIItGii1- I .Ac CITY/COUNTY OF V ; Fii Cam. e2-e 64ii it: ta- The foregoing instrument was acknowledged before me this 12 day of — JLLy , 202_by Vincent and Daisy Pabon. /71/(egi(se L) Nottlary Public HER ,''%,, Notary Registration Number: �3.3 '7 s '7 ��P Nor �•. �9�' My Commission Expires: I I 3D — 2 3 '�'' coti,' '37r 3 i EkP� � . OZ 11/30 23 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM P IC W R L ESTATE (Zr)plakEYER SENIOR CITY ATTORNEY 7 THIS IS TO CERTIFY THAT I,TIMOTHY M FALLON A LAND SURVEYOR,ON 03-24-2023 SURVEYED THE PROPERTY SHOWN ON THIS PLAT,AND THAT THE TITLE LINES AND THE WALLS OF THE BUILDING ARE AS SHOWN ON THIS PLAY. THE IMPROVEMENTS „OF STAND STRICTL Y WITHIN THE TITLE LINES AND THERE ARE NO ENCROACHMENTS OR VISIBLE EASEMENTS,EXCEPT AS SHOWN /,• THIS SURVEY WAS PERFORMED WITHOUT THE BENEF/T OF A TITLE REPORT AND CONSEQUENTLY MAY NOT DEPICT ALL MATTERS 0= AFFECTING THE TITLE OF T PROPERTY SHOWN. � o TIMOTHY IL FALLON? SIGNED THIS PROPERTY SHOWN ON THIS PLAT APPEARS -11 0 No.1659 P. TO FALL IN FLOOD ZONE X'AND FLOOD ZONE 05-25-2023 TIMOTHY Id.FALLON L/C/I659 AE(EL 3,1'AS SHOWN ON THE FLOOD INSURANCE 06-14-2023 OS' RATE MAP,COMMUNITY 5/553/PANEL 0/386 <4N0 SUR�E{ DATED 0/-/6-20/5 N/F S 64°20 53'£ 80.00' LAKESIDE CONSTRUCTION CORP. ------ -- ----------- (D.B./660 PG.47/ /0'MAINTENANCE EASEMENT r 5'PRIVATE DRAINAGE EASEMENT 5'PR/VA YE DRAINAGE EASEMENT -1 (PER MB.238,PG.60/ (PER MB.238,PG.60/ (PER MB.236,PG.60 1 I I \\I\ Z -- EDGE OF WA TER /'S'2 NEADWAL L 07,-;ziHf•/ -i----_ P/N(FJ /.•/ OAHER'WAL L Ip I /00'DRA/NAGE EASEMENT • (PER M.B.238,PG.60/ FENC�i 20•/' I OUT 0,2',I FRAME ^ p /00'DRAINAGE EASEMENT SEE DETAIL/ O I SHED 79' I IZ j (PER MB.238,PG.601. S 64°2053'E BO.00' - - - 2 I` {1REA�2//SO.Fr -C" LOT 1454 p p ,, GPIN 24/4-68-426/ O'COVEREOm_ v p pp', f/ VINCENT AND DA/SY PABON b F/REPLACE 5.1' 2 p INST/20140922000896950 AREA- b I I 4/66 SO.FTO ~ TI 32 ° 0' °oWt W 41-L9E f OFWy4TE6--- '' --I -, 42i v 78 ' Q 1+4 �/N(Fl I NEADWAL L --' -_ 2 pIJ B I I vWW '2i1sL FRAME 4 0 T/454 SHED GP/N 24/4-68 426/ I 'Z'/ VINCENT AND DAISY PABON FIRE 3' PLACE /0'MAINTENANCE EASEMENT /HST/20/40922000896950 .// (PER MB.238,PG.60 1 I i //�r/ /0'MAINTENANCE EASEMENT v•.' POOL F-- .\\ ���'----if (PER M.B.23B.IPG 60/ _ . • II POOL M 9■ o. h h - 4 LG• CQ PAD.. I01b lV '.COV ETE. ,CONCRETE PAD.-, J a ; J �. ORVE w i. L- y % ,.per y :/ - M l • STEPS L2 00 L4r o W ,,, I�': %'�''"//, '. o ��` - STEPS N N/F . '. i., /i', i 5,9 ' ...III:-.: NF 2 / ♦/J,/ r / / l /JJ 2 LOT/t55 of 32.0'/ /36 3s,/29' g5.. ti LOT/453 .- I7/�p'YV% /.i/r'./1/ ///,/// �jX�r�////1.MhW2.0, In GPIN 24/4-68-5/49 GPlN 24l4-6B-3295 bQ o i WILL/AM O.//9 ChG4NTAL VANDETAIL I SCALE/'•(0' CHR/STOPHER R/LEY cy €;: 20' 2 STORY BRICK Q v DUESEN INST/20/707/900060530 2 •::.:,L FRAME BUILDING of ',i.� INTS/200604100005337/0 LINE TABLE /920 `�' 1''t W N S'URVE TABLE �o 11 it' CURVE ARC�ENGT// RADIO' p�L Yd ANGLE TANGENT CHORD LENGTH CHORD SEAR/NG 4/NE Brq NC tll$YANCE pr .:I• N /2.4' //^"' o CI B,B2 7.38r 6B•P7YB' 5.02' 8.30' N33°3059'W L/ NSP'4t'SO W L25` ' 9,9' - C2 15.23' /3.80' 63°/357' 8.50' /4.47' N08°0305'W L2 N64°03'13'W /5.89' �t' 1`o o I/7a C3 3.46' /3.93' /4•I4/2' •L7t' 3.45' N3/•0308'E L3K S23°J907'W /9.54' !/ 22,8' vI C4 /3.04' /393' 53•37%5' 7.04' /2.57' N64.585P'E L4* N64.2053'W 36.55' 7 C5 37.63' 27.74' 77.44 00' 22.35' 34.8/' S 53029'59'E L 5* N 07.N'5'E 10./6' l C6 3.33' 14.93' /2'46 0I' L 67' 3.32' S 08•29 34'W L6* N 25.3907'E P.35' C7 24.B/' /4.93' 95•I3 37' /6.35' 22.05' S 49°43 22'W L 7* N 25.39 07'E 3.96' CB 3.86' 4.82' 45.5/36' P.04' 3.76' S 72'/!39'W DENOTES TIE DIMENSIONS L C9' /5.07' 5.88' /46°59 3 /1 11 6' /9.83' 27' S/7°/8 39'E \o;CONCRETE: I CIO 3.56' 5.88' ' 34..03' /83' 3.50' N 73°31'45'E EXHIBIT A :;ORlV£k :r-,: C// 19.42' 33.98' 32•4509' 9.99' /9./6' 569•10'55'E SHOWING C/2 6.36' 709' 51°2349' 3.4/' 6.15' S 24•11'09'E POOL,POOL CONCRETE PAD,FENCE ;. , , CI3 1516' 7,09 /22 34%2 /2.94' /2.43' N 62°475/E 8 CONCRETE DRIVE.ENCROAC/NN6 INTO THE CI4 4.15' /0104' 2.2/22' 2OB' 4.15' N 35°44 40'W CITYS /N H. /O'MATENANCE EASEMENT - --- • I ^ __- _- C/5 6.64' 6.50' 58.34 44' 3 64` 6.36' N 69.33%4'W - AND P/N./F/ N 64°20 53'W BO.00' 1 P/N/F/ LEGEND POOL FENC CONCRETE PLACE B C000 DOCKVE I /250.64'TO ENCROACHING GITO THE CUL VER LN 0 PIN SET HATCH DENOTES AREA ��/� Gays/DO'DRAINAGE EASEMENT 8AN40VAL DRIVE • PIN FOUND OF ENCROACHING CONCRETE AREA•5.95 SOFT SUBDIVISION OF (50'R/W) X COMPUTED POINT RED MILL FARM(PHASE O i\\\\\v HATCH DENOTES AREA SOUTH SNORE ESTATES \ V OF ENCROACHING POOL AREA-95 SOFT BOUNDARY LINE AS SHOWN V/R6NL1 BEAC/1(Vi96iN11 PLAT REFERENCE: M.B.238,PG.60 ON RECORDED PLAT 0' to' 20' 40' '' T/M FALLON LAND SURVEYING,PLLC DATE:OS-PS-POPS 15/39 CARROLLTON BL VD, BUILDING LINE I �m IP.O.BOX SUITE C,P 189 DRAWN BY: AEA GRAPHIC SCALE.•heo' CARROLL TON,.O. IA,233/4 JOB/23071 ' EASEMENT L/NE /As, . 7 --, ..,.. 1 . , .. , i : --,,,, / . , _ N litt- 7/ 4 ot, • ic'' • W E , /11:0?:41, tit ' 144 uu 'y+ 'J / or'., ' lc . ‘,. ' , . , ' ' e 1- . /.4. ,, :- - 4,1 ,4 / .... t'fit(fiti ''1' ' ''"' SP i N / ,i,-• ' fl .4i . ilk '' 4 , 4,,,.. /d -4.44"4,-.5.4...* 1 t - • \ . j- 1.• 1.44' \ ...171 t .i'411.7L, : i %lib, i irr , / 4.t. P •;./ • ir / ,4,- *,::„7,...4441 l''' ' F 10' Mai e _.±e EasmCnt ,'07 • , , Our 41!. %, / • , (I e /if 9 • ink A � ., . . N14 y .-/ tip 7 L y A ^ �` Nir: ,.) ly. 1 4 C44 / -'4114, -' ri 7.f ,........,, , , . . . t.,,,,,,,, ...... ,. Ir. ,...it ,..„ ..,-4, ..., .. . „..,. , , ...„. (,,,, '' . .., ., , . „, ,.. , , , -,? ,.3 - - ,**.411k,,, ,,,,. ,, r , 1 ,-_, 4,-.4.,......., elV4611t _ a t.-,, . 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' • .• . - . ,-: .' r' • . . . . , - . . . , \,••-;-k. . ,.' - ,1 . •. . )L,st 'IA '. . •'. ..,. , .• . , • : • J 1 . . . .7 , , ''..'. • \ ' . . • ' ' .......$0,. i . i,,..3•• . f.. .,., . • ,4' .• •lif ' ; - 1,' ' • .••'- # . . ,„.. . . ,... • .. • . !'...1 ''''t• C- t, .i ' ./ J? •. . .r.. , . ,•. , f 77 0 ' • i .. • , • - / ;/. 4!..-:g;,4,14,3',fi,";fr ' . • '. / // i \-:'• ',. • ' .r.• . . • . ....- / / /,1 '• ' . ,...., .4 , . •/ . , . :.•••;•. i . • ' -it • , I,' , . II N j . ,... . •... , t -- . .. ' .,i.4. • .f Disclosure statementJ, { F CU i'jo�Tu rt182:QuGt• S L r, j{c5 t !' S43it1L 41, P.P.un / u 'Tt r.ne .r�F 5 ( ..9 �. F `1 S'� t .t ? .a�z ti, � ,,,,. Y 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 s � � � 66 Does the applicant have a representative? 0 Yes O e If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ® Yes L'!N® • 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 y is also a controlling owner in the other entity,or{Hi}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 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: Revised 11.09.2020 P a g e Disclosurf h1 L s� _ • i�• ,t h J..t} r r .K _ Liytf l►G{�Il{I(1rQh[c '1 r - .i ,.i ' ;;~1 [� `- :i 'STi''af��h _�.+, `�'� 1 a'iy }{ 1�.,�a TT-� � l a ..-✓a 3 ai tf' a 4 Known Interest by Public Official or Employee Does an official or employee of the City of 1li,rginla Reach rave an interest in the subject land or any proposed development contingent on the subject public action?MYesa • 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-coliateraiization,etc)or are they cchnsidering any financing in connection with the subject of the application or any business operating or to be operated on the property? [des ID No s If yes,identify the financial institutions providing the service. amass' deli•n4p'4 ae,&40f,-e de Ce/. .?� 42ieic lb �,� 9 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? El Yes D1io • 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?0 Yes Rao ® 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 a if yes,identify the firm and individual providing the service. S. Is there any other pending or proposed purchaser of the subject property?® Yes 6C© • If yes,identify the purchaser and purchaser's service providers. 2P a a e Revised 11.09 202a • 3 Statement + 4 • r (,.�i '"�'�'.�}'� df� '.'` • 1 Development y -r 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?des ❑ No * if yes,identify the company and individual providing the service. 4e7i4) 4,,e-orde‘exby- C.S4/4 efizgieie.) 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 o • 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 o * If yes,Identify the firm and individual providing the service. Aopigcant 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 Ctiuncil,VBDA,CpAA,Wetlands Board or any public body or committee in connection with this application. It ' Allaf00 Applicant Signature '11s - dr- ASodti 637,61,-(-)e,6' print hie rn and jitle ,0,,,,7202 Date is the applicant also the owner of the subject proper? D �9© e If yes,you do not need to fill out the owner disclosure staternent. :!';err'4n7n-7S`P.-_,.:�.,,',^t�.ba T?+_.6h,1''��{„`y(h4 �,�sFr.•��'.,"t,:�:�i.,br(o i.f_"4[pefti,�-_�wx4;.-,'S,",,.4�>�.a c j-;�4/S..t,1'tiCa^I nvei.A Y_hn,'�`—fe•.;..i°''..,«•q1,.',.s.:•E 7..+.0-.-r,-_�:,,.y�-,..y4,_1L:�l-,t.y,.X•i r'7",s`,��,s. w NP *"oT:1,g4111n,1,),," rrIOSy{ " "r Y•ri= r 04" , 44 « . No cha �®s�s�� Sere 1 croDet Print N rna Revised.11.09.2020 3 P a g e GT:T vw� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $1 .2 Million of Fund Balance in the General Fund to Capital Project #100175, "Fire Apparatus IV" MEETING DATE: August 8, 2023 • Background: The Fire Apparatus Capital Project (#100175)within the Buildings and Assets Section of the Capital Improvement Program (CIP) funds the replacement of older assets through the purchase of new fire apparatus. Vehicles to be replaced are identified in a long-term replacement schedule. The Fire Department, in collaboration with the City Garage, identifies equipment that has exceeded or is approaching the end of its useful life. This equipment requires replacement to ensure efficiency and safe delivery of services that are dependent upon these vehicles and equipment. The Fire Department uses the following lifespan guidelines for its heavy apparatus: • fifteen years of front-line use and five years of reserve use for pumper/engine, tanker trucks, and quint engine trucks; and • ten years of front-line use and five years of reserve use for ladder trucks. New federal emissions standards and new National Fire Protection Association (NFPA) apparatus requirements have increased the cost of apparatus and caused delivery delays from the manufacturers. Due to these increased costs, the "Fire Apparatus IV" project received an additional $805,000 in FY 2023-24 and the programmed out-years of the CIP. This project now has programmed funding of $2.3 million annually to replace apparatus that has exceeded or is approaching the end of its useful life. Since the creation of the FY 2023-24 budget, the cost and lead times for the purchase of apparatus has increased significantly. For example, a ladder truck that cost$805,000 in November 2022, now costs in excess of $1.2 million. Though an additional $805,000 was programmed annually for the project, the out years of the CIP (FY 2024-25 through FY 2028-29) are not appropriated and therefore cannot be used to issue a purchase order for the purchase of additional trucks. Appropriation of an additional $1.2 million will allow the department to order additional equipment this fiscal year. • Considerations: Approving this request will enable the City Garage and the Fire Department to place orders for the replacement equipment needed in the next two years. However, because this issue is expected to continue into the future, funding discussion will need to take place in the next budget process. Following this action, the fund balance of the General Fund will remain within the established 8-12% policy. As the City is still in the FY 2022-23 closeout period, the exact percentage will be reported to the City Council at a later date. The estimated fund balance percentage as of the adoption of the FY 2023-24 Operating Budget is 9.97%. • Public Information: Normal City Council agenda process. • Attachments: Ordinance Recommended Action: Approval. Submitting Department/Agency: Public Works and Fire Department City Manager:/ ,9 1 AN ORDINANCE TO APPROPRIATE$1.2 MILLION OF FUND 2 BALANCE IN THE GENERAL FUND TO CAPITAL PROJECT 3 #100175, "FIRE APPARATUS IV" 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 $1.2 million of fund balance in the General Fund is hereby appropriated, with 9 revenue increased accordingly, to Capital Project #100175, "Fire Apparatus IV", to allow 10 placement of equipment orders. 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: udget a Management Services tt ney's Office 9 9 Y CA16221 R-1 July 26, 2023 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funds from the Fund Balance of the Tourism Investment Program Fund and to Authorize City Staff to Make Payment to ESM VBSC, LLC, in an Amount of $1,164,299 Subject to the Conditions Provided Herein MEETING DATE: August 8, 2023 • Background: The City of Virginia Beach began construction of the 285,000 sq ft Sports Center (the "Facility") in 2018. The design and construction of the $68 million Facility occurred in tandem with ESM VBSC, LLC, a private operator (the "Operator"), who was selected through a competitive process to operate and maintain the Facility upon completion. The City pays the debt services for the Facility, approximately $6 million a year, from the Tourism Investment Program Fund or TIP Fund. The Facility opened in October of 2020. As set forth in the Operating Agreement between the City and the Operator, once the Facility is open, the Operator is to use the gross revenues generated by the Facility to pay the operating expenses of the facilities. After the payment of operating expenses, the Operator is entitled to pay its parent company, Eastern Sports Management, a management fee ($30,000/ month) and incentive fee (percentage of gross revenue)from the operating accounts of the Facility. Since opening and based on reports provided to date, the Facility has not been able to operate with a positive cash flow. Certain revenues —food and beverage and league/club programming — have not performed near the pro forma in the Operating Agreement (Exhibit B). As provided in the Operating Agreement, the City funded a $750,000 Operating Reserve. This Operating Reserve has been drawn down. After an audit by the City Auditor, the City issued a probationary letter to the Operator noting deficiencies in quarterly reviews. That probationary period is six months from the date of issuance, June 7, 2023. On June 14, 2023, the City received a demand letter from the Operator seeking payment of certain amounts totaling $1,164,299. Although the Operating Agreement includes a non-appropriation provision, the Operating Agreement includes a provision for the City to provide funds when the operating accounts have insufficient funds. Subsequent conversations with the Operator have brought to light the existence of certain unpaid invoices owed to event promoters for ticket/gate receipts, and the City is acutely interested in having this issue be remedied. ■ Considerations: The attached ordinance provides the demanded $1,164,299, but because the Operating Agreement requires the management fee and the incentive fee to be paid from operating accounts, the payment by the City will be in the form of replenishing the operating accounts based on Section 5.3 of the Operating Agreement. Section 5.3 sets forth a process by which the City may elect to advance funds when there are insufficient funds. Therefore, the funds are to be provided subject to the following conditions: a. The Operator shall provide a six-month plan to increase revenues or decrease expenses such that the operating expenses of the Center are met and any funds advanced by the City are returned. Such six-month plan shall not anticipate or require a renegotiation of the Operating Agreement or any material terms contained therein. If Operator fails to meet the expenses of the Center after six months from the receipt of these funds, the City will deem such an occurrence an Event of Default as contemplated by Section 8.1 of the Operating Agreement. b. Payment of the incentive fee shall be suspended until all funds provided by the City to remedy the insufficient funds are returned to the City by the Operator. c. The Operator shall provide evidence to the City that any current amounts due to event promoters for ticket/gate receipts have been remitted to the promoters within 10 days of the provision of the funds or such funds have been promptly placed in an escrow account for the benefit of the event promoters. The ordinance requires this to be the first use of the funds and subjects the entire $1,164,299 to claw back if such amounts are not paid. d. The Operator shall provide the City with assurances that any current or future ticket/gate receipts held for the benefit of event promoters are placed in custodian accounts and not comingled with facility operating accounts. The ordinance directs the City Manager, with the assistance of the City Attorney, to make these conditions a requirement to the advancement of funds to the Operator. The funds will not be advanced unless the Operator has agreed, in writing, to the conditions. This action is necessary to allow the Facility to continue its current operations. The economic impact of cancellations, although not exactly known, are believed to be significant. Moreover, the City desires to allow the Operator the opportunity to construct a six-month plan and see such plan through. • Public Information: Normal Council agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Convention and Visitors Bureau City Manager:A9 1 AN ORDINANCE TO APPROPRIATE FUNDS FROM THE 2 FUND BALANCE OF THE TOURISM INVESTMENT 3 PROGRAM FUND AND TO AUTHORIZE CITY STAFF TO 4 MAKE PAYMENT TO ESM VBSC, LLC, IN AN AMOUNT OF 5 $1,164,299 SUBJECT TO THE CONDITIONS PROVIDED 6 HEREIN 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA, THAT: 10 11 1. $1,164,299 is hereby appropriated from the fund balance of the Tourism 12 Investment Program Fund to the FY 2023-24 Operating Budget of the Convention 13 and Visitors Bureau to address insufficient funds in the operating accounts of the 14 Virginia Beach Sports Center subject to the following conditions: 15 a. As set forth in Section 5.3 of the Operating Agreement, such funds are provided 16 to address a shortfall in operating accounts. ESM VBSC, LLC shall provide a 17 six-month plan to increase revenues or decrease expenses such that the 18 operating expenses of the Center are met and any funds advanced by the City 19 are returned.Such six-month plan shall not anticipate or require a renegotiation 20 of the Operating Agreement or any material terms contained therein. If ESM 21 VBSC, LLC, fails to meet the expenses of the Center after six months from the 22 receipt of these funds, the City will deem such an occurrence an Event of 23 Default as contemplated by Section 8.1 of the Operating Agreement. 24 b. As further provided by Section 5.3 of the Operating Agreement, as amended 25 by Amendment 1, payment of the Incentive Fee shall be suspended until all 26 funds provided by the City pursuant to this action are returned to the City by 27 ESM VBSC, LLC. The City acknowledges ESM VBSC, LLC, is entitled to any 28 Incentive Fee earned prior to the City's election to provide additional funds for 29 the Sports Center operating accounts. 30 c. ESM VBSC, LLC, shall provide evidence to the City that any current amounts 31 due to event promoters for ticket/gate receipts have been remitted to the 32 promoters within 10 days of the provision of the funds authorized herein or such 33 funds have been promptly placed in an escrow account for the benefit of the 34 event promoters. Honoring the ticket/gate receipts shall be the first use of the 35 funds authorized herein, and the failure of ESM VBSC, LLC, to make such 36 payments shall subject ESM VBSC, LLC, to the immediate claw back of the 37 entire $1,164,299 authorized by this ordinance. 38 d. ESM VBSC, LLC, shall provide the City with assurances that any current or 39 future ticket/gate receipts held for the benefit of event promoters are placed in 40 custodian accounts and not comingled with facility operating accounts. 41 42 2. The City Manager, with the assistance of the City Attorney, shall forthwith 43 communicate the requirements of the provision of the funds provided herein, and 44 the funds shall be advanced to ESM VBSC, LLC, only after ESM VBSC, LLC, has 45 agreed, in writing, to such conditions. 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 the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget and Ma agement Services City Attorney's Office CA16218 R-2 July 31, 2023 ii CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Designating Corporation Lane as "ZIM Avenue" MEETING DATE: August 8, 2023 • Background: ZIM American Integrated Shipping Services Co., LLC, a subsidiary of publicly held Israeli international cargo shipping company ZIM Integrated Shipping Services Ltd., will invest approximately $30 million to relocate to Virginia Beach and expand its U.S. headquarters. Virginia successfully competed with other states for the project, which represents several hundred jobs over the next five years. ZIM has purchased a first-class office building, which will serve its growing shipping business in the U.S., reflecting ZIM's commitment to the North American market and to the expansion of its capacity in the region with their new LNG- Green Energy vessels fleet. ZIM's expanded operation will strengthen supply chain infrastructure in the region and in the Commonwealth, and as a leading carrier in the global container shipping industry, they will provide a vital service to our maritime community. e Considerations: In appreciation for ZIM's decision to relocate their U.S. headquarters to Virginia Beach, the City Council desires to designate Corporation Lane as "ZIM Avenue." This resolution makes that designation and directs the erection of appropriate signage. This designation is similar to the action the City Council took in 2017 when it designated Virginia Beach Boulevard in memory of Dr. Martin Luther King. As is the case with the Virginia Beach Boulevard, the name of the street will not change—Corporation Lane will continue to be the legal name of the street for postal mail and all other purposes. E Public Information: Public information will be provided through the normal Council agenda process. ® Attachments: Resolution Recommended Action: Approval Submitting Department/Agency: Economic Development City Manager: pf) 1 A RESOLUTION DESIGNATING CORPORATION LANE AS 2 "ZIM AVENUE" 3 4 WHEREAS, ZIM American Integrated Shipping Services Co., LLC, a subsidiary 5 of publicly held Israeli international cargo shipping company ZIM Integrated Shipping 6 Services Ltd., will invest approximately $30 million to relocate to Virginia Beach and 7 expand its U.S. headquarters; 8 9 WHEREAS, Virginia successfully competed with other states for the project, 10 which represents several hundred jobs over the next five years; 11 12 WHEREAS, ZIM has purchased a first-class office building, which will serve its 13 growing shipping business in the U.S., reflecting ZIM's commitment to the North 14 American market and to the expansion of its capacity in the region with their new LNG- 15 Green Energy vessels fleet; 16 17 WHEREAS, ZIM's expanded operation will strengthen supply chain infrastructure 18 in the region and in the Commonwealth, and as a leading carrier in the global container 19 shipping industry, they will provide a vital service to our maritime community; and 20 21 WHEREAS, in appreciation for ZIM's decision to relocate their U.S. headquarters 22 to Virginia Beach, the City Council desires to designate Corporation Lane as "ZIM 23 Avenue;" 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 26 OF VIRGINIA BEACH: 27 28 That the City Council hereby designates Corporation Lane as "ZIM Avenue" and 29 hereby directs the City Manager to cause signs to be erected at the lane's intersections 30 with Constitution Drive. 31 32 Adopted by the City Council of the City of Virginia Beach, Virginia, this 33 day of , 2023. APPROVED AS TO CONTENT. APPROVED AS TO LEGAL SUFFICIENCY: Economic D velopment Department City Attorney's Offi CA16208 R-3 July 25, 2023 Olreik 1(411 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Donate 210 Crime Scene Cameras to the Serendipity Wildlife Foundation MEETING DATE: August 8, 2023 • Background: The Virginia Beach Police Department (VBPD) would like to donate 210 crime scene cameras to the Serendipity Wildlife Foundation, a California non-profit corporation. The Foundation has a program to combat poaching and wildlife crimes occurring in Kenya, Sri Lanka, and south Asia, and these cameras may be of use for this purpose. Previously, VBPD officers were issued point-and-shoot cameras to document minor crime scenes occurring within the City. With the implementation of the department- issued phone to officers, the cameras become obsolete. The issued phones can accomplish the same task, are more convenient, and link to the Axon records management system. Point-and-shoot cameras are generally becoming obsolete; however, they still have a use in remote areas where wildlife crimes occur and are documented. • Considerations: The VBPD has updated technology and capabilities for photography rendering these point-and-shoot cameras obsolete for VBPD use. The approximate value of each camera is $10, so a surplus auction likely would not offset the cost of such auction. The cameras will be provided in an "as is, where is" condition. • Public Information: Normal Council Agenda process. • Recommendation: Adopt the attached ordinance. • Attachments: Ordinance; Disclosure Recommended Action: Approval Submitting Department/Agency: Police Department City Manager:0)9 1 AN ORDINANCE TO DONATE 210 CRIME SCENE 2 CAMERAS TO THE SERENDIPITY WILDLIFE 3 FOUNDATION 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That the City Council hereby authorizes the donation of 210 crime scene cameras 9 owned by the Police Department to the Serendipity Wildlife Foundation, a California non- 10 profit organization. The devices are to be donated in "as is, where is" condition. 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: udg t anti Management Services C. torney's ffice CA16219 R-1 July 26, 2023 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: Serendipity Wildlife Foundation SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) ❑ m Accounting and/or preparer of your tax return None Financial Services (include ❑ lending/banking institutions and Chase Bank current mortgage holders as applicable) ❑ Legal Services None ■ n Broker/Contractor/Engineer/Other US AID. Service Providers Loisaba Conservancy, Kenya CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. Ravi Perera (CEO) 7-27-2023 APPLICANT'S SIGNATURE PRINT NAME DATE sty yv CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Donate Four Alternate Light Sources to the Hampton Police Department and the Franklin County Sheriffs Office MEETING DATE: August 8, 2023 • Background: The Virginia Beach Police Department (VBPD) is requesting to donate four (4) alternate light source (ALS) units in the following amounts: two units to Hampton Police Department; and two units to the Franklin County Sheriffs Office. The Forensic Services Unit was fortunate to recently capitalize on Byrne JAG grant funding to purchase updated alternate light sources that aid in locating and observing various types of evidence. Notably, these new ALS units are utilized to visualize biological fluid stain in sexual assault cases and gunshot residue particles in shooting incidents. The ALS units can also capture photographs of latent fingerprints on various items of evidence encountered during investigations. Increased technology and LED lighting have led to the VBPD to update ALS units to increase capabilities of our crime scene investigators. The new units replace units that were over 14 years old. The previous units were well maintained and are still functional. As such, these would be a great addition to a local jurisdiction's forensic unit that does not currently have ALS capabilities. VBPD is requesting permission to donate two units to Hampton PD and two units to Franklin County Sheriffs Office, both of which expressed interest in receiving the units. • Considerations: The VBPD replaced these ALS and is no longer using them. The approximate value of each unit is $750. The ALS units will be provided in an "as is, where is" condition. • Public Information: Normal Council Agenda process. • Recommendation: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager:p 1 AN ORDINANCE TO DONATE FOUR ALTERNATE LIGHT 2 SOURCES TO THE HAMPTON POLICE DEPARTMENT 3 AND THE FRANKLIN COUNTY SHERIFF'S OFFICE 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That the City Council hereby authorizes the donation of two alternate light sources 9 owned by the Virginia Beach Police Department to the Hampton Police Department and 10 two alternate light sources owned by the Virginia Beach Police Department to the Franklin 11 County Sheriffs Office. The equipment will be provided in "as is, where is" condition. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2023. APPROVED AS TO CONTENT: APPRQVED AS TO LEGAL SUFFICIENCY: gal/4, Bud et and Management Services or Y ' O ice CA16220 R-1 July 26, 2023 C 1, CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate State Funds to the Department of Human Services for the Permanent Supportive Housing Program MEETING DATE: August 8, 2023 • Background: The Department of Human Services (DHS) was awarded additional funding from the Virginia Department of Behavioral Health and Developmental Services (DBHDS) to support unmet needs in the existing Permanent Supportive Housing (PSH) program. The PSH program provides housing assistance to individuals with a serious mental illness who have low income and meet other eligibility criteria. DBHDS recognizes the importance of affordable housing for this population and intends to disperse one-time funding to provide additional support for the PSH program. • Considerations: DHS has been awarded $506,748 in one-time state funding by DBHDS to support the PSH program. The state funds will be restricted for PSH utilization. The City's PSH program is recognized for its positive outcomes and housing stability success rate. The additional DBHDS funding will help cover rising costs related to housing and program expenses. • Public Information: Normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manager: 410, 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 STATE FUNDS TO THE DEPARTMENT OF HUMAN 3 SERVICES FOR THE PERMANENT SUPPORTIVE 4 HOUSING PROGRAM 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $506,748 is hereby accepted from the Virginia Department of Behavioral Health 10 and Developmental Services and appropriated, with revenue from the Commonwealth 11 increased accordingly, to the FY 2023-24 Operating Budget of the Department of Human 12 Services for the Permanent Supportive Housing Program. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2023. Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget and anagement Services it for ey's Office CA16214 R-1 July 25, 2023 11 �7 !04 �) yr CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds in Preparation of the Activation of the Federal Emergency Management Agency Urban Search and Rescue Task Force Virginia Task Force 2 MEETING DATE: August 8, 2023 • Background: The Virginia Task Force 2 is a part of the Federal Emergency Management Agency Urban Search and Rescue Task Force. The purpose of this specialized team and its highly trained individuals is to assist localities that have been devastated by a catastrophic disaster, natural disaster, terrorist incident, or other such incident or disaster. The team is made up of a core group of individuals trained specifically to handle such emergencies. After receiving activation orders, the task force is expected to be ready to deploy within six hours. Significant costs are incurred shortly after activation and enroute to the event. The Fire Department's General Fund Budget cannot afford to support these costs. The annual FEMA Cooperative Agreement Grant is utilized to support the day-to-day administrative expenses, training and equipment needs of Virginia Task Force 2. This funding is not awarded to support deployment costs. The Fire Department is requesting that $500,000 in estimated revenue from the Federal Emergency Management Agency be appropriated in preparation of deployments that it expects will occur during FY 2023- 24. • Considerations: Upon the acceptance of task force activation orders, FEMA authorizes funding to reimburse sponsoring agencies for equipment, supplies, and personnel costs incurred while responding to the event. As the sponsoring agency, the Fire Department is responsible for the administrative and fiscal management of the team and its assets. The department has 90 days after the task force returns from their mission to submit a reimbursement claim. Historically, it takes between nine to twelve months for FEMA to review the reimbursement claim and provide payment. • Public Information: Normal City Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager: 00 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS IN PREPARATION OF THE ACTIVATION OF 3 THE FEDERAL EMERGENCY MANAGEMENT 4 AGENCY URBAN SEARCH AND RESCUE TASK 5 FORCE VIRGINIA TASK FORCE 2 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 $500,000 is hereby appropriated, with federal revenue increased accordingly, to 11 the FY 2023-24 Operating Budget of the Virginia Beach Fire Department in anticipation 12 of activation orders during the current fiscal year. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2023. Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget and Management Services tto ey s Office CA16210 R-1 July 25, 2023 C 1 .4i CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Accept and Appropriate $254,870 from the Virginia Department of Fire Programs for Various Fire Department Needs MEETING DATE: August 8, 2023 • Background: Each year during the budget development process, the Fire Department estimates the amount of Aid to Localities (ATL) Grant funding that will be received from the Commonwealth. ATL provides Virginia cities, towns, and counties with population-based funds to pay for training, construction of training centers, firefighting equipment, and protective clothing. In FY 2023-24, the Adopted Budget included $1,848,423 in estimated revenue from the ATL Grant program. An additional $220,321 was allocated to the Fire Department by the Virginia Department of Fire Programs, which brings the total FY 2023-24 grant award to $2,068,744. The Virginia Department of Fire Programs also awarded up to $34,549 to the Fire Department as part of their Live Fire Training Structure Grant Program. This will be utilized for required maintenance and repairs to the live fire training building at the Harry E. Diezel Fire Training Center. • Considerations: ATL Grant funds support the purchase of personal protective apparel, equipment, training, and community outreach activities aimed at educating the public on fire safety. The live fire training building is an integral part of the training curriculum for fire fighter recruits. This funding will support repair work to extend the life expectancy of the building. • Public Information: Normal City Council agenda process. • Recommendations: Adopt the attached budget amendment. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager:/i/j)9 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $254,870 FROM THE VIRGINIA DEPARTMENT OF 3 FIRE PROGRAMS FOR VARIOUS FIRE 4 DEPARTMENT NEEDS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1) $220,321 of additional Aid to Localities Grant funding is hereby accepted from 10 the Virginia Department of Fire Programs and appropriated, with revenue from 11 the Commonwealth increased accordingly, to the FY 2023-24 Operating 12 Budget of the Virginia Beach Fire Department to support the purchase of 13 personal protective apparel, equipment, training, and fire education outreach. 14 15 2) $34,549 is hereby accepted from the Virginia Department of Fire Programs and 16 appropriated, with revenue from the Commonwealth increased accordingly, to 17 the FY 2023-24 Operating Budget of the Virginia Beach Fire Department for 18 repair work to the City's live fire training building. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2023. Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: iy1 �. Budget and Management Services r Mr--fice CA16211 R-1 July 25, 2023 asp''"��� f� �u S1 o�M,� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds to Support the Fire Department's Technical Rescue Team and Hazmat Response Team MEETING DATE: August 8, 2023 • Background: Each year the City of Virginia Beach receives funding from Virginia Department of Emergency Management to support technical rescue response and hazmat activities. This funding is pass-through grant funds originating with the United States Department of Homeland Security. There are two grants. The first is a $44,500 grant for the Fire Department's Technical Rescue Team. The second is a $14,500 grant for the Fire Department's Hazmat Response Team. • Considerations: The Technical Rescue Team grant funds will be used to purchase rescue equipment, personal protective equipment, and to assist with funding a regional training exercise. The Hazmat grant funds will be used to purchase an in-suit communications system used by hazmat responders, replacement of personal protective equipment, specifically hazmat boots and gloves, and liquefied petroleum gas emergency mitigation equipment materials. There is no local match required for either grant. • Public Information: Normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS TO SUPPORT THE FIRE 3 DEPARTMENT'S TECHNICAL RESCUE TEAM AND 4 HAZMAT RESPONSE TEAM 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 1) $44,500 is hereby accepted from the Virginia Department of Emergency 10 Management and appropriated, with federal revenue increased accordingly, to 11 the FY 2023-24 Operating Budget of the Fire Department for its Technical 12 Rescue Team to purchase rescue equipment, personal protective equipment, 13 and to assist with funding a regional training exercise. 14 15 2) $14,500 is hereby accepted from the Virginia Department of Emergency 16 Management and appropriated, with federal revenue increased accordingly, to 17 the FY 2023-24 Operating Budget of the Fire Department for its Hazmat 18 Response Team to purchase an in-suit communications system used by 19 hazmat responders, replacement of personal protective equipment, and 20 liquefied petroleum gas emergency mitigation equipment materials. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2023. Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 'rJ ' udget and Management Services City fforne s Office CA16213 R-1 July 25, 2023 i�t s, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds and to Authorize a Local Match to Purchase 200 Smoke Alarms Designed to Assist Deaf and Hard of Hearing Residents MEETING DATE: August 8, 2023 • Background: In January 2022, the Virginia Beach Fire Department applied for the FY 2021 Department of Homeland Security's Fire Prevention and Safety Grant. The City was notified in May 2023 that the grant application was approved in the amount of $36,307.61 with a required match of $1,815.39. • Considerations: FY21 Fire Prevention and Safety grant funds will be utilized to purchase 100 strobe light smoke alarms and 100 bed-shaker alarms to provide fire protection equipment to deaf and hard of hearing persons residing in Virginia Beach. The required match will be funded using the department's Fiscal Year 2023-24 General Fund Budget. • Public Information: Normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS AND TO AUTHORIZE A LOCAL 3 MATCH TO PURCHASE 200 SMOKE ALARMS 4 DESIGNED TO ASSIST DEAF AND HARD OF 5 HEARING RESIDENTS 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 1) $36,307.61 of Assistance to Firefighters Grant funding is hereby accepted and 11 appropriated, with federal revenue increased accordingly, to the FY 2023-24 12 Operating Budget of the Fire Department to purchase 200 smoke alarms 13 designed specifically to assist deaf and hard of hearing residents. 14 15 2) A required match of $1,815.39 is hereby authorized to be provided from the 16 General Fund contribution to the FY 2023-2024 Operating Budget of the Fire 17 Department. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2023. Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services tt rney's Office CA16212 R-1 July 25, 2023 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate a Donation of $33,933 from the Virginia Beach Library Foundation to Purchase a Self-Service Laptop Dispenser for the Meyera E. Oberndorf Central Library MEETING DATE: August 8, 2023 • Background: The Department of Public Libraries ("VBPL") desires to make library spaces at the Meyera E. Oberndorf Central Library more versatile through the implementation of a self-service laptop dispenser. This two-phase initiative will allow customers to use circulating laptops anywhere in the building, which provides customers with flexibility in how they use VBPL's public computers. To fulfill this initiative, the Virginia Beach Library Foundation has approved a donation to the City in the amount of$33,933, and these funds will purchase a self-service laptop dispenser for the Central Library. The first phase of this initiative was an upgrade of twelve desktop computers in the public computer lab to laptops. This task was completed in FY 2022-23 using computer replacement funds. The second phase is the self-service dispenser. This is a sleek, free-standing device that stores, charges, and circulates laptops. It will not require staff assistance and will communicate directly with the library's Integrated Library System to confirm customers' eligibility to checkout a device. Customers will be able to use the circulating laptops in all areas of the library, including private meeting rooms where they can participate in interviews, business meetings, and classes. Laptops will remain within the facility and will not be checked out to be taken off-campus. By converting the public computer lab desktops, VBPL will be able to repurpose the computer lab as a flexible space that can be booked for programs and computer classes. • Considerations: The Virginia Beach Library Foundation is donating the funds to VBPL for the purchase of the self-service laptop dispenser rather than purchasing the equipment and donating it to VBPL. Therefore, this dispenser will be a City asset. The laptop dispenser must be connected to the City network in order to communicate directly with VBPL's Integrated Library System, and only City assets can be connected to the network. • Public Information: Normal Council agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting De• . rtment/Agency: Department of Public Libraries City Manager: 'i, 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A 2 DONATION OF $33,933 FROM THE VIRGINIA BEACH 3 LIBRARY FOUNDATION TO PURCHASE A SELF-SERVICE 4 LAPTOP DISPENSER FOR THE MEYERA E. OBERNDORF 5 CENTRAL LIBRARY 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 $33,933 is hereby accepted from the Virginia Beach Library Foundation and 11 appropriated, with revenues increased accordingly, to the FY 2023-2024 Operating 12 Budget of the Department of Public Libraries to purchase a self-service laptop dispenser 13 for the Meyera E. Oberndorf Central Library. 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: _/V-/ udge and Management Services • orn 's Office CA16223 R-1 July 26, 2023 [ r---,.._..,..,,, ...., (1;r4°-'11F-.4\7' 1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds from the Virginia Department of Historic Resources and to Authorize a Grant Match MEETING DATE: August 8, 2023 • Background: The Virginia Department of Historic Resources (DHR) administers the U.S. Department of the Interior's (DOI) Historic Preservation Fund (HPF) in cooperation with the National Park Service. Under this program, the DOI specifies that at least ten percent of Virginia's annual HPF program award must be designated as pass- through funding to Certified Local Governments (CLG) each year. Virginia Beach is a CLG and is eligible to apply for these funds. The Department of Planning and Community Development submitted a CLG grant application in April 2023. A letter was received from DHR on July 20, 2023, to notify the City that a grant award in the amount of $19,523 was approved. An equal amount of matching funds from the City is required. Grant funds will be used to update up to five National Register of Historic Places (NRHP) nomination forms for Virginia Beach resources that were originally listed in the 1960s and 1970s. These early nominations satisfied scholarship requirements at the time but lack the level of research and depth of information that are required in nominations today. In many cases, recent research has revealed additional information that more accurately represents the history of these important sites. • Considerations: Updates to NRHP nominations improve documentation of Virginia Beach and Princess Anne County history and bolsters long-term planning efforts, including disaster and resilience planning, for these valuable historic resources. The grant provided by the DHR and the local match will enable the City to conduct these updates. The source of the local match in the amount of $19,523 will be the FY 2023-24 Department of Planning and Community Development operating budget. ■ Public Information: Normal Council Agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Planning and Community Development City Manager: el/0 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FROM THE VIRGINIA DEPARTMENT OF HISTORIC 3 RESOURCES AND TO AUTHORIZE A GRANT MATCH 4 5 WHEREAS, in April 2023, the Department of Planning and Community Development 6 prepared and submitted a Certified Local Governments grant application; 7 8 WHEREAS, a letter was received from the Department of Historic Resources on July 9 20, 2023 to notify the City of Virginia Beach of a grant award in the amount of $19,523; 10 and 11 12 WHEREAS, an equal amount of$19,523 of matching funds from the City is required. 13 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA, THAT: 16 17 1) $19,523 is hereby accepted from the Virginia Department of Historic Resources and 18 appropriated, with revenues increased accordingly, to the FY 2023-24 Operating 19 Budget of the Department of Planning and Community Development for research 20 and other activities related to historic places. 21 22 2) A local grant match of$19,523 is hereby authorized within existing resources in the 23 FY 2023-2024 Operating Budget of the Department of Planning and Community 24 Development. 25 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: Budget and Management Services - it ttorney's Office CA16222 R-1 July 26, 2023 K. APPOINTMENTS ACTIVE TRANSPORTATION ADVISORY COMMITTEE AGRICULTURE ADVISORY COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CHESAPEAKE BAY ALCOHOL SAFETY ACTION PROGRAM CLEAN COMMUNITY COMMISSION COLLECTIVE BARGAINING TASK FORCE COMMUNITY SERVICES BOARD DEVELOPMENT AUTHORITY HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD MINORITY BUSINESS COUNCIL OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORP. VIRGINIA BEACH VA250 COMMITTEE WETLANDS BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT *********************** OPEN DIALOGUE Non-Agenda Items Each Speaker will be allowed 3 minutes ********************************** 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://vbctov.webex.com/weblink/register/r87350352f570047c7272e71 c3e777dc4 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on August 8, 2023. CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B S E - S DATE:07/11/2023 PAGE: 1 R H H C L HOR A H T W W U EL EMRU A I O CDNCMMOL Y L O C Y L 0 I OUML S T AGENDA , H E E M C N S A 00 E ITEM# SUBJECT MOTION VOTE i I R YBK D ENRNN I. CITY COUNCIL'S BRIEFINGS A. NAVAL AIR STATION OCEANA Captain Steven Djunaedi, UPDATE Commanding Officer B. MICRO-TRANSIT PILOT PROGRAM Ray Amoroso,Chief UPDATE Planning&Development Office-Hampton Roads Transit(HRT) C. ROADWAY SAFETY UPDATE LJ Hansen,Director— (Requested by City Council) Public Works Richard Lowman,Traffic Engineer—Public Works D. NEIGHBORHOOD TRAFFIC CALMING PROGRAM (Requested by Mayor Dyer and Council Members Berlucchi and Holcomb) II. CITY MANAGER'S BRIEFING A. VOTER REGISTRAR&ELECTION Monica Croskey SPACE •Chaparro,Assistant City Manager Kevin Chatellier,Director —Budget&Management Services III-IV CERTIFICATION OF CLOSED CERTIFIED 10-0 Y Y Y Y Y Y Y Y Y AY A-F SESSION G. MINUTES 1. INFORMAL and FORMAL SESSIONS APPROVED 10-0 Y Y Y Y Y Y Y Y Y AY June 20,2023 2. FORMAL SESSION APPROVED 10-0 Y Y Y Y Y Y Y Y Y AY June 27,2023 H. MAYOR'S PRESENTATION 1. PROCLAMATION Miyazaki City,Japan Sister City Day CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B S E - S DATE:07/11/2023 PAGE: 2 R H H C L H O R A H T W W U E L EMRU A I O CDNCMMOL Y L 0 CYL 0 I OUML S T AGENDA H E ' E M C N S A O O E ITEM# SUBJECT MOTION VOTE I RYBK DENRNN I. PUBLIC HEARINGS 1. DECLARATION AND SALE OF EXCESS NO SPEAKERS CITY PROPERTY 1548 Michigan Avenue 2. COMMUNICATION TOWER LEASE NO SPEAKERS AGREEMENT.ON CITY OWNED PROPERTY 2068 Landstown Centre Way 3. ACQUISITION,BY AGREEMENT OR NO SPEAKERS CONDEMNATION Seatack Neighborhood Drainage Improvement Project,CIP 100600,100451, and 100452 K.1. Resolution to ESTABLISH a Collective ADOPTED 10-0 Y Y Y Y Y Y Y Y Y A Y Bargaining Task Force(Requested by City Council) K.2. Ordinance to AMEND the Bayfront ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y A Y Advisory Commission membership CONSENT (Requested by Council Members Rouse, Schulman,and Taylor) K.3. Ordinance to APPROPRIATE funds from ADOPTED 9-1 Y Y N Y Y Y Y Y Y AY the Tourism Investment Program(TIP)Fund Balance to PROVIDE$50,000 to the FY2023-24 Cultural Affairs Operating Budget and to AWARD$50,000 grant to The LAMBS Foundation re support the 2024 Juneteenth Festival(Requested by Mayor Dyer and Council Members Taylor and Wooten) K.4. Ordinance to AMEND City Code Section 110 ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y A Y of Appendix F,Chesapeake Bay Preservation CONSENT Area Ordinance re notice of Chesapeake Bay Preservation Area Variance Applications K.5. Resolution to AUTHORIZE the disposition ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y A Y and transfer of ownership re the Princess CONSENT Anne County Confederate Monument to the Shenandoah Valley Battlefields Foundation K.6. Ordinance to ACCEPT and ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y A Y APPROPRIATE$1,744,533 from the CONSENT,AS Opioid Settlements and the Virginia Opioid AMENDED Abatement Authority to the FY 2023-24 Human Services Operating Budget and AUTHORIZE$10,000 as a required match for the regional cooperative partnership grant; ACCEPT and APPROPRIATE a$50,000 collaborative planning grant to the FY2023- 24 Human Services Operating Budget; AUTHORIZE four(4.0)full-time equivalent positions re implement a collaborative plan to address the opioid epidemic CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B S E - S DATE:07/11/2023 PAGE: 3 R H H C L H O R A H T W W U E L EMRU A I O CDNCMMOL Y L O C Y L 0 I OUML S T AGENDA HE EMCN S A 00 E ITEM# SUBJECT MOTION VOTE I R YBK DENRNN K.7. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y A Y $649,000 from the Virginia Department of CONSENT Criminal Justice Services to the FY2023-24 Police Department Operating Budget re purchase necessary equipment to support a marine patrol boat,forensic equipment,and analytical services equipment K.8. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y A Y $315,000 in Fund Balance from the Police CONSENT Federal&State Seized Assets Special Revenue Fund to the FY 2023-24 Police Department Operating Budget re police equipment and training K.9 Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y A Y $110,000 from the United States Department of CONSENT Homeland Security to the FY2023-24 Police Department Operating Budget re purchase necessary equipment to support a large bomb robot K.10. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y A Y $37,000 from the Virginia Department of CONSENT Criminal Justice Services to the FY2023-24 Police Department Operating Budget re purchase of equipment,travel,and training to enhance efforts to address internet crimes against children K.11. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y A Y $10,000 from the Virginia Department of CONSENT Behavioral Health and Development Services to the FY2023-24 Human Services Operating Budget re staff training,staff time allocable to problem gambling, membership in a national organization,and services related to addressing problem gambling K.12. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y A Y $4,845 from the Virginia Outdoors Foundation CONSENT and Wetlands Watch's Coastal Resilience and Trees Fund to the FY2023-24 Parks and Recreation Operating Budget re support activities to increase the City's urban tree canopy K.13. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y A Y a $3,000 donation from the Creeds Ruritan CONSENT Club to the FY2023-24 Consolidated Grant Fund Operating Budget re restoration activities at the historic Pleasant Ridge School L.1. THOMAS A. BROWN for a Variance to APPROVED/ 9-1 Y Y Y Y Y Y Y Y N A Y Section 4.4(b) & (d) of the Subdivision CONDITIONED,AS Regulations re reconfigure the boundaries of REVISED two(2)existing parcels located at and adjacent to 2892 Indian River Road DISTRICT 2 L.2 THOMAS A.BROWN for a Variance to APPROVED/ 9-1 Y Y Y Y Y Y Y Y N A Y Section 4.4(b)&(d)of the Subdivision CONDITIONED,AS Regulations re reconfigure the boundaries REVISED of four(4)existing parcels at 2888 Indian River Road DISTRICT 2(Deferred from June 20,2023) L.3. SARAH LONG/BRIXMOR GA HILLTOP APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y A Y PLAZA,LLC for a Conditional Use Permit re CONDITIONED,BY tattoo parlor at 523 Hilltop Plaza Shopping CONSENT Center DISTRICT 6 CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B S E - S DATE:07/11/2023 PAGE: 4 R H H C L H O R A H T W W U E L EMRU 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 DENRNN L.4. ALAN BELL/ALAN AND KAREN APPROVED/ 10-0 Y YYY Y Y Y Y Y A Y BELL for a Conditional Use Permit re CONDITIONED,BY home occupation—retail sales at 2624 CONSENT South Kings Road DISTRICT 8 L.5. FITNESS VENTURES,LLC/ APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y A Y CHIMNEY HILL CENTER VIRGINIA CONDITIONED,BY BEACH,VA.LIMITED CONSENT PARTNERSHIP for a Conditional Use Permit re indoor recreational facility at 799 Chimney Hill Shopping Center DISTRICT 10 L.6. DIANE D. KITTS for a Conditional Use APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y A Y Permit re short term rental at 303 Atlantic CONDITIONED,BY Avenue Unit 1405 DISTRICT 5 CONSENT _ L.7. JIM LUTZ/'MELVIN EATON for a APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y A Y Conditional Use Permit re short term CONDITIONED,BY rental at 917 Pacific Avenue Unit D CONSENT DISTRICT 5 L.8. JAMES&LORI JONES for a APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y A Y Conditional Use Permit re short term CONDITIONED,BY rental at 1722 Baltic Avenue DISTRICT 6 CONSENT L.9. Ordinance to AMEND City Zoning APPROVED,BY 10-0 Y Y Y Y Y Y Y Y Y A Y Ordinance(CZO)Section 106 re notice by CONSENT the Board of Zoning Appeals L.10. Ordinance to AMEND City Zoning APPROVED,BY 10-0 Y Y Y Y Y Y Y Y Y A Y Ordinance(CZO)Sections 1605 and 1609 CONSENT re notice and permits for Coastal Primary Sand Dune Applications L.11. Ordinance to AMEND City Zoning APPROVED,BY 10-0 Y Y Y Y Y Y Y Y Y A Y Ordinance(CZO)Sections 1405 and 1409 CONSENT re notice and permits for Wetlands Applications M. APPOINTMENTS BYCO N S ENS US ACTIVE TRANSPORTATION ADVISORY COMMITTEE BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT REVIEW AND ALLOCATION COMMITTEE DEVELOPMENT AUTHORITY HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION INDEPENDENT CITIZEN REVIEW BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B S E - S DATE:07/11/2023 PAGE: 5 R H H C L H O R A H T W W U E L EMR U A I O C D N C M M 0 L Y L O C Y L 0 I 0 UML S T AGENDA H E E MC N S A 00 E ITEM# SUBJECT MOTION VOTE I R Y B K D EN R N N CORPORATION WETLANDS BOARD ARTS AND HUMANITIES COMMISSION Appointed: Ashley McLeod Unexpired thru 6/30/2025 GREEN RIBBON COMMITTEE Appointed: Maty Gueye— Representing High School Student Cali Mitchum— Representing High School Student 1 Year Term 7/11/2023-6/30/2024 HUMAN RIGHTS COMMISSION Appointed: Ramona Taylor Unexpired thru 3/31/2024 +3 Year Term 4/1/2024-3/31/2027 TRANSPORTATION DISTRICT Appointed: COMMISSION OF HAMPTON ROADS Uros Jovanovic— Represents City Employee No Term N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT 6:56 PM OPEN DIALOGUE 8 SPEAKERS 7:28 PM CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B S E - S DATE:07/18/2023 PAGE: 1 R H H C L H 0 R ' A H T W W U EL EMR U A I O C D N C M M O L Y L O C Y L 0 I OUML S T AGENDA H E EMCN S A O O E ITEM# SUBJECT MOTION VOTE I R YBK D ENRNN I. CITY COUNCIL'BRIEFINGS A. GLOBAL INTERNET HUB John Martin,President /CEO—RVA757 Connects B. ELECTION SYSTEM UPDATE Christopher Boynton, Deputy City Attorney C. AUDITS OF VIRGINIA BEACH Lyndon Remias, CONVENTION CENTER&SANDLER City Auditor CENTER (Requested by Mayor Dyer/Council Members Remick/ Schulman) II. CITY MANAGER'S BRIEFING A. SCHOOL FUNDING FORMULA Kevin Chatellier, Director—Budget/ Management Services III-VI CERTIFICATION OF CLOSED SESSION CERTIFIED 10-0 Y A Y Y Y Y Y Y Y Y Y A-F G. MAYOR'S PRESENTATIONS 1. RESOLUTION IN RECOGNITION Ramona D.Taylor H.. BID OPENING NO OTHER BIDS 1. LEASE AGREEMENT FOR CITY RECEIVED OWNED PROPERTY Install,maintain and operate facilities re Wireless Telecommunication Services 2068 Landstown Centre Way I. LEASE OF CITY PROPERTY—Little NO SPEAKERS 1. League 11.77+/-acres at 2513 Shorehaven Drive to Great Neck Baseball League 6.25+/-acres at 952 Reon Drive to Kempsville Borough Boys Baseball,Inc. 15.8+/-acres at 586 North Lynnhaven Road to Boys Baseball of Lynnhaven,Inc. 15.1+/-acres at 632 Firefall Drive to Virginia Little League,Inc. 12.0+/-acres at 3332 Northgate Drive to Plaza Little League,Inc. K.1. Resolution to CREATE the Virginia Beach ADOPTED,BY 10-0 Y A Y Y Y Y Y Y Y Y Y VA250 Committee re prepare for and CONSENT commemorate the 250'h Anniversary of Virginia's participation in American Independence CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B S E - S DATE:07/18/2023 PAGE: 2 R H H C L HOR A H T W W U E L E ' M R U A I O CDNCMMOL YL O CYL 0 I OUML S T AGENDA HE EMCNS A O ' O E ITEM# SUBJECT MOTION VOTE I R YBK D ENRNN K.2. Ordinance to AUTHORIZE the City Manager ADOPTED,BY 10-0 Y ' A ' Y Y Y Y Y Y Y Y Y to EXECUTE a long-term Communications CONSENT Lease Agreement with T-Mobile Northeast, LLC for City-owned property a 2068 Landstown Centre Way re install,operate and maintain facilities for providing Wireless Telecommunications Services K.3. Ordinance to DECLARE the property at 1548 ADOPTED,BY 10-0 Y A Y Y Y Y Y Y Y Y Y Michigan Avenue to be in EXCESS of City's CONSENT needs and AUTHORIZE the City Manager to sell the property to Adam Nicholas Murawski and Jennifer M.Murawski K.4. Ordinance to AUTHORIZE the acquisition of ADOPTED,BY 10-0 Y A Y Y Y Y Y Y Y Y Y temporary easements, either by agreement or CONSENT condemnation re Seatack Neighborhood Drainage Improvement Project,CIP 100600, 100451 and 100452 K.5. Ordinance to AUTHORIZE temporary ADOPTED,BY 10-0 Y A Y Y Y Y Y Y Y Y Y encroachments into a portion of City-owned CONSENT property known as 352 Tuna Lane a/k/a North Bay and City-owned 5' drainage / utility easement at the rear of 333 Back Bay Crescent re construct and maintain proposed vinyl bulkhead with two(2)returns,a wharf,an open sided 4-pile boat lift,two(2)personal watercraft lifts / maintain an existing retaining wall,bulkhead/concrete driveway DISTRICT 2 K.6. Ordinance to AUTHORIZE temporary ADOPTED,BY 10-0 Y A Y Y Y Y Y Y Y Y Y encroachments into a portion of City-owned CONSENT property known as Treasure Canal at the rear of 2313 Spindrift Road re construct and maintain a vinyl bulkhead with two (2) 10' return walls,a wharf,two(2)boat lifts and a jet ski floating dock DISTRICT 8 K.7. Ordinance to AUTHORIZE temporary ADOPTED,BY 10-0 Y A Y Y Y Y Y Y Y Y Y encroachments into a portion of City-owned CONSENT property known as Lake Joyce and the 20'strip of land around Lake Joyce, adjacent to 2264 Greenwell Road re maintain existing concrete/ riprap and construct/maintain a proposed ramp,open sided boat lift and two(2)piers DISTRICT 9 L.1. PORPOISE, LLC for a CUP re short term APPROVED/ 10-0 Y A Y Y Y Y Y Y Y Y Y rental at 604 20th Street DISTRICT 6 CONDITIONED, BY CONSENT L.2 PORPOISE, LLC for a CUP re short term APPROVED/ 10-0 Y A Y Y Y Y Y Y Y Y Y rental at 606 20111 Street,Unit A DISTRICT 6 CONDITIONED, BY CONSENT L.3. NICHOLAS IULIANO for a CUP re short DEFERRED TO 10-0 Y A Y Y Y Y Y Y Y Y Y term rental at 505 20th'/2 Street DISTRICT 6 AUGUST 15,2023,BY (Deferred from June 20,2023) CONSENT L.4. JAMIE GEORGE for a CUP re short term DEFERRED TO 10-0 Y A Y Y Y Y Y Y Y Y Y rental at 507 20'1 '/2 Street DISTRICT 6 AUGUST 15,2023,BY (Deferred from June 20,2023) CONSENT CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS p S B S E - S DATE:07/18/2023 PAGE: 3 R H H C L H O R A H T W W U E L EMR U A I O CDNCMMOL Y L O C Y L 0 I OUML S AGENDA HE EMCN S A O O E ITEM# SUBJECT MOTION VOTE I R YBK DENRNN M. APPOINTMENTS RESCHEDULED BYCO N S ENS US ACTIVE TRANSPORTATION ADVISORY COMMITTEE BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION COLLECTIVE BARGAINING TASK FORCE DEVELOPMENT AUTHORITY HEALTH SERVICES ADVISORY BOARD INDEPENDENT CITIZEN REVIEW BOARD OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION VIRGINIA BEACH VA250 COMMITTEE WETLANDS BOARD BAYFRONT ADVISORY COMMISSION Appointed: 10-0 Y A Y Y Y Y Y Y Y Y Y Andrea Lindemann Unexpired Term thru 6/30/2024 +3 Year Term 7/1/2024—6/30/2027 COMMUNITY ORGANIZATION GRANT Reappointed: 10-0 Y A Y Y Y Y Y Y Y Y Y REVIEW AND ALLOCATION Ellen Ellis COMMITTEE -Representing At Large Member Virginia Rountree -Representing At Large Member 3 Year Term 9/1/2023—8/31/2026 HUMAN RIGHTS COMMISSION Reappointed: 10-0 Y A Y Y Y Y Y Y Y Y Y Heidi Daniels 3 Year Term 9/1/2023—8/31/2026 MILITARY ECONOMIC DEVELOPMENT Appointed: 10-0 Y A Y Y Y Y Y Y Y Y Y ADVISORY COMMITTEE Ronnie Parker- Representing Development Authority Liaison Unexpired Term 9/1/2023 -2/29/2028 OPEN SPACE ADVISORY COMMITTEE Reappointed: 10-0 Y A Y Y Y Y Y Y Y Y Y John Olivieri 3 Year Term 9/1/2023—8/31/2026 CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B S E - S DATE:07/18/2023 PAGE: 4 R H H C L HOR A H TWW U EL EMR U A I O CDNCMMOL Y L O C Y L 0 I OUML S T AGENDA HE EMCN S AOOE ITEM# SUBJECT MOTION VOTE I R YBKDENRNN CITY COUNCIL LIAISONS Appointed: VIRGINIA BEACH VA250 COMMITTEE Robert W."Worth" Remick Dr.Amelia N.Ross- Hammond N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT 6:22 PM