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HomeMy WebLinkAboutSEPTEMBER 5, 2023 INFORMAL AND FORMAL SESSION MINUTES irA,,,,,r.it44,i. 44,11. �2 ep OUR r�H� VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia September 5, 2023 Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in the City Council Conference Room, Tuesday, September 5, 2023, at 1:30 P.M Council Members Present: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None 2 CITY COUNCIL'S BRIEFING LEGISLATIVE AGENDA PROCESS ITEM#74604 1:31 P.M. Mayor Dyer welcomed Brent McKenzie, Legislative Affairs Liaison. Mr. McKenzie expressed his appreciation to City Council for their continued support: 'pl f11. 1 4.1 lam, -4� T Ik ' _ The City of Virginia Beach General Assembly Legislative Agenda Process September 5,2023 VIRGINIA BEACH Here is an outline of Today's Presentation: Today's presentation 1. Existing legislative agenda Procedure 2. Proposed timeline for the 2024 General Assembly Session legislative agenda 3. What comparable localities do with their legislative agenda 4. Guidance moving forward • Does the proposed timeline work? • Move forward with existing procedure or create a Council Policy? September 5, 2023 3 CITY COUNCIL'S BRIEFING LEGISLATIVE AGENDA PROCESS ITEM#74604 (Continued) The City of Virginia Beach General Assembly Legislative Agenda r The Legislative agenda constitutes the official requests and policy positions of the City to the General Assembly. r Adopted annually by City Council. Includes issues brought forward by City Departments and fy members of City Council. Provides guidance for advocacy efforts of the Government Relations team. Legislative Agenda Not intended to be an all-inclusive list of issues that the City considers important. The next two(2)slides provide the General Procedure for submitting items on the City's General Assembly Legislative Agenda: General Procedure Government relations team surveys City Departments for legislative proposals and needs Council initiatives and requests are added to the list Proposals are vetted by Department Directors,Government Relations team,City Manager,and City Attorney's office Proposals are brought to the City Council for consideration as a"draft agenda" *Council members may propose legislative initiatives throughout the process September 5, 2023 4 CITY COUNCIL'S BRIEFING LEGISLATIVE AGENDA PROCESS ITEM#74604 (Continued) General Procedure Continued... Sponsorship of individual items is sought from City Council I A public hearing is held as part of a City Council meeting Final agenda is adopted by City Council Legislative Agenda is communicated to Virginia Beach Delegation and bill patrons are requested *Council members may propose legislative initiatives throughout the process Here is the Proposed Timeline: Proposed Timeline Timeline: Action: August Legislative proposals are solicited from City Departments September Legislative proposals are reviewed October 3 or 10 Draft Legislative Agenda is presented to City Council October 17 Public Hearing on Legislative Agenda is held Mid-October—Early Legislative Agenda is revised based on public and Council November feedback, sponsors for individual items are sought November 14 Legislative Agenda is brought to City Council for adoption November- Legislative Agenda is communicated to Virginia Beach December I Delegation and bill patrons are requested September 5, 2023 5 CITY COUNCIL'S BRIEFING LEGISLATIVE AGENDA PROCESS ITEM#74604 (Continued) What we've heard from the Council Council has expressed interest in creating a policy for the Legislative Agenda. Ideas expressed have included: • Increase threshold for having an agenda item included for consideration.(Similar to how it takes three members of Council for an agenda item to be included on a Council Meeting agenda). • Eliminate the sponsorship requirement. • Increase threshold for approval of the Legislative Agenda.(Either unanimous or a super- majority). Here is a look at other comparable localities: What we've learned from comparable localities Surveyed Cities of Hampton,Norfolk,and Chesapeake and Loudoun and Chesterfield Counties • Don't have a formal policy on adoption of a Legislative Agenda. • Initiatives and policies are submitted by Departments. • Typically adopted unanimously,but not required. • Excludes issues that have been entangled in national political debate. • Work to keep the document non-partisan&consensus-driven. September 5, 2023 6 CITY COUNCIL'S BRIEFING LEGISLATIVE AGENDA PROCESS ITEM#74604 (Continued) Guidance • Approve the timeline? • Does the Council want to move forward with existing procedure? • Or,would council prefer to create a Council Policy? • What should that policy include? • Increase threshold for having an agenda item included for consideration. (Similar to how it takes three members of Council for an agenda item to be included on a Council Meeting agenda). • Eliminate the sponsorship requirement. • Increase threshold for approval of the Legislative Agenda.(Either unanimous or a super-majority). • Other items as directed by Council. Mayor Dyer expressed his appreciation to Mr. McKenzie for the presentation. September 5, 2023 7 CITY MANAGER'S BRIEFINGS SPORTS TOURISM DEVELOPMENT UPDATE ITEM#74605 2:11 P.M. Mayor Dyer welcomed Nancy Helman,Director—Convention and Visitors Bureau. Ms.Helman expressed her appreciation to City Council for their continued support: City Council Meeting Presentation Informal Session Nancy Heiman,Director,Convention and Visitors Bureau • Convention & Visitors Bureau Victus Advisors Study — Next Steps 'V3 September 5,2023 Here are the Victus Study Objectives: S- .y . .j- • . a . . , -. a - .,2 IlMil ;.1 • ��` i► _ I ewrR • Pro-ect ' Goal • ew p..swu ar1Yltnld`H lnllrVtlVa/NR1nemltYs: "h 13 dda(6rii6nipnl;itluili:;+?" mw �m N.x•�a•oan. They identiliedt7'ietiheviiports facility opportunklei.ind three r.isting flea155 eapjhsbn or improvement oppdrieJnfty believed to.mer.iRir•emental sports.enn 1014,0. Lira— September 5, 2023 8 CITY MANAGER'S BRIEFINGS SPORTS TOURISM DEVELOPMENT UPDATE ITEM#74605 (Continued) The next two (2)slides provide Potential sports facility opportunities: Potential sports facility opportunities 1.Aadm bErorNrtdoor Sport.He.t Park fSArettoa,Bf4,41 nolit,Parka.,etc, o r.*lain d.mrd for.rllm omN,.tic.It ar.tek to NrNna Mach o Irtrbpe to brt tMl r Rrtt.ttton spot,Mnewde olCarW. o r,sA Bwrwe.a.tto,Bnr.n hroalnera,a v.mlr Bran Volt.w ia.mel.d dr rt.,w w r n..ampatvn.aor rwrn terms..l.mr can rmor.rre areo«r ort3,mI tl,rt roue nrorr.u.tlm.ttr.•--.bn tour*dottwten a,tft•..a co.,t rot r.ree wlery d.porta InfW M.la for,FAIL Phut,,atmM L r od otMr. L wtax.Bu.6.0 Cpnplu�k l.rtYBtld.�- _ o TF.rrbrlrck M[ww..1pliW GUWll f.ldt In NrllN.Br.clr W jar twrvmmt att..,r,Woe.r llMrmt dm.M forMMng too fr.mart.to VB o MLply of lot.M11 MP.....dlaubb full cm.,cf.C4,,up to 33,trtn LMM1 M d w pan Mg•n.nelrt 3.SM.d Itb.Tamtre fr.b Protry o rtrtmd ubb with,tl.VtrlttW Mron WY Mr r prn.trra.rta rn•krf.c-ay o Arvin r,wkrbit bn LOCO for. rot fa fret}tr.r...Mr of wrn..b cc.tot Mk.2.50.300re.t... o Thh.ald fop Woe r proh•lona,ern nF..l oPruu Potential sports facility opportunities Continued 1.MIAN Pools P1namr Amv Fs,TIP, - o eMe...eA.nr4ry of t.immlry Ri.lok,.•nd erg.,1t.nG.IIm.rc M rt.tl.pwl for Wrrard env.cb.vty could MN to tor fort.d rcmank r4.a o trod ormd M TV LA and or.,ttoperPod 3 Hrnpem A 0.113narr Com.. - r•trN rubmltbd for c•,1Lrnptarr.tNrd6n.tu-1114.lyHlw and Pr6,..prowrn.Mr tart of if MI.. Crty o.r.d 1•M rd rmpoft opreml Plow Arne Atlerec Pomp. o Ca-rnnfyt Mld tu.rtercir rl.e.IIBM.w1111ncremt twm.meN rctMty lot,toe and refire rrireut. o Cep n.r.e we.rd o.y oPrn.d September 5, 2023 9 CITY MANAGER'S BRIEFINGS SPORTS TOURISM DEVELOPMENT UPDATE ITEM#74605 (Continued) Here are some of the Potential Projects with the estimated return on investment: Return on investment&seasonality ti.nated I seasbeaWa tye(1ed IMental Annuallpwrdp- l�aai9d Potential*eject Moil Nykls•• IMt Y^G^a New ACCon Spell Event Perk llndw./ONdoel 35000 Shea Yw-spite New Tours.nt tee F malty{at least sheets) a3000 51,x12 wow New Tournament amebae Complex(et WAS6eks) 70000 S1.IS0 Summer Covered SO tWoeC pslgbn aopxYt A 15000 SIA3a Yw-6wm Improved Hampton Seeds Scour Coop. 6000 53,000 Summer Impwed Princes MnaaanMs[omplee 3500 S3.at9 Summer Spat Events In Mrenla Yale generated 111600carereo1 rope rights In FY 302142 li ,r •ean ias ow...in cats oft...Send en rat winterywe.dd brse eweewe lnenn r .Slaaet rest elaildoeet 0We en.lGkereneewt ••eeanwd ekneeetd evwstbeelneras es ewer awed b,assess Wnwdenetwd er vasad.eers bare waeoentetls teem •••.eureeen etwssonwi.Leerear.MeneMR,atten.,.Weer reaneent.Oaaben•ION seined Mote hie la et Vibe Stu* Aw@ Here are the Victus Advisors Next Steps: Victus Advisors Next Steps Victos Advisors recently completed a'Sport,Tourism Market 6 Facilities Opportunvy Study'for Me City of Virginia Beach in which we identrfied the following lour(3)new sports tauriam facility apporn cities that could have the most economic impact potential: • Action Sports Event Park(BMX.Climbing,Perkour,etc.) • Stand-Alone Tournament-Celiber Ica Fechty • Ou Woof Sasebo ll TournamenlCom phut(ar Mast fields) Recommended next steps would include Me following additional analyses I)Spwb Venue Feasibility Analysis(Me Cry can select any a of the facility types listed above): • Professional fees per selected facility-$17,700.which includes the following enaym,for Meh: o Cons petitva 6 Comparable RegbnalMabonal Sports Tourism Facility Analysis o Building Program Recommendations 6 Preliminary Constuction Cosi Estimates o Site Options Analysis o ManegementOprions Analysis o Usage Estimates B Operating Pro Forme 2)E0anbnk6 Flaal ImpactMaysla: • Professional fee 4t0,000(flzed fe•nsgatdless of of Waders aalecbdl.which includes. o Includes visitor counts,hotel nights,direct spending,totsl output,fobs,wages,and Ian revenues broken out by venue type 'I' V I C T.U S September 5, 2023 10 CITY MANAGER'S BRIEFINGS SPORTS TOURISM DEVELOPMENT UPDATE ITEM#74605 (Continued) Council Consideration • Sport Tourism Infrastructure CIP- FY 24 Appropriation to Date $6M FY 25 Programmed $12.5 M • Initiate Feasibility Study Analysis for one or more future venue opportunities as recommended by Victus Advisors. • Allocate some or all of initial FY24 spending for reinvestment in existing sports tourism facilities. Thank you virgins beach Mayor Dyer expressed his appreciation to Ms. Helman for the presentation. September 5, 2023 11 CITY MANAGER'S BRIEFINGS 21'STREET LIBRARY UPDATE ITEM#74606 2:40 P.M. Mayor Dyer welcomed L.J. Hansen, Director—Public Works. Mr. Hansen expressed his appreciation to City Council for their continued support: i Ul III Disposition of the i , A _ 21st/22nd Street Library 6 ai U Hansen,Director of Public Works Public Works Sept.5,2023 Here is the Background: Background •The City had received interest in the property that the former 22nd St. Library currently sits on. •The facility is currently in an underutilized condition and there are no identified plans for renovation or use of the facility. •Staff are inquiring as to what City Council's interest in this property may be and what, if any, direction Council would direct staff to pursue at this time. September 5, 2023 12 CITY MANAGER'S BRIEFINGS 21`r STREET LIBRARY UPDATE ITEM#74606 (Continued) Here is a brief History: History • Constructed in 1927 by the Chesapeake ir Potomac Telephone Company 1927:Constructed 2,Z36sgft • Expanded twice in 1940's—CP&T Ceased e 1941:2-story masonry addition Of the building in 1958 on south of building+936sgft • Used as the Virginia Beach — Princess A > 1948:1-story wood addition on County Library 1959-1978—Expanded „south of building+775 sgft 1960's _ '1'960's:1-story wood addition • Used for several miscellaneous purpose .until on south af building+300sgft the early 2000's €urrentfondition 4247 • Used predominately for storage now 3 - .- 22nd St. ; _,� t 1r " 1 M t. ,+4 wTl 77: ot^ J - fr' 1 -1 . ..sue4\ :. i;li_ii r 'I r It i '[.. si! .....„, . ___ - --F.'r.1 -11 _ , I 1 T 0 gg yae ► 21st St ^ .r• • —,—,z m—fates m Rl�+ .- -`^-- . ......ems. .. September 5, 2023 13 CITY MANAGER'S BRIEFINGS 2IS`STREET LIBRARY UPDATE ITEM#74606 (Continued) l•"--rate �- 1114ft t Ape,'• lam . rc ' Here are the Building Issues: Building Issues • Facility is currently underutilized —used for storage • Very little parking—small lot • Facility is being maintained but needs significant work before being utilized for any new purpose • Original building sits on a basement foundation • Building is an amalgamation of several additions • Basement is closed off with the presence of asbestos- containing materials September 5, 2023 14 CITY MANAGER'S BRIEFINGS 21'STREET LIBRARY UPDATE ITEM#74606 (Continued) Exterior Photos ) ...,..411,- ...z.k,...,., , i ‘,,,,t,\,, \•. ,.. I .•-- . '' 1,--- I m , . „,..„„• ,,,... 1 ,,-,. .i. , .,. •:., -41 - " .. 1 1, -,,, .1,. ., _ • i ..::-..l.-7.7/,, ,,,„,...,., • t, ,..,t,., , i I • ' . .. , • I ' ' ''''' i.:1 A: ' • r ' ........ .;c11 17711°.—1:-1' 1 '',.;.11‘111.. , / -'• :,4:-.';:t.'''L;'',.:'':•:. ,' „i'''''...•" - I- ," . • - , I .. . __ ...:-.:;r7j:,,;.:.'.':-...:-.',..:... .,:..!t7-•.;1.' . .!'''' ., Interior Photos -• ,,-....„ Now-- ,..____. ,\ . ... --, . , ..• :III : • : ! ,..._ MNII 4.'lam 't'' 1.,,;.&•N .iir. ' LIMI 1 11 ' ', . _, - •11.1111[11A 1 'il ' . , .• • , .. ., .., . . . ! September 5, 2023 15 CITY MANAGER'S BRIEFINGS 21"STREET LIBRARY UPDATE ITEM#74606 (Continued) Options/Next Steps • Does the City wish to entertain any offs this property, at this time? • What conditions would City Council lik specify? • Request for Proposal (RFP) • Preservation of the building • Relocation of the building •Any other items . Mayor Dyer expressed his appreciation to Mr. Hansen for the presentation. September 5, 2023 16 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#74607 2:57 P.M. Mayor Dyer welcomed Kaitlen Alcock, Planning Administrator. Ms.Alcock expressed her appreciation to City Council for their continued support: PLANNING : _ _ September 5th& 19TH CITY COUNCIL MEET11' VIRGINIA �- BEACH There are six(6)Planning Items scheduled for September 5th: SUMMARY — September 5th 6 1&2.Franklin Johnston Group ManagePlanningment&DevelopmentItems ,Scheduled LLC- for City Council's Consideration District 2(WITHDRAWAL REQUESTED) • Conditional Rezoning(AG-1&AG-2 Agricultural Districts to Conditional A-18 Apartment District w/Workforce Housing Overlay District)&Modification of Proffers • Recommended for Approval by Planning Commission w/ modifications&Staff 3. London Bridge Development,LLC—District 6 • Conditional Use Permit(Bulk Storage Yard) • Recommended for Approval by Planning Commission&Staff 4.&5.Sill Construction Group,LLC—District 7 • Modification of Conditions&Conditional Use Permit(Car Wash Facility) • Recommended for Approval by Planning Commission&Staff o^.,.°,.—••-•,-,_ 6. Speedgearz,LLC—District 4 • Conditional Use Permit(Automobile Repair Garage) • Recommended for Approval by Planning Commission&Staff - "'"'°""""° I September 5, 2023 17 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#74607 (Continued) RANKLIN JOHNSTON GROUP MANAGE r" .�. -: p EVELOPMENT, LLC • 1 . ity Council:District 2 '.cation:Portions of 2737 Princess Anne Road&eastern adjoining parcel,2520 Allie Nicole Circle WITH DRAWA `ri EQU ESTE D .. s, u CONDITIONAL REZONING (AG-1&AG-2 Agricultural Districts to Conditional A-18 'a- ) Apartment District w/Workforce Housing Overlay District)&MODIFICATION OF PROFFER' `. Staff recommends Approval Planning Commission voted 9 to 1 tti , • ... . , , I,.,. -- - w^-y ^ .-,.r,.4... ..to-". • A Conditional Rezoning of 6.26 acres i TS-i.i J from AG-1&AG-2 to Conditional A-18 ��''�+ .1 4 J :T w/Workforce Housing Overlay District& i( ` , J 2e a Modification of Proffers to add 176 , . yt 3 -I -- • additional units A . �' f • Total of 416 units(Phase 1—240 units, o ;, Phase 2—176 units)with an overall ` . ••.. ' density of 18.94 units/acre • 30%of the units in Phase 2 are A ,__ designated for workforce housing—53 units • Princess Anne Rd is access controlled; Planning Commission supported right-in .- right-out access b. • Parking ratio of 1.74 spaces/unit is THE SILO AT SOUTHERN PINES ,� approved by Zoning Administrator—741 ^..'., ....• spaces required;724 provided [RANKLIN JOHNSTON GROUP MANAGEMENT 3 DEVELOPMENT,LLC 14 VB September 5, 2023 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#74607 (Continued)18 - • . — - —.:.:..I ._ III iti ,t,<• • 5 apartment buildings proposed—one,3-story building along Princess Anne Rd and four,4-story buildings with a maximum height of 55' • Requesting a deviation to the 35'maximum height requirement in the A-18 Apartment District FRANKLIN JOHNSTON GROUP MANAGEMENT&DEVELOPMENT,LLC 15 VB aS'lr- -21d tAf.-•*T. X� .......... • Landscape berm to be provided along Princess Anne Road • 6 letters of opposition,including 1 from the TA/ITA CAC noting concerns related to height,density,and parking FRANKLIN JOHNSTON GROUP MANAGEMENT&DEVELOPMENT,LLC 16 VB September 5, 2023 19 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#74607 (Continued) LONDON BRIDGE DEVELOPMENT, LLC ITEM City Council:District 6 3 Location:130 London Bridge Road aW.. i j 6 I/o Ca :w a CONDITIONAL USE PERMIT(Bulk Storage Yard) Staff recommends Approval Planning Commission voted 10 t ommend Approval , VB _i ilk -- J' — . • , = t''. —.';'-' ilt 14 , \� r AT r — • A Conditional Use Permit request for Bulk Storage Yard to operate a temporary laydown yard to support the Dominion Energy CVOW Project • Approval conditioned to 3 years with the option for two,1-year extensions • Materials stored include manholes,cable reels,PVC conduit,transmission poles,and operational vehicles LONDON BRIDGE DEVELOPMENT,LLC 18 VB September 5, 2023 20 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#74607 (Continued) 711H 1,., , . . . W " • , Li i� : ;N,i: • Utilizing exiting access on London Bridge Rd;left turn onto London Bridge Rd prohibited • Deviation to required perimeter screening is requested.6-foot tall privacy fence to be install along London Bridge Rd • This site recently received site plan approval for the construction of an office/warehouse complex • No known opposition LONDON BRIDGE DEVELOPMENT,LLC 19 VB SKICONSTRUCTION GROUP, LLC ITEMS City Council:District 7 4 & 5 Location:1861 Kempsville Road J 9 a MODIFICATION OF CONDITIONS(Religious Use) CONDITIONAL USE PERMIT(Car Wash Facility) Staff recommes Approval Planning Commission voted nd io VB September 5, 2023 21 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#74607 (Continued) • Request for a Modification of Conditions to reduce property boundary for religious use and a Conditional Use Permit for a Car __- .- Wash Facility j-�_ * __ • Property to be subdivided to /' �. - / j C a'J�� create a 1.98-acre separate lot for Car Wash Facility _ 7---,--- _.? r. • 3,600 square foot single-bay r.. automated Car Wash Facility 'II), I ....R)4+ w..•.�5.. -4;i proposed j' T I`-(+ - ..., ,:—.., o9 49 I • Meets the requirements of the c r{ . . . a : e I Centerville SGA and Special Area a_`...----:_ �► Development Guidelines for _.n_ ..__ . r'... 444-) Urban Areas :4'i KEMPSVILLE ROAD w..hr..,ia -as • Parking met on site SHI CONSTRUCTION GROUP,LLC Ill VB .d'v' IliA � 7 __:---- _—.�_E. -•,TIDAL.,. t I i. • Proposed building elevations depict a modern-style building of approximately 21 feet and 7 inches at the tallest point • 8-foot-tall freestanding monument sign with stone veneer brick base to match building materials • Hours of operation-8:00 a.m.to 8:00 p.m.,daily • No known opposition 5Hl CONSTRUCTION GROUP,LLC 117 VB September 5, 2023 22 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#74607 (Continued) SPEEDGEARZ, LLC City Council:District 4 6 Location:212 Dorset Ave G7� 4.G ram_ fie' r- . CONDITIONAL USE PERMIT(Automobile Repair Garage) Staff recommends Approval Planning Commission voted+ mom nd Aoor 13 VB I i 45 � - �°� Z • Request for Conditional Use Permit for an Automobile w 1. g Repair Garage w 5' • Use will specialize in motorcycle maintenance services, � ! body work and customizations - It o i` ei- ,Rev Vara de R•„ • I. • • All work to occur inside building �: f,oe �. • W '' 7 • Additional plantings,consisting of evergreen shrubs, 1111.). t proposed adjacent to parking area .° ;• •.Lt tU • No known opposition Dorset Ave ; vnrepe SPEEDGEARZ,lLC 114 Ve September 5, 2023 23 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#74607 (Continued) There are ten (10)Planning Items scheduled for September 10: SUMMARY — September 19th 10 Planning Items Scheduled for City Council's Consideration 1. Wycliffe Presbyterian Church—District S • Modification of Conditions(Religious Use) • Recommended for Approval by Staff and Denial by Planning Commission 2. Bumette Baum Development Corporation—District 1 '---,^'" • Conditional Use Permit(Car Wash Facility) • Recommended for Approval by Planning Commission&Staff ^�...w.3. Kids Adventure—District 1 • Conditional Use Permit(Family Day-Care Home) „„........a..._... • Recommended for Approval by Planning Commission&Staff 999 4. Frances Robbins-Oman—District 5 • Conditional Use Permit(Short Term Rental) ,,,_„•_—„e,,,,,_-v • Recommended for Approval by Planning Commission&Staff --- 5&6.Jim Lutz—District 5 • Conditional Use Permits(Short Term Rentals) • Recommended for Approval by Planning Commission&Staff 7&B.Ascensions Group,LLC—District 6 • Conditional Use Permits(Short Term Rentals) • Recommended for Approval by Planning Commission&Staff 15 VB SUMMARY — September 19th 10 Planning Items Scheduled for City Council's Consideration 9.Nicholas Juliano—District 6 _ • Conditional Use Permit(Short Term Rental) • Recommended for Approval by Planning Commission&Staff • , • Deferred from August 15,2023 CC -.... 10.Jamie George—District 6 • Conditional Use Permit(Short Term Rental) • Recommended for Approval by Planning Commission&Staff ,. • Deferred from August 15,2023 CC 16 VB September 5, 2023 24 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#74607 (Continued) WYCLIFFE PRESBYTERIAN CHURCH I,:N, City Council:District 8 1 Location:1445 North Great Neck Road,2307 Millwood Road,parcel between 2307&2309 Millwood Road ! E , r v.t i s .L MODIFICATION OF CONDITIONS(Religious Use) Staff recommends Approval Planning Commission vot 4 to recommend Denial II �, `+r J r:. w lit al Srie. .++. T_ > Sa. +`o _ __. _ _ _.a _P'B'' • Requesting a Modification of Conditions of a Conditional Use Permit for a Religious Use approved by City Council on August 3,1966 • Church has existed on the existing three parcels since the 1960s • Subsequent modifications approved in 1988 and 2000 for a childcare education center and church addition WYCLIFFE PRESBYTERIAN CHURCH!18 VB September 5, 2023 25 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#74607 (Continued) eo=000 o 000000m __ _ • Requesting to reduce the boundary r_' of the church by approximately I «r� `�''` 3.88-acres I ••• I y=== • 4.13 acres of the property will -z = remain under the church's R•10 - I R• 1 ownership . i• I �+ +$ •_ _ • Property will continue to exceed the Parcel B-1-A-1 Parcel B-2-A-1 I =w L -•:.c 3-acre minimum lot area -- Church Property I Property L.,-- ...1 WK requirement for Religious Uses,per 1 to Remain -Removed from CUP - 4.132 acres " "'""'"'"" Section 240.1 of the Zoning ( ) i (3.879acres) ( • 18 speakers spoke in opposition at 'z- I -. .- __r ! ®i "".,TYR' Planning Commission,36 letters of -. __ - - ♦4 r.,,a.,, opposition rolM.11u �,..•1.• a • Concern with development on the ? _ = 7.1u, , property to be sold including .7"" � -s-- +•••a=+ potential environmental impacts WYCLIFFE PRESBYTERIAN CHURCH 119 VB BURNETTE BAUM DEVELOPMENT CORPORATION ITEM City Council:District 1 2 Location:6213 Indian River Road 66 — r\7 i? jj f 4 s 6 A � i Ii !i t!-----"' ..____ ,.:•-•,%',4 ) ....„ .i_. ....,. / 44.%'''-',.., , y �, i '��'2 CONDITIONAL USE PERMIT(Car Wash Facility) Staff recommends Approval - Planning Commission voted 20 VB September 5, 2023 26 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#74607 (Continued) 1 • Request for a Conditional Use Permit for a single-tunnel Car Wash Facility • 3 pay lanes:1 staffed,1 credit card,1 1; p 1 c ' r 0.- , express/members-only1 • . ' ---**-- • 3 employee parking spaces a r•uw c j' - • -,, '"" • 20 single-turbine,pay-vacuum spaces f ` -.1 r, - _ (� p w — �-1 -' • Category VI screening along west / �, ^ property line "•� .;P : s. • Egress to Old Providence Road to be ' T— s s . ff restricted to emergency vehicle access )j : only&ingress solely from Indian River + .Po. Vf ;,� n Road i N COOL WAVE CAR WASH-V,RG!NIA Gexcx.VA _ ,- • Dumpster service conditioned to be limited to between the hours of 8:00 a.m.and 6:00 p.m. BURNETTE BAUM DEVELOPMENT CORPORATION 121 VB e ii_!Xlrt! t,...IfL.1,1 .���II IILL ' ever Qe • Building exterior cladding to be white brick, • 2-3 employees on a max shift;6 full time employees aluminum storefront,and mix of white,grey,and blue DryVit Modulite panels • Hours of operation:7:30 a.m.-8:00 p.m.,daily in spring,summer and fall;7:30 a.m.—7:00 p.m.in • Colors throughout site to be consistent with building winter • Single-tunnel car wash to be approximately 3,564 • No known opposition square feet BURNETTE BAUM DEVELOPMENT CORPORATION 122 VB September 5, 2023 27 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#74607 (Continued) KIDS ADVENTURE City Council:District 1 3 Location:5408 Larissa Court a 14 ti0•q _ N O �1 . • CONDITIONAL USE PERMIT(Family Day-Care Home) Staff recommends Approval Planning Commission voted 9 t0 0.atitaikaent recommend Approva 23 VB E " Ir �~fir_...�--..-..�..�...... • Request for Conditional Use Permit for an in-home daycare for up to 6 children • Homeowner currently operates a by-right,in homedaycare on site with 4 children KIDS ADVENTURE 1 24 VB September 5, 2023 28 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#74607 (Continued) r , • 'I. too Ps"SLN * • 1 speaker in opposition at the Planning �� �A �', ' Commission hearing,concerned with f, potential traffic congestion and noise Oh. * e ,, . / ilt • Planning Commission revised the il N f • maximum number of children from 12 to rr �, I q' 6 lig i� , _•_ no 1 • Condition 1 is in place to stagger pick-up r and drop-off times in order to prevent •`�, ` traffic congestion in the cul-de-sac II •S q to f '16, . , KIDS ADVENTURE 125 VB FRANCES ROBBINS-OMAN City Council:District 5 4 Location:907 Pacific Avenue ....✓� �� r i f t, `My�,• \ , L 1 • " s 's� , aa+••.l �w (PLC] i •/ % 11 f 3 .... ... �.--U % %i t It 1,•o• +p.r� awa '�rn L \CONDITIONAL USE PERMIT(Short Term Rental) Staff recommends Approval Planning Commission voted 10to0 mmend Ap royal 26 VB September 5, 2023 29 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#74607 (Continued) M = ;c m m \ • One-bedroom unit within the r..0' Pacific Place Condominiums lielplp .-- �, . No previous SIR activity or � 1 + ' zoning violations i,1� irk v voRFocK441"A'-, . - 1 ?‘ lit FRANCES ROBBINS-OMANI 27 L4 _,,. per• ' 1 ! rl :„w a� �_ • One off-street parking space required 59 �- ; and provided v � /.. i — t ` .�. s+. • No known opposition • One assltned space in the Peeing . mptlyn F.j • requircements:onlYenespate _ - needed FRANCES ROBBINS-OMAN 128 VB September 5, 2023 30 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#74607 (Continued) N 111 ' i 1 \ \ -..O gtN Si ink IIEV DE0`44f4 ttN St 1 ,iwto� gtH St �y YI Short Term Rental FRANCES ROBBINS"OMAN 129 VB JIM LUTZ ITEMS City Council:District 5 5 & 6 Location:921 Pacific Avenue,Unit A&915 Pacific Avenue,Unit B MMN gyp' , ` ; rk 3r'. -' \\\ , ---11\,, CONDITIONAL USE PERMITS(Short Term Rentals) Staff recommends Approval Planning Commission voted mend Ap royal 30 VB September 5, 2023 31 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#74607 (Continued) .mi • tt. s i n5. .�,' .ycS T+ 1 t v i - 't •� kt Al.' . ./ , f• • NORrot nal� ' ' • 11 4 likk - _ .11 • One-bedroom unit within the Pacific Place Condominiums • No previous STR activity or zoning violations 11M LUTZI 31 VB ¢. ;t- • A.p;;r Space for ` - 915 PacTia Ave.Unit g I' .:signed Parkin,Spec. ,r 921 hcd,.Ar.unit A -1 . • • One off-street parking space required ' �j_ ' and provided r II ` • `\� lit itt • No known opposition • one assigned space in the l ' parking tot • Halm icalexemptipn to y 1. C. repuireminls;only one(pace � needed _ Ii`, N JIM LUTZ 132 V8 September 5, 2023 32 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#74607 (Continued) ., v 1 Sr.R,IN 4 '',`C 1 I! - i i,. •'� 1 ..• ,yry1, 1,, Hliwt110111 `� � ~\ ff1{ 1 `l H ` ��l���1Nt4 s�K q Il n lei, ' ,S. ;\ Short Term Rental �.•. �t�„ •STR Permits(ill Ilpd..,I ' i. VB ASCENSIONS GROUP, LLC City Council:District 6 7 & 8 Location:400 22nd Street&2106 Arctic Avenue c J / ." ""' t,o,. 1 " ‘ CONDITIONAL USE PERMITS(Short Term Rentals) Staff recommends Approval Planning Commission',. commend Approval 34 VB September 5, 2023 33 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#74607 (Continued) -,1111011111 • : d ,r;... '•aoSdlt..• L :ti Li li tf 1 I s • Requesting to operate an STR in each of the two,4-bedroom dwellings on site • Neither dwelling previously utilized as an STR ASCENSIONS GROUP,LLC 135 VB iv r•.g• _ 7.0 31 C' 2�1¢ FR. ....1 P w 22n..00�22nE 5T)'P.!Y I 1.4 1C '-28 • Four off-street parking spaces are required per 7.e T. • dwelling;a total of 8 spaces are provided on 20'Of 4 (— coI* . Z site 7'74 f.!P 2n.I. ..o,' i o LU L "S'I R > • While 4 of the spaces encroach into the Arctic �I Q Ave right-of-way,they do not encroach into f •I obi l 8 the actual roadway or block the sidewalk r1 teR1 eft A !>V - /2t�p6(ARfiC nvL.) • One letter of opposition received noting ��vj PP o n.Y 1. concerns with the number of STRs in the area f L<C II 2151 1/2 STREET (i0 R/5) ASCENSIONS GROUP.LLC 136 VB September 5, 2023 34 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#74607 (Continued) OR 11 -. "jo . * Opposition(1) i \oet j OR.,_ _ "F61 1151 1Sr� 1 OR ASCENSIONS GROUP,LLC 137 MB 1 1H51 x5 ` xd1H Si 1 r h ., , "." In c 'A x1>tH 51 ` < m pRO ST 9 m z 't5RO 1iPl.F 51 Y�p pROS1 Si m(LY OAF xxH xxNp 51 N o N1'H'PLf 51 N DCm A - x4515� T 1p1MHP1.F SI xp1H Si } a m C G m xo7 Iy1H 5� �+' Short Term Rental .7 51 - •STR P.nnnIInI ;, IASCENSIONS GROUP,LLC(38 B September 5, 2023 35 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#74607 (Continued) NICHOLAS IULIANO City Council:District 6 9 Location:505 20th''A Street `` woo CONDITIONAL USE PERMIT(Short Term Rental) Staff recommends Approval Planning Commission voted 8 to 0 to recommend Approval w 'r • Deferred at the June 20th,July 18'h,& MI MI III 111I ' `� �. .4 • August 15th City Council hearings • Three-bedroom condominium unit • —_ No known violations or past STR use 411- fir. ww 1. NICHOLAS IULIANO 1 40 VB September 5, 2023 36 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#74607 (Continued) e.:ho ',:.. !.. x x T ` 507 20•'/Street II `ty° • Two on-site parking spaces • One off-site parking will be I i 507 Space 1 507 Space ~ required 1 505 20h'h Shoat 1 1 .1-1111111111111111 1 NICHOLAS IUIIANO 141 VB - 11 ', A-. 1111 p OR -- Opposition(2) _tilt OR NICHOLAS IULIANO 142 VB September 5, 2023 37 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#74607 (Continued) r �o yA1N s1,,,,to�,lF 61. ,` s � V 1 J 7jRU s1 Hp,tF s1 h _ , . _ - < _72H 22NOs1 c fi p 'n I • G T N `F' fi < 2FSj Y `r,sl s 1 C p1H m . � HplF,5, 10,A s3 R!. \: ' -,iv\ T. tesi+FY ' '--I ii 5-1 $ " ill_ - — —_ 1 Short Term Rentals 1, \ J`O l- •5m veimlulul NICHOLAS IULIANO I 43 VB JAMIE GEORGE City Council:District 6 10 Location:507 20th''A Street ,�111'.. *.*:' v.. .... i li S0 \ 1 '.. - Os 1} a CONDITIONAL USE PERMIT(Short Term Rental) Staff recommends Approval Planning Commission vot ommend Approval :1 September 5, 2023 38 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#74607 (Continued) a • .F#_:v,+c • Deferred at the June 20th,July 18'",& ilVille till 'iii' o-T K August at City Council hearings i La i+ r • Three-bedroom condominium unit q . .L. • No known violations or past STR use r 1 IAMIE GEORGE 145 VB =,--7E=.L7k-%---Jk .— _ II Q I 9 f 501 2On;',Street I" •'+ X--n—gym.' I I_ � I /'. . I I :: : +a • Two on-site parking spaces Go 3 ix - ,,, -i: . 1 i . . SI • One off-site parking will be � e 1 ' ya ~ required 505 2On Y.Street I 1 Ilin ..............irIC I I 'of �ae.... =.ai r- j -- •, , s PP,ss'r IAMIE GEORGE 146 VB September 5, 2023 39 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#74607 (Continued) lir -01\ ,. N KYLF SY - � i OR Opposition Z .1 PP I -1 li y OR _ ''F OR OR 1 1 `S JAMIE GEORGE 147 VB f Y• 1 ~ 2,+tHgt o�,Fst' '1- 1(1�.\�_ al,-rf"f 7. t a , 1r11j Y_ e. ,1, _ c, _......4152,04 ., „, ,,, A \_ wr le.1` c+ i -11S m 1 ; 1 ", 20SH St m J p 'VM p m 191H St I 1- 1�.,.Sm qq�U = .T m r ti I IH '� t1 po Short Term Rental Mayor Dyer expressed his appreciation to Ms.Alcockfor the presentation. September 5, 2023 40 CITY COUNCIL LIAISON REPORTS ITEM#74608 3:10 P.M. Council Member Remick advised he attended the Virginia Beach Community Development Corporation (VBCDC) meeting where the annual financial summary report was presented. Council Member Remick advised the VBCDC had a positive cash flow of$50,000 for the second year in a row. Council Member Remick advised the VBCDC is currently working with National Alliance on Mental Illness (NAMI) to develop approximately fifty (50) housing units and the NAMI Headquarters off of Princess Anne Road. Council Member Remick further advised, two (2) out of the three (3) properties in Norfolk that were required to be sold as part of the debt forgiveness agreement have been sold and the third property is set for closing. Council Member Remick expressed his appreciation to the VBCDC Members and the good work they continue to do. September 5, 2023 41 CITY COUNCIL LIAISON REPORTS ITEM#74609 (Continued) Council Member Henley advised the Boards and Commissions Annual Reports have been submitted and expressed her appreciation to Terri Chelius, Chief Deputy City Clerk,for tracking and distributing all of the reports and to the Staff Liaisons and Commissioners who prepared them. Council Member Henley advised the Boards and Commissions she is a Liaison to, took the reports seriously and provided informative information about what each of them have accomplished over the past year and believes the Body will benefit from the information. Council Member Schulman advised within the Annual Reports are recommendations for the Body to consider and would like to have them collated for the Body to discuss and act on. September 5, 2023 42 CITY COUNCIL LIAISON REPORTS ITEM#74610 (Continued) Council Member Ross-Hammond advised she and Council Member Rouse attended the last Parks After Dark event and was a great time. Council Member Ross-Hammond advised Council Member Rouse is the Liaison to the Public Library Board who had a story book walk which was also very nice. Council Member Rouse advised there was an entire walkway adjacent to the field where families could walk and see interactive stories along the way. September 5, 2023 43 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#74611 3:13 P.M. Mayor Dyer advised the Body is coming together during some challenging times and it will be bitter sweet to see Council Member Holcomb leave the Body to take over as Sheriff following Sheriff Kenneth Stolle's upcoming retirement. Mayor Dyer advised he had a discussion with Council Member Berlucchi who has a recommendation for the Body to consider on how to fill Council Member Holcomb's District 1 seat and asked him to share his recommendation. Council Member Holcomb advised he wanted to recuse himself from the discussion and stepped out. Council Member Berlucchi advised he is sorry to see Council Member Holcomb leave but is happy for the new role he will take on. Council Member Berlucchi advised the Body needs to discuss how his vacancy will be filled since it will occur on September 20 and sixty(60)days from then will still be within this year, and with Council Member Holcomb's term ending in December 2024, the new Council Member will serve over a year. Council Member Berlucchi advised he has spoken with the Registrar and City Attorney and though it may be a little complicated, advised there is time to hold a Special Election in early January. Council Member Berlucchi advised the Body will have to decide on holding either a Special Election or going through the appointment process now, adding he has previously supported holding Special Elections when possible and believes it should be done to fill the District 1 seat. City Attorney Stiles advised the Body is required to ask the court for a Special Election within fifteen (15) days of a vacancy, the question for the Body is to determine what date should be requested for the Special Election. City Attorney Stiles explained typically the date for the next General Election is used unless the vacancy happens too soon, as in this case since there is not enough time between the end of September and November 7`1, which then moves the default date to November 2024, when the next General Election is held. City Attorney Stiles advised the Body can request a different date, as Council Member Berlucchi is recommending, and in that case, the City would pay the cost for holding a Special Election and the Body should consult with the Electoral Board and the Registrar to ensure appropriate staffing is available. Mayor Dyer advised historically the Body has appointed Council Members as a "placeholder" until a Special Election was held but wanted to have this discussion today for the Body to consider the option brought forward by Council Member Berlucchi. Council Member Berlucchi believes citizens prefer to vote for their representative and it is a fundamental part of democracy. Council Member Berlucchi advised the cost for a Special Election is less now since the election will be held only in District 1 which reduces it to one tenth of the cost of a City wide election. Council Member Berlucchi advised he has had the experience and privilege of being appointed and elected to City Council; and expressed to those who have stated they would not serve if they have to go through an election, then public service is probably not for them. Council Member Henley asked if January was the earliest a Special Election could be held then the District 1 seat would be vacant for three (3) months. September 5, 2023 44 CITY COUNCIL DISCUSSION/INITLATIVES/COMMENTS ITEM#74611 (Continued) City Attorney Stiles advised the City Charter and State Code expects that within sixty(60)days of a vacancy, that an appointment is made for an interim Council Member until a Special Election is held, whether that time period is ninety(90)days or fourteen (14) months. Council Member Henley advised there are pros and cons to both and believes it is important for both the Body and public to be aware of City Attorney Stiles advised it is important for the Body to have this discussion now since the deadline to file for a Special Election is fifteen(15)days after the vacancy and the Body will need to determine the date of the Special Election. Council Member Berlucchi asked if the court would have any concerns if the Special Election was held in January even though it would leave the seat vacant for three (3) months? CityAttorney Stiles advised the City Charter states the Body "shall"make an appointment within sixty(60) days whereas the State Code states the Body "may"make an appointment within forty five (45) days and if the Body does not then the Circuit Court Judge may make the appointment. City Attorney Stiles advised he does not know what the Circuit Court may do but believes it is reasonable for the court to allow a request to fill the seat in ninety(90)days. Council Members Ross-Hammond and Schulman both expressed their support for a Special Election to be held in January. Vice Mayor Wilson asked what is the timeframe that determines if an appointment or a Special Election should be held? Mayor Dyer advised that is the purpose of this discussion, in this case the appointment would be for fourteen (14) months, if the Body chose to have the Special Election held during the next General Election in 2024 and believes that is too long since typically the Body only appoints those who would serve a few months until an election. Vice Mayor advised this would be a real change from what the Body has historically done and believes it is important to define what time period is considered short term and long term. City Attorney Stiles advised the State Code also requires the Body to file a date to hold a Special Election when there is a vacancy of a Constitutional Officer within fifteen (15) days, and therefore the Body will need to file for the Sheriff's position at the same time as Council Member Holcomb's. City Attorney Stiles advised it was his understanding that the intent for the Sher election was to be held during the November 2024 General Election as that will be a City wide election and require more funding and administrative support from the Voter Registrar's Office. City Attorney Stiles reminded the Body in order to meet the required fifteen (15) day period to file the petition, they will need to vote to approve both Special Election dates during the October 3rd City Council meeting, advising the dates for the Special Elections do not have to be for the same day. September 5, 2023 45 CITY COUNCIL DISCUSSION/INITL4TIVES/COMMENTS ITEM#74611 (Continued) Vice Mayor Wilson requested information on the costs for the District 1 and City wide Special Elections. Mayor Dyer advised there is a lot to consider and is why he wanted to have this discussion today and requested staff to provide the necessary data points to the Body for their review and consideration. September 5, 2023 46 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#74612 (Continued) Vice Mayor Wilson advised there was previously discussion on naming the ten (10) voting Districts by name rather than by number and proposed the idea of having a "Name Your District"contest involving school students and community groups to submit names with each Council Member being involved in the contest. City Manager Duhaney advised this was a place making item that was being contemplated as part of the focus action plan and can be aligned with Vice Mayor Wilson's idea. Mayor Dyer expressed his support and mentioned Council Member Berlucchi's idea for more artwork in the City, adding each District could have their own piece of unique art displayed. September 5, 2023 47 CITY COUNCIL DISCUSSION/INITL4TIVES/COMMENTS ITEM#74613 (Continued) Council Member Remick advised activity at the Resort has been busy as the tourist season slows down with the Coastal Edge East Coast Surfing Championship recently holding their 6Pt annual championship, Chartway Credit Union and J&R Racing sponsored 5k and 10k races and Beach Events held several events. Council Member Remick advised the Mid-Atlantic Shrine Association (MASA) will hold their 23'.d Annual Convention September 7h-10h and will have a Parade on September 0 and then the Neptune Festival will be held during the last weekend in September. September 5, 2023 48 CITY COUNCIL DISCUSSION/INITL4 TI VES/COMMENTS ITEM#74614 (Continued) Council Member Holcomb advised on August 24`'`, the first week for High School football, the game being held at Kempsville High School to host Green Run had to be cancelled during the fourth quarter due to gun fire. Council Member Holcomb advised the after action report stated there were three(3)people shot and injured with the use of illegal weapons and shared comments made by both coaches who were heartbroken and stunned by the events. Council Member Holcomb encouraged anyone with information of the shooting or knows anyone with illegal firearms to call 1-888-lock-u-up to make a report. Council Member Holcomb expressed there is no place for this in the City and it is unacceptable that no witnesses came forward to provide information. Council Member Holcomb emphasized the importance of people in the community who see criminal activity report it to the authorities. September 5, 2023 49 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#74615 (Continued) Council Member Wooten advised she recently saw commercials on television for two (2) different recreation centers and expressed her appreciation to staff for promoting and marketing the City's amenities. September 5, 2023 50 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#74616 (Continued) Council Member Wooten advised she would like to have something addressing the fentanyl crisis, affecting young adults, included in the Legislative Package. Council Member Wooten advised she is researching this to look at how fentanyl can be addressed and added this is an example of an item that may not have unanimous support, but she still would like included in the Legislative Package as it is important to the community. September 5, 2023 51 CITY COUNCIL DISCUSSION/INITL4TIVES/COMMENTS ITEM#745617 (Continued) Council Member Rouse advised she will host a District 10 Town Hall Meeting on September 11 rk at 6:00 P.M, at Green Run High School. September 5, 2023 52 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#74618 (Continued) Council Member Berlucchi advised he will host a District 3 Town Hall Meeting on September 14t"from 6:00—8:00 P.M, at the Philippine Cultural Center. September 5, 2023 53 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#74619 (Continued) Council Member Taylor advised he attended the Great Neck Pavilion Ribbon Cutting Ceremony which was a great event and a beautiful facility. Council Member Taylor advised the gazebo near the water was also remodeled and both can be booked for weddings,parties or other events. September 5, 2023 54 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#74620 (Continued) Council Member Taylor advised he is working with the Communications Department to host a "Culture Meets Commerce" event at the Yendidi African Restaurant in District 3 at the end of the month with the support of Council Member Berlucchi. Council Member Taylor advised the event will give artists and business owners an opportunity to visit a venue with cultural background and bring commerce together. September 5, 2023 55 AGENDA REVIEW SESSION ITEM#74621 3:50 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: K. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND City Code Section 10-1 re change the Central Absentee location to Building 23 for the November 2023 and March 2024 Elections 2. Ordinance to AMEND City Code Sections 5-311, 5-500, 5-501 and 5-520 through 5-529 re animals 3. Resolution to ADD Student Members to the Open Space Advisory Committee(Requested by City Council) 4. Resolution to APPROVE the FY-2024 Performance Contract with the Commonwealth of Virginia re mental health, developmental and substance use disorder services and ACCEPT, APPROPRIATE and TRANSFER State funds 5. Ordinance to EXTEND the date for satisfying the conditions re closing an improved portion of right-of-way adjacent to 204A, 204E and 202 75h Street 6. Ordinance to EXTEND the date for satisfying the conditions re closing an improved portion of right-of-way adjacent to 7406 Atlantic Avenue 7. Ordinance to EXTEND the date for satisfying the conditions re closing portions of unimproved rights-of-way adjacent to 203 75t Street 8. Ordinance to EXTEND the date for satisfying the conditions re closing a portion of unimproved right-of-way adjacent to 205 75`h Street 9. Ordinance to EXTEND the date for satisfying the conditions re closing a portion of unimproved right-of-way adjacent to 209 75`''Street 10. Ordinance to EXTEND the date for satisfying the conditions re closing a portion of unimproved right-of-way adjacent to 211 75`h Street 11. Ordinance to EXTEND the date for satisfying the conditions re closing a portion of unimproved right-of-way adjacent to 213 75th Street 12. Ordinance to EXTEND the date for satisfying the conditions re closing a portion of unimproved right-of-way adjacent to 215A and 215B 75`h Street 13. Ordinance to EXTEND the date for satisfying the conditions re closing a portion of unimproved right-of-way adjacent to 217 75`h Street September 5, 2023 S6 AGENDA REVIEW SESSION ITEM#74621 (Continued) 14. Ordinance to EXTEND the date for satisfying the conditions re closing a portion of unimproved right-of-way adjacent to 7500 Atlantic Avenue 15. Ordinance to EXTEND the date for satisfying the conditions re closing a portion of unimproved right-of-way adjacent to 208A and 208E 76th Street 16. Ordinance to EXTEND the date for satisfying the conditions re closing a portion of unimproved right-of-way adjacent to 210 76th Street 17. Ordinance to EXTEND the date for satisfying the conditions re closing a portion of unimproved right-of-way adjacent to 214 76th Street 18. Ordinance to EXTEND the date for satisfying the conditions re closing a portion of unimproved right-of-way adjacent to 216A and 216B 76th Street 19. Ordinance to EXTEND the date for satisfying the conditions re closing a portion of unimproved right-of-way adjacent to 218A and 218E 76th Street 20. Ordinance to EXTEND the date for satisfying the conditions re closing a 334 square foot portion of unimproved right-of-way adjacent to the rear of 317 45th Street 21. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property known as Treasure Canal, located at the fear of 2240 Windward Shore Drive re construct and maintain a boat lift, wood dock and a portion of a wood pier DISTRICT 8 22. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property known as Lake Holly located at the rear of 703 Arctic Avenue re construct and maintain a vinyl bulkhead and a timber pier DISTRICT 5 23. Ordinance to CARRY FORWARD and APPROPRIATE $10,145,169 to the FY 2023-24 Operating Budget re purposes previously approved in FY 2022-23 24. 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(Deferred from August 8, 2023) STAFF RECOMMENDS INDEFINITE DEFERRAL K. ORDINANCES/RESOLUTIONS: ITEM#24 WILL BE CONSIDERED FOR INDEFINITE DEFERRAL September 5, 2023 57 AGENDA REVIEW SESSION ITEM#74621 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: L. PLANNING 1. SHJ CONSTRUCTION GROUP, LLC /ATLANTIC SHORES BAPTIST CHURCH for a Modification of Conditions re religious use and Conditional Use Permit re car wash facility at 1861 Kempsville Road DISTRICT 7 2. FRANKLIN JOHNSTON GROUP MANAGEMENT & DEVELOPMENT, LLC/ADDIE S. VANDERMEL REVOCABLE TRUST & ET AL, WILLIAM E. & PHYLLIS H. SAWYER, KEELINGWOOD APARTMENTS,LLC for a Conditional Change of Zoning from AG-1 &AG- 2 Agricultural Districts to Conditional A-18 Apartment District with Workforce Housing Overlay District and Modification ofProfers re expand and add 176 additional units for a portion of 2737 Princess Anne Road& eastern adjoining parcel, 2520 Allie Nicole Circle DISTRICT 2 (Approved July 8, 2014) 3. SPEEDGEARZ, LLC / COVINGTON FAMILY TRUST for a Conditional Use Permit re automobile repair garage at 212 Dorset Avenue DISTRICT 4 4. LONDON BRIDGE DEVELOPMENT, LLC for a Conditional Use Permit re bulk storage yard at 130 London Bridge Road DISTRICT 6 L. PLANNING ITEMS: ITEM#2 WILL BE CONSIDERED FOR WITHDRAWAL ITEM#4 WILL BE CONSIDERED SEPARA TEL Y September 5, 2023 58 ITEM#74622 Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose: PUBLICLY HELD PROPERTY: Discussion or consideration of the acquisition of real property for public purpose; or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). • District 2, 5, 6 • District 2 • District 5 LEGAL MATTERS: Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel pursuant to Section 2.2- 3 711(A)(8) • Wycliffe Presbyterian Church PERSONNEL MATTERS: Discussion, consideration, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees of any public body pursuant to Section 2.2-3711(A)(1) • Council Appointments: Council, Boards, Commissions, Committees, Authorities,Agencies and Appointees September 5, 2023 59 ITEM#74622 (Continued) Upon motion by Council Member Holcomb, seconded by Council Member Ross-Hammond, City Council voted to proceed into CLOSED SESSION at 4:03 P.M. Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None Break 4:03 P.M. — 4:15 P.M. Closed Session 4:15 P.M. — 5:00 P.M. September 5, 2023 60 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL SEPTEMBER 5, 2023 6:00 P.M. Mayor Dyer called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in City Council Chamber, City Hall, on Tuesday, September 5, 2023, at 6:00 P.M Council Members Present: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None INVOCATION:Reverend Joseph Varner Senior Pastor, Thalia United Methodist Church MOMENT OF SILENCE PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA CITY COUNCIL DISCLOSURES: Vice Mayor Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard Hanna Real Estate Services ("Howard Hanna'), who's Oceanfront Office is located at 303 34`'`Street Suite 102, Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size of Howard Hanna, and the volume of transactions it handles in any given year,Howard Hanna has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review of the agenda for any given meeting of the Council, she identifies a matter in which she has a `personal interest," as defined in the Act, she will file the appropriate disclosure letter to be recorded in the official records of the City Council. Vice Mayor Wilson regularly makes this disclosure. Her letter of February 20, 2018 is hereby made part of the record. September 5, 2023 61 Council Member Remick DISCLOSED that he is employee of Colliers International Virginia, LLC, ("Colliers')which is a commercial real estate services company. Because of the size and nature of Colliers and the volume of transactions it handles in any given year, Colliers has an interest in numerous matters in which he is not personally involved and has no personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he participates in a matter before the City Council in which Colliers has an interest in the transaction and he has no personal knowledge of that interest. In order to ensure compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is Council Member Remick's practice to thoroughly review the agenda for each meeting of the City Council to identify any matters in which he might have an actual or potential conflict. If, during review of the agenda for a Council meeting, he identifies a matter in which he has a `personal interest,"as defined by the Act, either individually or as an employee of Colliers, he will file the appropriate disclosure or abstention letter to be recorded in the official records of the City Council. September 5, 2023 62 VILF CERTIFICATION ITEM#74623 Upon motion by Council Member Holcomb, seconded by Council Member Ross-Hammond, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 5, 2023 q_0411'3 4c a OR OUR Rli' RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINL4 BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM#74622 on Page 59 and in accordance with the provisions of The Virginia Freedom of Information Act;and, WHEREAS:Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW,THEREFORE,BE IT RESOLVED:That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. Ama arnes, City Clerk September 5, 2023 63 ITEM— VII.G.1 MINUTES ITEM#74624 Upon motion by Council Member Holcomb, seconded by Council Member Remick, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of August 15, 2023 Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson - and Sabrina D. Wooten Council Members Absent: None September 5, 2023 64 ITEM— VIL 1 MAYOR'S PRESENTATION ITEM#74625 PROCLAMATION DISABILITY VOTING RIGHTS WEEK Mayor Dyer welcomed Mary Mathena, Mayor's Commission of Persons with Disabilities, and read the Proclamation declaring September 11-15, 2023 as, "DISABILITY VOTING RIGHTS WEEK IN VIRGINIA BEACH"and called upon the citizens and members within government agencies,public and private institutions, businesses and schools, to be neighbors helping_neighbors during elections for the benefit and betterment of the community so that future generations can appreciate and further uplift our beloved City. Ms.Mathena expressed her appreciation to City Council for their support and for this recognition. Ms. Mathena advised people with disabilities need to use their voice and the best way they can do that is by voting. September 5, 2023 • • • i L Op ouR NN-c, rottama t n _ _ 'Whereas: there are over 61 million adults'with disabilities living in communities_throughout the Vniied - States,•and over 1 6'millton adults with disabilities reside in Virginia,andover49 thousandadults - with disabilities live in theCity of Virginia Beach;and 'Whereas - Over.38 r38m me with disabilities are eflgi6le'voters;and . WI:B et= Thedisahilitycommunity;has a eriticaf interest in policies anddecisions made Laneenactedatfocal; state,and nationalfevels that impact our lives directly and 4114ieur: Staking sure people with disabilities have access to voting'is essential if these policies are to.meet the' . real needs of people with disabilities in our communities;and _ Whereas? `Coting.is one sure way for the disability community to have a say in the people and-pal-Mies,that - impact their communities;and } 144iiereas; N2A1 Ni'r in' which stands for" ister!Educate'-Note!`Use yourBower 1"is the statewide • , effort to build the voting power of disabledVi'rginians and - - 'i44 ereas Members of the national disability rights community are organizing the 7i anmtal(Disabilsty: Voting fights WeekSeptember11 to 1S,`2023;and _ r .Wfiertas X`!VT'Virginia planning events across the Commonwealth to celebrate cDisahiaty Noting fights,including at tfie Endependence Center on the precedingSaturday,Septem6er Now,Z&e core I,'pbert 9Vf.Bo66y'Dyer,Mayor of the City of llirginia'jBeach,Virginia,'do hereby proclaim ` . , Seiltein6er 11-15 2023- asDisa6ifity Votinghts Wee it. in Virginia Beach - In`Gr»girta t9eacft,I call upon the citizens andmem6ers within government agencies,public andprivate in3tituxuins,. businesses;andschoofs in Virginia Beach to also be"neighbors helping neighbors'during elections for the benefit and betterment of the communityso that fiiture generations can appreciate and flirt her-uplift our befovecf City"of'Virginia • Beach In Witness WIiereof I have hereunto set my hand and caused the Official'Seat of the City:of Virginia Beacli, Virginia,to be.affLlTedthis fifth'Day•ofSeptember,Two 7housandandTweitty-`Three• .•j i., >. a,+ - -- • ��44 r K� q Wsi6ert 9f.,:Bobby.'!Dyer • I a Mayor ,firs I. . • • iLL ti. 65 ADD ON MAYOR'S PRESENTATION ITEM#74626 RESOLUTION MOUNT TRASHMORE 50th ANNI VERSAR Y On behalf of Mayor Dyer, Council Member Berlucchi welcomed Michael Kirschman, Director-Parks and Recreation andread the Resolution commemorating the 50th Anniversary of Mount Trashmore. Mr. Kirschman expressed-his appreciation to City Council for their support and for this recognition.Mr. Kirschman advised when he was preparing to move and work for the City,people were telling him about Mount Trashmore and it is remarkable how many people,from all over the country, know of Mount Trashmore. September 5, 2023 s 041AB 40 9�8 rip OUR NATO 00 RESOLUTION WHEREAS:Mount Trashmore Park opened in 1973 as the first landfill-to-park conversion in the world;and WHEREAS: The park was the brainchild of Roland E.Dorer, the Director of the State Department of Health,Insect and Vector Control in the mid-1960s,as a creative solution to the growing municipal landfill;and WHEREAS:At that time municipal waste was often disposed of in trenches;with Virginia Beach being at sea-level and our water table close to the surface,space was limited so the plan was to build up;and WHEREAS: The last trash was dumped at the site in 1971, and over the next five years, 640,000 tons of trash were transformed into a mountain at the cost of approximately$1.1 million;and WHEREAS: Officials originally planned to name the mountain "Gull Dorer Park,"but during construction, local citizens nicknamed it "Mount Trashmore"in reference to MountRushmore in South Dakota;and WHEREAS: The smaller hill next to the main mountain is named Encore Hill and is half the size of Mount Trashmbre;and WHEREAS:Two lakes were created during the park's construction as dirt was removed to build the mountain:Lake Trashmore (located alongEdwin Drive) is'the , p _freshwater, deeper lake and has hwater, and_ Lake. Windsor (located along South Boulevard)is the smaller lake,has brackish water,and feeds into Thalia Creek;and faces The north sideofthe mountain,which Interstate 264,features an iconic 35 foot Virginia Beach City seal made of recycled foam to welcome residents and other visitors;and sailingearly days, the WHEREAS,In the ea y ay park hosted soap box derbies,competitive water skiing,fishing tournaments,wind and paddle boat rentals;and WHEREAS,A 24,000 square foot skate park opened in 2003 and expanded in 2006 to include a 13.5 foot-tall vert ramp and has hosted numerous professional skateboarders,including Tony Hawk;and WHEREAS, The park's iconic playground,Kids Cove,opened in 1993 and was built by thousands of volunteers over a five-day period,and the project's concept and fundraising effortswere spearheaded by the Junior Women's Club of Virginia Beach;and. WHEREAS, ,. q f • f pour-and-play- - The fully renovated 26 000 square foot Kid s Cove opened m 2010 and features a surface, barrierfree entry and wheelchair-friendly swings,making it accessible to children of all abilities;and WHEREAS, The next project on the horizon for the park is the installation of a hillside playground near Kids Cove, which is slated to open in late summer of 2024;and gn of fifteenth• relationship with Miyazakireco recognition the anniversary of the City of Virginia Beach's- Sister Cities WHEREAS, In 2007, in City, p ry ' p " P Japan, azaki s eco- ark Hagino Dai and Mount Trashmore Park officially became "Sister Parks• and WHEREAS,Mount Trashmore is the most visited park in Virginia Beach NOW,THEREFORE,BE IT RESOLVED: The Virginia Beach City Council hereby commemorates and celebrates the SOth anniversary of Mount Trashmore and urges all residents to enjoy the park's many amenities. Adopted by. the Council of the City of Virginia Beach, Virginia the 5`h day of September 2023 and present this Resolution duly signed by each Member of the Virginia Beach City Council. fl Council Member Michael 0/ 1 a►. Al oci= IlovIvt Hen Council Member N.D. Rocky"Holcomb F.Ber ucchi Council Member Barbara M.H / )04(stf, datZ •-eA'tA., 14 - tr R,-.4—e_____ Cou cil_Member Robert W. "Worth"Remick Council Member Amelia N.Ross-Hammond ,P;®mb- Jen;-, •ous 1 . n, -- Council Member Joashua Joash"Schulman Council Membef Chris Taylor . ci1 Memb-mir'.rina D. Wooten ....e4.e....c. Vice Mayor R emary Wilson Mayor Robert M. "Bob by" 66 ITEM— VILH.1 PUBLIC HEARINGS ITEM#74627 Mayor Dyer DECLARED a PUBLIC HEARING: CHANGE THE CENTRAL ABSENTEE PRECINCT LOCATION FOR THE NOVEMBER 2023 AND MARCH 2024 ELECTIONS to Building 23 within the Municipal Center There being no speakers, Mayor Dyer CLOSED the PUBLIC HEARING September 5, 2023 67 ITEM— VILH.2 PUBLIC HEARINGS ITEM#74628 Mayor Dyer DECLARED a PUBLIC HEARING: LEASE OF CITY PROPERTY 2089 Indian River Road—Residential Dwelling to Haleigh Harper Krause There being no speakers, Mayor Dyer CLOSED the PUBLIC HEARING September 5, 2023 68 ITEM— VILH.3 PUBLIC HEARINGS ITEM#74629 Mayor Dyer DECLARED a PUBLIC HEARING: LEASE OF CITY PROPERTY 1,143 square feet of gravel parking area along Ocean View Avenue to B&J, Ltd. of Virginia The following registered to speak: Martha Therault, 4311 Black Beard Road, Phone: 287-2808, spoke in OPPOSITION There being no additional speakers, Mayor Dyer CLOSED the PUBLIC HEARING September 5, 2023 69 ITEM— VII.I.1 FORMAL SESSION AGENDA ITEM#74630 Mayor Dyer read the Speaker Policy and advised for items where only one (1)speaker is registered, the City Clerk will call the speaker and they will be given a total of six(6) minutes to speak on all items. The City Clerk called the following speaker: Martha Therault, 4311 Black Beard Road,Phone:287-2808,spoke in OPPOSITION to Agenda Items K24, L.2 and L.4 Michael Rezainik, 4004 Atlantic Avenue, Phone: 217-6078, spoke in OPPOSITION to Agenda Item L.3 Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council APPROVED, BY CONSENT,Agenda Items Ordinances K:1, 2,3, 4, 5, 6, 7, 8, 9,10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23 and 24(DEFERRED INDEFINITELY) and Planning Items L:1,2 (WITHDRAWN) and 3 (DEFERRED TO SEPTEMBER 19, 2023) Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None L. PLANNING ITEMS: ITEM#4 WILL BE CONSIDERED SEPARA TEL Y September 5, 2023 1 AN ORDINANCE TO AMEND SECTION 10-1 OF 2 THE CITY CODE TO MOVE THE CENTRAL 3 ABSENTEE PRECINCT FOR THE NOVEMBER 2023 4 AND MARCH 2024 ELECTIONS 5 6 SECTION AMENDED: § 10-1 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 1. Section 10-1 of the City Code is hereby amended and reordained to read as 12 follows: 13 14 Sec. 10-1. Establishment of precincts and polling places. 15 16 There are hereby established in the city the following precincts and their respective 17 polling places, as set forth below: 18 19 Precinct Polling Place 20 0001 Galilee Episcopal Church 21 3928 Pacific Avenue 23451 22 0002 Museum of Contemporary Art 23 2200 Parks Avenue 23451 24 0003 Ocean Lakes Elementary 25 1616 Upton Drive 23454 26 0004 Virginia Beach Community Chapel 27 1261 Laskin Road 23451 28 0005 Mount Olive Baptist Church 29 310 N. Birdneck Road 23451 30 0006 Alanton Elementary School 31 1441 Stephens Road 23454 32 0007 King's Grant Presbyterian Church 33 745 Little Neck Road 23452 34 0008 London Bridge Baptist Church 35 2460 Potters Road 23454 36 0009 Trantwood Elementary School 37 2344 Inlynnview Road 23454 38 0010 All Saints' Episcopal Church 39 1969 Woodside Lane 23454 40 0011 Edgar Cayce's Association for Research 41 and Enlightenment 42 215 67th Street 23451 43 0012 Lynnhaven Elementary School 44 210 Dillon Drive 23452 45 0013 Windsor Woods Elementary School 46 233 Presidential Boulevard 23452 47 0014 Malibu Elementary School 48 3632 Edinburgh Drive 23452 49 0015 Calvary Baptist Church 50 4832 Haygood Road 23455 51 0016 Bayside Sixth Grade Campus 52 4722 Jericho Road 23462 53 0017 The Louis R. Jones Bayside Recreation Center 54 4500 First Court Road 23455 55 0018 Independence Middle School 56 1370 Dunstan Lane 23455 57 0019 Bayside Church of Christ 58 5025 Shell Road 23455 59 0020 Bayside Elementary School 60 5649 Bayside Road 23455 61 0021 Bettie F. Williams Elementary School 62 892 Newtown Road 23462 63 0022 Point 0' View Elementary School 64 5400 Parliament Drive 23462 65 0023 Arrowhead Elementary School 66 5549 Susquehanna Drive 23462 67 0024 St. Andrews United Methodist Church 68 717 Tucson Road 23462 69 0025 Fairfield Elementary School 70 5428 Providence Rd. 23464 71 0026 Kempsville Presbyterian Church 72 805 Kempsville Road 23464 73 0027 Kempsville Middle School 74 860 Churchill Drive 23464 75 0028 Thalia Elementary School 76 421 Thalia Road 23452 77 0029 Holland Elementary School 78 3340 Holland Road 23452 79 0030 Seatack Elementary School 80 912 S. Birdneck Road 23451 81 0031 Red Mill Elementary School 82 1860 Sandbridge Road 23456 83 0032 Oak Grove Baptist Church 84 691 Princess Anne Road 23457 85 0033 Back Bay Christian Assembly 86 1212 Princess Anne Road 23457 87 0034 Blackwater Fire Station 88 6009 Blackwater Road 23457 89 0035 Kellam High School 90 2665 West Neck Road 23456 91 0036 Red Church Steeple 92 245 S. Rosemont Rd 23452 93 0037 Bayside Baptist Church 94 1920 Pleasure House Road 23455 95 0038 Bayside Presbyterian Church 96 1400 Ewell Road 23455 97 0039 Pembroke Elementary School 98 4622 Jericho Road 23462 99 0040 Union Baptist Church 100 4608 South Boulevard 23452 101 0041 College Park Elementary School 102 1110 Bennington Road 23464 103 0042 Brandon Middle School 104 1700 Pope Street 23464 105 0043 Salem Middle School 106 2380 Lynnhaven Parkway 23464 107 0044 Centerville Elementary School 108 2201 Centerville Turnpike 23464 109 0045 White Oaks Elementary School 110 960 Windsor Oaks Boulevard 23462 111 0046 Green Run Elementary School 112 1200 Green Garden Circle 23453 113 0047 King's Grant Elementary School 114 612 N Lynnhaven Road 23452 115 0048 WAVE Church 116 1000 N. Great Neck Road 23454 117 0049 John B. Dey Elementary School 118 1900 N. Great Neck Rd. 23454 119 0050 The Gathering at Scott Memorial 120 United Methodist Church 121 409 First Colonial Road 23454 122 0051 Kempsville Area Library 123 832 Kempsville Road 23464 124 0052 Providence Presbyterian Church 125 5497 Providence Road 23464 126 0053 Kempsville Elementary School 127 570 Kempsville Road 23464 128 0054 Landstown High School 129 2001 Concert Drive 23456 130 0055 Virginia Beach Moose Family Center 131 3133 Shipps Corner Road 23453 132 0056 St. Aidan's Episcopal Church 133 3201 Edinburgh Drive 23452 134 0057 St. Matthew Catholic Church 135 3314 Sandra Lane 23464 136 0058 Glenwood Elementary School 137 2213 Round Hill Drive 23464 138 0059 Shelton Park Elementary School 139 1700 Shelton Road 23455 140 0060 WAVE Church 141 2655 Seaboard Road 23456 142 0061 Ebenezer Baptist Church 143 965 Baker Road 23455 144 0062 Restoration Church at Landstown 145 3220 Monet Drive 23453 146 0063 Ocean Lakes High School 147 885 Schumann Drive 23454 148 0064 Rosemont Forest Elementary School 149 1716 Grey Friars Chase 23456 150 0065 Colonial Baptist Church 151 2221 Centerville Turnpike 23464 152 0066 Princess Anne Recreation Center 153 1400 Nimmo Parkway 23456 154 0067 Eastern Shore Chapel 155 2020 Laskin Road 23454 156 0068 Providence Elementary School 157 4968 Providence Road 23464 158 0069 Unity Church of Tidewater 159 5580 Shell Road 23455 160 0070 Corporate Landing Middle School 161 1597 Corporate Landing Parkway 23454 162 0071 Salem High School 163 1993 Sun Devil Drive 23464 164 0072 W. T. Cooke Elementary School 165 1501 Mediterranean Avenue 23451 166 0073 Green Run High School 167 1700 Dahlia Drive 23453 168 0074 Rosemont Elementary School 169 1257 Rosemont Rd. 23453 170 0075 Lynnhaven Colony Congregational Church 171 2217 W. Great Neck Road 23451 172 0076 Thalia Lynn Baptist Church 173 4392 Virginia Beach Boulevard 23462 174 0077 Plaza Annex 175 641 Carriage Hill Rd 23452 176 0078 Indian Lakes Elementary School 177 1240 Homestead Drive 23464 178 0079 Emmanuel Episcopal Church 179 5181 Singleton Way 23462 180 0080 Kingdom Cathedral 181 3820 Stoneshore Road 23452 182 0081 Salem Elementary School 183 3961 Salem Lakes Boulevard 23456 184 0082 Christopher Farms Elementary School 185 2828 Pleasant Acres Drive 23453 186 0083 Strawbridge Elementary School 187 2553 Strawbridge Road 23456 188 0084 Tallwood Elementary School 189 2025 Kempsville Road 23464 190 0085 Three Oaks Elementary School 191 2201 Elson Green Avenue 23456 192 0086 Haygood United Methodist Church 193 4713 Haygood Road 23455 194 0087 New Castle Elementary School 195 4136 Dam Neck Road 23456 196 0088 Hope Haven 197 3000 North Landing Road 23456 198 0089 New Covenant Presbyterian Church 199 1552 Kempsville Road 23464 200 0090 Morning Star Baptist Church 201 4780 First Court Road 23455 202 0091 Larkspur Middle School 203 4696 Princess Anne Road 23462 204 0092 Lynnhaven United Methodist Church 205 1033 Little Neck Road 23452 206 0093 Enoch Baptist Church Family Life Center 207 5685 Herbert Moore Road 23462 208 0094 Plaza Middle School 209 3080 S. Lynnhaven Road 23452 210 0095 Corporate Landing Elementary School 211 1590 Corporate Landing Parkway 23454 212 0096 Freedom Fellowship 213 836 Regency Drive 23454 214 0097 San Lorenzo Spiritual Center 215 4556 Indian River Rd. 23456 216 0098 Windsor Oaks Elementary School 217 3800 Van Buren Drive 23452 218 0099 Parkway Elementary School 219 4180 O'Hare Drive 23456 220 0100 Tabernacle United Methodist Church 221 1265 Sandbridge Rd. 23456 222 0101 Luxford Elementary School 223 4808 Haygood Road 23455 224 0102 Diamond Springs Elementary School 225 5225 Learning Circle 23462 226 0103 Kempsville Meadows Elementary. School 227 736 Edwin Drive 23462 228 0104 Woodstock Elementary School 229 6016 Providence Road 23464 230 0105 Pembroke Meadows Elementary School 231 820 Cathedral Drive 23455 232 0106 Thalia United Methodist Church 233 4321 Virginia Beach Boulevard 23452 234 0107 Linkhorn Park Elementary School 235 977 First Colonial Road 23454 236 0108 The Gala 417 237 2105 W. Great Neck Road 23451 238 Central Absentee Voter Agriculture/Voter Registrar Building 239 Precinct 240 241 Notwithstanding the preceding, for the November 2023 election and March 2024 primary 242 election, the Central Absentee Voter Precinct will be located at Building 23 within the 243 Municipal Center, which has a street address of 2473 North Landing Road. The Building 244 14 location, which is also known as the AgricultureNoter Registrar Building, shall remain 245 open to the public durinq the customary hours required for an office of the voter registrar 246 on the date of an election. 247 248 2. The Voter Registrar and the City Attorney are hereby directed to seek a 249 certification of no objection from the Office of the Attorney General using the 250 preclearance procedure provided by Virginia Code § 24.2-129(D) for the precinct 251 change authorized herein. The precinct change shall not be administered unless 252 and until the Attorney General has provided such certification or if 60 days lapses 253 without the Attorney General interposing an objection_ Adopted by the City Council of the City of Virginia Beach, Virginia, on this 5 t h day of September 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Voter Registrar CitY:A o ney's Office CA16289 R-1 August 25, 2023 71 ITEM— VILK.2 ORDINANCES/RESOLUTIONS ITEM#74632 Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council ADOPTED, BY CONSENT, Ordinance to AMEND City Code Sections 5-311, 5-500, 5-501 and 5-520 through 5- 529 re animals Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 5, 2023 1 AN ORDINANCE TO AMEND SECTIONS 5- 2 311, 5-500, 5-501, AND 5-520 THROUGH 5- 3 529 PERTAINING TO ANIMALS 4 5 SECTION AMENDED: § 5-311, 5-500, 5-501, 6 AND 5-520 THROUGH 5-529 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That Sections 5-311, 5-500, 5-501, and 5-520 through 5-529 of the Code of the 12 City of Virginia Beach, Virginia, are hereby amended and reordained to read as follows: 13 Sec. 5-311. Pet shops; posting of information about dogs. 14 (a) Any pet shop, as the term is defined in Code of Virginia § 3.2-6500, that sells dogs 15 shall place a clear and conspicuous sign near the cages in the public sales area 16 stating "USDA APHIS Inspection Reports Available Prior to Purchase."The sign shall 17 be no smaller than eight and one-half (81/2) inches high by eleven (11) inches wide, 18 and the print shall be no smaller than one-half inch. 19 (b) Any pet shop that sells dogs shall maintain for each dog in its possession a written 20 record that includes the following information: 21 (1) The breed, age, and date of birth of the dog, if known; 22 (2) The sex, color, and any identifying marks of the dog; 23 (3) Any additional identifying information, including a tag, tattoo, collar number, or 24 microchip; 25 (4) Documentation of all inoculations, worming treatments, and other medical 26 treatments, if known, including the date of the medical treatment, the diagnosis, 27 and the name and title of the treatment provider; 28 (5) For a dog obtained from a breeder or dealer: (i) the state in which the breeder, 29 and if applicable, the dealer are located; (ii) the U.S. Department of Agriculture 30 license number of the breeder and, if applicable, the dealer; (iii) the dealer; the 31 final inspection reports for the breeder and, if applicable, the dealer, issued by 32 the U.S. Department of Agriculture from the two years immediately before the 33 date the pet store received the dog; and (iv) the facility where the dog was born 34 and the transporter or carrier of the dog, if any; 35 (6) Fora dog obtained from a public animal shelter, the name of the shelter; and 36 (7) For a dog obtained from a private animal shelter or humane society, the name 37 of the shelter or organization and the locality in which it is located. 38 (c) Any pet shop that sells dogs shall maintain a copy of the written record required by 39 subsection (b) for at least two (2) years after the date of sale of the dog and shall 40 make such record available to the Office of the State Veterinarian upon reasonable 41 notice, to any bona fide prospective purchaser upon request, and to the purchaser 42 at the time of sale. Any such pet shop shall transmit the information required by 43 subdivisions (b)(5), (6), and (7) to the local animal control officer upon request. 44 (d) Any violation of this section, except for a violation of the requirement of subsection 45 (c) to make records available to the Office of the State Veterinarian or transmit. 46 information to the local animal control officer, shall also constitute a prohibited 47 practice under Code of Virginia § 59.1.200 and shall be subject to the enforcement 48 provisions of the Virginia Consumer Protection Act (Code of Virginia § 59.1-196 et 49 seq.). 50 . . . . 51 Sec. 5-500. Cruelty to animals; penalty. 52 (a) Any person who: (i) overrides, overdrives, overloads, tortures, ill-treats, or abandons; 53 any animal, whether belonging to himself of another; (ii)tortures any animal, willfully 54 inflicts inhumane injury or pain not connected with bona fide scientific or medical 55 experimentation; on any animal, or cruelly or unnecessarily beats, maims, mutilates, 56 or kills any animal, whether belonging to himself or another; (ii) (iii) deprives any 57 animal of necessary food, drink, shelter or emergency veterinary treatment; (iii) (iv) 58 sores any equine for any purpose or administers drugs or medications to alter or 59 mask such soring for the purpose of sale, show, or exhibition of any kind, unless such 60 administration of drugs or medications is within the context of a veterinary client- 61 patient relationship and solely for therapeutic purposes; (v) ropes, lassoes, or 62 otherwise obstructs or interferes with one or more legs of an equine in order to 63 intentionally cause it to trip or fall for the purpose of engagement in a rodeo, contest, 64 exhibition, entertainment or sport unless such actions are in the practice of accepted 65 animal husbandry or for the purpose of allowing veterinary care; (iv) (vi) willfully sets 66 on foot, instigates, engages in, or in any way furthers any act of cruelty to any animal; 67 (v)(vii) carries or causes to be carried by any vehicle, vessel or otherwise any animal 68 in a cruel, brutal, or inhumane manner, so as to produce torture or unnecessary 69 suffering; or (vi) (viii) causes any of the above things, or being the owner of such 70 animal permits such acts to be done by another is guilty of a class 1 misdemeanor. 71 In addition to the penalties provided in this subsection, the court may, in its discretion, 72 require any person convicted of a violation of this subsection to attend an anger 73 management or other appropriate treatment program or obtain psychiatric or 74 psychological counseling. The court may impose the costs of such a program or 75 counseling upon the person convicted. 76 (b) Nothing in this section shall be construed to prohibit the following: 77 (1) The dehorning of cattle conducted in a reasonable and customary manner; 78 (2) Authorized wildlife management activities or hunting, fishing or trapping as 79 regulated by the Code of Virginia; or 80 (3) To farming activities as provided by the Code of Virginia or regulations adopted 81 thereunder. 82 (c) It is unlawful for any person to kill a domestic dog or cat for the purpose of obtaining 83 the hide, fur or pelt of the dog or cat. A first-time violation of this subsection is a class 84 1 misdemeanor 85 (d) Any person convicted of violating this section may be prohibited by the court from 86 possession or ownership of companion animals. 87 Sec. 5-501. Adequate space for animals; time restriction on tethering dogs animals. 88 (a) It shall be unlawful to fail to provide any animal with adequate space. "Adequate 89 space" means sufficient space to allow each animal to (i) easily stand, sit, lie, turn 90 about, and make all other normal body movements in a comfortable, normal position 91 for the animal and (ii) interact safely with other animals in the enclosure. 92 (b) When a dog an animal is tethered, "adequate space" means a tether that permits the 93 above actions and is appropriate to the age and size of the dog animal. The tether 94 must be attached to the dog animal by a properly applied collar, halter, or harness 95 configured so as to protect the dog animal from injury and prevent the dog animal or 96 the tether from becoming entangled with other objects or dogs animals, or from 97 extending over an object or edge that could result in the strangulation or injury of the 98 dog animal. Furthermore, the tether must be at least fifteen (15)feet in length, or four 99 (4) times the length of the deg animal, as measured from the tip of its nose to the 100 base of its tail, whichever is greater, except when the dog animal is being walked on 101 a leash or is attached by a tether to a lead line or when an animal control officer, 102 having inspected an animal's individual circumstances, has determined that in such 103 an individual case, a tether of at least ten (10)feet or three (3) times the length of the 104 animal, but shorter than fifteen (15) feet or four (4) times the length of the animal, 105 makes the animal more safe, more suited, and better equipped to tolerate its 106 environment than a longer tether. The tether shall not, by its material, size, or weight 107 or any other characteristic, cause injury or pain to the animal; shall not weigh more 108 than one-tenth of the animal's body weight; and shall not have weights or other heavy 109 objects attached to it. The walking of an animal on a leash by its owner shall not 110 constitute the tethering of the animal for the purpose of this definition. When freedom 111 of movement would endanger the dog animal, temporarily and appropriately 112 restricting movement of the dog animal according to professionally accepted 113 standards is considered to be provision of adequate space. The provisions of this 114 definition that relate to tethering shall not apply to agricultural animals. 115 (c) It shall be unlawful for any dog to be tethered for more than one (1) hour, cumulatively 116 in any twenty-four-hour period. 117 . . . . 118 Sec. 5-520. DDefinitio;s�as used i„ this division. Dangerous dogs; investigation, 119 summons and hearing. 120 (a) As used in this section,"dog" includes a hybrid canine which is any animal that is or 121 can be demonstrated to be a hybrid of the domestic dog and any other species of the 122 Canidae family; that at any time has been permitted, registered, licensed, or 123 advertised as such; or that at any time has been described, represented, or reported 124 as such by its owner to a licensed veterinarian, law-enforcement officer, animal 125 control officer, humane investigator, official of the Department of Health, or State 126 Veterinarian's representative. 127 (b) Any law-enforcement officer or animal control officer who (i) has reason to believe 128 that an animal is a dangerous dog and (ii) is located in the jurisdiction where the 129 animal resides or in the jurisdiction where the act was committed may apply to a 130 magistrate for the issuance of a summons requiring the owner, if known, to appear 131 before a general district court at a specified time. The summons shall advise the 132 owner of the nature of the proceeding and the matters at issue. 133 (c) No law-enforcement officer or animal control officer shall apply for a summons 134 pursuant to subsection (b) if, upon investigation, the officer finds (i) in the case of an 135 injury to a companion animal that is a dog or cat, that no serious injury has occurred 136 as a result of the attack or bite, that both animals are owned by the same person, or 137 that the incident originated on the property of the attacking or biting dog's owner or 138 (ii) in the case of an injury to a person,that the injury caused by the dog upon the 139 person consists solely of a single nip or bite resulting only in a scratch, abrasion, or 140 other minor injury. In determining whether serious injury to a companion animal that 141 is a dog or cat has occurred, the officer may consult with a licensed veterinarian. 142 (d) A law-enforcement officer or animal control officer who applies for a summons 143 pursuant to subsection (b) shall provide the owner with written notice of such 144 application. For thirty (30) days following such provision of written notice, the owner 145 shall not dispose of the animal other than by surrender to the animal control officer 146 or by euthanasia by a licensed veterinarian. Following such provision of written 147 notice, an owner who elects to euthanize a dog that is the subject of a dangerous 148 dog investigation shall provide documentation of such euthanasia to the animal 149 control officer. 150 (e) If a law-enforcement officer successfully makes an application for the issuance of a 151 summons pursuant to subsection (b), he shall contact the local animal control officer 152 and inform him of the location of the dog and the relevant facts pertaining to his belief 153 that the dog is dangerous. 154 Lf Following the issuance of a summons following an application pursuant to subsection 155 (b), an animal control officer may confine the animal until the evidence is heard and 156 a verdict rendered. If the animal control officer determines that the owner can confine 157 the animal in a manner that protects the public safety, he may permit the owner to 158 confine the animal until the evidence is heard and a verdict rendered. Upon being 159 served with a summons for a dangerous dog, the owner shall not dispose of the 160 animal, other than by euthanasia, until the case has been adjudicated. The court, 161 through its contempt powers, may compel the owner of the animal to produce the 162 animal and to provide documentation that it has been, or will be within three business 163 days, implanted with electronic identification registered to the owner. The owner shall 164 provide the registration information to the animal control officer. 165 (g) Nothing in this section shall prohibit an animal control officer or law-enforcement 166 officer from securing a summons for a hearing to determine whether a dog that is 167 surrendered but not euthanized is a dangerous dog. 168 (h) Unless good cause is determined by the court, the evidentiary hearing pursuant to 169 the dangerous dog summons shall be held not more than thirty (30) days from the 170 issuance of the summons. The procedure for appeal and trial shall be the same as 171 provided by law for misdemeanors. Trial by jury shall be as provided in Article 4 172 (§ 19.2-260 et seq.) of Chapter 15 of Title 19.2 of the Code of Virginia. The 173 Commonwealth shall be required to prove its case beyond a reasonable doubt. The 174 court shall determine that the animal is a dangerous dog if the evidence shows that 175 it (i) killed a companion animal that is a dog or cat or inflicted serious injury on a 176 companion animal that is a dog or cat, including a serious impairment of health or 177 bodily function that requires significant medical attention, a serious disfigurement, 178 any injury that has a reasonable potential to cause death, or any injury other than a 179 sprain or strain or (ii) directly caused serious injury to a person, including laceration, 180 broken bone, or substantial puncture of skin by teeth. Unless good cause is 181 determined by the court, the appeal of a dangerous dog finding shall be heard within 182 thirty (30) days. 183 If after hearing the evidence the court finds that the animal is a dangerous dog, the 184 court: 185 (1) Shall order the animal's owner to comply with the provisions of this section and 186 Code of Virginia §§ 3.2-6540.01, 3.2-6542, and 3.2-6542.1 and City Code §§ 5- 187 521 and 5-522; 188 (2) May order the owner of the animal to pay restitution for actual damages to any 189 person injured by the animal or whose companion animal was injured or killed by 190 the animal. Such order shall not preclude the injured person from pursuing civil 191 remedies, including damages that accrue after the original finding that the animal 192 is a dangerous dog; and 193 f3) May order the owner to pay all reasonable expenses incurred in caring and 194 providing for such dangerous dog from the time the animal is taken into custody 195 until such time as the animal is disposed of or returned to the owner. 196 If after hearing the evidence the court decides to defer further proceedings without 197 entering an adjudication that the animal is a dangerous dog, it may do so, 198 notwithstanding any other provision of this section. A court that defers further 199 proceedings shall place specific conditions upon the owner of the dog, including the 200 requirement that the owner provide documentation that the dog has been, or will be 201 within three (3) business days, implanted with electronic identification registered to 202 the owner. Registration information shall be provided to the animal control officer. If 203 the owner violates any of the conditions, the court may enter an adjudication that the 204 animal is a dangerous doq and proceed as otherwise provided in this section. Upon 205 fulfillment of the conditions, the court shall dismiss the proceedings against the 206 animal and the owner without an adjudication that the animal is a dangerous dog. 207 (k) No animal shall be found by the court to be a dangerous dog: 208 (1) Solely because it is a particular breed; 209 (2) If the threat, injury, or damage was sustained by a person who was (i) committing 210 at the time a crime upon the premises occupied by the animal's owner; (ii) 211 committing at the time a willful trespass upon the premises occupied by the 212 animal's owner; or(iii) provoking, tormenting, or physically abusing the animal or 213 can be shown to have repeatedly provoked, tormented, abused, or assaulted the 214 animal at other times; 215 ( If the animal is a police dog that was engaged in the performance of its duties as 216 such at the time of the act complained of; 217 If at the time of the acts complained of the animal was responding to pain or iniury 218 or was protecting itself, its kennel, its offspring, a person, or its owner's property; 219 As a result of killing or inflicting serious injury on a dog or cat while engaged with 220 its owner as part of lawful hunting or participating in an organized, lawful dog 221 handling event; or 222 n If the court determines based on the totality of the evidence before it, or for other 223 good cause, that the dog is not dangerous or a threat to the community. 224 If the owner of an animal found to be a dangerous dog is a minor, the custodial parent 225 or legal guardian shall be responsible for complying with all requirements of this 226 section and Code of Virginia §§ 3.2-6540.01, 3.2-6540.02, 3.2-6540.03, 3.2- 227 6540.04, 3.2-6542, and 3.2-6542.1 and City Code §§ 5-521, 5-522, 5-523, and 5- 228 524. 229 (a) "Dangerous dog" means: 230 , 231 232 or cat. A canine or canine crossbreed is nota—dange-rGus—d-Gg—if,upen 233 , 234 235 ; 236 s ; or Gill such -attack occurred on the-p-rop r y oof the r ttacking or 237 biting dog's owner or custodian; or 238 239 per —A canine or canine crossbreed - not a dann dog if i pon 240 nves r► a law_en�sem n Q r or animal control officer f�Tthat4he 241 242 of a single nip or bite resulting-o- ; in a scratch, abrasion, nor oother minor iniar„ 243 iting, attacking, or inflicting 244 IN- on 245 246 , 247 248 , 249 inflicted serious injury to a person, serious disfigurement, serious impairment of 250 health, or serious impairment of a bodily function; or (iii) continued to 251 , 252 , 253 provided that its owncr has been given notice of that finding. 254 " 255 injury other than a sprain or strain, including serious-d-+sfig- cmc 256 impairment of health, or serious impairment of bodily function and requiring 257 significant medical attention 258 Sec. 5-521. . Obligations of officer and 259 owner following dangerous dog finding. 260 (a) After an animal is found to be a dangerous dog pursuant to Code of Virginia § 3.2- 261 6540 and City Code § 5-520, the local animal control officer shall provide the owner 262 with a uniformly designed tag that identifies the animal as a dangerous dog. The 263 owner shall affix the tag to the animal's collar and ensure that the animal wears the 264 collar and tag at all times. 265 (b) Within thirty (30) days of the finding that an animal is a dangerous dog pursuant to 266 Code of Virginia § 3.2-6540 and City Code § 5-520, the owner shall: 267 (1) Provide documentation that the animal has been neutered or spayed; 268 (2) Provide documentation that the animal has been implanted with electronic 269 identification registered to the owner. The registration information shall be 270 provided to the animal control officer; 271 (3) Present satisfactory evidence to the animal control officer of liability insurance 272 coverage, to the value of at least $100,000, that covers animal bites. The owner 273 may obtain and maintain a bond in surety to the value of at least $100,000 in lieu 274 of liability insurance; 275 (4) Pay to the City a fee of$150 and under the direction of the animal control officer 276 complete a dangerous dog registration certificate issued by the Virginia 277 Department of Agricultural and Consumer Services pursuant to Code of Virginia 278 § 3.2-6542. No dangerous dog registration certificate required to be obtained 279 under this section shall be issued to any person younger than eighteen (18)years 280 of age; and 281 (5) Post the residence where the animal is housed with clearly visible signs warning 282 both minors and adults of the presence of a dangerous dog on the property. Such 283 signs shall remain posted at all points of entry to the home and yard as long as 284 the animal remains on the property. 285 (c) Any dangerous dog not confined inside a locked enclosure constructed pursuant to 286 subsection (d) shall be (i) confined inside the owner's residence or (ii) if outdoors, 287 controlled by a physical leash employed by the responsible adult owner and securely 288 muzzled in a manner that does not cause injury to the animal or interfere with the 289 animal's vision or respiration but prevents it from biting a person or another animal. 290 (d) Any owner of a dangerous dog who keeps the dog outdoors and not within the 291 immediate physical presence of its owner shall, within thirty (30) days of the finding 292 that an animal is a dangerous dog, cause to be constructed a secure, locked 293 enclosure of sufficient height and design to prevent escape by the animal or entry by 294 or direct physical contact with any person or other animal. While so confined within 295 the structure, the animal shall be provided for according to Code of Virginia § 3.2- 296 6503. 297 (e) The owner of a dog found to be dangerous shall cause the local animal control officer 298 to be promptly notified of (i) any change in the manner of locating the owner or the 299 dog at any time; (ii) any transfer of ownership of the dog to a new owner, including 300 the name and address of the new owner; (iii) any instance in which the animal is 301 loose or unconfined; (iv) any complaint or incident of attack or bite by the dog upon 302 any person or cat or dog; (v) any claim made or lawsuit brought as a result of any 303 attack; and (vi) the escape, loss, or death of the dog. 304 (f) Unless for good cause shown, the owner of a dangerous dog shall notify the animal 305 control officer at least ten (10) days prior to moving or relocating the animal, and the 306 officer shall update the dangerous dog registry accordingly. 307 (g) Any dangerous dog not reclaimed by the owner from the animal control officer within 308 ten (10) days of notice to do so by such animal control officer shall be considered 309 abandoned and may be disposed of according to the provisions of Code of Virginia 310 § 3.2-6546. 311 (h) Any contract or agreement for the use of real property, including a recorded restrictive 312 covenant, condominium instrument of a condominium created pursuant to the 313 Virginia Condominium Act (Code of Virginia § 55.1-1900 et seq.), declaration of a 314 common interest community as defined in Code of Virginia § 54.1-2345, or 315 cooperative instrument of a cooperative created pursuant to the Virginia Real Estate 316 Cooperative Act (Code of Virginia § 55.1-2100 et seq.), may prohibit the keeping of 317 a dangerous dog or otherwise impose conditions that are more restrictive than those 318 provided in subsection (b). 319 (i) The owner of a dog found to be dangerous shall maintain the liability insurance 320 coverage or bond in surety required by subdivision (b)(3) as long as he owns the 321 dangerous dog and shall submit a certificate of insurance or evidence of such bond 322 to the animal control officer on an annual basis. 323 {a) Any law enforcement officer or animal control officer who has reason to believe that 324 a canine nr canine crossbr ith apply to 325 , 326 to appear before the general district court at a specified time. The summons—sti ll 327 328 329 summons, he shall contactth--e bureau of r nim l control and inform a f-the 330 location of the dog and the relevant facts pertr ining to his belief that the dog is 331 dangerous. 332 333 334Gr-GustGdiall-Gan-Dan#Re-t-14e-aRimak-kl-a-mail-Re-F-that-larefteGts-the-PubliG-safetyhe , 335 336 337 , 338 5-525, or 5-526, the animal control officer s the dangerous dog until such 339 time as evidence shall be heard and a verdict rendered. The court, through its 340 , 341 produce the anima 342 (c) If, after hearing the evidence, the court finds that the animal--i„ a dangcre-a 343 344 court, upon finding the animal to be a dangerous dog, may order the owner, 345 custodian, or harborer thereof to pay restitution for actual damages to any person 346 347Th-e-G49-11-14I-n-its-cl-iserretienmay-alse-e-rd-e-r-th-e-GW14e-r-449-pay-all-reasenable-expenses 348 349 taken into custody until . ch tip e-as the-animal is disposed „f „r retur�dte-the 350 351 ' 352 19.2 260 et seq.) of Chapter 15 of Title 19.2. The Commonwealth shall be required 353 . 354 Sec. 5_522. Exc -ions -enforcem ent procedures_ 355 356 , 357 crossbreed prohibited. No animal shall be found to be a dangerous dog if the threat, injury 358 , 359 360 361 , 362 repeatedly provokes otormee-,nr , ed, or assa the animal at tithe s 363 364 , 365 the acts complained of, was responding to pain or injury, or was protecting itself, its 366 kennel, its offspring, a person, or its owner's or custodian's property, shall be found to be 367 a dangerous dog. 368 ,d'e-c. 5 523. Wh er is mihor Dangerou dogs. 369 , 370 of-legal guardian shall be responsible for complying with all requirements of this section. 371 Sec. 5-524 5-522. RegistrationRenewal of Ddangerous dogs 372 registration. 373 (a) 374 , 375 , 376 fees tthat-m , on ed-h y lanai. The bureau of animal control shall 377 the-owner with uriformly designed tare that iden ifiestho animal a dangers 378 ' 379 � "mar and tag at all times. By January 31 of each year, until such time as 380 the dangerous dog is deceased, the owner of an animal found to be a dangerous dog 381 pursuant to Code of Virginia § 3.2-6540 or City Code § 5-520 shall update and renew 382 the dangerous dog registration certificate all certificates obtained pursuant to this 383 subsection shall be updated and renewed for a fee of eighty-five dollars ($85.00) as 384 provided by Code of Virginia § 3.2-6542.1 and in the same manner as the initial 385 certificate was obtained. The animal control officer shall post registration information 386 on the Virginia Dangerous Dog Registry. However, if the dangerous dog adjudication 387 occurred within sixty (60) days of the end of the calendar year, the first renewal shall 388 be included in the initial registration at no additional charge to the owner. 389 (b) Prior to the renewal date of a dangerous dog registration each year, a local animal 390 control officer shall conduct an inspection of the dangerous dog and the premises on 391 which it is kept, and no certificate of renewal shall be issued without such inspection. 392 The animal control officer shall post registration information on the Virginia 393 Dangerous Dog Registry established by Code of Virginia § 3.2-6542. All dangerous 394 dog registration certificates or renewals ti ereof required to be obtained under this 395 section shall only be iJ d to persons eighteen (18) years of age n�der whoo 396 present satisfactory evidence: (i) of the animal's current rabies vaccination, if 397 ; 398 399 owner's residence or is and will be muzzled and confined in the owner's fenced-in 400 , 401 402 renewal thereof unless they present satisfactory evidence that: (i) their residence is 403 and will continue to be posted with clearly visible signs warning both minors and 404 ad ilts of heL esenc ngero is dog nn the pro rty; and (ii\ e animal has 405 been permanently identified by m a of electronic implantation. All certificates or 406 renewals thereof required to be obtained under this section shall only be issued to 407 person .,ent satisfactory evidence that the owner has liability insurance 408 , 409 bites. The owner may obtain and maintain a bond in surety, in lieu of liability 410 insurance, to the val , 411 (c) No dangerous dog registration certificate required to be obtained under this section 412 shall be issued to any person who is younger than eighteen (18) years of age or who 413 fails to present satisfactory evidence of(i) compliance with the provisions of Code of 414 Virginia §§3.2-6540, 3.2-6540.01, 3.2-6540.02, 3.2-6540.03, and 3.2-6540.04 or City 415 Code §§ 5-520, 5-521, 5-523, and 5-524; (ii) the animal's current rabies vaccination, 416 if applicable; and (iii) a current city dog license. The owner shall cause the Bureau of 417 Animal Control to be promptly notified of: (i) the names, addresses, and telephone 418 419 ; 420 ; 421 ; 422 death of the dog. 423 (d) All fees collected pursuant to this section, less the costs incurred for producing and 424 , 425 426 the purpose of paying the expenses of training courses required under Code of 427 Virginia § 3.2-6556. 428 Sec. s 525Confinement f court-designer erou-s 'gr. 429 While „n the propert„ of its oowner, an animal fount e a dangerous dog shall be 430 431 design to prevent its escape or direct contact with or entry by minors, adults, or other 432 , 433 ' 434 435 ' 436 it from biting a person or another animal. 437 Sec. 5-526 Dange,ou-s s tus- notifi-cati-o-n re rements. 5-523. Notice of 438 dangerous dog finding; penalty. 439 (a) Any public animal shelter or private animal shelter, human society, animal welfare 440 organization, society for the prevention of cruelty to animals, or other similar entity or 441 home-based rescue that releases companion animals for adoption that transfers or 442 releases for adoption within the Commonwealth an animal found to be a dangerous 443 dog pursuant Code of Virginia to § 3.2-6540 or City Code § 5-520 shall notify in 444 writing the receiving party of the requirements of this section and Code of Virginia § 445 3.2-6540, 3.2-6540.01, 3.2-6540.03, and 3.2-6540.04 or City Code §§ 5-520, 5-521, 446 and 5-524. 447 (b) Any releasing agency transferring or releasing for adoption outside the 448 Commonwealth an animal found to be a dangerous dog pursuant to Code of Virginia 449 § 3.2-6540 or City Code § 5-520 shall notify the appropriate animal control officer in 450 the receiving jurisdiction that the animal has been so adjudicated. 451 (c) Any owner of an animal found to be a dangerous dog in another state shall, upon 452 bringing such animal to reside within the City, notify the animal control officer of the 453 jurisdiction in which the owner resides that the animal has been so adjudicated. 454 (d) Any owner who disposes by surrender to a releasing agency, gift, sale, transfer, or 455 trade of an animal found to be a dangerous dog pursuant to Code of Virginia § 3.2- 456 6540 or City Code § 5-520 shall notify the receiver in writing that the animal has been 457 so adjudicated. A violation of this subsection is a Class 3 misdemeanor. 458 After an animal ham y o be a dangerous dog the animal's own r nl 459 , 460 ; 461 (iii) is sold, is test w 462 , 463 464 the new address tow t-he animal has. beer► m, ved 465 Sec. 5427 5-524. First offense and subsequent offense Ppenalty—Dangerous 466 dogs. 467 (a) If an owner of an animal previously_found to be a dangerous dog pursuant to Code 468 of Virginia § 3.2-6540 or City Code § 5-520 is charged with a violation of§ 3.2-6540, 469 3.2-6540.01, 3.2-6540.02, or 3.2-6540.04 or City Code § 5-520, 5-521, 5-523, or 5- 470 524(d) the animal control officer shall confine the dangerous dog until such time as 471 evidence shall be heard and a verdict rendered pursuant to Code of Virginia § 3.2- 472 6540 or City Code § 5-520. Unless good cause is determined by the court, such 473 evidentiary hearing shall be held within thirty (30) days of the issuance of the 474 summons. The court, through its contempt powers, may compel the owner of the 475 animal to produce the animal. The -owner of any animal that has been found toba 476 dangerous dog who willfully fails to comply with the requirements of this division is 477 guilty of a Class I-misdeGTTTG"QT7m Q eanor 7 478 479 480 481 482 separate and distinct incident attack« and injures-or Gills a cat or (log tha�Taa 483 , 484 485 dangerous dog purer , 486 separate and -distinct incid�bites a human being or at s a human berg 487 488 (c)02) Upon conviction, the court may (i) order the dangerous dog to be disposed of 489 pursuant to Code of Virginia § 3.2-6562 or (ii) grant the owner up to thirty (30) days 490 to comply with the requirements of Code of Virginia § 3.2-6540.01 or City Code § 5- 491 . 521 this section, during which time the dangerous dog shall remain in the custody of 492 the animal control officer until compliance has been verified. If the owner fails to 493 achieve compliance within the time specified by the court, the court shall order the 494 dangerous dog to be disposed of pursuant to Code of Virginia § 3.2-6562. The court, 495 in its discretion, may order the owner to pay all reasonable expenses incurred in 496 caring and providing for such dangerous dog from the time the animal is taken into 497 custody until such time that the animal is disposed of or returned to the owner. 498 (c) Any owner of a dangerous dog who is charged with a violation pursuant to subsection 499 (a) and is found to have willfully failed to comply with the requirements of Code of 500 Virginia § 3.2-6540, 3.2-6540.01, 3.2-6540.02, or 3.2-6540.04 or City Code § 5-520, 501 5-521, 5-523, or 5-524(d) is guilty of a Class 1 misdemeanor. The court may 502 determine that a person convicted under this subsection shall be prohibited from 503 owning, possessing, or residing on the same property with a dog. 504 (d) Any owner of an animal found to be a dangerous dog pursuant to Code of Virginia § 505 3.2-6540 or City Code§ 5-520, when such finding arose out of a separate and distinct 506 incident, is guilty of a: 507 (1) Class 2 misdemeanor if such dog attacks and injures or kills a cat or dog that is 508 a companion animal belonging to.another person; or 509 (2) Class 1 misdemeanor if such dog bites a human being or attacks a human being 510 causing bodily injury. 511 (e) The provisions of subsection (d) shall not apply to any animal that at the time of the 512 act complained of, was responding to pain or injury, was protecting itself, its kennel, 513 its offspring, a person, or its owner's property, or was a police dog engaged in the 514 performance of its duties at the time of the attack. 515 , (f) The court may determine that a person convicted under this section shall be 516 prohibited from owning, possession, or residing on the same property with a dog. 517 Sec. 5-528. • •o +s s. 5-525. Vicious dogs; 518 penalties. 519 (a) Any law-enforcement officer or animal control officer who has reason to believe that 520 a canine or canine crossbreed is a vicious dog and is located in the jurisdiction where 521 the vicious dog resides or in the jurisdiction where a.vicious dog committed an act 522 set forth Code of Virginia § 3.2-6540.1 in the definition shall apply to a magistrate for 523 the issuance of a summons requiring the owner or custodian, if known, to appear 524 before a general 'district court at a specified time. The summons shall advise the 525 owner of the nature of the proceeding and the matters at issue. If a law-enforcement 526 officer successfully makes an application for the issuance of a summons, he shall 527 contact the local animal control officer and inform him of the location of the dog and 528 the relevant facts pertaining to his belief that the dog is vicious. 529 (b) The animal control officer shall confine the animal until such time as evidence shall 530 be heard and a verdict rendered. Unless good cause is determined by the court, the 531 evidentiary hearing shall be held not more than thirty (30) days from the issuance of 532 the summons. The court, through its contempt powers, may compel the owner, 533 custodian, or harborer of the animal to produce the animal. 534 (c) If, after hearing the evidence, the court finds that the animal is a vicious dog, the 535 court shall order the animal euthanized in accordance with the provisions of Code of 536 Virginia § 3.2-6562. The court, upon finding the animal to be a vicious dog, may order 537 the owner, custodian, or harborer thereof to pay restitution for actual damages to any 538 person injured by the animal or to the estate of any person killed by the animal. The 539 court, in its discretion, may also order the owner to pay all reasonable expenses 540 incurred in caring and providing for such vicious dog from the time the animal is taken 541 into custody until such time as the animal is disposed of. The procedure for appeal 542 and trial shall be the same as provided by law for misdemeanors, except that unless 543 good cause is determined by the court, an appeal shall be heard within thirty (30) 544 days. Trial by jury shall be as provided in Code of Virginia, Article 4 (§ 19.2-260 et 545 seq.) of Chapter 15 of Title 19.2. The Commonwealth shall be required to prove its 546 case beyond a reasonable doubt. 547 Sec. 5-629 5-526. Exceptions to enforcement procedures—Vicious dogs. 548 No canine or canine crossbreed shall be found to be a vicious dog solely because it 549 is a particular breed, nor is the ownership of a particular breed of canine or canine 550 crossbreed prohibited. No animal shall be found to be a vicious dog if the threat, injury, 551 or damage was sustained by a person who was (i) committing, at the time, a crime upon 552 the premises occupied by the animal's owner or custodian; or(ii) committing, at the time, 553 a willful trespass upon the premises occupied by the animal's owner or custodian; or (iii) 554 provoking, tormenting, or physically abusing the animal, or can be shown to have 555 repeatedly provoked, tormented, abused or assaulted the animal at other times. No police 556 dog that was engaged in the performance of its duties as such at the time of the acts 557 complained of shall be found to be a vicious dog. No animal that, at the time of the acts 558 complained of, was responding to pain or injury or was protecting itself, its kennel, its 559 offspring, a person, or its owner's or custodian's property, shall be found to be a vicious 560 dog. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 5th day of September , 2023. APPROV AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: . ek Ca.G1 Police epartment City Attorn s Office R-5 August 15, 2023 72 ITEM— VILK.3 ORDINANCES/RESOLUTIONS ITEM#74633 Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council ADOPTED, BY CONSENT, Resolution to ADD Student Members to the Open Space Advisory Committee (Requested by City Council) Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 5, 2023 REQUESTED BY THE CITY COUNCIL A RESOLUTION TO ADD STUDENT MEMBERS TO THE OPEN SPACE ADVISORY COMMITTEE 1 WHEREAS, on February 13, 2001, the City Council adopted a resolution to 2 accept the Virginia Beach Outdoors Plan 2000 Update as a guidance document for 3 open space and recreational planning; 4 5 WHEREAS, one of the Plan's recommendations was the creation of a citizen 6 advisory committee, and on May 15, 2001, the City Council adopted an ordinance 7 establishing the public body that since 2016 has been known as the Open Space 8 Advisory Committee ("OSAC"); 9 10 WHEREAS, the committee currently consists of eleven members, but during their 11 June 26, 2023, meeting, the OSAC voted unanimously to request that the City Council 12 amend the OSAC membership to add two high school students as non-voting members; 13 14 WHEREAS, providing students who have a demonstrated interest in promoting 15 the City's open space program with the opportunity to serve on the OSAC would benefit 16 the City, the OSAC, and the students. 17 18 NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 19 OF VIRGINIA BEACH, VIRGINIA THAT: 20 21 In addition to its current membership, the OSAC shall include two high school 22 students—one junior and one senior—as nonvoting members, with each appointed to a 23 one-year term, provided, however, that the initial appointees shall serve until June 30, 24 2024, and subsequent appointments shall be made on a fiscal-year basis, beginning 25 July 1st and ending June 30th of the following year. A student member appointed as a 26 high school junior may be reappointed by the City Council for an additional term. A 27 quorum of the membership of the OSAC shall continue to be determined based solely 28 on the number of voting members present (and thus will not include the student 29 members). Adopted by the City Council of the City of Virginia Beach, Virginia, this 5th day of September , 2023. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA16286 R-1 August 22, 2023 73 ITEM— VILK.4 ORDINANCES/RESOLUTIONS ITEM#74634 Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council ADOPTED,BY CONSENT, Resolution to APPROVE the FY-2024 Performance Contract with the Commonwealth of Virginia re mental health, developmental and substance use disorder services and ACCEPT, APPROPRIATE and TRANSFER State funds Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 5, 2023 1 A RESOLUTION TO APPROVE A CONTRACT WITH THE 2 COMMONWEALTH OF VIRGINIA FOR MENTAL HEALTH, 3 DEVELOPMENTAL, AND SUBSTANCE USE DISORDER 4 SERVICES, TO ACCEPT AND APPROPRIATE STATE 5 FUNDS, AND TO TRANSFER FUNDS 6 7 WHEREAS, the Virginia Department of Behavioral Health and Developmental 8 Services provides funding for mental health, developmental, and substance use disorder 9 services through a performance contract with local community services boards; 10 11 WHEREAS, the Virginia Beach Community Service Board exceeds the Code of 12 Virginia mandated minimum local match share for these services; and 13 14 WHEREAS, the Virginia Beach Community Service Board, at its August 17, 2023 15 meeting, approved the FY 2024 Performance Contract between the Virginia Beach 16 Community Service Board and the Commonwealth of Virginia. 17 18 NOW BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 19 VIRGINIA THAT: 20 21 1 . The City Council of Virginia Beach hereby approves the Fiscal Year 2024 22 Performance Contract with the Commonwealth of Virginia for a period concluding 23 June 30, 2024, a summary of which is attached as Exhibit A. 24 25 2. In accordance with the Performance Contract, $1 ,085,616 is hereby accepted from 26 the Virginia Department of Behavioral Health and Developmental Services and 27 appropriated, with revenues increased accordingly, to the FY2023-24 Operating 28 Budget of the Department of Human Services. 29 30 3. $2,717,811 is hereby transferred within the FY2023-24 Operating Budget of Human 31 Services to re-align funding previously allocated for the Pathways Program, in 32 accordance with the Performance Contract. 33 Adopted by the Council of the City of Virginia Beach, Virginia on the 5 t h day of September 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: 1 �r 7 '7 �1ice!' ��� udget ad Man gement Services \-Of ney�G�'Office CA16285 R-1 August 15. 2023 FY2024 Community Services Performance Contract FY2024 Exhibit A:Resources and Services Mental Health(MH)Services Virginia Beach Community Services Board Funding Sources Funds FEES MH Medicaid Fees 4,828,560 MH Fees:Other 592,754 Total MH Fees 5,421,314 MH Transfer Fees In/(Out) 0 Total Net MH Fees 5,421,314 FEDERAL FUNDS MH FBG SED Child&Adolescent(93.958) 225,019 MN FBG Young Adult SMI(93.958) 0 MH FBG Crisis Services(93.958) 0 MH FBG SMI(93.958) 16,650 MH FBG Geriatrics(93.958) 0 MH FBG Peer Services (93.958) 0 Total MH FBG Adult Funds 16,650 MH Federal PATH(93.150) 129,746 MH Federal COVID Emergency Grant(93.665) 0 MH Federal State&Local Fiscal Recovery Fund(21.027) 0 MH Other Federal-DBHDS 0 MH Other Federal-COVID Support 0 MH Other Federal-CSB 47,405 Total MH Federal Funds 418,820 STATE FUNDS Regional Funds MH Acute Care(Fiscal Agent) 0 MH Acute Care-Transfer In/(Out) 0 Total Net MH Acute Care-Restricted 0 MH Regional DAP(Fiscal Agent) 0 MH Regional DAP-Transfer In/(Out) 2,689 Total Net MH Regional DAP-Restricted 2,689 MH Regional Residential DAP-Restricted 0 MH Crisis Stabilization(Fiscal Agent) 0 MH Crisis Stabilization-Transfer In/(Out) 0 Total Net MH Crisis Stabilization-Restricted 0 MH Transfers from DBHDS Facilities(Fiscal Agent) 0 MH Transfers from DBHDS Facilities-Transfer In/(Out) 0 Total Net MH Transfers from DBHDS Facilities-Restricted 0 MH Expanded Community Capacity(Fiscal Agent) 0 MH Expanded Community Capacity-Transfer In/(Out) 302,709 Total Net MH Expanded Community Capacity-Restricted 302,709 MH First Aid and Suicide Prevention(Fiscal Agent) 0 MH First Aid and Suicide Prevention-Transfer In/(Out) 11,528 Total Net MH First Aid and Suicide Prevention-Restricted 11,528 Report Date 7/5/2023 AF-3 FY2024 Community Services Performance Contract FY2024 Exhibit A:Resources and Services Mental Health(MH)Services Virginia Beach Community Services Board Funding Sources Funds MH STEP-VA Outpatient(Fiscal Agent) 608,975 MH STEP-VA Outpatient-Transfer In/(Out) 10,000 Total Net MH STEP-VA Outpatient-Restricted 618,975 MH STEP-VA Crisis(Fiscal Agent) 600,000 MH STEP-VA Crisis-Transfer In/(Out) 632,500 Total Net MH STEP-VA Crisis-Restricted 1,232,500 MH STEP-VA Clinician's Crisis Dispatch(Fiscal Agent) 0 MH STEP-VA Clinician's Crisis Dispatch-Transfer In/(Out) 0 Total Net MH STEP-VA Clinician's Crisis Dispatch-Restricted 0 MH STEP-VA Peer Support(Fiscal Agent) 142,482 MH STEP-VA Peer Support-Transfer In/(Out) 2,222 Total Net MH STEP-VA Peer Support-Restricted 144,704 MH STEP-VA Veterans Services(Fiscal Agent) 102,108 MH STEP-VA Veterans Services-Transfer In/(Out) 0 Total Net MH STEP-VA Veterans Services-Restricted 102,108 MU Step-VA Regional Management(Fiscal Agent) 0 MH Step-VA Regional Management-Transfer In/(Out) 0 Total Net MU STEP-VA Regional Management-Restricted 0 MH Forensic Discharge Planning(Fiscal Agent) 252,830 MH Forensic Discharge Planning-Transfer In/(Out) 0 Total Net MH Forensic Discharge Planning-Restricted 252,830 MH Permanent Supportive Housing(Fiscal Agent) 2,507,672 MH Permanent Supportive Housing-Transfer In/(Out) 0 Total Net MH Permanent Supportive Housing-Restricted 2,507,672 MH CiT-Assessment Sites 348,668 MH CIT-Assessment Sites-Transfer In/(Out) 0 Total Net MH CIT-Assessment Sites-Restricted 348,668 MH Recovery(Fiscal Agent) 0 MH Other Merged Regional Funds(Fiscal Agent) 1,468,833 MH State Regional Deaf Services(Fiscal Agent) 0 MH Total Regional-Transfer In/(Out) 0 Total Net MH Unrestricted Regional State Funds 1,468,833 Total Net MH Regional State Funds 6,993,216 Children State Funds MH Child&Adolescent Services Initiative-Restricted 338,661 MH Children's Outpatient Services-Restricted 75,000 MH Juvenile Detention-Restricted 111,724 Total MH Restricted Children's Funds 525,385 MR State Children's Services 25,000 MH Demo.Proj-System of Care(Child) 0 Total MH Unrestricted Children's Funds 25,000 MH Crisis Response&Child Psychiatry(Fiscal Agent) 0 MH Crisis Response&Child Psychiatry-Transfer In/(Out) 144,369 Total Net MH Crisis Response&Child Psychiatry-Restricted 144,369 Total State MU Children's Funds(Restricted for Children) 694,754 Report Date 7/5/2023 AF-4 FY2024 Community Services Performance Contract FY2024 Exhibit A:Resources and Services Mental Health(MH)Services Virginia Beach Community Services Board Funding Sources Funds Other State Funds MH Law Reform -Restricted 397,790 MH Pharmacy-Medication Supports-Restricted 29,949 MH Jail Diversion Services-Restricted 241,670 MH Rural Jail Diversion-Restricted 0 MH Docket Pilot JMHCP Match-Restricted 0 MH Adult Outpatient Competency Restoration Services-Restricted 0 MH Expand Telepsychiatry Capacity-Restricted 0 MH PACT-Restricted 850,000 MH PACT-Forensic Enhancement-Restricted 200,000 MH Gero-Psychiatric Services-Restricted 0 MH STEP-VA SDA,Primary Care Screening and Ancillary Services-Restricted 737,129 MH STEP-VA Psychiatric Rehabilitation Services-Restricted 95,500 MH STEP-VA Care Coordination Services-Restricted 155,304 MH STEP-VA Case Management Services-Restricted 101,962 MH STEP-VA Data Systems and Clinicians Processes-Restricted 0 MH Young Adult SMI-Restricted 0 Total MH Restricted Other State Funds 2,809,304 MH State Funds 2,490,112 MH State NGRI Funds 0 MH Geriatrics Services 0 Total MH Unrestricted Other State Funds 2,490,112 Total MH Other State Funds 5,299,416 Total MH State Funds 12,987,386 OTHER FUNDS MH Other Funds 975,023 MH Federal Retained Earnings 0 MH State Retained Earnings 0 MH State Retained Earnings-Regional Programs 201,875 MH Other Retained Earnings 250,000 Total MH Other Funds 1,426,898 LOCAL MATCHING FUNDS MH Local Government Appropriations 12,730,508 MH Philanthropic Cash Contributions 0 MH In-Kind Contributions _ 0 MH Local Interest Revenue 0 Total MH Local Matching Funds 12,730,508 Total MH Funds 32,984,926 MH ONE-TIME FUNDS MH FBG SMI(93.958) 0 MH FBG SED Child&Adolescent(93.958) 0 MH FBG Peer Services (93.958) 0 MH FBG Young Adult SMI(93.958) 0 MH FBG Geriatrics(93.958) 0 Report Dote 7/5/2023 AF-5 FY2024 Community Services Performance Contract FY2024 Exhibit A:Resources and Services = Mental Health(MH)Services Virginia Beach Community Services Board Funding r Sources - Funds- MH FRG Crisis Services(93.538) 0 MH One Time Funds 0 MH One Time Restricted State Funds 0 Total MH One-Time Funds 0 TOTAL MH ALL FUNDS 32,984,926 Report Date 7/5/2023 AF-6 FY2024 Community Services Performance Contract FY2024 Exhibit A:Resources and Services Developmental(DV)Services Virginia Beach Community Services Board Funding Sources Funds FEES DV Medicaid DD Waiver Fees 6,647,781 DV Other Medicaid Fees 0 DV Medicaid ICF/IDD Fees 11,535,593 DV Fees:Other 536,757 Total DV Fees 18,720,131 DV Transfer Fees In/(Out) 0 Total Net DV Fees 18,720,131 FEDERAL FUNDS DV Other Federal-DBHDS 0 DV Other Federal-COVID Support 0 DV Other Federal-CSB 0 Total DV Federal Funds 0 STATE FUNDS Regional Funds DV Crisis Stabilization(Fiscal Agent) 0 DV Crisis Stabilization-Transfer In/(Out) 0 Total Net DV Crisis Stabilization-Restricted 0 DV Crisis Stabilization-Children(Fiscal Agent) 0 DV Crisis Stabilization-Children-Transfer In/(Out) 0 Total Net DV Crisis Stabilization-Children-Restricted 0 DV Transfers from DBHDS Facilities(Fiscal Agent) 0 DV Transfers from DBHDS Facilities-Transfer In/(Out) 0 Total Net DV Transfers from DBHDS Facilities-Restricted 0 Total Net DV Regional State Funds 0 DV Trust Fund-Restricted 0 DV Rental Subsidies-Restricted 0 DV Guardianship Funding-Restricted 0 Total DV Restricted State Funds 0 DV State Funds 1,055,158 DV OBRA Funds 0 Total DV Unrestricted State Funds 1,055,158 Total DV State Funds 1,055,158 Report Date 7/5/2023 AF-7 FY2024 Community Services Performance Contract FY2024 Exhibit A: Resources and Services Developmental(DV)Services Virginia Beach Community Services Board Funding Sources Funds OTHER FUNDS DV Workshop Sales 0 DV Other Funds 363,467 DV State Retained Earnings 0 DV State Retained Earnings-Regional Programs 0 DV Other Retained Earnings 0 Total DV Other Funds 363,467 LOCAL MATCHING FUNDS DV Local Government Appropriations 10 968 447 DV Philanthropic Cash Contributions 3,444 DV In-Kind Contributions 0 DV Local Interest Revenue 0 Total DV Local Matching Funds 10,971,891 Total DV Funds 31,110,647 DV ONE-TIME FUNDS DV One-Time State Funds 0 DV One-Time Restricted State Funds 0 Total DV One-Time Funds 0 TOTAL DV ALL FUNDS 31,110,647 Report Date 7/5/2023 AF-8 FY2024 Community Services Performance Contract FY2024 Exhibit A:Resources and Services Substance Use Disorder(SUD)Services Virginia Beach Community Services Board Funding Sources Funds FEES SUD Medicaid Fees 905,028 SUD Fees:Other 799 Total SUD Fees 905,827 SUD Transfer Fees In/(Out) 0 Total Net SUD Fees 905,827 FEDERAL FUNDS SUD FBG Alcohol/Drug Treatment(93.959) 1,250,920 SUD FBG Recovery(93.959) 0 Tota SUD FBG Alcohol/Drug Treatment Funds 1,250,920 SUD FBG Women(includes LINK at 6 CSBs)(93.959) 187,279 Total SUD FBG Women Funds , 187,279 SUD FBG Prevention(93.959) 301,342 Total SUD FBG Prevention Funds 301,342 SUD Federal COVID Emergency Grant(93.665) 0 SUD Federal SBIRT Youth(93.243) 0 SUD Federal State&Local Fiscal Recovery Fund(21.027) 0 SUD Federal Opiold Response—Recovery(93.788) 0 SUD Federal Opioid Response—Treatment(93.788) 0 SUD Federal Oplaid Response—Prevention(93.788) 0 Total SUD Federal Opiold Response Funds(93.788) 0 SUD Other Federal-DBHDS 0 SUD Other Federal-COVID Support 0 SUD Other Federal-CSB 705,829 Total SUD Federal Funds 2,445,370 STATE FUNDS Regional Funds SUD Facility Reinvestment(Fiscal Agent) 0 SUD Facility Reinvestment-Transfer In/(Out) 0 Total Net SUD Facility Reinvestment-Restricted 0 SUD Transfers from DBHDS Facilities(Fiscal Agent) 0 SUD Transfers from DBHDS Facilities-Transfer In/(Out) 0 Total Net SUD Transfers from DBHDS Facilities-Restricted 0 SUD Community Detoxification(Fiscal Agent) 0 SUD Community Detoxification-Transfer In/(Out) 0 Total Net SUD Community Detoxification-Restricted 0 SUD STEP-VA(Fiscal Agent) 0 SUD STEP-VA-Transfer In/(Out) 0 Total Net SUD STEP-VA-Restricted 0 Total Net SUD Regional State Funds 0 Report Date 7/5/2023 AF-9 FY2024 Community Services Performance Contract FY2024 Exhibit A:Resources and Services Substance Use Disorder(SUD)Services Virginia Beach Community Services Board Funding Sources Funds Other State Funds SUD Women(includes LINK at 4 CSBs)-Restricted 1,800 SUD MAT-Medically Assisted Treatment-Restricted 130,000 SUD Permanent Supportive Housing Women-Restricted 0 SUD SARPOS-Restricted 76,097 SUD Recovery-Restricted 0 Total SUD Restricted Other State Funds 207,897 SUD State Funds 1,862,145 SUD Region V Residential 131,215 SUD Jail Services/Juvenile Detention 27,216 SUD HIV/AIDS 30,892 Total SUD Unrestricted Other State Funds 2,051,468 Total SUD Other State Funds 2,259,365 Total SUD State Funds 2,259,365 OTHER FUNDS SUD Other Funds 97,168 SUD Federal Retained Earnings 0 SUD State Retained Earnings 0 SUD State Retained Earnings-Regional Programs 0 SUD Other Retained Earnings 0 Total SUD Other Funds 97,168 LOCAL MATCHING FUNDS SUD Local Government Appropriations 1,588,010 SUD Philanthropic Cash Contributions 0 SUD In-Kind Contributions 0 SUD Local Interest Revenue 0 Total SUD Local Matching Funds 1588 010 Total SUD Funds 7,295,740 SUD ONE-TIME FUNDS SUD FBG Alcohol/Drug Treatment(93.959) 0 SUD FBG Women(includes LINK at 6 CSBs)(93.959) 0 SUD FBG Prevention(93.959) 0 SUD FBG Recovery(93.959) 0 SUD One-Time State Funds 0 SUD One-Time Restricted State Funds 0 Total SUD One-Time Funds 0 TOTAL SUD ALL FUNDS 7,295,740 Report Date 7/5/2023 AF-10 FY2024 Community Services Performance Contract FY 2024 Exhibit A: Resources and Services Local Government Tax Appropriations Virginia Beach Community Services Board City/County Tax Appropriation Virginia Beach City 25,286,965 Total Local Government Tax Funds: 25,286,965 Report Date 7/5/2023 AF-11 FY2024 Community Services Performance Contract FY2024 Exhibit A: Resources and Services Supplemental Information Reconciliation of Projected Resources and Core Services Costs by Program Area Virg'nia Beach Community Services Board MH DV SUD Emergency Ancillary Services Services Services Services Services Total Total All Funds(Page AF-1) 32,984,926 31,110,647 7,295,740 71,391,313 Cost for MH,DV,SUD, 30,049,424 30,835,503 5,176,359 4,157,805 1,595,030 71,814,121 Emergency,and Ancillary Services Difference 2,935,502 275,144 2,119,381 -4,157,805 -1,595,030 -422,808 Difference results from Other: 422,808 Explanation of Other in Table Above: Difference is amount budgeted to be paid on behalf of VB CSB by WTCSB totalling$422,808 made up by$4,675 in 100-425,$242,391.50 in 100-551,and$175,741.50 in 100-581. Report Date 7/5/2023 AF-12 FY2024 And FY2025 Community Services Performance Contract FY2024 Exhibit A:Resources and Services CSB 100 Mental Health Services Virginia Beach Community Services Board Report for Form 11 Projected Numbers of Projected Projected Individuals Total Core Services Service Receiving Service Capacity Services Costs 310 Outpatient Services 45.14 FTEs 2150 $7,257,902 312 Medical Services 25 FTEs 2650 $4,889,204 ,350 Assertive Community Treatment 12.93 FTEs 100 $2,075,733 320 Case Management Services 62.58 FTEs 1500 $7,719,881 410 Day Treatment or Partial Hospitalization 6 Slots 18 $20,263 �425 Mental Health Rehabilitation --- - -- --�--- - 41 Slots 100 $1,576,278 1460 Individual Supported Employment - 3.75 FTEs 40 $466,479 :521 Intensive Residential Services 4 Beds 4 $240,000 :551 Supervised Residential Servcesi 32 Beds 40 $916,183 581 Supportive Residential Services 16.88 FTEs 145 $4,796,064 610 Prevention Services $91,437 0.6 FTEs Totals 6,747 $30,049,424 Form 11A•PharmacyMedication Supports 'Number I of Consumers ,803 Total Pharmacy Medication Supports ports Consumers 420 Report Date 7/5/2023 AP-1 FY2024 And FY2025 Community Services Performance Contract FY2024 Exhibit A:Resources and Services CSB 200 Developmental Services Virginia Beach Community Services Board Report for Form 21 Projected Numbers of Projected Projected Individuals Total Core Services Service Receiving Service Capacity Services Costs 320 Case Management Services - - --- - - --- ----30.52 FTEs 980 $4,338,477 425 Developmental Habilitation 43 Slots 100 $4,349,1 A 465 Group Supported Employment 1 10 Slots 38 $775,046 460 Individual Supported Employment 11.8 FTEs 175 $1,064,674 501 Highly Intensive Residential Services(Community-Based lCF/ID Services) 42 Beds 42 $13,432,025 521 Intensive Residential Services 25 Beds 25 $3,819,770 '551 Sup ervised esidential Services 7 Beds 7 $1,177,342 F581 Supportive Residential Services - - 23.7 FTEs 55 $1,878,990 Totals 1,422 $30,835,503 Report Date 7/5/2023 AP-2 FY2024 And FY2025 Community Services Performance Contract FY2024 Exhibit A: Resources and Services CSB 300 Substance Use Disorder Services Virginia Beach Community Services Board Report for Form 31 Projected Numbers of Projected Projected Individuals Total Core Services Service Receiving Service 310 Outpatient Services Capacity Services Costs 18.93 FTEs 350 $3,075,230 Medication Assisted Treatment Services 2.75 FTEs 150 $755,694 320 Case Management Services 1.95 FTEs 60 $453,661 410 Day Treatment or Partial Hospitalization 4 Slots 12 $107,389 Prevention Services 5.4 FTE s ! — $784,385 Totals 572 $5,176,359 Report Date 7/5/2023 AP-3 FY2024 And FY2025 Community Services Performance Contract FY2024 Exhibit A: Resources and Services CSB 400 Emergency and Ancillary Services Virginia Beach Community Services Board Report for Form 01 Projected Numbers of Projected Projected Individuals Total Core Services Service Receiving. Service —-. _.._... Capacity Services 100 Emergency Services Costs 34.05 FTEs 3175 $4,157,805 318 Motivational Treatment Services 0.25 FTEs 27 $50,655390 Consumer Monitoring Servic es . 7.65 FTEs 300 $1,426,197 720 Assessment and Evaluation Services 1.05 FTEs 500 $118,178 Totals 4,002 $5,752,835 Report Date 7/5/2023 AP-4 FY2024 And FY2025 Community Services Performance Contract Table 2: Board Management Salary Costs Name of CSB: Virginia Beach Community Services Board FY 2024 Table 2a: FY 2024 Salary Range Budgeted Tot. Tenure Management Position Title Beginning Ending Salary Cost (yrs) Executive Director $126,206.00 $195,620.00 $176,359.00 5.00 Table 2: Integrated Behavioral and Primary Health Care_Questions 1. Is the CSB participating in a partnership with a federally qualified health center,free clinic, or local health department to integrate the provision of behavioral health and primary health care? No 2. If yes,who is the partner? a federally qualified health center Name: a free clinic Name: El a local health department,or Name: LI another organization Name: 3.Where is primary health (medical)care provided? El on-site in a CSB program, on-site at the primary health care provider, or ❑ another site--specify: 4.Where is behavioral health care provided? on-site in a CSB program, on-site at the primary health care provider,or another site—specify: Report Date 7/5/2023 AP-5 74 ITEM— VILK.5 ORDINANCES/RESOLUTIONS ITEM#74635 Upon motion by Vice Mayor Wilson,seconded by Council Member Holcomb, City Council ADOPTED,BY CONSENT, Ordinance to EXTEND the date for satisfying the conditions re closing an improved portion of right-of-way adjacent to 204A,204B and 202 75th Street Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 5, 2023 1 ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING AN IMPROVED 4 PORTION OF RIGHT-OF-WAY ADJACENT 5 TO 204A & 204B 75TH STREET AND 202 6 75TH STREET 7 8 WHEREAS, on September 15, 2020, the Council of the City of Virginia Beach 9 acted upon the application of James T. Cromwell, Esq., Receiver for Shore Realty 10 Corporation, a defunct corporation (the "Applicant"), for the closure of approximately 11 1,170 sq. ft. of an improved portion of right-of-way adjacent to property located at 204A 12 & 204B 75th Street and 202 75th Street; 13 14 WHEREAS, City Council adopted an Ordinance (ORD-3639EE) to close the 15 aforesaid portion of right-of-way, subject to certain conditions being met on or before 16 September 14, 2021; 17 18 WHEREAS, on July 30, 2021, the Applicant requested an extension of time to 19 satisfy the conditions of the aforesaid street closure and, by Ordinance adopted on 20 September 7, 2021 (ORD-3674Q), City Council approved the extension of time until 21 September 14, 2023; and 22 23 WHEREAS, on July 17, 2023, the Applicant requested an additional two-year 24 extension of time to satisfy the conditions of the aforesaid street closure action. 25 26 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 27 Beach, Virginia: 28 29 That the date for meeting the conditions of the street closure, as stated in the 30 Ordinance adopted on September 15, 2020 (ORD-3639EE), upon application of James 31 T. Cromwell, Esq., Receiver for Shore Realty Corporation, a defunct corporation, is 32 extended to September 14, 2025. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia, on this 5th day 35 of September , 2023. 36 37 No GPIN assigned (Right-of-Way) 38 Adjacent to GPINs: 2419-66-2825-0001 , 2419-66-2825-0002 and 2419-66-2899 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: tida4, City Attorney lanning Department CA16075-1 \\vbg ov.com\dfs 1\a ppl ications\citylaw\cycom 32\wpdocs1d 0251p042\00901345.doc R-1 August 24, 2023 75 ITEM— VILK.6 ORDINANCES/RESOLUTIONS ITEM#74636 Upon motion by Vice Mayor Wilson,seconded by Council Member Holcomb, City Council ADOPTED,BY CONSENT, Ordinance to EXTEND the date for satisfying the conditions re closing an improved portion of right-of-way adjacent to 7406 Atlantic Avenue Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 5, 2023 1 ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING AN IMPROVED 4 PORTION OF RIGHT-OF-WAY ADJACENT 5 TO 7406 ATLANTIC AVENUE 6 7 WHEREAS, on September 15, 2020, the Council of the City of Virginia Beach 8 acted upon the application of James T. Cromwell, Esq., Receiver for Shore Realty 9 Corporation, a defunct corporation (the "Applicant"), for the closure of approximately 10 105 sq. ft. of an unimproved right-of-way adjacent to property located at 7406 Atlantic 11 Avenue; 12 13 WHEREAS, City Council adopted an Ordinance (ORD-3639FF) to close the 14 aforesaid portion of right-of-way, subject to certain conditions being met on or before 15 September 14, 2021 ; 16 17 WHEREAS, on July 30, 2021 , the Applicant requested an extension of time to 18 satisfy the conditions of the aforesaid street closure and, by Ordinance adopted on 19 September 7, 2021 (ORD-3674R), City Council approved the extension until September 20 14, 2023; and 21 22 WHEREAS, on July 17, 2023, the Applicant requested an additional two-year 23 extension of time to satisfy the conditions of the aforesaid street closure action. 24 25 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 26 Beach, Virginia: 27 28 That the date for meeting the conditions of the street closure, as stated in the 29 Ordinance adopted on September 15, 2020 (ORD-3639FF), upon application of James 30 T. Cromwell, Esq., Receiver for Shore Realty Corporation, a defunct corporation, is 31 extended to September 14, 2025. 32 33 Adopted by the Council of the City of Virginia Beach, Virginia, on this 5th day 34 of September , 2023. 35 36 No GPIN assigned (Right-of-Way) 37 Adjacent to GPIN: 2419-66-3824 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: d9. 011411A/ „LA,. City Attorney Planning Department CA16075-2 1\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d025\p042100901343 doc R-1 August 24, 2023 76 ITEM- VII.K.7 ORDINANCES/RESOLUTIONS ITEM#74637 Upon motion by Vice Mayor Wilson; seconded by Council Member Holcomb, City Council ADOPTED,BY CONSENT, Ordinance to EXTEND the date for satisfying the conditions re closing portions of unimproved rights-of-way adjacent to 203 75th Street Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 5, 2023 1 ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE MATTER 3 OF CLOSING PORTIONS OF UNIMPROVED 4 RIGHTS-OF-WAY ADJACENT TO 203 75TH STREET 5 6 WHEREAS, on September 15, 2020, the Council of the City of Virginia Beach 7 acted upon the application of James T. Cromwell, Esq., Receiver for Shore Realty 8 Corporation, a defunct corporation (the "Applicant"), for the closure of approximately 9 1 ,763 total sq. ft. of unimproved rights-of-way adjacent to property located at 203 75th 10 Street; 11 12 WHEREAS, City Council adopted an Ordinance (ORD-3639K) to close the 13 aforesaid portions of rights-of-way, subject to certain conditions being met on or before 14 September 14, 2021; 15 16 WHEREAS, on July 30, 2021 , the Applicant requested an extension of time to 17 satisfy the conditions of the aforesaid street closure and, by Ordinance adopted on 18 September 7, 2021 (ORD-3674J), City Council approved the extension until September 19 14, 2023; and 20 21 WHEREAS, on July 17, 2023, the Applicant requested an additional two-year 22 extension of time to satisfy the conditions attached to the aforesaid street closure 23 action. 24 25 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 26 Beach, Virginia: 27 28 That the date for meeting the conditions of the street closure, as stated in the 29 Ordinance adopted on September 15, 2020 (ORD-3639K), upon application of James T. 30 Cromwell, Esq., Receiver for Shore Realty Corporation, a defunct corporation, is 31 extended to September 14, 2025. 32 33 Adopted by the Council of the City of Virginia Beach, Virginia, on this 5th day 34 of September , 2023. 35 36 No GPIN assigned (Right-of-Way) 37 Adjacent to GPINs: 2419-66-1978, 2419-67-2076, 2419-67-1078-1840, 2419-67-1078- 38 1850 and 2419-67-1047 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: bUadt (") t U' E3j5201--il 442_4a— City Attorney Planning Department CA16074-7 \\vbg ov.co m\dfs 1\a pplications\citylaw\cycom 32\wpd ocs\d0251p042\00901324.doc R-1 August 24, 2023 77 ITEM- VILK.8 ORDINANCES/RESOLUTIONS ITEM#74638 Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council ADOPTED,BY CONSENT, Ordinance to EXTEND the date for satisfying the conditions re.closing a portion of unimproved right-of-way adjacent to 205 75th Street Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb,. Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 5, 2023 1 ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A PORTION OF 4 UNIMPROVED RIGHT-OF-WAY ADJACENT 5 TO 205 75TH STREET 6 7 WHEREAS, on September 15, 2020, the Council of the City of Virginia Beach 8 acted upon the application of James T. Cromwell, Esq., Receiver for Shore Realty 9 Corporation, a defunct corporation (the "Applicant"), for the closure of approximately 10 250 sq. ft. of an unimproved right-of-way adjacent to property located at 205 75th Street; 11 12 WHEREAS, City Council adopted an Ordinance (ORD-3639J) to close the 13 aforesaid portion of right-of-way, subject to certain conditions being met on or before 14 September 14, 2021; 15 16 WHEREAS, on July 30, 2021, the Applicant requested an extension of time to 17 satisfy the conditions of the aforesaid street closure and, by Ordinance adopted on 18 September 7, 2021 (ORD-3674K), City Council approved the extension of time until 19 September 14, 2023; and 20 21 WHEREAS, on July 17, 2023, the Applicant requested an additional two-year 22 extension of time to satisfy the conditions attached to the aforesaid street closure 23 action. 24 25 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 26 Beach, Virginia: 27 28 That the date for meeting the conditions of the street closure, as stated in the 29 Ordinance adopted on September 15, 2020 (ORD-3639J), upon application of James T. 30 Cromwell, Esq., Receiver for Shore Realty Corporation, a defunct corporation, is 31 extended to September 14, 2025. 32 33 Adopted by the Council of the City of Virginia Beach, Virginia, on this 5th day 34 of September , 2023. 35 36 No GPIN assigned (Right-of-Way) 37 Adjacent to GPIN: 2419-66-1927 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: LG�G�1z- Wki')/111A✓ City Attorney tanning Department CA16074-6 11vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs1d025\p042\00901323.doc R-1 August 24, 2023 78 ITEM— VILK.9 ORDINANCES/RESOLUTIONS ITEM#74639 Upon motion by Vice Mayor Wilson,seconded by Council Member Holcomb, City Council ADOPTED,BY CONSENT, Ordinance to EXTEND the date for satisfying the conditions re closing a portion of unimproved right-of-way adjacent to 209 75th Street Voting: 11-0 Council Members. Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 5, 2023 1 ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A PORTION OF 4 UNIMPROVED RIGHT-OF-WAY ADJACENT 5 TO 209 75TH STREET 6 7 WHEREAS, on September 15, 2020, the Council of the City of Virginia Beach 8 acted upon the application of James T. Cromwell, Esq., Receiver for Shore Realty 9 Corporation, a defunct corporation (the "Applicant"), for the closure of approximately 10 250 sq. ft. of an unimproved right-of-way adjacent to property located at 209 75th Street; 11 12 WHEREAS, City Council adopted an Ordinance (ORD-36391) to close the 13 aforesaid portion of right-of-way, subject to certain conditions being met on or before 14 September 14, 2021 ; 15 16 WHEREAS, on July 30, 2021 , the Applicant requested an extension of time to 17 satisfy the conditions of the aforesaid street closure and, by Ordinance adopted on 18 September 7, 2021 (ORD-3674L), City Council approved the extension until September 19 14, 2023; and 20 21 WHEREAS, on July 17, 2023, the Applicant requested an additional two-year 22 extension of time to satisfy the conditions attached to the aforesaid street closure 23 action. 24 25 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 26 Beach, Virginia: 27 28 That the date for meeting the conditions of the street closure, as stated in the 29 Ordinance adopted on September 15, 2020 (ORD-36391), upon application of James T. 30 Cromwell, Esq., Receiver for Shore Realty Corporation, a defunct corporation, is 31 extended to September 14, 2025. 32 33 Adopted by the Council of the City of Virginia Beach, Virginia, on this 5th day 34 of September , 2023. 35 36 No GPIN assigned (Right-of-Way) 37 Adjacent to GPIN: 2419-66-0975 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: City Attorney anning Departme CA16074-5 1\vbgov.corn\dfs 1\applications\citylaw\cycom32\wpdocs\d025\p042\00901326.doc R-1 August 24, 2023 79 ITEM— VILK.10 ORDINANCES/RESOLUTIONS ITEM#74640 Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council ADOPTED,BY CONSENT, Ordinance to EXTEND the date for satisfying the conditions re closing a portion of unimproved right-of-way adjacent to 211 75`h Street Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 5, 2023 1 ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A PORTION OF 4 UNIMPROVED RIGHT-OF-WAY ADJACENT 5 TO 211 75TH STREET 6 7 WHEREAS, on September 15, 2020, the Council of the City of Virginia Beach 8 acted upon the application of James T. Cromwell, Esq., Receiver for Shore Realty 9 Corporation, a defunct corporation (the "Applicant"), for the closure of approximately 10 250 sq. ft. of an unimproved right-of-way adjacent to property located at 211 75th Street; 11 12 WHEREAS, City Council adopted an Ordinance (ORD-3639H) to close the 13 aforesaid portion of right-of-way, subject to certain conditions being met on or before 14 September 14, 2021; 15 16 WHEREAS, on July 30, 2021, the Applicant requested an extension of time to 17 satisfy the conditions of the aforesaid street closure and, by Ordinance adopted on 18 September 7, 2021 (ORD-3674M), City Council approved the extension until September 19 14, 2023; and 20 21 WHEREAS, on July 17, 2023, the Applicant requested an additional two-year 22 extension of time to satisfy the conditions attached to the aforesaid street closure 23 action. 24 25 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 26 Beach, Virginia: 27 28 That the date for meeting the conditions of the street closure, as stated in the 29 Ordinance adopted on September 15, 2020 (ORD-3639H), upon application of James 30 T. Cromwell, Esq., Receiver for Shore Realty Corporation, a defunct corporation, is 31 extended to September 14, 2025. 32 33 Adopted by the Council of the City of Virginia Beach, Virginia, on this 5th day 34 of September , 2023. 35 36 No GPIN assigned (Right-of-Way) 37 Adjacent to GPIN: 2419-66-0933 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: Luait_ g City Attorney 9 Department De artment CA16074-4 \\vbgov.com\dfs 1\applications\citylaw\cycom 32\wpdocs\d025\p042\00901322.doc R-1 August 24, 2023 80 ITEM— VILK.11 ORDINANCES/RESOLUTIONS ITEM#74641 Upon motion by Vice Mayor Wilson,seconded by Council Member Holcomb, City Council ADOPTED,BY CONSENT, Ordinance to EXTEND the date for satisfying the conditions re closing a portion of unimproved right-of-way adjacent to 213 75`h Street Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 5, 2023 1 ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A PORTION OF 4 UNIMPROVED RIGHT-OF-WAY ADJACENT 5 TO 213 75T" STREET 6 7 WHEREAS, on September 15, 2020, the Council of the City of Virginia Beach 8 acted upon the application of James T. Cromwell, Esq., Receiver for Shore Realty 9 Corporation, a defunct corporation (the "Applicant"), for the closure of approximately 10 250 sq. ft. of an unimproved right-of-way adjacent to property located at 213 75th Street; 11 12 WHEREAS, City Council adopted an Ordinance (ORD-3639G) to close the 13 aforesaid portion of right-of-way, subject to certain conditions being met on or before 14 September 14, 2021; 15 16 WHEREAS, on July 30, 2021 , the Applicant requested an extension of time to 17 satisfy the conditions of the aforesaid street closure and, by Ordinance adopted on 18 September 7, 2021 (ORD-3674N), City Council approved the extension of time until 19 September 14, 2023; and 20 21 WHEREAS, on July 17, 2023, the Applicant has requested an additional two-year 22 extension of time to satisfy the conditions of the aforesaid street closure action. 23 24 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 25 Beach, Virginia: 26 27 That the date for meeting the conditions of the street closure, as stated in the 28 Ordinance adopted on September 15, 2020 (ORD-3639G), upon application of James 29 T. Cromwell, Esq., Receiver for Shore Realty Corporation, a defunct corporation, is 30 extended to September 14, 2025. 31 32 Adopted by the Council of the City of Virginia Beach, Virginia, on this 5th day 33 of September , 2023. 34 35 No GPIN assigned (Right-of-Way) 36 Adjacent to GPIN: 2419-56-9993 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: r !(4,(A.' V � q. r,aliiro City Attorney lanning Department CA16074-3 1\vbgov corn ldfs 1\applications\citylaw\cycom32\wpdocs\d0251p042100901331 doc R-1 August 24, 2023 81 ITEM— VILK.12 ORDINANCES/RESOLUTIONS ITEM#74642 Upon motion by Vice Mayor Wilson,seconded by Council Member Holcomb, City Council ADOPTED,BY CONSENT, Ordinance to EXTEND the date for satisfying the conditions re closing a portion of unimproved right-of-way adjacent to 215A and 215E 75``'Street Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 5, 2023 1 ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A PORTION OF 4 UNIMPROVED RIGHT-OF-WAY ADJACENT 5 TO 215A AND 215B 75TH STREET 6 7 WHEREAS, on September 15, 2020, the Council of the City of Virginia Beach 8 acted upon the application of James T. Cromwell, Esq., Receiver for Shore Realty 9 Corporation, a defunct corporation (the "Applicant"), for the closure of approximately 10 250 sq. ft. of an unimproved right-of-way adjacent to property located at 215A and 215B 11 75th Street; 12 13 WHEREAS, City Council adopted an Ordinance (ORD-3639F) to close the 14 aforesaid portion of right-of-way, subject to certain conditions being met on or before 15 September 14, 2021 ; 16 17 WHEREAS, on July 30, 2021, the Applicant requested an extension of time to 18 satisfy the conditions of the aforesaid street closure and, by Ordinance adopted on 19 September 7, 2021 (ORD-36740), City Council approved the extension until September 20 14, 2023; and 21 22 WHEREAS, on July 17, 2023, the Applicant requested an additional two-year 23 extension of time to satisfy the conditions of the aforesaid street closure action. 24 25 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 26 Beach, Virginia: 27 28 That the date for meeting the conditions of the street closure as stated in the 29 Ordinance adopted on September 15, 2020 (ORD-3639F), upon application of James T. 30 Cromwell, Esq., Receiver for Shore Realty Corporation, a defunct corporation, is 31 extended to September 14, 2025. 32 33 Adopted by the Council of the City of Virginia Beach, Virginia, on this 5th day 34 of September , 2023. 35 36 No GPIN assigned (Right-of-Way) 37 Adjacent to GPINs: 2419-56-9954-0001 and 2419-56-9954-0002 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: City Attorney Planning Department CA16074-2 \\vbgov com\dfs 1\applications\citylaw\cycom32\wpdocs\d0251p042\00901335.doc R-1 August 24, 2023 82 ITEM— VILK.13 ORDINANCES/RESOLUTIONS ITEM#74643 Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council ADOPTED,BY CONSENT, Ordinance to' EXTEND the date for satisfying the conditions re closing a portion of unimproved right-of-way adjacent to 217 75th Street Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 5, 2023 1 ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A PORTION OF 4 UNIMPROVED RIGHT-OF-WAY ADJACENT 5 TO 217 75TH STREET 6 7 WHEREAS, on September 15, 2020, the Council of the City of Virginia Beach 8 acted upon the application of James T. Cromwell, Esq., Receiver for Shore Realty 9 Corporation, a defunct corporation (the "Applicant"), for the closure of approximately 10 375 sq. ft. of an unimproved right-of-way adjacent to property located at 217 75th Street; 11 12 WHEREAS, City Council adopted an Ordinance (ORD-3639E) to close the 13 aforesaid portion of right-of-way, subject to certain conditions being met on or before 14 September 14, 2021; 15 16 WHEREAS, on July 30, 2021, the Applicant requested an extension of time to 17 satisfy the conditions of the aforesaid street closure and, by Ordinance adopted on 18 September 7, 2021 (ORD-3674P), City Council approved the extension until September 19 14, 2023; and 20 21 WHEREAS, on July 17, 2023, the Applicant requested an additional two-year 22 extension of time to satisfy the conditions of the aforesaid street closure action. 23 24 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 25 Beach, Virginia: 26 27 That the date for meeting the conditions of the street closure, as stated in the 28 Ordinance adopted on September 15, 2020 (ORD-3639E), upon application of James T. 29 Cromwell, Esq., Receiver for Shore Realty Corporation, a defunct corporation, is 30 extended to September 14, 2025. 31 32 Adopted by the Council of the City of Virginia Beach, Virginia, on this .5th day 33 of September , 2023. 34 35 No GPIN assigned (Right-of-Way) 36 Adjacent to GPINs: 2419-56-8972 and 2419-56-9902 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: Wlvz/1/ City Attorney Planning Department CA16074-1 1\vbg ov.com\dfs 1\a ppl ication s\citylaw\cycom 32\wpdocs\d0251p042100901325.doc R-1 August 24, 2023 83 ITEM— VILK.14 ORDINANCES/RESOLUTIONS ITEM#74644 Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council ADOPTED,BY CONSENT, Ordinance to EXTEND the date for satisfying the conditions re closing_a portion of unimproved right-of-way adjacent to 7500 Atlantic Avenue Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 5, 2023 1 ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A PORTION OF 4 UNIMPROVED RIGHT-OF-WAY ADJACENT 5 TO 7500 ATLANTIC AVENUE 6 7 WHEREAS, on September 15, 2020, the Council of the City of Virginia Beach 8 acted upon the application of James T. Cromwell, Esq., Receiver for Shore Realty 9 Corporation, a defunct corporation (the "Applicant"), for the closure of approximately 10 413 sq. ft. of an unimproved right-of-way adjacent to property located at 7500 Atlantic 11 Avenue; 12 13 WHEREAS, City Council adopted an Ordinance (ORD-3639DD) ,to close the 14 aforesaid portion of right-of-way, subject to certain conditions being met on or before 15 September 14, 2021; 16 17 WHEREAS, on July 30, 2021, the Applicant requested an extension of time to 18 satisfy the conditions of the aforesaid street closure and, by Ordinance adopted on 19 September 7, 2021 (ORD-3674D), City Council approved the extension until September 20 14, 2023; and 21 22 WHEREAS, on July 17, 2023, the Applicant requested an additional two-year 23 extension of time to satisfy the conditions attached to the aforesaid street closure 24 action. 25 26 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 27 Beach, Virginia: 28 29 That the date for meeting the conditions of the street closure, as stated in the 30 Ordinance adopted on September 15, 2020 (ORD-3639DD), upon application of James 31 T. Cromwell, Esq., Receiver for Shore Realty Corporation, a defunct corporation, is 32 extended to September 14, 2025. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia, on this 5 t h day 35 of September , 2023. 36 37 No GPIN assigned (Right-of-Way) 38 Adjacent to GPIN: 2419-66-2998 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: CityAttorney anningDep rent CA16074-13 11vbgov.comldfs 11a ppl icalion slcitylawlc ycom 321wpdocs1d 0251p042100901333.doc R-1 August 24, 2023 84 ITEM— VII.K.15 ORDINANCES/RESOLUTIONS ITEM#74645 Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council ADOPTED,BY CONSENT, Ordinance to EXTEND the date for satisfying the conditions re closing a portion of unimproved right-of-way adjacent to 208A and 208E 76t Street Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 5, 2023 1 ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A PORTION OF 4 UNIMPROVED RIGHT-OF-WAY ADJACENT 5 TO 208A AND 208B 76TH STREET 6 7 WHEREAS, on September 15, 2020, the Council of the City of Virginia Beach 8 acted upon the application of James T. Cromwell, Esq., Receiver for Shore Realty 9 Corporation, a defunct corporation (the "Applicant"), for the closure of approximately 10 312 sq. ft. of an unimproved right-of-way adjacent to property located at 208A and 208B 11 761h Street; 12 13 WHEREAS, City Council adopted an Ordinance (ORD-3639CC) to close the 14 aforesaid portion of right-of-way, subject to certain conditions being met on or before 15 September 14, 2021; 16 17 WHEREAS, on July 30, 2021, the Applicant requested an extension of time to 18 satisfy the conditions of the aforesaid street closure and, by Ordinance adopted on 19 September 7, 2021 (ORD-3674E), City Council approved the extension until September 20 14, 2023; and 21 22 WHEREAS, on July 17, 2023, the Applicant requested an additional two-year 23 extension of time to satisfy the conditions attached to the aforesaid street closure 24 action. 25 26 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 27 Beach, Virginia: 28 29 That the date for meeting the conditions of the street closure, as stated in the 30 Ordinance adopted on September 15, 2020 (ORD-3639CC, upon application of James 31 T. Cromwell, Esq., Receiver for Shore Realty Corporation, a defunct corporation, is 32 extended to September 14, 2025. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia, on this 5th day 35 of September , 2023. 36 37 No GPIN assigned (Right-of-Way) 38 Adjacent to GPIN: 2419-67-0055 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: A//(1,1,11 City Attorney Planning Department CA16074-12 1\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d025\p042\00901329.doc R-1 August 24, 2023 85 ITEM— VILK.16 ORDINANCES/RESOLUTIONS ITEM#74646 Upon motion by Vice Mayor Wilson,seconded by Council Member Holcomb, City Council ADOPTED,BY CONSENT, Ordinance to EXTEND the date for satisfying the conditions re closing a portion of unimproved right-of-way adjacent to 210 76``'Street Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 5, 2023 1 ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A PORTION OF 4 UNIMPROVED RIGHT-OF-WAY ADJACENT 5 TO 210 76TH STREET 6 7 WHEREAS, on September 15, 2020, the Council of the City of Virginia Beach 8 acted upon the application of James T. Cromwell, Esq., Receiver for Shore Realty 9 Corporation, a defunct corporation (the "Applicant"), for the closure of approximately 10 325 sq. ft. of an unimproved right-of-way adjacent to property located at 210 76th Street; 11 12 WHEREAS, City Council adopted an Ordinance (ORD-3639BB) to close the 13 aforesaid portion of right-of-way, subject to certain conditions being met on or before 14 September 14, 2021; 15 16 WHEREAS, on July 30, 2021 , the Applicant requested an extension of time to 17 satisfy the conditions of the aforesaid street closure and, by Ordinance adopted on 18 September 7, 2021 (ORD-3674F), City Council approved the extension until September 19 14, 2023; and 20 21 WHEREAS, on July 17, 2023, the Applicant requested an additional two-year 22 extension of time to satisfy the conditions attached to the aforesaid street closure 23 action. 24 25 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 26 Beach, Virginia: 27 28 That the date for meeting the conditions of the street closure, as stated in the 29 Ordinance adopted on September 15, 2020 (ORD-3639BB), upon application of James 30 T. Cromwell, Esq., Receiver for Shore Realty Corporation, a defunct corporation, is 31 extended to September 14, 2025. 32 33 Adopted by the Council of the City of Virginia Beach, Virginia, on this 5th day 34 of September , 2023. 35 36 No GPIN assigned (Right-of-Way) 37 Adjacent to GPIN: 2419-67-0003 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: City Attorney Planning Department CA16074-11 1\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs1d0251p042100901328.doc R-1 August 24, 2023 86 ITEM— VII.K.17 ORDINANCES/RESOLUTIONS ITEM#74647 Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council ADOPTED,BY CONSENT, Ordinance to EXTEND the date for satisfying the conditions re closing a portion of unimproved right-of-way adjacent to 214 76t`'Street Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 5, 2023 1 ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A PORTION OF 4 UNIMPROVED RIGHT-OF-WAY ADJACENT 5 TO 214 76TH STREET 6 7 WHEREAS, on September 15, 2020, the Council of the City of Virginia Beach 8 acted upon the application of James T. Cromwell, Esq., Receiver for Shore Realty 9 Corporation, a defunct corporation (the "Applicant"), for the closure of approximately 10 250 sq. ft. of an unimproved right-of-way adjacent to property located at 214 76th Street; 11 12 WHEREAS, City Council adopted an Ordinance (ORD-3639AA) to close the 13 aforesaid portion of right-of-way, subject to certain conditions being met on or before 14 September 14, 2021 ; 15 16 WHEREAS, on July 30, 2021 , the Applicant requested an extension of time to 17 satisfy the conditions of the aforesaid street closure and, by Ordinance adopted on 18 September 7, 2021 (ORD-3674G), City Council approved the extension until September 19 14, 2023; and 20 21 WHEREAS, on July 17, 2023, the Applicant requested an additional two-year 22 extension of time to satisfy the conditions attached to the aforesaid street closure 23 action. 24 25 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 26 Beach, Virginia: 27 28 That the date for meeting the conditions of the street closure, as stated in the 29 Ordinance adopted on September 15, 2020 (ORD-3639AA), upon application of James 30 T. Cromwell, Esq., Receiver for Shore Realty Corporation, a defunct corporation, is 31 extended to September 14, 2025. 32 33 Adopted by the Council of the City of Virginia Beach, Virginia, on this 5th day 34 of September , 2023. 35 36 No GPIN assigned (Right-of-Way) 37 Adjacent to GPIN: 2419-57-9052 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: City Attorney Planning Department CA16074-10 \\vbgov.com\dfs 1\a ppl ication s\citylaw\cycom 32\wpd ocs\d025\p042\00901327.doc R-1 August 24, 2023 87 ITEM- VILK.18 ORDINANCES/RESOLUTIONS ITEM#74648 Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council ADOPTED,BY CONSENT, Ordinance to EXTEND the date for satisfying the conditions re closing a portion of unimproved right-of-way adjacent to 216A and 216E 76`h Street Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 5, 2023 1 ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A PORTION OF 4 UNIMPROVED RIGHT-OF-WAY ADJACENT 5 TO 216A AND 216B 76TH STREET 6 7 WHEREAS, on September 15, 2020, the Council of the City of Virginia Beach 8 acted upon the application of James T. Cromwell, Esq., Receiver for Shore Realty 9 Corporation, a defunct corporation (the "Applicant"), for the closure of approximately 10 300 sq. ft. of an unimproved right-of-way adjacent to property located at 216A and 216B 11 76th Street; 12 13 WHEREAS, City Council adopted an Ordinance (ORD-3639M) to close the 14 aforesaid portion of right-of-way, subject to certain conditions being met on or before 15 September 14, 2021 ; 16 17 WHEREAS, on July 30, 2021 , the Applicant requested an extension of time to 18 satisfy the conditions of the aforesaid street closure and, by Ordinance adopted on 19 September 7, 2021 (ORD-3674H), City Council approved the extension until September 20 14, 2023; and 21 22 WHEREAS, on July 17, 2023, the Applicant requested an additional two-year 23 extension of time to satisfy the conditions of the aforesaid street closure action. 24 25 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 26 Beach, Virginia: 27 28 That the date for meeting the conditions of the street closure, as stated in the 29 Ordinance adopted on September 15, 2020 (ORD-3639M), upon application of James 30 T. Cromwell, Esq., Receiver for Shore Realty Corporation, a defunct corporation, is 31 extended to September 14, 2025. 32 33 Adopted by the Council of the City of Virginia Beach, Virginia, on this 5th day 34 of September , 2023. 35 36 No GPIN assigned (Right-of-Way) 37 Adjacent to GPINs: 2419-57-8093-1216 and 2419-57-8093-2216 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: 4 b ( City Attorney tanning Department CA 16074-9 1\vbgov com\dfsl\applications\citylaw\cycom32\wpdocs\d0241p035100746979.doc R-1 August 24, 2023 88 ITEM— VII.K.19 ORDINANCES/RESOLUTIONS ITEM#74649 Upon motion by Vice Mayor Wilson,seconded by Council Member Holcomb, City Council ADOPTED,BY CONSENT, Ordinance to EXTEND the date for satisfying the conditions re closing a portion of unimproved right-of-way adjacent to 218A and 218E 766 Street Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 5, 2023 1 ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A PORTION OF 4 UNIMPROVED RIGHT-OF-WAY ADJACENT 5 TO 218A AND 218B 76TH STREET 6 7 WHEREAS, on September 15, 2020, the Council of the City of Virginia Beach 8 acted upon the application of James T. Cromwell, Esq., Receiver for Shore Realty 9 Corporation, a defunct corporation (the "Applicant"), for the closure of approximately 10 250 sq. ft. of an unimproved right-of-way adjacent to property located at 218A and 218B 11 76th Street; 12 13 WHEREAS, City Council adopted an Ordinance (ORD-3639L) to close the 14 aforesaid portion of right-of-way, subject to certain conditions being met on or before 15 September 14, 2021; 16 17 WHEREAS, on July 30, 2021, the Applicant requested an extension of time to 18 satisfy the conditions of the aforesaid street closure and, by Ordinance adopted on 19 September 7, 2021 (ORD-36741), City Council approved the extension until September 20 14, 2023; and 21 22 WHEREAS, on July 17, 2023, the Applicant requested an additional two-year 23 extension of time to satisfy the conditions attached to the aforesaid street closure 24 action. 25 26 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 27 Beach, Virginia: 28 29 That the date for meeting the conditions of the street closure, as stated in the 30 Ordinance adopted on September 15, 2020 (ORD-3639L), upon application of James T. 31 Cromwell, Esq., Receiver for Shore Realty Corporation, a defunct corporation, is 32 extended to September 14, 2025. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia, on this 5th day 35 of September , 2023. 36 37 No GPIN assigned (Right-of-Way) 38 Adjacent to GPINs: 2419-57-8032-0001 and 2419-57-8032-0002 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: LUa-4- q ////ii- City Attorney Planning Dep rtment CA 16074-8 11vbgov com\dfs 1\applications\citylaw\cycom32\wpdocs1d025\p042\00901330 doc R-1 August 24, 2023 89 ITEM— VILK.20 ORDINANCES/RESOLUTIONS ITEM#74650 Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council ADOPTED,BY CONSENT, Ordinance to EXTEND the date for satisfying the conditions re closing a 334 square foot portion of unimproved right-of-way adjacent to the rear of 317 45th Street Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 5, 2023 1 AN ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A 334 SQ. FT. PORTION 4 OF AN UNIMPROVED RIGHT-OF-WAY 5 ADJACENT TO THE REAR OF 317 451H STREET 6 7 WHEREAS, on September 7, 2021 , the Council of the City of Virginia Beach 8 acted upon the application of Jeffrey and Paige Madrigal (the "Applicants") for the 9 closure of an approximately 334 sq. ft. portion of an unimproved right-of-way, adjacent 10 to the rear of their property located at 317 45tr1 Street (GPIN: 2418-87-5164); 11 12 WHEREAS, City Council adopted an Ordinance (ORD-3674A) to close the 13 aforesaid portion of right-of-way, subject to certain conditions being met on or before 14 September 6, 2022; and 15 16 WHEREAS, on August 2, 2022, the Applicants requested an extension of time to 17 satisfy the conditions to the aforesaid street closure and, by Ordinance ORD-3708E, 18 City Council approved the extension until September 6, 2023; and 19 20 WHEREAS, on August 21, 2023, the Applicants requested an additional 21 extension of time to satisfy the conditions of the street closure. 22 23 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 24 Beach, Virginia: 25 26 That the date for meeting conditions of closure, as stated in the Ordinance 27 adopted on September 7, 2021 (ORD-3674A). upon application of Jeffrey and Paige 28 Madrigal, is extended to September 6, 2024. 29 30 Adopted by the Council of the City of Virginia Beach, Virginia, on this 5th day 31 of September , 2023. 32 33 No GPIN Assigned (Right-of-Way) 34 Adjacent GPIN: 2418-87-5164 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: (aces, /40A1 (' — City Attorney Planning Department CA 16234 11vbgov com\dfsl\applications\citylaw\cycom32\wpdocs\d028\p046\00908609 doc R-1 August 29, 2023 90 ITEM— VILK.21 ORDINANCES/RESOLUTIONS ITEM#74651 Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council ADOPTED,BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property known as Treasure Canal, located at the rear of 2240 Windward Shore Drive re construct and maintain a boat lift, wood dock and a portion of a wood pier DISTRICT 8 Voting: 11-0 Council Members Voting Aye: Michael,F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 5, 2023 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF CITY-OWNED 6 PROPERTY KNOWN AS TREASURE 7 CANAL, LOCATED AT THE REAR OF 8 2240 WINDWARD SHORE DRIVE 9 10 WHEREAS, Gretchen H. Fisher and Albert Teal Fisher, Jr., Trustees of the 11 Survivor's Trust created under the Albert and Gretchen Fisher Joint Revocable Trust under 12 Agreement dated December 19, 2017 (the "Fisher Trust") have requested permission to 13 construct and maintain a 12.5' x 12.5' boat lift, a 49.2'x 6'wood dock, and a 4.02' portion of 14 a 4'wide wood pier(collectively,the"Temporary Encroachments")within the City's property 15 known as Treasure Canal, located at the rear of the Fisher Trust's property at 2240 16 Windward Shore Drive (GPIN: 2409-09-8146); and 17 18 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 19 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 20 the City's property subject to such terms and conditions as Council may prescribe. 21 22 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 26 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Fisher Trust, its 27 beneficiaries, assigns and successors in title are authorized to construct and maintain the 28 Temporary Encroachments as shown on the map entitled: "EXHIBIT A ENCROACHMENT 29 EXHIBIT SHOWING WOOD PIER, WOOD DOCK & BOAT LIFT FOR GRETCHEN H. 30 FISHER AND ALBERT TEAL FISHER, JR., TRUSTEES OF THE SURVIVOR'S TRUST 31 CREATED UNDER THE ALBERT AND GRETCHEN FISHER JOINT REVOCABLE TRUST 32 UNDER AGREEMENT DATED DECEMBER 19, 2017 LOCATED ON LOT 56, BAY 33 ISLAND, SECTION ONE M.B. 45, PG. 37 GPIN: 2409-09-8146 CITY OF VIRGINIA 34 BEACH, VIRGINIA," Scale: 1" = 50', dated March 1, 2023, and prepared by Gallup 35 Surveyors & Engineers, a copy of which is attached hereto as Exhibit A, and on file in the 36 Department of Public Works and to which reference is made for a more particular 37 description; 38 39 BE IT FURTHER ORDAINED, that the Temporary Encroachments are 40 expressly subject to those terms, conditions and criteria contained in the agreement 41 between the City of Virginia Beach and the Fisher Trust(the "Agreement"), an unexecuted 42 copy of which has been presented to the Council in its agenda, and will be recorded among 43 the records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; 44 45 BE IT FURTHER ORDAINED, that the City Manager or his authorized 46 designee is hereby authorized to execute the Agreement; and 47 48 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 49 such time as the Fisher Trust and the City Manager or his authorized designee execute the 50 Agreement. 51 52 Adopted by the Council of the City of Virginia Beach, Virginia, on the 5 t h 53 day of September , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: A h /,modi/ P BOG WORKS, REAL ESTATE NELL L. FORD ASSOCIATE CITY ATTORNEY CA16055 R-1 Prepared: 05/5/2023 11vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d001\p041100882802.doc ��O � SEE SHEET 3 FOR ADJACENT OWNERS, c�, GP� LINE TABLE &CURVE TABLE. e ?•V EX. 6' WOOD '� '' . DOCK TO BE , -' QG•3• j REMOVED r j ,14,'C ki\ APPROX. MHW E. WOOD 8" WOOD N in BULKHEAD APPROX. MLW S111%4,, PIER TO BE ^� REMOVED m MLW-MHW ALONG v 2" WOOD cf) () EX. BULKHEAD BULKHEAD N•Dc3' MHW ALONG BULKHEAD O 2" WOOD BULKHEAD P. O, 6" WOOD BULKHEAD cvN ® 2" WOOD BULKHEAD A 8" ALUMINUM EX. BULKHEAD BULKHEAD LOT 56 tp F.N. 202103042347 O ul O. �c9. ul s, Naa,,, I. 2 STORY RESIDENCE . . # 2240 tct.ma ('0 P'. GA Ick �ALT8 0Pt, Cj``O *`. ,, e%, IP. sc, U DA UTLER �` • �`� V` c.No. 38395 EXHIBIT A �-ks ENCROACHMENT EXHIBIT SHOWING WOOD PIER, sI°NAL 1�� • WOOD DOCK & BOAT LIFT FOR GRETCHEN H. FISHER AND ALBERT TEAL 0 50 100 FISHER, JR., TRUSTEES OF THE SURVIVOR'S niiiiii%nmiiiimmol TRUST CREATED UNDER THE ALBERT AND GRETCHEN FISHER JOINT REVOCABLE TRUST UNDER AGREEMENT DATED DECEMBER 19, 2017 1p GALLUP SURVEYORS & ENGINEERS 323 FIRST COLONIAL ROAD LOCATED ON LOT 56, BAY ISLAND, SECTION ONE M.B. 45, PG. 37 GPIN:2409-09-8146 VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH, VIRGINIA (757)428-8132 (757)425-2390 FAX Scale: 1"=50' I Date: MAR. 1, 2023 I Sheet: 1 of 3 W:\Fisher,Albert TJr.-2240 Windward Shore Drive\Drawings\21-84 Encroachment Exhibit.dwg,5/4/2023 11:28:32 AM,1:1 �i LT$O� O. Lr 1 tP% r0 L1-(3r ' DA UTLER 15 3N' • c.No. 38395 N it 2:5 .447 .0.0 in 0 4,,s, Cs1� PROPOSED A3 0 � CO 'ZONAL 1 i • 12.5'x12.5 / BOAT LIFT 2fi �• 4'0 PROPOSED 6'WIDE WOOD DOCK " \ c��%6� " •mod'. • o (IN SAME FOOT PRINT AS EXISTING) • ad' Vs1 N/ tO • ..17 ® I 7 ti g Jq 3 .�� N610:A.0 11% 00° CO o4o 0� , �( �b �N. PROPOSED moo., k w ..4 4'WIDE 0 AA``Q WOOD PIER 0� oN "3 APPROX. MHW ?a APPROX. MLW EX. BULKHEAD LOT 56 I.N. 202103042347 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING WOOD PIER, WOOD DOCK & BOAT LIFT FOR GRETCHEN H. FISHER AND ALBERT TEAL FISHER, JR., TRUSTEES OF THE SURVIVOR'S 0 50 100 TRUST CREATED UNDER THE ALBERT AND 11.61.11mellii GRETCHEN FISHER JOINT REVOCABLE TRUST UNDER AGREEMENT DATED DECEMBER 19, 2017 y, LOCATED ON GALLUP LOT 56, BAY ISLAND, SECTION ONE SURVEYORS & ENGINEERS M.B. 45, PG. 37 GPIN:2409-09-8146 323 FIRST COLONIAL ROAD CITY OF VIRGINIA BEACH VIRGINIA BEACH,VIRGINIA 23454 , VIRGINIA (757)428-8132(757)425-2390 FAX Scale: 1"=20' I Date: MAR. 1, 2023 I Sheet: 2 of 3 W:\Fisher,Albert TJr.-2240 Windward Shore Drive\Drawings\21-84 Encroachment Exhibit.dwg,5/4/2023 11:28:32 AM,1:1 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 6/194h day of 7Uk , 2023 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and GRETCHEN H. FISHER and ALBERT TEAL FISHER, JR., TRUSTEES OF THE SURVIVOR'S TRUST CREATED UNDER THE ALBERT AND GRETCHEN FISHER JOINT REVOCABLE TRUST UNDER AGREEMENT DATED DECEMBER 19, 2017, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "56," as shown on that certain plat entitled: "SUBDIVISION OF BAY ISLAND SECTION ONE PRINCESS ANNE CO., VA. LYNNHAVEN MAGISTERIAL DISTRICT," Scale: 1" = 100', dated February 1958, prepared by Frank D. Tarrall, Jr. & Associates, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 45, at page 37, and being further designated, known, and described as 2240 Windward Shore Drive, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain a 12.5' x 12.5' boat lift, a 49.2' x 6' wood dock, and a 4.02' portion of a 4' wide wood pier, collectively, the "Temporary Encroachments", in the City of Virginia Beach; and GPINs: CITY PROPERTY KNOWN AS TREASURE CANAL (NO GPIN ASSIGNED) 2409-09-8146 (2240 WINDWARD SHORE DRIVE) WHEREAS, in constructing and maintaining the Temporary Encroachments, it is necessary that the Grantee encroach into a portion of City-owned property known as Treasure Canal, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachments within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachments. It is expressly understood and agreed that the Temporary Encroachments will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: Temporary Encroachments into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT EXHIBIT SHOWING WOOD PIER, WOOD DOCK & BOAT LIFT FOR GRETCHEN H. FISHER AND ALBERT TEAL FISHER, JR., TRUSTEES OF THE SURVIVOR'S TRUST CREATED UNDER THE ALBERT AND GRETCHEN FISHER JOINT REVOCABLE TRUST UNDER AGREEMENT DATED DECEMBER 19, 2017 LOCATED ON LOT 56, BAY ISLAND, SECTION ONE M.B. 45, PG. 37 GPIN: 2409-09-8146 CITY OF VIRGINIA BEACH, VIRGINIA," Scale: 1" = 50', dated March 1, 2023, and prepared by Gallup Surveyors & Engineers, a copy of which is attached hereto as s 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 Encroachments from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachments herein authorized terminate upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachments must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachments. 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 Encroachments 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 3 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 Encroachments. It is further expressly understood and agreed that the Temporary Encroachments must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachments and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachments; 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 Encroachments are 4 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, Gretchen H. Fisher and Albert Teal Fisher, Jr., Trustees of the Survivor's Trust created under the Albert and Gretchen Fisher Joint Revocable Trust under Agreement dated December 19, 2017, 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 LEFTBLANK) 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 , 202 , 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 202_, 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 GRANTEE: SURVIVOR'S TRUST CREATED UNDER THE ALBERT AND GRETCHEN FISHER JOINT REVOCABLE TRUST UNDER AGREEMENT DATED DECEMBER 19, 2017 By: Gr chen H. Fish r, Trustee By: - Albert Teal Fisher, Jr., TruDtQ/ STATE OF q.,,,01\ CITY/ OF\a 76eato-wit: The foregoing instrument was acknowledged before me this (Oft day of � c , 2023_, by Gretchen H. Fisher and Albert Teal Fisher, Jr., Trustees of the Survivor's Trust Created Under The Albert and Gretchen Fisher Joint Revocable Trust Under Agreement Dated December 19, 2017. (SEAL) N. fii,Nylic LEE 040 ,, p-' -s Notary Registration Number: 131D`1Ia. :oo OF z; My Commission Expires: 11)1301),R3 \4,,\•.1//:?Git0":•-*.c.). qRY Pv�` .... APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM ( AJ i &AO P BL C WOR S/REAL ESTATE N L L. FORD ASSOCIATE CITY ATTORNEY 7 OQ P�, SEE SHEET 3 FOR ADJACENT OWNERS, F _O GP� LINE TABLE& CURVE TABLE. ��t � EX. 6' WOOD 1DOCK TO BE/ !' % ' QG. REMOVED I j 'C\- tt(3, ,S\ 000 L� S IA APPROX. MHW 8" WOOD N in- EX. WOOD BULKHEAD APPROX. MLW PIER TO BE A) ,� REMOVED m MLW-MHW ALONG < 2" WOOD t!) 0' EX. BULKHEAD BULKHEAD MHW ALONG BULKHEAD 0 2° WOOD BULKHEAD APO, 6" WOOD BULKHEAD , `V/ 2° WOOD BULKHEAD A 8" ALUMINUM B. BULKHEAD 1- BULKHEAD LOT 56 �a I.N. 202103042347 O O. MCA u' + N3 a. 2 STORY RESIDENCE # 2240 ? 1\10 cP 13o 0 0' 3rj 0' „AALT1H 04 \AO S , -0 ,1 QO , 1 Cc.,.c), --/)_ 0\40 Wo " 11e s C* \ P ��p 31 A 'I1 UTLER c.No. 38395 '0 \'2544' EXHIBIT A ���, ENCROACHMENT EXHIBIT SHOWING WOOD PIER, s?ONAL WOOD DOCK & BOAT LIFT FOR GRETCHEN H. FISHER AND ALBERT TEAL 0 50 100 FISHER, JR., TRUSTEES OF THE SURVIVOR'S Wimiiivi TRUST CREATED UNDER THE ALBERT AND GRETCHEN FISHER JOINT REVOCABLE TRUST UNDER AGREEMENT DATED DECEMBER 19, 2017 GALLUP LOCATED ON .. ', LOT 56, BAY ISLAND, SECTION ONE SURVEYORS & ENGINEERS7. M.B. 45, PG. 37 GPIN:2409-09-8146 323 FIRST COLONIAL ROAD CITY OF VIRGINIA BEACH,VIRGINIA VIRGINIA BEACH,VIRGINIA 23454 (757)428-8132(757)425-2390 FAX Scale: 1"=50' ( Date: MAR. 1, 2023 I Sheet: 1 of 3 W:\Fisher,Albert TJr.-2240 Windward Shore Drive\Drawings\21-84 Encroachment Exhibit.dwg,5/4/2023 11:28:32 AM,1:1 -0L T 1 $O� O 11 % r0 v,c A I'll UTLER 5.3,k. Sq � `_ c.No. 38395 In It 0.� � 1�w PROPOSED 3 06� ;:! s�IONAL ���s �12.5'x12.5 BOAT LIFT 24. wo "\-\ PROPOSED 6'WIDE WOOD DOCK o `� (IN SAME FOOT PRINT AS EXISTING) • ao.� 0). Ni g:3' ' • .4,‘ ® 'OP' rtitil. • 'la 0.96 CT • N( 4' a ' C �. �% aA a00 , ••OF.C1P',6p, o° �- •`- �� � �,•. PROPOSED 'Po, 'S .40 4'WIDE to ^� WOOD PIER 44./ tb tit 4oN as APPROX. MHW + o � aco, APPROX. MLW / EX. BULKHEAD LOT 56 I.N. 202103042347 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING WOOD PIER, WOOD DOCK & BOAT LIFT FOR GRETCHEN H. FISHER AND ALBERT TEAL FISHER, JR., TRUSTEES OF THE SURVIVOR'S 0 50 100 TRUST CREATED UNDER THE ALBERT AND IIIII..I611.6m GRETCHEN FISHER JOINT REVOCABLE TRUST UNDER AGREEMENT DATED DECEMBER 19, 2017 GALLUP LOCATED ON LOT 56, BAY ISLAND, SECTION ONE M.B. 45, PG. 37 GPIN:2409-09-8146. CITY OF VIRGINIA BEACH, VIRGINIA SURVEYORS&ENGINEERS 323 FIRST COLONIAL ROAD VIRGINIA BEACH,VIRGINIA23454 (757)428-8132(757)425-2390 FAX Scale: 1 -20, Date: MAR. 1, 2023 Sheet: 2 of 3 W:\Fisher,Albert TJr.-2240 Windward Shore Drive\Drawings\21-84 Encroachment ExhibiLdwg,5/4/2023 11:28:32 AM,1:1 ADJACENT OWNER NOW OR FORMERLY LEGAL KEY INSTRUMENT INSTRUMENTIto GPIN DAVID H. & BETH B. DARROW LOT 55, BAY ISLAND, SECTION ONE 2409-09-7055 I.N. 200509020140924 M.B. 45, PG. 37 © DON A. & JANE E. MYERS LOT 53, BAY ISLAND, SECTION ONE 2409-09-6220 I.N. 200207313010058 M.B. 45, PG. 37 JAMES G. CURRIER LOT 57, BAY ISLAND, SECTION ONE 2409-09-9252 ep I.N. 202103093748 M.B. 45, PG. 37 CURVE TABLE CURVE DELTA RADIUS LENGTH TANGENT CHD BEARING CHORD C 1 05'33'46" 400.00' 38.84' 19.43' S 62'11'27" W 38.82' LINE TABLE 1. THIS PLAN WAS PERFORMED WITHOUT THE LINE BEARING DISTANCE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN L1 S 59'24'34" W 66.17' ENCROACHMENT REQUEST ONLY. L2 N 17'34'37" E 42.46' 3. THE PHYSICAL FEATURES SHOWN WERE OBTAINED FROM A TOPOGRAPHIC SURVEY PREPARED BY L3 N 38'14'37" E 41.00' COMPASS & CHAIN, LLC DATED NOVEMBER 16. L4 N 67'11'07" E 56.95' 2021 AND BY AERIAL IMAGERY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR VERIFICATION OF RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. 4/0.L T$rj., O1s G 0 EXHIBIT A i A 0 UTLER ENCROACHMENT EXHIBIT SHOWING WOOD PIER, c.No. 38395 2-5�w WOOD DOCK & BOAT LIFT '�'o ���� FOR GRETCHEN H. FISHER AND ALBERT TEAL ss �ti� FISHER, JR., TRUSTEES OF THE SURVIVOR'S IDNAL �� TRUST CREATED UNDER THE ALBERT AND GRETCHEN FISHER JOINT REVOCABLE TRUST UNDER AGREEMENT DATED DECEMBER 19, 2017 q GALLUP LOCATED ON LOT 56, BAY ISLAND, SECTION ONE SURVEYORS &ENGINEERS M.B. 45, PG. 37 GPIN:2409-09-8146 7)324 FIRST COLONIAL 425- ROAD CITY OF VIRGINIA BEACH,VIRGINIA VIRGINIA BEACH,VIRGINIA 23454 (757)428-8132(757)425-2390 FAX Scale: NA I Date: MAR. 1, 2023 I Sheet: 3 of 3 Lt' W:\Fisher,Albert TJr.-2240 Windward Shore Drive\Drawings\21-84 Encroachment Exhibit.dwg,S/4/2023 11:28:32 AM,1:1 ADJACENT OWNER NOW OR FORMERLY LEGAL KEY INSTRUMENT INSTRUMENT0 GPIN DAVID H. & BETH B. DARROW LOT 55, BAY ISLAND, SECTION ONE 2409-09-7055 I.N. 200509020140924 M.B. 45, PG. 37 DON A. & JANE E. MYERS LOT 53, BAY ISLAND, SECTION ONE 2409-09-6220 0 I.N. 200207313010058 M.B. 45, PG. 37 ® JAMES G. CURRIER I.N. 202103093748 LOT 57, BAY ISLAND, SECTION ONE M.B. 45, PG. 37 2409-09-9252 CURVE TABLE CURVE DELTA RADIUS LENGTH TANGENT CHD BEARING CHORD C 1 05'33'46" 400.00' 38.84' 19.43' S 62'11'27" W 38.82' LINE TABLE 1. THIS PLAN WAS PERFORMED WITHOUT THE LINE BEARING DISTANCE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN L1 S 59'24'34" W 66.17' ENCROACHMENT REQUEST ONLY. L2 N 17'34'37" E 42.46' 3. THE PHYSICAL FEATURES SHOWN WERE OBTAINED FROM A TOPOGRAPHIC SURVEY PREPARED BY L3 N 38'14'37" E 41.00' COMPASS & CHAIN, LLC DATED NOVEMBER 16. L4 N 67'11'07" E 56.95' 2021 AND BY AERIAL IMAGERY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR VERIFICATION OF RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. 4-v,p,LT$O� O� I,UO EXHIBIT A DA Ili UTLER ENCROACHMENT EXHIBIT SHOWING WOOD PIER, • c.No. 38395 � WOOD DOCK & BOAT LIFT ' 'o �,\ �w FOR GRETCHEN H. FISHER AND ALBERT TEAL 4, �1 FISHER, JR., TRUSTEES OF THE SURVIVOR'S ZONAL TRUST CREATED UNDER THE ALBERT AND GRETCHEN FISHER JOINT REVOCABLE TRUST UNDER AGREEMENT DATED DECEMBER 19, 2017 GALLUP LOCATED ON LOT 56, BAY ISLAND, SECTION ONE SURVEYORS &ENGINEERS M.B. 45, PG. 37 GPIN:2409-09-8146 323 FIRST COLONIAL ROAD CITY OF VIRGINIA BEACH, VIRGINIA VIRGINIA BEACH,VIRGINIA 23454 (757)428-8132(757)425-2390 FAX Scale: NA I Date: MAR. 1, 2023 I Sheet: 3 of 3 W:\Fisher,Albert TJr.-2240 Windward Shore Drive\Drawings\21-84 Encroachment Exhibitdwg,5/4/2023 11:28:32 AM,1:1 91 ITEM— VILK.22 ORDINANCES/RESOLUTIONS ITEM#74652 Upon motion by Vice Mayor Wilson,seconded by Council Member Holcomb, City Council ADOPTED,BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property known as Lake Holly located at the rear of 703 Arctic Avenue re construct and maintain a vinyl bulkhead and a timber pier DISTRICT 5 Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 5, 2023 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF CITY-OWNED 6 PROPERTY KNOWN AS LAKE HOLLY, 7 LOCATED AT THE REAR OF 703 8 ARCTIC AVENUE 9 10 WHEREAS, James A. Hart (the "Applicant") has requested permission to 11 construct and maintain a proposed 74' vinyl bulkhead with a 12' and a 13' return and a 16' 12 x 8'x 6'Umber pier(collectively, the"Temporary Encroachment') into City-owned property 13 known as Lake Holly(GPIN: 2427-23-1671), located at the rear of the Applicant's property 14 at 703 Arctic Avenue (GPIN: 2427-13-9460); and 15 16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 17 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 18 the City's property subject to such terms and conditions as Council may prescribe. 19 20 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 24 2009 and 15.2-2107, Code of Virginia, 1950, as amended,the Applicant, his heirs, assigns 25 and successors in title are authorized to construct and maintain the Temporary 26 Encroachment within the City's property as shown on the map entitled: "EXHIBIT 'A' - 27 ENCROACHMENT REQUEST FORA PROPOSED VINYL BULKHEAD &TIMBER PIER 28 FOR: JAMES A. HART 703 ARCTIC AVENUE 0.13 AC BY PLAT, LOT B, BLOCK 8, 29 SHORE ACRES, M.B. 246, PGS. 54&55,"`Scale: 1"= 30', dated June 20, 2023, prepared 30 by Stone Green Consulting, LLC., a copyof which is attached hereto as Exhibit"A"and on 31 file in the Department of Public Works and to which reference is made for a more particular 32 description; 33 34 BE IT FURTHER ORDAINED,that the Temporary Encroachment is expressly 35 subject to those terms,conditions and criteria contained in the agreement between the City 36 of Virginia Beach and the Applicant (the "Agreement"), an unexecuted copy of which has 37 been presented to the Council in its agenda, and will be recorded among the records of the 38 Clerk's Office of the Circuit Court of the City of Virginia Beach; 39 40 BE IT FURTHER ORDAINED, that the City Manager or his authorized 41 designee is hereby authorized to execute the Agreement; and 42 43 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 44 such time as the Applicant and the City Manager or his authorized designee execute the 45 Agreement. 1 46 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 5th 48 day of September , 2023. 49 50 51 CA16064 R-3 Prepared: 8/9/23 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: P. BLi IC W44KS, REAL ESTATE D A . ARMEYER SENIOR CITY ATTORNEY 2 T— -,. __.._Y.._ _-,.�.�...._._-_.__._. -__. HART ENCROACHMENTEXHIBIT ---- ' .r.:, wT!l>A:��.F�:10; ! C:IT7 zil l%IONMAYa�►IC �`k Cl • 41.65 8.41 8.40.._ N 14'33 51' E 11'34 28 ._ -' Zo C3 178.16 . 15.48 , 15.48 N 44'04 10. E 04'58 48_ . EX.B HD OF SHEELY , ,!2' PROPOSED 4 ._, TEMMPER PEER LAKE HOLLY ° �-+ N NOW OR FORMERLY /Ca ,' \„. . ,' C CITY OF V�L�GINIA BEACH ,I • C2 I GPIN:2427231671000 :/ . M.S. 39, PG. 42 S 54°03°34" N`• s M.S.246 PG.54 34.92' ! \ VINYL BULKHEAD WITH } NOW OR FORMERLY \ 13° ;ETU DONALD C.&DONNA P.SHEELY \ '6' , 705 ARCTIC AVENUE \ i GPIN:24271394650000 ��;; � S D .3563,PG. 1256 `N .1. , `I' M.3. 246, tti PGS.54 & 55 C3 PIER DETAIL °sp20' , 1'4V 1 t t:3 a • NOW OR FORMERLY EX. 8I(HD OF COX .__ JAMES A. KART ' 703 ARCTIC AVENUE cn 6° 6' t GPIN:2427 1394000000 w I 111111111\ co NOW OR FORMERLY •spa �_ T,,. INST:202003 17000254880 b d JORDON C.COX - .• ' MI.B. 24G, PGS. 54 $ 55 ® ® 701 ARCTIC AVENUE 4' ® . 0 GPIN:2427 I393650000 - — —— rn cio INST:20II 81 I 01000900090 PRIVATE 5'DRAINAGE 9 M.B.246, PGS. 54 55 EASE'.l ENT (M.B.246, PG. 55) 3 • � - 4.0' , WM 7S 78°21°23" E 25.78' • N 83°00'00" E / • I 1-,21.00' I �� Pil; PRIVATE UTILITY EASEMENT 4�` GI ANTED TO LOT ® /�..'. PER I .R.246, PG.54 I \ . ;,� i t N 07°00'00"Wi 73.31TO •-' '--) 50.00' CAI OLINE AVENL ��� E. GREEN �' • UUc, No. 040206 005 ARCTIC AVENUE ':' •t, ,���, 6/20/23 �\��- E 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. • 4 ,' 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COKVILATION OF DEEDS AND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. • • 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES.� EXHIS6 BA° a ENCROACHMENT REQUEST ,0 30 60 FOR A PROPOSED VINYL BULKHEAD & TIMSCALE: 1" 30' ENGINEERING SERVICES PROVIDED BY: FOR:JAMBS�. HART STONE GREEN CONSULTING, (IC 4014 MEDINA ROAD#1015o AKRON, OH 44333, 703 ARCT@C AVENUE 0.13 AC BY PLAT, LOT B, BLOCK 8,SHORE ACRES Q330) 883-2117 M.B. 246, PGS. 54&55 .' :a 02023 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED DUNE 20, 2023 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 C9 day of 3/ 2023, �� 9 by and between the PITY OF VIRGINIA PEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and DAMES A. HART, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee". WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "B" as shown on that certain plat entitled: `RESUBDIVISION OF PROPERTY LOTS 1 THRU 7, BLOCK 8 MAP OF SHORE ACRES PROPERTY OF SHORE ACRES INC. (M.B. 7, PT. 2, P. 137) VIRGINIA BEACH BOROUGH VIRGINIA BEACH, VIRGINIA," Scale: 1" = 20', dated July 11, 1995, prepared by Gallup Surveyors & Engineers, LTD., which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 246, at pages 54 and 55, respectively, and being further designated, known, and described as 703 Artic Avenue, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain a 74' vinyl bulkhead with a 12' and a 13' return and a 16' x 8' x 6' timber pier, collectively, the "Temporary Encro. chmont", in the City of Virginia Beach; and GPINs: 2427-234 671 = LAKE H ILLLY (CITY OF VIRGINIA BEACH) 2427 13-9460 — (703 ARCTIC AVENUE) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City-owned property known as Lake Holly (GPIN: 2427-23-1671), the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT 'A' - ENCROACHMENT REQUEST FOR A PROPOSED VINYL BULKHEAD & TIMBER PIER FOR: JAMES A. HART 703 ARCTIC AVENUE 0.13 AC BY PLAT, LOT B, BLOCK 8, SHORE ACRES, M.B. 246, PGS. 54 & 55," Scale: 1" = 30', dated June 20, 2023, prepared by STONE GREEN CONSULTING, LLC., a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 2 Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal It is further expressly understood and agreed that the Grantee shall • indemnify, hold harmless, and defend the City, its agents and employees., from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the Exhibit or in this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. 3 It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00). per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. 4 IN WITNESS WHEREOF, JAMES A. HART, the said Grantee, has caused this Agreement to be executed by his signature. 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 , 2023, .by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2023, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 1 m --•_J ---- - t1— J ME A. HART STATE OF �Y lye1Q�- CITY/COUNTY F V Inia WW1 , to-wit: The foregoing instrument was acknowledged before me this day of , 2023, by James A. Hart. Oa) 1 ali,• (SEAL) Notary 'RL:]Ic RENEE Notary Registration Number: In Qcrn ASH EY NOTARY PUBLIC JANECHEK REG. *7770977 My Commission Expires: US 3I ' 2021n COMMONWEALTH v MY COMMISSION EXPIRE APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM l 'imi P MAC WO S — EAL ESTATE D `RgEYER SENIOR CITY ATTORNEY 7 HART ENCROACHMENT EXHIBIT iii••1 CURVE R 1DI�1�5 ARI,LENGTH CHQRD I FNS'TlA NHDRD BS NG 1 DANGLE C2 31.56' 16.00' 15.83' N 39'14'10"E 29'02'5$6' Co C3 178.16' 15.48' 15.48' N 44"04'10"E 04.58'48" Ti EX.BKHD OF SHEELY N,'y PROPOSED W TIMBER PIER LAKE HOLLY T ` NOW OR FORMERLY 2_/I Cl N. 9 CITY OF VIRGINIA BEACH H titi LAKE HOLLY � GPIN:2427231671000 C2 ` ' 6, M.B. 139,PG.42 3 S 54°03'34"W \\ M.B.Z46 PG.54 34.92' \ `•, . u; PROPOSED 74'VINYL BULKHEAD WITH NOW OR FORMERLY \ '`\ O A 12'&13'RETURN DONALD C.&DONNA P.SHEELY \ 3• 705 ARCTIC AVENUE GPIN:24271394650000 N \ r\ ' Li) D.B.3563,PG. 1256 ko PIER DETAIL 1"=20' M.B.246,PGS.54& 55 � C3 ` sr.,' l NOW OR FORMERLY Akkc-EX.BKHD OF COX 16' JAMES A. HART Co 703 ARCTIC AVENUE v+ 6' 6' GPIN:2427 1394600000 w f I1II1111 r NOW OR FORMERLY INST:202003 17000254880 b o JORDON C.COXo = M.B. 246, PGS. 54 4 55 c 0 701 ARCTIC AVENUE 4' o o GPIN:24271393650000 - — —— omo i INST:20 1 8 1 101000900090 PRIVATE 5'DRAINAGE z M.B.246,PGS. 54&55 EASEMENT (M.B.246, PG. 55) 3 STY.FR r 4.0' #703 S 78°21'23"E / 25.78' N 83°00'0O"E I — 0 00 21.00' I a �.pLTH o, PRIVATE UTILITY EASEMENT I 1 �`l� GRANTED TO LOT A I O Nr /� PER M.B.246,PG.54 1 4 N 07'00'00"W/— \73.3'TO SEAN E. GREEN a 50.00' CAROLINE AVENUE Lic. No. 0402064005 ARCTIC AVENUE .o M.B. 246 P. 54 `Z i , F 6/20/23 SS/O N A L N-1G 1, THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. 0 30 60 EXHIBIT 'A'- ENCROACHMENT REQUEST FOR A PROPOSED VINYL BULKHEAD & SCALE:1"=30' TIMBER PIER ENGINEERING SERVICES PROVIDED BY: FOR:DAMES A. HART STONE GREEN CONSULTING, LLC 703 ARCTIC AVENUE 4014 MEDINA ROAD#1015,AKRON,OH 44333 0.13 AC BY PLAT, LOT B, BLOCK 8,SHORE ACRES (330)883-2117 M.B. 246,PGS. 54&55 `©2023 WATERFRONT CONSULTING,INC. ALL RIGHTS RESERVED JUNE 20, 2023 I 92 ITEM— VILK.23 ORDINANCES/RESOLUTIONS ITEM#74653 Upon motion by Vice Mayor Wilson,seconded by Council Member Holcomb, City Council ADOPTED,BY CONSENT, Ordinance to CARRY FORWARD and APPROPRIATE $10,145,169 to the FY 2023-24 Operating Budget re purposes previously approved in FY2022-23 Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 5, 2023 1 AN ORDINANCE TO CARRY FORWARD AND 2 APPROPRIATE $10,145,169 FOR PURPOSES 3 PREVIOUSLY APPROVED IN FY 2022-23 INTO THE FY 4 2023-24 OPERATING BUDGET 5 6 WHEREAS, funding totaling $10,145,169 was unexpended at the close of Fiscal 7 Year 2022-23 and requires re-appropriation to achieve the purposes for which such funds 8 were included in the FY 2023-24 Operating Budget. 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 That $10,145,169 is hereby appropriated in the FY 2023-24 Operating Budget for 14 the purposes and amounts as set forth in the attachment entitled "Exhibit A- FY 2022-23 15 Items Requested for Carry Forward into FY 2023-24," with a corresponding increase in 16 revenue from each respective fund stated therein. Requires an affirmative vote by a majority of all the members of the City Council. Adopted by the Council of the City of Virginia Beach, Virginia, on the 5 th day of September , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budgefand Management Services _ CityAttor 's Office CA16287 R-1 August 23, 2023 EXHIBIT A: FY 2022-23 Items Requested for Carry Forward into FY 2023-24 .D`epartment`' t Amount' 'Purpose Cultural Affairs $125,000 Funding for public art installation in the Historic Kempsville Area. Economic Development $660,689 State funding to offset the cost of development for Acoustical Sheet Metal. State funding for diligence studies,sewer design, and construction for the Economic Development $866,900 Innovation Park.Funding for a SWAM Reporting Product to help in accurately and timely capturing subcontracting data on city projects and ensuring the City meets the aspirational goal for women-owned and service-disabled veteran-owned Finance $215,000 business. Funding for an updated Disparity Study, currently undergoing an RFP and Finance $500,000 expected to be completed during FY 2024. Funding for a housing rehabilitation program that provides the only resource Housing& Neighborhood Preservation $248,038 for homeowners that cannot be assisted with Federal funds. Housing& Neighborhood Preservation $4,949 Funding donated from VB HOME NOW to assist the homeless. Funding for vehicles for the Department of Human Services Permanent Human Services $76,000 Supportive Housing Program,funded by the state. Non Departmental $254,000 Funding for counseling support services. Funding to cover the lease for a shared storage lot at Camp Pendleton to be Parks& Recreation $8,200 split between Public Works and Parks and Recreation. Police $42,167 Funding for the Cognitive Entry Assessment RFP. Police $113,500 Funding for a police policy review to be completed in early FY2024. Funding for the installation,annual subscription, and services for Masterworks Public Works $143,068 project management software. Funding to replace city-wide vehicles, unable to be purchased due to supply Public Works $617,074 chain issues. Funding to secure a professional entity to gather information for banking Treasurer $14,900 products/services for payroll bank accounts. Funding for developing and running advertising for the opening of the South Virginia Aquarium $68,000 Building. General Fund _$3;957,485 i Funding for Resort Area projects, including holiday lights fixtures,VB Sports CVB $1,045,520 Center wayfinding and signage,construction to implement 14th St Park,and Public Works $438,534 Funding for Public Works vehicle replacement. Funding to cover the lease for a shared storage lot at Camp Pendleton to be Public Works $16,980 split between Public Works and Parks and Recreation. i ,Tourism Investment Program • ',$1;501,034: Public Works $45,000 Funding for a new vehicle for a newly established position. Sandb'ridge:Special Service District_ $45,000 Housing& Neighborhood Preservation $35,456 Funding for vehicles for rental housing inspectors. Housing& Neighborhood Preservation $101,796 Funding for Emergency Housing Voucher Program security deposits. Federal Section 8 Program , $137,252 Public Utilities $135,000 Funding for a cutaway van in the Electrical Support Bureau. Department Amount t =� r Purpose Public Utilities $62,185 Funding for a street flushing vehicle in Sewer Collection. Water'and Sewer`Enterprise Funding for vehicles and equipment for the BMP P Maintenance Crew, unable to Public Works $684,898 be purchased due to supply chain issues. Storm,Water,Utili EnterpriseFund; 684 898 Funding for the implementation and support of Salesforce software and Public Works $233,408 equipment. Public Works $2,378,746 Funding for solid waste trucks, unable to be purchased. Public Works $86,057 Funding for hazardous material storage lockers for the landfill. .nagement`Enterprise Fund ;$2,698,211' Waste Ma Funding for an additional electronic security gate for exiting out of main garage Public Works $92,243 at Leroy Road. Funding for dredge tender repairs needed to rudder tubes,steering, and hull Public Works $103,839 repairs. Funding for the replacement of a service truck at Holland Road location, unable Public Works $36,815 to be purchased due to supply chain shortages. . Garage-.Internal Service Fund $232 897 s Funding for the replacement of underground fuel tank program to replace,30- Public Works $333,395 year-old fuel tanks at Euclid and Landstown fueling stations. Public Works $92,930 Fundingneeded to continue the upgrade process of VeederRoot. rvFuel'Internal,Service Fund $426,32"5 �- Funding to cover the software and initial implementation of a new and more Finance $74;360 robust Risk Management Software to replace the existing software. Risk'rManagement`Interna'I Sery ce unc $14'360 Y -Parks&Recreation $150,522 Funding to replace capital assets for School Landscaping crews. - Landscapinglnternal Service Fund :=$150,522 . 77. Public Works $40,000 Funding to support the Virginia Oyster_ Heritage Program. Oster Herita` e:Trust`Fund` =} 40;000 ' r+ $10,145,169'Total FY 2022-23 to FY,2023=24 Carry Forwards Page 2 93 ITEM— VILK.24 ORDINANCES/RESOLUTIONS ITEM#74654 Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council DEFERRED INDEFINITELY, BY CONSENT, 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(Deferred from August 8, 2023) Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 5, 2023 94 ITEM— VILL.1 PLANNING ITEMS ITEM#74655 Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council APPROVED, AS MODIFIED,AS MODIFIED,BY CONSENT,application of SHJ CONSTRUCTION GROUP,LLC /ATLANTIC SHORES BAPTIST CHURCH for a Modification of Conditions re religious use and Conditional Use Permit re car wash facility at 1861 Kempsville Road DISTRICT 7 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA SHJ CONSTRUCTION GROUP, LLC/ATLANTIC SHORES BAPTIST CHURCH for a Modification of Conditions re religious use and Conditional Use Permit re car wash facility at 1861 Kempsville Road(GPIN 1455825955) DISTRICT 7 The following conditions shall be required: Modification of Conditions 1. All previous conditions attached to the Conditional Use Permit approvals of January 11, 1988, September 28, 1999, and March 26, 2002, shall remain in effect, and Condition 2, as indicated below, shall be added. 2. The applicant/owner shall submit a Resubdivision Plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning & Community Development prior to recordation, to show the reduction of the acreage of the church's property and creation of the separate lot. The plat shall be in substantial conformance to the submitted exhibit entitled "TIDAL WAVE AUTO SPA — 1861 Kempsville Road — Virginia Beach, Virginia—EXISTING SITE PLAN, SHEET C-100",prepared by Paulson Mitchell Incorporated". Said plat shall be subject to the review and approval of the Department of Planning& Community Development, and plat shall be recorded with the City of Virginia Beach Circuit Court Clerk's Office within 365 days from the date of the City Council action. Conditional Use Permit 1. The applicant/owner shall submit a Resubdivision Plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning & Community Development prior to recordation, to show the reduction of the acreage of the church's property and creation of the separate lot. The plat shall be in substantial conformance to the submitted exhibit entitled "TIDAL WAVE AUTO SPA — 1861 Kempsville Road — Virginia Beach, Virginia—EXISTING SITE PLAN, SHEET C-100",prepared by Paulson Mitchell Incorporated. Said plat shall be subject to the review and approval of the Department of Planning& Community Development, and plat shall be recorded with the City of Virginia Beach Circuit Court Clerk's Office within 365 days from the date of the City Council action. September 5, 2023 95 ITEM- VILL.1 PLANNING ITEMS ITEM#74655 (Continued) 2. When the property is developed, it shall be in substantial conformance with the conceptual site plan entitled "TIDAL WAVE AUTO SPA — 1861 Kempsville Road— Virginia Beach, Virginia — SITE ON SURVEY, SHEET C-100", prepared by Paulson Mitchell Incorporated, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 3. A Landscape Plan shall be submitted to the Development Services Center of the Department of Planning & Community Development for review and ultimate approval prior to the issuance of a Certificate of Occupancy that is in substantial conformance to the conceptual landscape plan entitled "TIDAL WAVE AUTO SPA — 1861 Kempsville Road_— Virginia Beach, Virginia —LANDSCAPE PLAN, SHEET LA-100", prepared by Paulson Mitchell Incorporated, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 4. The exterior of the proposed building shall substantially adhere in appearance, size, materials to the elevations entitled "NEW TIDAL WAVE AUTO SPA-Kempsville Road— Virginia Beach, VA 23464, SHEET PR.1 and PR.2", prepared by M. Todd Albritton Architect, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 5. The car wash vacuum enclosure,pay canopy,prep canopy, vacuum canopy, and dumpster enclosure shall substantially adhere in appearance, colors, and materials to the exhibit entitled "NEW TIDAL WAVE AUTO SPA—Kempsville Road— Virginia Beach, VA 23464, SHEET PR.4",prepared by M. Todd Albritton Architect, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 6. The freestanding sign shall substantially adhere in appearance, size, and materials to the submitted freestanding sign exhibit entitled "Monument Sign — 8' Tidal Wave -Double Faced Illuminated Monument Sign",prepared by Clayton Signs, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 7. Signage for the site shall be limited to: a. Directional signs b. Pricing board signs c. One(1)monument-style freestanding sign, no more than eight(8)feet in height, set on a base to match the materials of the building and two(2)building and/or canopy signs. September 5, 2023 96 ITEM- VILL.1 PLANNING ITEMS ITEM#74655 (Continued) d. Any onsite signage shall meet the requirements of the City Zoning Ordinance (CZO), unless otherwise approved by the Board of Zoning Appeals,and there shall be no neon, other than individual channel letters lighted with internal neon and as approved by the Zoning Administrator, or electronic display signs or accents, installed on any wall area of the exterior of the building, in or on the windows, or on the doors. There shall be no window signage permitted. The building signage shall not be a "box sign"and a separate permit from the Department of Planning & Community Development is required for all signage installed on the site. 8. When developed, a photometric plan for the exterior portions of the property shall be provided as part of the final site plan submittal.All exterior lighting shall be no taller than fourteen (14)feet in height and all lighting shielded and directed down and inward to the property and away from adjacent properties. 9. No water produced by activities at the facility lot shall be permitted to fall upon or drain across public streets or sidewalks or adjacent properties. 10. The hours of operation of the Car Wash Facility shall be limited to the hours of 8:00 a.m. to 9:00 8:00 p.m., daily. 11. The final stormwater management plan submitted to the Development Services Center (DSC)shall be in substantial conformance with the Preliminary Drainage Study and shall comply with the City's Stormwater Management Ordinance. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 5th day of September Two Thousand Twenty Three. Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 5, 2023 \ \\\ N.41:t •--i.-.1,,, . .5.13 ,,,, 6'. .., . 4 .... ...., , \ \\ ..,/f,-• , %:4.,411 ,v. el\i-r7''')' 41 I.' g'___ \, Q41 ' -�f . i' ..,,-6 N. a 1 ti lC7 4' sY �? Z 4's _.fix 0. co. �I,- p:, ' . - ij � �, mow_ p i... '� /',sJ'� B2 ryoQ9 4\' (:/9 ...4i)f-' o .a �' . ' j ,e... ..,,,,.\. :.. . ..5_„:,,,,,,,. :., ` I ' f` \\CP' ',''siY..' " t ,.‘, -'. *tzz,' 5-1..4C1,(1 ,,,,/,r o �SD 1,a �J \ Q\V .Va. \ '' .f ' • ----• * . .'- -, -, \ •, N 4C~„„ v.. , -- , .. ..„, \,.\, ,:-_-0- .. \ * / ,., • B *�.� ,,, , J 1 R5D :�� A18 tij' B2 '©5, O,o 75t ":-' • Site �� SHJ Construction Group, LLC „-t Property Polygons 1861 Kernpsville Road ` \s F E__ Zoning Building Feet 0 85170 340 510 680 85C 1.020 97 ITEM- VILL.2 PLANNING ITEMS ITEM#74656 Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council APPROVED WITHDRAWAL,BY CONSENT,application of FRANKLIN JOHNSTON GROUP MANAGEMENT& DEVELOPMENT,LLC/ADDIE S. VANDERMEL REVOCABLE TRUST& ET AL, WILLLAME. & PHYLLIS H. SAWYER, KEELINGWOOD APARTMENTS, LLC for a Conditional Change of Zoning from AG-1 &AG-2 Agricultural Districts to Conditional A-18 Apartment District with Workforce Housing Overlay District and Modification of Proffers re expand and add 176 additional units for a portion of 2737 Princess Anne Road & eastern adjoining parcel, 2520 Allie Nicole Circle DISTRICT 2 (Approved July 8, 2014) Voting: 11-0 Council Members Voting Aye: Michael F.Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 5, 2023 98 ITEM— VILL.3 PLANNING ITEMS ITEM#74657 Upon motion by Vice Mayor Wilson, seconded by Council Member Holcomb, City Council DEFERRED TO SEPTEMBER 19, 2023, BY CONSENT, application of SPEEDGEARZ, LLC / COVINGTON FAMILY TRUST for a Conditional Use Permit re automobile repair garage at 212 Dorset Avenue DISTRICT 4 Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 5, 2023 99 ITEM- VILL.4 PLANNING ITEMS ITEM#74658 The following registered to speak. Martha Therault, 4311 Black Beard Road, Phone: 287-2808, spoke in OPPOSITION Upon motion by Council Member Remick, seconded by Council Member Berlucchi, City Council DEFERRED TO SEPTEMBER 19, 2023,application of LONDON BRIDGE DEVELOPMENT,LLC for a Conditional Use Permit re bulk storage yard at 130 London Bridge Road DISTRICT 6 Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemafy Wilson and Sabrina D. Wooten Council Members Absent: None September 5, 2023 100 ITEM— VILM APPOINTMENTS ITEM#74659 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: ACTIVE TRANSPORTATION ADVISORY COMMITTEE AGRICULTURE ADVISORY COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION DEVELOPMENT AUTHORITY HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARYBOARD URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINL4 BEACH COMMUNITY DEVELOPMENT CORPORATION. VIRGINL4 BEACH VA250 COMMITTEE WETLANDS BOARD September 5, 2023 101 ITEM— VII.M APPOINTMENTS ITEM#74660 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: BRAD BEL TON JAMES R. BOYLES STEVEN R. COVER DENNIS E. FREE MAX A. GONANO TERRY L. GREEN MICHAEL F.IMPREVENTO ALFRED M. JACOCKS BRIAN R.L UCIANO LISA A.-TURNER JAMES L. WOOD No Term COLLECTIVE BARGAINING TASK FORCE Voting: 11-0 Council Members Voting Aye: Michael F.Berlucchi, Mayor Robert M.Dyer,Barbara M. Henley,N.D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 5, 2023 102 ITEM— VILM APPOINTMENTS ITEM#74661 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: BRANDON M.HACKNEY Representing Planning Department Unexpired thru 9/30/2025 HOUSING ADVISORY BOARD Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley,N.D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F "Joash" Schulman, Chris Taylor, Vice Mayor r Rosemafy Wilson and Sabrina D. Wooten Council Members Absent: None September 5, 2023 103 ITEM— VII.M APPOINTMENTS ITEM#74662 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: BRANDON M. HACKNEY Representing Planning Department Unexpired thru 12/31/2023 Plus two year term 1/1/2024- 12/31/2025 VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE Voting: 11-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M.Dyer,Barbara M. Henley,N. D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 5, 2023 104 ITEM— VILM APPOINTMENTS ITEM#74663 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: BENJAMIN MCFARLANE Representing Full Member Five year term 10/1/2023—9/30/2028 And REAPPOINTED: CINDY HAWKS WHITE Representing Full Member Five year term 10/1/2023—9/30/2028 WETLANDS BOARD Voting: 11-0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer, Barbara M.Henley,N.D. "Rocky" Holcomb, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None September 5, 2023 105 ADJOURNMENT ITEM#74664 Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 6:50 P.M. Chief Deputy City Clerk Amanda Barnes, M Robert M. Dyer City Clerk Mayor City of Virginia Beach Virginia September 5, 2023 106 OPEN DIALOGUE The following registered to speak: Vic Nicholls, 1124 Mill Lake Quarter, Phone: 410-0008, spoke concerning the high cost for a concealed weapons permit Hannah Merk, 486 Piney Beach Court,Phone: 799-5166, spoke regarding her homeless circumstances and expressed concerns about the Housing Choice Voucher Program. Ethelene Harris, 5646 Dodington Court, Phone: 577-2617, spoke concerning the difficulty she has navigating the parking lot of the shopping center near her home due to her being legally blind and the illegal semi-trucks parking in the parking lot. ADJOURNED AT 7:02 P.M. September 5, 2023