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Home My WebLink AboutOCTOBER 17, 2023 INFORMAL AND FORMAL SESSION MINUTES lNv+'BP, a - o p_/-NpUp I�AZp�S VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia OCTOBER 17,2023 Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in the City Council Conference Room, Tuesday, October 17, 2023, at 2:00 P.M. Council Members Present: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth"Remick Dr.Amelia N. Ross-Hammond,Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse—Professional Obligation 2 CITY COUNCILS BRIEFINGS OCEANA VOLUNTEER FIRE DEPARTMENT SUPPORT TRUCK ITEM#74828 2:02 P.M. Mayor Dyer welcomed Wayne Richardson, Chief—Oceana Volunteer Fire Department. Chief Richardson expressed his appreciation to City Council for their continued support: Oceana7$luntreryire4)epartrnent A SHORT HISTORY OF OUR STATION and the SALVAGE-SUPPORT PROGRAM 8 � . T Virginia 4ka,h,'lginia The next several slides provide a history of Oceana Volunteer Fire Department support trucks used from 1952 to today: Oceana Vol. Fire Department, Inc. "Old" Fire Station 8 204 First Colonial Rd. (1952 — 1973 Cost $1,100) 041 OCEANA FfRE DEPARTMENT yy 1111, October 17, 2023 3 CITY COUNCILS BRIEFINGS OCEANA VOLUNTEER FIRE DEPARTMENT SUPPORT TRUCK ITEM#74828 (Continued) Oceana VFD/VBFD—"New" Fire Station 8 1201Bayne Dr. (1973—Present Cost$379,000) iiiw - - snow-,a- Oceana VFD — First "Salvage" Truck 1966 (No Air Management System) October 17, 2023 4 CITY COUNCILS BRIEFINGS OCEANA VOL UNTEER FIRE DEPARTMENT SUPPORT TR UCK ITEM#74828 (Continued) Oceana Vol. Fire Department, Inc. Salvage 8 "Crew Cab" 4 on the Floor x{: fa Oceana VFD — 2nd and 3rd "Salvage" Trucks 1985 - 1991 (1st Mobile Cascade System) 1991 - 2008 (1st Mobile Air Compressor) a � r � t October 17, 2023 s CITY COUNCILS BRIEFINGS OCEANA VOL UNTEER FIRE DEPARTMENT SUPPOR T TR UCK ITEM#74828 (Continued) Oceana Vol. Fire Department, Inc. OUT with the OLD (Salvage 8 - 1985 Cost $85,000) IN with the NEW (Support 8 - 2008 Cost $210,000) A%v Oceana VFD — 1st "Support" Truck — 2008 Name change to better reflect the updated roles of Volunteer Personnel (Support Technicians), supporting VBFD, VBEMS,VBPD, and VBSP operations October 17, 2023 6 CITY COUNCILS BRIEFINGS OCEANA VOLUNTEER FIRE DEPARTMENT SUPPORT TRUCK ITEM#74828 (Continued) Support 8 — In Action a —, Mayor Dyer expressed his appreciation to Chief Richardson for the presentation. October 17, 2023 7 CITY COUNCILS BRIEFINGS 2023 RESORT EVENTS ECONOMIC IMPACT STUDIES ITEM#7482 9 2:30 P.M. Mayor Dyer welcomed Nancy Helman,Director—Convention and Visitors Bureau and Dr. Vince Magnini, Executive Director—Institute for Service Research. Ms.Helman expressed her appreciation to City Council for their continued support: Convention & Visi 2023 Resort • • • . Studies OctoberThis item relates to F.A.P Initiative#1.5 Nancy Helman,Director,Convention and Visitors Bureau Dr.Vincent Magnini,Director,Institute for Service Research This graphic provides the number of Special Event Permits between 2019—2023: Overview of Resort Management Events Resort Management Office Special Event Permits 406 388 x, 355 w 260 83 2019 2020 2021 2022 •2023 ■Resort Area ■CityWide �irqinia beach October 17, 2023 8 CITY COUNCILS BRIEFINGS 2023 RESORT EVENTS ECONOMIC IMPACT STUDIES ITEM#74829 (Continued) This map indicates the locations of events held at the Oceanfront for calendar year 2023: Event Neap 2023 Calendar Year y ,, ..• r "'!t - ..,dam '�'...... ,_..� t. .. U z y 31 St.&North 24th Street 45 events 17th Street 35 events 13 events 7th Street Oceanfront events 10t more blocks(Festival, Street 16 events 22 events Race/Walks,Parades:35 events 22 events took place west of Atlantic Ave In Resort Here are the events analyzed to provide their economic impact in today's presentation: Economic Impact on Events Why did we select these events? wlx�'Z' vi—NI u A - • b asrbt�uual� � s ow . AT—%VIRGINIA BEACH • NEPTUNE FESTIVAL October 17, 2023 9 CITY COUNCIL'S BRIEFINGS 2023 RESORT EVENTS ECONOMIC IMPACT STUDIES ITEM#7482 9 (Continued) Ms. Helman introduced Dr. Magnini and turned the presentation over to him to provide the results of the Economic Impact Studies: Dr. Vincent Magnini Dr.Vincent Magnini is the Executive Director of the Institute for Service Research.He was ranked as one of the top 12 most prolific hospitality researchers worldwide in the most recently published globaIran king study.Further,he is a U.S.Fulbright Scholar.He has published seven books and more than 250 articles and reports.Vince has also been featured on National Public Radio's(NPR)All Things Considered,With Good Reason,Pulse on the Planet and cited in the New York Times and Washington Post.The Institute for Service Research(ISR)is am arket research and economic modeling firm headquartered in Virginia Beach.The firm is incorporated in Virginia and tradem arked with the U.S.patent office. Examples of work: • Virginia State Parks Economic Impact Report(conducted annually) • The Economic Impacts of the Audecy Oceanfront Concert Series held in conjunction with the 60th Annual East Coast Surfing Championships • The Economic Impacts of Virginia's Civil Flights in Education Heritage Trail(with Chuck Wyatt) • Demand Estimation and Site Selection Criteria for Additional Conference Space in Pikeville,Kentucky(with Ears Calvert and Dr. Muz Uysal) • The Economic Impacts of Michigan's Ports and Harbors(with Dr.John Crotts) • The Economic Impacts of the Southern Virginia Higher Education Center Tha scal an Economic Im acts of Vif inia's rftourism Intlust with Esra Calvert and Dr.Martha Walker INSTITUTE FOR SERVICE RESEARCH THE ECONOMIC AND FISCAL IMPACTS OF FIVE 2023 VIRGINIA BEACH EVENTS Vincent P. Magnini, Ph.D. October 17, 2023 10 CITY COUNCILS BRIEFINGS 2023 RESORTEVENTS ECONOMIC IMPACTSTUDIES ITEM#74829 Here is an Overview of Research II Overview of Modeling results presented as ranges October 17, Modeling Inputs Modeling Outputs Visitor$urveys I L Economiclmpact Event Data Sheet Value Added Effect � L VB Tax Revenue Generation � Ticlaeting Data I M P L/�N VB Hotel Room Nights STAR Reports - Return Intent VB Municipal Records Return on Investment for VB 2023 11 CITY COUNCILS BRIEFINGS 2023 RESORT EVENTS ECONOMIC IMPACT STUDIES ITEM#74829 (Continued) The Bulls& Barrels Beach Rodeo was held April 15— 16, 2023: Saturday.April 151313m Sunday.April i6 13Pm On the beach at 3rd Street Location 2nd Street and Atlantic Ave e Virginia Beach,VA �I/of ..:.,in �nn:* Price $15.00 to$45.00 A total of 3,800 tickets were sold: SUMMARY OF RODEO TiCKET VOLUMES Ticket category Saturday, .. April 15th April 16th Number of general admission 1,800 1,800 tickets: Number of VIP tickets: 100 100 Total: 1,900 1,900 Source of ticket volume data:Ticket sales data reported by event organizer. October 17, 2023 12 CITY COUNCIL'S BRIEFINGS 2023 RESORT EVENTS ECONOMIC IMPACT STUDIES ITEM#7482 9 (Continued) This chart categorizes and details the average spending by both residents and non-residents: Metric Virginia Beach Residents Non-Resident Patrons Average party 3.83 persons 3.36 persons size: Average length N/A 1.68 days of stay in Virginia Beach: - Lodging:51.17 Lodging: �a — — --— -- m nights in Restaurants/bars:$29.76 Restaurants/bars:$59.39 Average Groceries/convenience items:$1.48 Groceries/convenience items:$13.82 spending(per Entertainment:$23.43 Entertainment:$35.34 414-466 person): Gas:$2.39 Gas:$22.24 Transportation(other than gas):$2.64 Transportation(other than gas):$5.09 Total:$64.88 Total:$185.08 Non-ticket N/A Zero:No non-resident parties reported holders in un-ticketed members in their travel visiting party: Primacy of visit: N/A 88.82% Local economic 34.92% N/A leakage curtailed: Here are the Economic Impacts: THE ECONOMIC IMPACTS OF • •• • EconomicEffect Type Economic Impact .. Direct $351K 4$396K $373K Indirect $152K 4$171K $162K Induced $137K 4$155K $146K Total Output $640K 4$722K $681K a. As previously explained in this report,modeling results are presented as ranges to account for margin of error. b. The mean economic activity is the high and low ends of the range summed and divided by two. October 17, 2023 13 CITY COUNCILS BRIEFINGS 2023 RESORT EVENTS ECONOMIC IMPACT STUDIES ITEM#74829 (Continued) The estimated mean of Tax Revenue generated is$33,000: THE FISCAL IMPACTS OF • • .. • Effect . Value-Added Estimated Virginia Beach - Tax Revenues Direct ($203K $229K)M=$216K Range:$31K 4$35K Indirect (84K 4$95K)M=$90K Induced Mean=$33K ($82K 4$93K)M=$88K Total Value-Added ($370K 4$417K)M=$394K LIKELIHOOD THAT YOU • • THIS EVENT NEXT YEAR... Very likely 69.37% Likely 16.22% Neutral 7.21% unlikely 4.50% Very unlikely ■ 2.70% 0.00% 10.00% 20.00% 30.00% 40.00% 50 00% 60.00% 70.00% 80.00,,, October 17, 2023 14 CITY COUNCILS BRIEFINGS 2023 RESORT EVENTS ECONOMIC IMPACT STUDIES ITEM#74829 (Continued) The Bulls&Barrels Beach Rodeo had a negative Return on Investment (ROI): Rodeo RETURN ON INVESTMENT The City earned between$31K�$35K in tax revenues,along with approximately$90K in ticket revenues. The City's expenditures,on the other hand,are tabulated at approximately $148K. Therefore,employing these figures,it can be estimated that every$1 spent on this event by the City yielded a return between$0.79�$0.89 The Something in the Water Festival was scheduled to be held April 28—30, 2023 but due to poor weather conditions, April 31Yh was cancelled: • 2023 010 *A WATER October 17, 2023 15 CITY COUNCILS BRIEFINGS 2023 RESORT EVENTS ECONOMIC IMPACT STUDIES ITEM#74829 (Continued) A total of 66,000 tickets were sold: SUMMARY OF • TICKET CATEGORY FRIDAY, SATURDAY, .. Number of general 28,199 28,199 admission tickets: Number of VIP tickets: 4,801 4,801 Weather cancellation Total: 33,000 33,000 Source of ticket volume data:Ticket volume data reported by event organizer. This chart categorizes and details the average spending by both residents and non-residents: Average party 2.23 persons 2.19 persons size: Average length N/A 3.06 days of stay in Virginia Beach:_ Lodging:$98.62 lodging:$270.14 Restaurants/bars:$97.52 Restaurants/bars:5108.46 Estim• • hotel Average Groceries/convenience items:$26.48 Groceries/convenience items:$24.77 room spending(per Entertainment:$280.94 Entertainment:$277.83 person): Gas:$12.89 i Gas:$27.76 g , Transportation(other than gas):523.55 Transportation(other than gas):$33.49 other ve and other,S Total:$626.08 Total:$823.08 Non-ticket N/A 1 member of travel party did not holden in purchase a SITW ticket:2.68% visiting party: 2 members of travel party did not purchase SITW tickets:1.73% 3 members of travel party did not Primacy of visit: N/A 93.63% Local economic 34.15% N/A leakage curtailed: October 17, 2023 16 CITY COUNCILS BRIEFINGS 2023 RESORT EVENTS ECONOMIC IMPACT STUDIES ITEM#74829 (Continued) Here are the Economic Impacts: THE ECONOMIC IMPACTS OF • ECONOMICEFFECT TYPE . . Direct $15.2M+$17.OM $16.1M Indirect $5.91VI+$6.6M $6.3M Induced $S.OM 4$5.6M $5.3M Total Output $26AM+$29.2M $27.7M a. As previously explained in this report,modeling results are presented as ranges to account for margin of error,particularly with regard to the estimation of event displacement costs. b. The mean economic activity is the high and low ends of the range summed and divided by two. The estimated mean of Tax Revenue generated is$1.59-Million: THE FISCAL IMPACTS OF 11 • EF Fi CT TYPE VALUE-ADDED ESTIMATED VIRGINIA BEACH TAX REVENUES Direct ($T8M-b$9.9M)Mean=$9.4M Range:$1.49M 4$1.68M Indirect ($3.4M+$3.7M)Mean=$3.SM Induced Mean=$1.59M ($3.OM 4$3.4M)Mean=$3.2M Total Value-Added ($15.2M 4$17.0M)Mean=$16.1M October 17, 2023 17 CITY COUNCILS BRIEFINGS 2023 RESORT EVENTS ECONOMIC IMPACT STUDIES ITEM#7482 9 (Continued) THE .•. THAT YOU WOULD PURCHASE TICKETS FCQ-- THIS Very likely 55.88% Likely 23.04% Neutral -13.98% Unlikely _ 4.77% Very Unlikely ■ 2.33% 0.00% 10.00% 20.00% 30.0057 40 00% 50.00% 60 00% The Something in the Water Festival had a positive ROI: SITW RETURN ON INVESTMENT The City earned between$1.49M�$1.68M in tax revenues,plus approximately$54K in municipal parking revenues. The City's expenditures,on the other hand,are tabulated at approximately$1.48MQTherefore,employing these figures,it can be estimated that every$1 spent on this event by the City yielded a return between$1.04 $1.18 for the municipality. October 17, 2023 18 CITY COUNCILS BRIEFINGS 2023 RESORT EVENTS ECONOMIC IMPACT STUDIES ITEM#74829 (Continued) The Jackalope Festival was held June 2-4, 2023: JUNE 2-4 2023 INNIA BEACH OCEANFRONT, publicFree to the Book your stay jackalopefest.com This chart categorizes and details the average spending by both residents and non-residents: METRIC VIRGINIA BEACH RESIDENTS Nor�Ri SIDE NT PATPs 0. Athlete/competitor No Yes No Yes in group: Average party size: 2.22 persons 2.56 persons 2.36 persons 2.15 persons Average length of N/A N/A 3.76 days 4.06 days stay in Virginia Beach: Lodging:$13.91 Lodging:$2.79 Lodging:$216.10 Lodging:$191.92 Restaurants/ Restaurants/ Restaurants/ Restaurants/ bars:$57.75 bars:$52.51 bars:$118.36 bars:$108.45 room nights in Groceries/ Groceries/ Groceries/ Groceries/ convenience convenience convenience convenience items:$8.34 items:$16.89 items:$26.54 items:$30.69 Average spending Entertainment: Entertainment: Entertainment: Entertainment: (per person): $13.35 $36.96 $42.58 $37.75 Gas:$4.84 Gas:$11.49 Gas:$35.06 Gas:$33.99 Transportation Transportation Transportation Transportation (other than gas): (other than gas): (other than gas): (other than gas): $7.37 $8.53 $22.75 $29.54 Souvenirs and Souvenirs and Souvenirs and Souvenirs and Total: 145.82 Total: 163.70 Total: 532.10 Total: 90.20 October 17, 2023 19 CITY COUNCIL'S BRIEFINGS 2023 RESORT EVENTS ECONOMIC IMPACT STUDIES ITEM#74829 (Continued) This event was free to the public and had an estimated attendance total of 32,650 people: ATTENDANCESUMMARY OF CATEGORY D. Clicker data from 10,000 25,000 15,000 three beach entry i points: Adjusted 6,530 16,325 9,795 attendance to account for re- entry: Adjusted total: 32,650 1 Primacy of visit: N/A N/A 95.62% 97.51% Local economic 28.76% 42.48% N/A N/A leakage curtailed: October 17, 2023 20 CITY COUNCILS BRIEFINGS 2023 RESORT EVENTS ECONOMIC IMPACT STUDIES ITEM#74829 (Continued) Here are the Economic Impacts: THE ECONOMIC IMPACTS OF •• ECONOMICEFFECT TYPE . . Direct 7.6M 4 58.6M $8.1M Indirect $2.7M 4$3.OM $2.8M Induced $2.3M 4$2.6M $2.41VI Total Output $12.5M+$14.1M $13.3M a. As previously explained in this report,modeling results are presented as ranges to account for margin of error. b. The mean economic activity is the high and low ends of the range summed and divided by two. The estimated mean of Tax Revenue generated is$630,000: THE FISCAL IMPACTS OF rJACKALOPE FESTIVAL EFFECT TYPE VALUE-ADDED ESTIMATED VIRGINIA BEACH TAx REVENUES Direct ($4.4M 4$5.01VI)M=$4.7M Range:$592K-*$668K Indirect ($1.SM 4 $1.7M)M-$1.6M Induced ($1.4M 4$1.SM)M=$1.5M Mean=$630K Total Value-Added ($7.3M 4$8.3M)M-$7.8M October 17, 2023 21 CITY COUNCIL'S BRIEFINGS 2023 RESORT EVENTS ECONOMIC IMPACT STUDIES ITEM#74829 (Continued) 70 ••• • • • • "Imm AGAIN NEXT YEAR... Very likely 70.55% Likely _14.73% Neutral -12.09% unlikely , 1.54% Very Unlikely ' 1.10% 0.00% 10.00% 20.00% 30.00% 40.00% 50.00% 60.00% 70.00% 80.00% The Jackalope Festival had a negative ROI,• however, it is important to note this was a free event: IJACKALO. (FreeRETURN ON INVESTMENT to the Public) The City earned between$592K�$668K in tax revenues,plus an estimated$29K in municipal parking revenues. The City's expenditures,on the other hand,are tabulated at approximately $1.32M.3 Therefore,employing these figures,it can be estimated that every$1 spent on this event by the City yielded a return between$0.47�$0.5 for the municipality. October 17, 2023 22 CITY COUNCILS BRIEFINGS 2023 RESORT EVENTS ECONOMIC IMPACT STUDIES ITEM#74829 (Continued) The North American Sand Soccer Championship was held June 9—11, 2023: North American Sand Soccer Championships June 9-11, 2023 Source of screenshot:https://www.facebook.com/NASSC.HRSC/ This event had an estimated attendance total of 100,000 people: SUMMARY OF DAVOLUMES CATEGORY FRIDAY, SATURDAY, SUNDAY, Total 30,000 35,000 35,000 estimated attendance: -Athlete/coach/team registration: 10,000 -Spectators:2.5 per athlete Attendance -Volunteers:500+ break-down: -Organizing committee:50(3 days) -Referees: 150(2 days) -Referees:15(3 days) October 17, 2023 23 CITY COUNCILS BRIEFINGS 2023 RESORT EVENTS ECONOMIC IMPACT STUDIES ITEM#7482 9 (Continued) This chart categorizes and details the average spending by both residents and non-residents: NON-RESIDENTMETRIC' VIRGINIA BEACH RESIDENTS Average party 4.84 persons 5.01 persons site: Average length of N/A 2.67 days stay in Virginia Beach: Estimated hotel room nights in Lodging:$57.67 Lodging:$150.18 Gas:$7.88 Gas:$15.71 Average spending Restaurants:$26.69 Restaurants:$58.8.4 (per person) Shopping:$5.66 Shopping:$14.45 f within Virginia Tournament vendors/sponsors:$28.76 Tournament vendors/sponsors:$30.84 Beach: Other expenditures:$5.45 Other expenditures:$9.03 Total:$132.11 Total:$279.05 Primacy of visit: N/A 100% Local economic 67.98% N/A leakage curtailed: Here are the Economic Impacts: THE ECONOMIC IMPACTS OF • CHAMPIONSHIPS ECONOMICEfruci TYPE . . Direct $7.2M 4$8.1M $7.7M Indirect $2.8M+$3.1M $2.9M Induced $2.4M 4$2.7M $2.5M Total Output: $12.3M 4$13.9M $13.1M a. As previously explained in this report,modeling results are presented as ranges to account for margin of error. b. The mean economic activity is the high and low ends of the range summed and divided by two. October 17, 2023 24 CITY COUNCILS BRIEFINGS 2023 RESORT EVENTS ECONOMIC IMPACT STUDIES ITEM#74829 (Continued) The estimated mean of Tax Revenue generated is$689,000: THE FISCAL IMPACTS OF 123 NORTH AMERICAN SAND SOCCER CHAMPIONSHIPS Eruci TYPE VALUE-ADDED ESTIMATED VIRGINIA BEACH TAx REVENUES Direct ($4.3M $4.9M)M=$4.6M Range:$648K 4$730K Indirect ($1.6M 4$1.8M)M=$1.7M Induced ($1.4M $1.6M)M=$1.5M Mean=$689K Total Value-Added I ($7.4M .4M)M=$7.9M Excellent 30.81% Above Average 44.32% Average 20.54% Below Average -3.51% Very Poor '0.81% 0.00% 5 00% 10.00% 15.00% 20.00% 25.00% 30.00% 35.00% 40.00'0 45 00% 50.00% October 17, 2023 25 CITY COUNCILS BRIEFINGS 2023 RESORT EVENTS ECONOMIC IMPACT STUDIES ITEM#74829 (Continued) The North American Sand Soccer Championship had a positive ROI: NASSC RETURN ON INVESTMENT The City earned between$648K�$730K in tax revenues,plus an estimated$25K in municipal parking revenues. The City's expenditures,on the other hand,are tabulated at approximately $44K. Therefore,employing these figures,it can be estimated that every$1 spent on this event by the City yielded a return between$15.25�$17.1 for the municipality. The Beach It Country Music Festival was held June 23—25, 2023: Wr. COUNTRY MUSIC FESTIVAL BE c A 1� Screenshot from:hftps://beachitfestival.com/ October 17, 2023 26 CITY COUNCILS BRIEFINGS 2023 RESORT EVENTS ECONOMIC IMPACT STUDIES ITEM#74829 (Continued) A total of 28,684 tickets were sold: SUMMARY OF COUNTRY FESTIVAL • Sunday,Ticket Friday, Saturday, category June 23rd June 24th June 2Sth Scanned ticket 9,317 11,007 8,360 attendees: Source of ticket volume data:Ticket sales data reported by event organizers. This chart categorizes and details the average spending by both residents and non-residents: Metric Virginia Beach Residents Non-Resident Patrons Days of Friday:85.68% Friday:87.98% attendance: Saturday:91.58% Saturday:92.50% Sunday:84.84% Sunday:86.77% Merchandise:$85.41 Merchandise(within venue):$68.74 Food and beverage:$146.50 Food and beverage(within venue):$167.54 ]_ Average Lodging:$13.91 Lodging:$207.63 spending(per tion:$12.21 Ground transportation:$39.00 Estimated hotel person within Total:$258.03 Shopping:$68.72 room nights in Virginia Beach): Restaurants/bars:$176.69 Entertainment/other(not including 3.88 - - ___ Total: 732.20 Non-ticket N/A 1 member of travel party:2.82% holders in 2 members of travel party:2.23% visiting party: 3 members of travel party:1.53% Primacy of visit: N/A 92.0% Local economic 40.86% N/A leakage curtailed: October 17, 2023 27 CITY COUNCILS BRIEFINGS 2023 RESORT EVENTS ECONOMIC IMPACT STUDIES ITEM#74829 (Continued) Here are the Economic Impacts: THE ECONOMIC IMPACTS OF COUNTRY Effect Type Economic Impact Economic Impact Direct $7.OM 4 7.9M $7.5M Indirect $2.3M 4$2.6M $2.5M Induced $2.OM 4$2.2M $2.1M Total Output $11.3M 4$12.8M $12.1M j a. As previously explained in this report,modeling results are presented as ranges to account for margin of error. b. The mean economic activity is the high and low ends of the range summed and divided by two. The estimated mean of Tax Revenue generated is$924,000: THE FISCAL IMPACTS OF COUNTRY Effect Type Value-Added Estimated Virginia Beach Tax Revenues Direct ($3.8M 4$4.3M)M=$4.1M Indirect ($1.3M+$1.51VI)M=$1.4M Range:$869K-*$979K Induced ($1.21VI 4$1.31VI)M=$1.2M Mean=$924K Total Value-Added ($6.3M 4$7.1M)M=$6.7M October 17, 2023 28 CITY COUNCIPS BRIEFINGS 2023 RESORT EVENTS ECONOMIC IMPACT STUDIES ITEM#74829 (Continued) WOULD YOU ATTEND THIS FESTIVAL AGAIN IN THE FUTURE? Yes 94.98 No . 5.02% 0.00% 10.00% 20.00% 30.00% 40.00% 50.00% 60.00% 70.00% 80.00% 90.00% 100.00 The Beach It Country Music Festival had a positive ROT- . EACH IT! RETURN ON INVESTMENT The City earned between$869K�$979K in tax revenues,along with approximately$46K in municipal parking revenues. The City's expenditures,on the other hand,are tabulated at approximately$473K.1 Therefore,employing these figures,it can be estimated that every$1.- spent on this event by the City yielded a return between$1.93�$2.17 October 17, 2023 29 CITY COUNCILS BRIEFINGS 2023 RESORT EVENTS ECONOMIC IMPACT STUDIES ITEM#74829 (Continued) Here is a summary of all events studied: Bulls& April 15-16 $640K-$722K $31K-$35K $148K 414-466 Barrels (+$90K) SITW April 28-30 $26.1M-$29.2M $1.49M-$1.68M $1.78M 12,630—16,719 (+$54K) (-$305K) Jackalope June 2-4 $12.5M-$14.1M $592K-$668K $1.32M 7,672—9,864 (Free Event) (+29K) NASSC June 9-11 $12.3M-$13.9M $648K-$730K $44K 8,565—11,124 (+$25K) Beach It! June 23-25 $11.3M-$12.81A $869K-$979K $473K 4,315—5,837 (+$46K) • ® • Summary October 17, 2023 30 CITY COUNCILS BRIEFINGS 2023 RESORT EVENTS ECONOMIC IMPACT STUDIES ITEM#74829 (Continued) Dr. Magnini turned the presentation over to Ms. Hellman to provide a summary of 2023 Resort Events Community Impact: 2023 Resort Events Community Impact Give Back Elements Bulls and Barrels April 15—16 2 Placements Provided 1SK+square feet of free vending/display space for the various Beach Rodeo 4,228,376 Impressions Virginia Beach 4H clubs(9 clubs participated) $39,112 Advertising Value Donated$2,000 to the"4-H Clubs of Virginia Beach,Inc" SITW April 28-30 45 Placements Incorporated over 70 local musicians throughout the weekend,40 local 1,267,238,415 Impressions restaurants,&40 small businesses&non-profds. $11,721,968 Advertising Worked with the NBA to rehab 3 basketball courts at Lake Elizabeth Park-in Value progress. • Gave hundreds of small business owners a chance to pitch for$150,000 in funding. • Directed$300,DOOto 100 STEM focused students in partnership with the United Way.We gifted premium headshots&tickets to 10 students. • Featured&compensated local artists&small businesses in sponsor's national ad campaigns. • Worked with Dominion Energy to rehab the homes of 2 families while they attended the festival. • We've donated thousands of meals to those in need in partnership with local restaurants. • We partnered with 6 craft brewers to create custom SITW beers to stimulate business at their breweries. Partnered with Virginia Beach Chapter of the NAACP,Urban League of Hampton Roads,and United Way of Hampton Roads. • Partnership with VB Restaurant Association and MOCA. 2023 Resort Events Community Impact 11,1,17711 Give Back Elements Jackalope June 2—4 37 Placements Donation of construction material to local builders and business to (Free Event) 573,109,265 Impressions build skateboard ramps $5,298,250 Advertising Value Provided VIP tickets to family that just lost father •Sponsored local athletes to travel to Jackalope Montreal 2022 and 2023 •Skate-Art Project with Virginia Beach Schools •Created 3 videos paying homage to the action sports culture in Virginia Beach,celebrating past,present and future(future(J82 Collin Graham and Sergev) Sand Soccer June 9—11 None reported Tournament funds raised benefit the Hampton Road Soccer Complex. • $10K Scholarship given to 4 Va Beach Students • Hosts US Beach Soccer National Team ID Camp • Donates Sports Gear to Boys&Girls Club,Special Olympics Beach IT! June 23-25 8 Placements 218,726,115 Impressions $2,023,248 Advertising Value Total Impact 92 Placements 2,062,302,171 Impressions $19,082,579 Advertising Value October 17, 2023 31 CITY COUNCILS BRIEFINGS 2023 RESORT EVENTS ECONOMIC IMPACT STUDIES ITEM#7482 9 (Continued) 2023 Observations • Im pacts • Proper balance/distribution of marquee events (locations,dates,type,size,scale and scope) • Operational Impacts • Public Safety • Public Works—Beach Ops and Traffic Ops • Stakeholder Impacts • Limited access within event footprints • Distribution of events • Food vendors • Citizen &Guests impacts • Beach&Boardwalk closures • Hotel,restaurants,retail access limited • Transient VisitorADR Here is an overview of the proposed Festival/Events Task Force/Commission: For Consideration • Create a Festival/Events Task Force/Com m ission • Advise staff and City Council on following: Review and provide feed back to modernize Resort Events Policy(updated last:2005) Review and provide feedback on City Code 4.1 Research and provide feedback on updating fee structure Provide feedback on the vetting process for large scale events Measurem ent of success(e.g.,Rol,m edia im pact,qualitative,etc.) Propose a corn m unity festival and events grant program,including award process,for consideration As needed,provide City Council with advice on items related to festival and events October 17, 2023 32 CITY COUNCIL'S BRIEFINGS 2023 RESORT EVENTS ECONOMIC IMPACT STUDIES ITEM#74829 (Continued) Thank you ! Questions Mayor Dyer expressed his appreciation to Ms. Helman and Dr. Magnini for the presentation. October 17, 2023 33 CITY COUNCILS BRIEFINGS RUDEE LOOP RFQ PROCESS REVIEW ITEM#74830 3:31 P.M. Mayor Dyer welcomed Michael Kirschman, Director—Parks and Recreation. Mr. Kirschman expressed her appreciation to City Council for their continued support: Rudee Loop RFQ Process Michael Kirschman,Director of Parks and Recreation I October 17,2023 CTV OF VIRGINIA BEACH Presentation Overview 1. RFQ Process and Timeline 2. Funding .€E , 3. Next Steps { r 4. Discussion/City Council Direction �,� • Proceed w/RFQ? / "� •,,?� .J Part 1 Concept Planning:$4M Part 2 Construction Documents:$6M+ • Construction:$40M+for Park/$20M+for Parking Garage October 17, 2023 34 CITY COUNCILS BRIEFINGS RUDEE LOOP RFQ PROCESS REVIEW ITEM#74830 (Continued) The next two (2)slides summarize the Request For Quote(RFQ)Development Process: RFQ Process • Work with Finance/Purchasing to develop a Request for Qualifications(RFQ)to solicit z and hire a consultant team with qualified national experience developing iconic park spaces 6 ' • Follow City SWAM Program Project Goals • Look at the Rudee Loop Project comprehensively • Park space and parking garage component • (with or without commercial and/or residential) RFQ Process (cont'd) • RFQwouldcontain: • Intent and purpose of Rudee Loop park development Description and maps of property to be developed • RFQ would require respondents to: ' - • Provide professional and experience qualifications of RUDEE LOOPLOCATION assigned staff and consultant teams • Provide five examples of similar project experience (project description,plans,renderings,completed project photos,etc.) • Provide two process examples where they have delivered meaningful public engagement • Describe their proposed approach and design/development process for the Rudee Loop project October 17, 2023 35 CITY COUNCILS BRIEFINGS RUDEE LOOP RFQ PROCESS REVIEW ITEM#74830 (Continued) This slide provides an overview of the RFQ Selection Process: RFQ Selection Process • Assemble RFQ Review Team(City staff) • Parks and Recreation • Economic Development • Planning • Convention&Visitors Bureau • Public Works • City Managers Office AIL - • Receive RFQ's and evaluate • *Recommend top 2 or 3 teams(and inform City Council) • With Council direction,RFQ Team conducts interviews • Recommend finalist to City Council for award City Council check in point Planning/Design Process • Once hired,the consultant team would provide services for: • (Part 1)concept/preliminary plan(s),public engagement,progress updates,other studies,final concept plan,etc. • Public engagement to include: • Public Survey • Meetings with Stakeholder Groups(various City appointed Commissions and Committees) • Other meetings with the Public • *Meetings with City Council members Other studies may include: • Parking garage type and/or market study • Facility constructability assessment • *City Council to approve recommended final concept plan 'City Council check in point o,,,�.•wP•«E4 E October 17, 2023 36 CITY COUNCILS BRIEFINGS RUDEE LOOP RFQ PROCESS REVIEW ITEM#74830 (Continued) Planning/Design Process (cont'd) • (Part 2)construction design documents,construction bid/award,progress updates,construction administration,etc. • All of the above could be designed and bid as one project(park and parking garage). • ...or separated out as two projects if parking garage becomes more involved and well beyond the capability of the hired consultant team. Here is the proposed Timeline: Timeline ,A • RFQ and Award—10 to 12 months r • Develop RFQ-60days • Solicitation—60 days • Review,Shortlist and Interview—120 days min. Contract Award for Part 1(Concept Planning)-120 days • Part 1 Concept Plan Development—15 to 18 months • Concept/preliminary plans • Public engagement • Progress updates Other studies(if required) • Final concept plan • City Council approval of plan • Part 2 Construction Documents—12 to 15 months October 17, 2023 37 CITY COUNCILS BRIEFINGS RUDEE LOOP RFQ PROCESS REVIEW ITEM#74830 (Continued) The estimated funding necessary is approximately$70-Million: Funding . ._ i • Need a CIP project and funding to proceed with RFQ and(Part 1)concept tannin p g/public engagement t.. • Part 1 Concept Planning:$4M in FY'24 �! • Part 2 Construction Documents:$6M in �> _ FY'25 • Construction:$40-60M+in FY'26 • $40M+for park • $20M+for parking garage Here are the Next Steps: it Next Steps • Is City Council okay with process? • When do we start? • Develop RFQ for solicitation and award(10-12 'v months) • Create a CIP project and allocate funding for design: • Part 1 in FY'24:$4M,15-18 months • Part 2 in FY'25:$6M+,12-15 months - • Request funding for construction during FY'26 budget process: • Park construction:$40M+,18-24 months Garage construction:$20M+,18-24 months October 17, 2023 38 CITY COUNCILS BRIEFINGS RUDEE LOOP RFQ PROCESS REVIEW ITEM#74830 (Continued) Discussion/City Council Direction ' 7 - lw s I , Mayor Dyer expressed his appreciation to Mr. Kirschman for the presentation. October 17, 2023 39 CITY COUNCIL DISCUSSION/INITL4TIVES/COMMENTS ITEM#74831 3:53 P.M. Council Member Wooten expressed pride as she congratulated Director Kirschman and his staff for achieving the 2023 National Gold Medal Award for Excellence in Parks and Recreation Management, in the category for cities having a population of 400,000 or more. Council Member Wooten advised this is a wonderful example of tenacity and commitment to pursue this achievement for the City. October 17, 2023 40 CITY COUNCIL DISCUSSIONANITIATIVES/COMMENTS ITEM#74832 (Continued) Council Member Taylor advised he attended the Charotaria Leuva Patidar Seva Samaj(CLPSS) Volleyball Tournament held at the Sportsplex last weekend. Council Member Taylor advised there were 93 volleyball teams with an additional 1,000 people in attendance. October 17, 2023 41 CITY COUNCIL DISCUSSIONANITL4TIVESICOMMENTS ITEM#74833 (Continued) Council Member Taylor advised he is planning to hold his second Culture Meets Commerce community event on November 16`h and requested the Body's support for the necessary funding to pay the Zeider's Theater staff estimated to be$300.00. Council Member Ross-Hammond advised the City has an agreement with the Zeider's Theater which allows the City to hold twenty (20) City events annually at a cost of$50.00 per event. Council Member Ross- Hammond asked Council Member Taylor to provide more details for the cost of staff. Council Member Taylor advised the agreement also includes paying the Zeider's Theater stafffor opening and closing the theater during City events and his event requires two(2)staff members and is why there is the extra expenditure. Council Member Ross-Hammond asked if every Council Member can request City funds for events? City Manager Duhaney explained the City Council Policy that requires Council Members to request the Body's approval, by adopting an Ordinance,for any City event with a cost of$50.00 or more. Mayor Dyer advised it is important to hold public engagement events, especially with the new 10-1 election system, and added if a venue requiring payment falls through, there are other venues the City can use for free. Council Member Berlucchi advised he does not have any issue with Council Member Taylor's request but believes the Body and the public should understand the City's public engagement scheduling. Council Member Berlucchi explained when he hosted an event at the Filipino Cultural Center, the fees for the venue and staffing were waived and expressed concern if one venue waives the fees to be a community partner and another venue does not and the City pays the fees, then it can cause a disparity. Council Member Berlucchi suggested the Body either use establishments that will not charge a fee or use City venues at no cost. Council Member Henley advised she held an public engagement event at an establishment, not owned by the City,paying for it with her personal funds and will not be requesting reimbursement from the City. October 17, 2023 42 CITY COUNCIL DISCUSSIONIINITL4TIVES/COMMENTS ITEM#74834 (Continued) Council Member Taylor advised there are recent documents related to the Atlantic Parkproject that discuss additional phases. Council Member Taylor advised he has been informed by City Attorney Stiles that the documents are now public records and requested City Manager to provide an update for the public on every penny that has been appropriated and spent since the budget to ensure transparency as the Body considers other projects going forward. October 17, 2023 43 CITY COUNCIL DISCUSSIONIINITIATIVES/COMMENTS ITEM#74835 (Continued) Council Member Ross-Hammond provided the following updates: - The Housing Advisory Board met last Monday and established the maximum housing rental prices for workforce housing. - The Hampton Roads Transit will be offering free transportation on November 7`" to assist anyone who needs transportation to vote - The Hampton Roads Transportation Program Organization's Transportation Improvement Program received$2.8-Billion in federal funding that went into effect on October 1, 2023, and will fund 260 transportation projects in Hampton Roads. - The Minority Business Council plans to submit a proposed item to the Legislative Package - Council Member Ross-Hammond expressed her appreciation to Planning Director Warren and Budget Director Chatellier for their work on the Town Center SSD issue and meeting with the Central Business District Association and Westin Homeowners Association groups to move forward. October 17, 2023 44 CITY COUNCIL DISCUSSIONIINITIATIVES/COMMENTS ITEM#74836 (Continued) Council Member Schulman advised he and Council Member Ross-Hammond attended the "Forging Unity in Western Bayside"forum last weekend, hosted by Kelly Jackson of Virginia Wesleyan University. The eventfocused on identifying common themes,challenges,and goals,and cultivatinga shared understanding of needed changes for the Western Bayside community which encompass Districts 4 and 9. Council Member Schulman advised the next forum is scheduled for November 14`h. October 17, 2023 45 CITY COUNCIL DISCUSSIONIINITIATIVES/COMMENTS ITEM#7483 7 (Continued) Vice Mayor Wilson expressed her appreciation to City Staff who supported her Town Hall Meeting, adding it is important to remember staff works all day and then supports the Body's Town Hall events in the evening. Vice Mayor Wilson expressed appreciation to Chad Morris for providing an informative presentation on Parks and Recreation updates, Interim Director, Chuck Rigney who provided a brief and answered several questions related to the Amazon development in District 5, Pamela Shine for a phenomenal presentation on homelessness and Director Hansen for discussing the recycling program. Vice Mayor Wilson advised it is important to provide the recycling program information to the public as there will be changes coming to it soon. October 17, 2023 46 CITY COUNCIL DISCUSSIONIINITIATIVES/COMMENTS ITEM#74838 (Continued) Council Member Remick advised there are still a few events scheduled for the month of October at the Oceanfront, the Boardwalk Art Show will be this weekend followed by the Jeep Festival and then the Wicked Run at the end of the month. Council Member Remick further advised, he will be asking Council Members to join him in sponsoring an Ordinance to support a request from the North American Sand Soccer organizers coming up soon. October 17, 2023 47 CITY COUNCIL DISCUSSIONANITIATIVES/COMMENTS ITEM#7483 9 (Continued) Council Member Henley advised last Sunday, the Senior Resource Center celebrated its 16'h year and expressed her appreciation to all of the volunteers who have kept it operationalfrom the beginning. Council Member Henley advised they offer free services and believes it is one of the best services the City provides. October 17, 2023 48 AGENDA REVIEW SESSION ITEM#74840 4:13 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: L. ORDINANCESIRESOL UTIONS 1. Ordinance to AMEND City Code Section 35.3-10 re extend the sunset provision for the Chesopeian Colony Area Dredging Special Service District 2. Resolution to EXTEND the City/School Revenue Sharing Policy re change June 30,2024 to June 30,2025 3. Resolution to DIRECT the City Manager and City Attorney to CONDUCT a study and RECOMMEND any necessary changes to the City Zoning Ordinance (CZO) relative to project density and sound attenuation on properties located partially in the Interfacility Area or partially in noise zones of 65 dB DNL or greater (Requested by Council Members Henley, Rouse, Taylor and Wooten) 4. Resolution to AUTHORIZE City support for a City Council Member-sponsored event re Level Green Fall Festival(Requested by Mayor Dyer and Council Member Wooten) 5. Ordinance to ADOPT the FY 2024-25 Focused Action Plan (Requested by Vice Mayor Wilson and Council Members Berlucchi, Remick, Ross-Hammond, Rouse and Schulman) 6. Ordinance to DECLARE easements in EXCESS of the City's needs and AUTHORIZE the sale of easements to Dominion Energy Virginia re Electric Transmission Corridor for the Coastal Virginia Offshore Wind Project DISTRICTS 2, 5 and 6 7. Ordinance to DECLARE 1,804+1- square feet of City-owned property on Ferry Point Road in EXCESS of the City's needs and AUTHORIZE the City Manager to sell the property to the: adjoining property owners DISTRICT 7 8. Ordinance to AUTHORIZE temporary encroachments into 10'City Maintenance Easement and a 100'City Drainage Easement located on 924 Sandoval Drive re maintain a wood fence, concrete pad and driveway,frame shed,and pool area DISTRICT 5 9. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property known as Lake Joyce and the 25'strip of City-owned property around Lake Joyce located at the rear of 4224 Ben Gunn Road re maintain existing pier, existing bulkhead, existing alunlinuin fence, and construct and maintain a landward pier extension and bulkhead DISTRICT 9 10. Ordinance to APPROPRIATE$8.5-Million from General Fund Balance and TRANSFER as pay- go funding to Capital Project#100664 5131 Memorial October 17, 2023 49 AGENDA REVIEW SESSION ITEM#74840 (Continued) 11. Ordinance to ACCEPT and APPROPRIATE Grant Funds totaling $72,122 from the Edward Byrne Justice Assistance Grant (JAG) to the FY 2023-24 Juvenile Domestic Relations Court Operating Budgets of($10,000) re contracted manpower and Police Department Operating Budget ($62,122) re purchase law enforcement equipment for the SWAT, Mounted, K-9 and Youth Services Units 12. Ordinance to ACCEPT and APPROPRIATE $63,356 from the Office of Executive Secretary of the Supreme Court of Virginia to the FY 2023-24 Commonwealth Attorney Operating Budget and AUTHORIZE local match (25%)provided by Human Services Department existing resources) re adult drug treatment court 13. Ordinance to ACCEPT and APPROPRIATE $52,031 from the Library of Virginia, State Aid Grant to the FY 2023-24 Public Libraries Operating Budget repurchase books and other materials for the print and digital collections 14. Ordinance to ACCEPT and APPROPRIATE$50,000 from the Commonwealth of Virginia to the Human Services Operating Budget re treatment programs provided by the Substance Use Outpatient Services Program 15. Ordinance to ACCEPT and APPROPRIATE$20,780from the Virginia Department of Behavioral Health and Developmental Services to the FY 2023-24 Human Services Operating Budget re programs that address problem gambling 16. Ordinance to ACCEPT and APPROPRIATE $20,000 from the Summer Jobs Connect Program Grant to the FY 2023-24 Parks and Recreation Operating Budget re Summer Youth Employment Program 17. Ordinance to ACCEPT and APPROPRIATE$3,713 from the Virginia Department of Behavioral Health and Developmental Services to the FY 2023-24 Human Services Operating Budget AUTHORIZE$1,225 local match re Project for Assistance in Transitioning from Homelessness (PATH)program L. ORDINANCESIRESOL UTIONS. ITEM#1 WILL BE CONSIDERED SEPARATELY ITEM#2 WILL BE CONSIDERED SEPARATELY ITEM#3 WILL BE CONSIDERED SEPARATELY ITEM#4 WILL BE CONSIDERED FOR WITHDRA WAL ITEM#6 WILL BE CONSIDERED SEPARATELY October 17, 2023 50 AGENDA REVIEW SESSION ITEM#74840 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: M. PLANNING 1. W.W.REAL TYASSOCIATES,LLC& FRANK T. WILLIAMS for a Modification of Conditions to a Conditional Use Permit and Variance to Section 4.4(b) of the Subdivision Regulations re reconfigure two (2)lots at 5309 Morris Neck Road&adjoining western parcel DISTRICT 2 2. FRANKLIN JOHNSTON GROUP MANAGEMENT & DEVELOPMENT, LLC/ADDLE S. VANDEMEL 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, Modi ication of Proffers re expand and add 176 additional units and a Variance to Section 4.4(b)of the Subdivision Regulations re reconfigure two (2)lots for a portion of 2737 Princess Anne Road & eastern adjoining parcel, 2520 Allie Nicole Circle DISTRICT 2 3. COMMONWEALTH BREWING COMPANY, LLC / COMMONWEALTH BREWING COMPANY,LLC& CITY OF VIRGINIA BEACHfor a Street Closure of a portion of Lake Drive adjacent to 2444 Pleasure House Road DISTRICT 9 4. COMMONWEALTH BREWING COMPANY, LLC for a Modification of Conditions to a Conditional Use Permit re expand to accommodate additional outdoor seating and parking spaces at 2440 and 2444 Pleasure House Road DISTRICT 9 5. RED CHURCH, INC.for a Modification of Conditions to a Conditional Use Permit re religious use at 245 South Rosemont Road DISTRICT 3 6. CHRISTOPHER GREGORY/PRINCESS ANNE/WITCHDUCK ASSOCIATES 1, LC, C/O ROBINSON DEVELOPMENT GROUP for a Modification of Conditions to a Conditional Use Permit re install freestanding signs at 5152 and 5168 Princess Anne Road DISTRICT 3 7. WYCLIFFE PRESBYTERIAN CHURCHfor a Modification of Conditions to a Conditional Use Permit re religious use at 1445 North Great Neck Road, 2307 Millwood Road and parcel between 2307 and 2309 Millwood Road DISTRICT 8(Deferred from September 19, 2023) 8. EMILYMCGRAW1 VB REGATTA CENTER ASSOCL4 TES,LLCfora Conditional Use Permit re tattoo parlor at 3636 Virginia Beach Boulevard, Suite I10 DISTRICT 8 9. LAUNCH CREATIVE SPACE, LLC/MARINA SHORES REPAIR CORP.for a Conditional Use Permit re assembly use at 2865 Lynnhaven Drive, Suite Cl DISTRICT 8 October 17, 2023 51 AGENDA REVIEW SESSION ITEM#74840 (Continued) 10. MARINA SHORES REPAIR CORP.for a Conditional Use Permit re bulk storage yard at 2865 Lynnhaven Drive DISTRICT 8 11. BHATT BROTHERS, LLC I RED MILL WEST, LLC for a Conditional Use Permit re tattoo parlor at 1169 Nimmo Parkway, Suite 224 DISTRICT 5 i 12. Resolution to ADOPT and INCORPORATE into the Virginia Beach Comprehensive Plan, 2016 re Virginia Beach Historic Preservation Plan,2023,which will supersede the Historic Resources Management Plan, 1994 M. PLANNING ITEMS: ITEM#2 WILL BE CONSIDERED SEPARATELY ITEM#7 WILL BE CONSIDERED SEPARATELY October 17, 2023 52 ITEM#7484I 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: PUBLIC CONTRACT: Discussion of the award of a public contract involving expenditure of public funds, and discussion of terms or scope of such contract, where discussion in an open session would adversely affect the bargainingposition or negotiating strategy of the public bodypursuant to Section 2.2-3711(A)(29) • Lifeguard contract • 8`"Street 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 October 17, 2023 53 ITEM#74841 (Continued) Upon motion by Council Member Schulman, seconded by Council Member Ross-Hammond, City Council voted to proceed into CLOSED SESSION at 4:34 P.M. Voting: 9- 0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W "Worth"Remick; Dr.Amelia N. Ross-Hammond,Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse Break 4:34 P.M. — 4:48 P.M. Closed Session 4:48 P.M. — 5:52 P.M. October 17, 2023 54 FORMAL SESSION VIRGINL4 BEACH CITY COUNCIL OCTOBER 17,2023 6:00 P.M. Mayor Dyer called to order the FORMAL SESSION of the VIRGINL4 BEACH CITY COUNCIL in City Council Chamber, City Hall, on Tuesday, October 17, 2023, at 6:00 P.M. Council Members Present: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth"Remick, Dr.Amelia N. Ross-Hammond,Joashua F. `Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse—Professional Obligation INVOCATION: Mayor Dyer MOMENT OF SILENCE PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OFAMERICA 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`h Street Suite 102, Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size of Howard Hanna, and the volume of transactions it handles in any given year,Howard Hanna has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act (the `Act'), it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review of the agenda for any given meeting of the Council,she identifies a matter in which she has a "personal interest," as defined in the Act, she will file the appropriate disclosure letter to be recorded in the official records of the City Council. Vice Mayor Wilson regularly makes this disclosure. Her letter of February 20, 2018 is hereby made part of the record. October 17, 2023 r SS 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 andLocal 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. October 17, 2023 56 V.F CERTIFICATION ITEM#74842 Upon motion by Council Member Remick, seconded by Council Member Ross-Hammond, City Council CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE 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: 9- 0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth"Remick, Dr.Amelia N. Ross-Hammond, Joashua F. `Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse October 17, 2023 C,lNlp:OVA U 0 as S �Ot c o-H'tOP RESOL UTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,pursuant to the affirmative vote recorded in ITEM#74841 on Page 53 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. Am Barnes, C City Clerk October 17, 2023 57 ITEM— V.G.I MINUTES ITEM#74843 Upon motion by Council Member Berlucchi, seconded by Council Member Ross-Hammond, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of October 3, 2023 Voting: 9- 0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth"Remick, Dr.Amelia N. Ross-Hammond,Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse October 17, 2023 58 ITEM— V G.2 MINUTES ITEM#74844 Upon motion by Council Member Berlucchi, seconded by Council Member Ross-Hammond, City Council APPROVED the MINUTES of the FORMAL SESSION of October 10,2023 Voting: 9- 0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth"Remick Dr.Amelia N. Ross-Hammond,Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse October 17, 2023 59 ITEM— V.H.I MAYOR'S PRESENTATIONS ITEM#74845 PROCLAMATION HISPANIC AND LATINO HERITAGE MONTH Mayor Dyer welcomed the following representatives from the Hispanic Chamber; Johnny Garcia — President, Ana Williams - Executive Board Member, Patricia Bracknell - Executive Director, Julian Baena, — Executive Board Member, Jose Emenaker— Treasurer, Francesca Garcia —Executive Board Member and Jay Cruz, Executive Board Member and read the Proclamation declaring the September 15— October 15, 2023 as, "HISPANIC AND LATINO HERITAGE MONTH". Mayor Dyer encouraged all citizens to join the rest of the country in celebrating the 55th National Hispanic and Latino Heritage Month by commemorating essential contributions, sacrifices, and accomplishments that Hispanic and Latino people have made throughout the United States and throughout our nation's history. Mr. Garcia expressed his appreciation to City Council for their continued support and advised the City's Latino population is 10% and 12% in the state however, it is the largest growing population, and it is anticipated by 2050,Hispanics will be the largest minority and by 2060, one(1)of all three(3)women will be Latino in America. October 17, 2023 G1�xA-BE'4C ..moo f rs Cp OUR NA�R ProdamatiOn '61jer8as Starting in 1968, Americans observe Hispanic He►itage 'Week and it was expanded to National Hispanic Heritage 9Konth in 1988, celebrating the histories, cultures, and contributions ofAmerican citizens whose ancestors came from Spain,WeVco the Caribbean and CentrafandSouthAmerica;and 'Whereas The 2020 Census defines Ethnicity under two categories: 'Wispanic or Latino' or "Not Hispanic or Latino.' 'Hispanic or Latino'is defined by the Census as a person of Cu6an4 914e*an, Puerto Rjwn, South or Central American, or other Spanish culture or origin, regardless of race.;and 4tdemu The Hispanic Chamber of Commerce of Coastal Virginia began operations on 91iay 31st,2003, as the Peninsula Tidewater Hispanic Chamber of Commerce. On 91fay 20, 2005, the organization emerged as the Hampton Roads Hispanic Chzm6er of Commerce to 6etter serge the Hispanic business community in Hampton Ppads.;and ufwrax Hispanic and Latino men and women have played a pivotal role in bung and strengthening our communities,andenriching our cudturalifinersity,•and U*ff x qhis Hispanic Heritage 94onth, 'Virginia has even more of a reason to cede6rate; the 2020 Census indicates that Vrrginia has seen a 43.8% increase in the percentage of Hispanic and Latino people since 2010.and 'Gt*enw Differences between groups are vital ghey are what make its unique while also a&no ing us to 6e a part of something larger than ourselves;and 10ertax The City of Virginia Beach recognizes and cele6rates the essential contributions and accomplishments that Hispanic and Latino citizens hate made towards the growth and prosperity of our'Virginta Beach communities. Now T&mtfum I Wp6ert W. Dyer, Wayor of the City of Vtrgirxa Beach, Virginia, do hereby proclaim: ,September 15 — October 1'S, 2023 YlLpanic and Latino Yferitge W-Onth In$irgntia Bea4 andl encourage all citizens to join with the rest of the country in celebrating the SSrk National 9fispanic and Latino 9feritage Month by commemorating essential contributions, sacrifices, and accomplishments that 9tispanic and Latino people have made throughout the Vnitedstates and throughout our nations history. In Uitness $OL-reof, I have hereunto set my hand and caused the Offu-iat Seat of the City of Virginia Beach, Virginia, to be affixed this seventeenth day of October Two gTtousand Twenty- three. i� Wpber`M 'Bo66y'Dyer Wayw 60 ITEM— I.H.2 MAYOR'S PRESENTATIONS ITEM#74846 PROCLAMATION FILIPINO AMERICAN HISTORY MONTH Mayor Dyer welcomed Max Frias, Vice-president - Filipino American National Historical Society of Hampton Roads, and read the Proclamation declaring the month of October as, "FILIPINO AMERICAN HISTORYMONTH". Mayor Dyer expressed pride in celebrating Filipino American History Month and commemorating the contributions and accomplishments that Filipino Americans have made and continue to make to the community. Mr. Frias expressed his appreciation to City Council for this recognition and their continued support and advised the Filipino community strives to make this City the best city in the United States. October 17, 2023 BF'4C� �ti4 k 04 _H U rr` B Or OUR 14 0 ,Vrodamatton %*Zreas: 'Te cele6ration of I'ilipinoAmerican 7fistory Month in October commemorates the first recorded presence of Tilipinos in the continental VnitedStates,which occurred on October 18, 1 S87,and in 2009,V.S.Congress recognized October asTifpino American 7fistory Month in the VnitedStates,' and '4*ereas. 'Tie 9Tampton gads Chapter of the EilipinoAmerican National7futoricalSociety was chartered on June 3,1990,to promote education and appreciation of the history andculture of Tilipino Americans in the local community;and 'GtTiereas 'Tie men andwomen of the I'ifipinoAmencan community havegreatly impactedandenriched the City of Virginia Beach through civdservice,6usinesses,arts andscience,and the miCitary;and U&TWX A Virginia MistoriddTarr f r honoring TiCpino eZ TiCipino Americans serving in the VnitedStates I'ilipinoAmericans continue to serve the citizens of Virginia;and U*ereas: A Virginia Mutorica(Warl f r honoring Ti&pino&I'iCtpinoAmericans serving in the VnitedStates Navy is prominently displayedin front of the(Philippine Cultural Center,4857Baa;aWga,�,and U*erwx TiCpinoAmericans continue to serve the citizens of Virginia Beach,such as Chief(DeputyAlvie Culanding,the first I'iCpinoAmerican to be appointedas Chief Deputy of the Virginia Beach Sheriffs(Department and Carey 9Kanugo,the first TdTinoAmerican to 6e principalin a Virginia Beach(Public School-and 'Whtreax' 'Virginia Beach is proud to celebrate TiarrpinoAmerican71sstory 94onth andcommemorate the contributions andaccompGshments that Ti&pinoAmertcans have made andcontinue to make to our community. Now,?6erefine 1,&6ert 94. 'Bobby"(Dyer,Wayorof the City of Virginia Beach,'Virginia,do hereby proclaim: FILI(PINO,93fEgUC) NNI,STCkXT 94ONf INOV R,Cl2Y OF eOWGI" B EAGYL In T*irda Beach,I call this observance to the attention of all our citizens of our beloved City of Virginia Beach. In'Witness%447wf, I have hereunto set my hand and caused the Official Seal of the City of Virginia Beach, Virginia,to 6e affixed this Seventeenth(Day of October,Two'Tiousandand7wenty-'Thee. ffW44eA---I Robert x Bo66y"(Dyer 9lfayor 61 ITEM— V.H.3 MAYOR'S PRESENTATIONS ITEM#7484 7 PROCLAMATION BREAST CANCER AWARENESS MONTH On behalf of Mayor Dyer, Council Member Wooten welcomed representatives from the American Cancer Society; Sarah Kingsley, Donna Rennick, Dr. Bruce Waldholtz, Kim Pender-Breast Cancer survivor, as well as President Lisa Wise-Chapman and Vice President Kimberly Anderson - Sisters Network Incorporated of Southeastern Virginia and read the Proclamation declaring the month of October as, "BREAST CANCER AWARENESS MONTH". Council Member Wooten called upon the citizens and health providers in Virginia Beach to increase awareness and follow the steps in advance for prevention. Each representative took a moment to express their appreciation to City Council for their continued support. October 17, 2023 GI�IA-B�4C U OFtJR N16,0 0! 6� rodall� ttolt 'Wfrerra. Breast cancer is the most prevalent cancerdaagnosedamong women in the VnitedStates andstands as the second[eading cause of cancer-refateddeaths among women,fo&nving only lung cancer,as reportedby theAmerican Cancer Society. Gfobaly,it remains the most commonly dtagnosedcancer, and R*errar Breast CancerAwareness 3fonth,celebratedannually in October,is renownedfor its vibrant,pink themedcampaigns.It is an initiative that resonates differently with those affected 6y the disease, recognizing that everyone's e.Terience is unique.In the spirit of inclusivity,Breastcancer org aims to embrace the diversity of perspectives surrounding this month,-and Ufxrras. October 13 is officiaffy recognized throughout the VnitedStates as 9uetastatic Breast Cancer Awareness(Day.9detastatic breast cancer,which occurs when the disease spreads from the breast to other parts of the body,is a harsh reality forapproximate[y 3 0%of indtvtduals initially diagnosed with breast cancer,4Ttis day is dedicated to raising awareness of the urgent needfor more research to combat metastatic breast cancer,and %*emas: Wscent statistics indicate that among the ultrasoundscreenings performed,a su6stantial75`Ya ma*d women's first ultrasound screening,63%occurred within nine months following a mammogram,2%were conductedon women with a pnor9dRI screening exam,approximately 69% were carved out on women aged40 to 59,25.7%were administered to Bfack Asian,orgaspanic women,anda staggenng 95.3%were conductedon women with dense breasts,and `t Ierras: It is essential to recognize that while there is no known cure for metastatic breast cancer, there are treatment options availa6fe that can help control the disease for severafyears.If one treatment proves ineffective, there may be anothervia6le option.9Ketastatic breast cancercan exhibit periods ofactivityandremission,anda wide array of treatments,whether usedindependently,in combination,orsequentially,are frequently employed to address this chalfenging condition. Now,?herefm I,�kgbert W. 'Bo 6by'Dyer,Wayorof the City of Virginia Beach,'Virginia,do hereby proclaim: October 2023 as Breast CancerAwareness JKontFi In'Vi'sgittia Beach,I call upon the citizens and health providers in Virginia Beach to increase awareness andfollow the steps in advance for prevention In 'Gl mess U*emof, I have hereunto set my hand and caused the Official Sea[of the City of Virginia Beach, Virginia,to be aff red this Seventeenth Day of October,Two 7housandandTwenty-ghree. Wpbert 94. Bobby"Dyer 9Hayor 62 ITEM— V.H.4 MAYOR'S PRESENTATIONS ADD ON ITEM#74848 RESOL UTION IN RECOGNITION STATE OF ISRAEL Council Member Schulman, on behalf of Mayor Dyer, welcomed David Leon —President and Betty Ann Levin—CEO of the United Jewish Federation of Tidewater and read the Resolution to condemn the terrorist attacks committed by Hamas against the people of Israel, to express its support for an enduring peace between Israelis and Palestinians, and to exhibit our solidarity with the State of Israel and the Jewish people of Virginia Beach and Hampton Roads during this unprecedented and difficult time. Mr. Leon expressed his appreciation to City Council for their unequivocal support at such a difficult time. Mr. Leon advised many people from the Jewish community have friends and family who are directly affected. Mr. Leon advised one American hostage, who was taken from the concert, has roots from Portsmouth and he is friends with his family.Mr. Leon advised the people of Israel are aware of the City's support and shared their appreciation. Ms.Levin expressed her appreciation to City Council for the Body's leadership and all of the support from the Hampton Roads community. October 17, 2023 .B Ok � �Gy�rs 0�e` or OUR NA.100- RESOLUTION WHEREAS: On October 7, 2023, the terrorist group Hamas launched a surprise attack from Gaza on multiple civilian population centers in Southern Israel. WHEREAS: These attacks included firing thousands of rockets into civilian areas, terrorist door-to-door' raids in neighborhoods, and an assault on a music festival where over 260 people were indiscriminately murdered, brutally shot, assaulted,and kidnapped. WHEREAS: More than 1,300 Israelis—mostly civilians—have been killed by terrorists and several thousands more have been critically wounded. WHEREAS: Terrorists kidnapped untold dozens of Israeli men, women, children, toddlers, and infants — including Holocaust survivors and American citizens. WHEREAS: On October 11, 2023, the United States Department of State confirmed that at least twenty-two American citizens were killed in these attacks. WHEREAS: On October 7, 2023, the President of the United States issued the following statement: "The United States unequivocally condemns this appalling assault against Israel by Hamas terrorists from Gaza, and I made clear to Prime Minister Netanyahu that we stand ready to offer all appropriate means of support to the Government and people of Israel.. Terrorism is never justified. Israel has a right to defend itself and its people. The United States warns against any other party hostile to Israel seeking advantage in this situation. My Administration's support for Israel's security is rock solid and unwavering." WHEREAS. The City of Virginia Beach is a community of all faiths,and the Hampton Roads Region is home to the second largest Jewish Community in the Commonwealth of Virginia, tracing its roots to the 1700's. WHEREAS: The United States and Israel have long been close allies with support across the political spectrum. WHEREAS: The City of Virginia Beach unequivocally condemns the Hamas terrorist attacks and extends its unwavering support to the State of Israel and all of its Jewish, Christian,Muslim,and other citizens. WHEREAS:The City of Virginia Beach also supports a peaceful future for the Palestinian people. NOW, THEREFORE,BE IT RESOLVED:That the Virginia Beach City Council pause in its deliberations to condemn the terrorist attacks committed by Hamas against the people of Israel, to express its support for an enduring peace between Israelis and Palestinians, and to exhibit our solidarity with the State of Israel and the Jewish people of Virginia Beach and Hampton Roads during this unprecedented and difficult time. Adopted by the Council of the City of Virginia Beach, Virginia the 17't'day of October 2023 andpresent this Resolution duly signed by each Member of the Virginia Beach City Council. P* '&4,f— n Council Member Michael F.Berlucchi / Council Member Barbara4M.Henley -11 dze�,_Z� Council Member Robert W..„Worth"Remick Council Member Amelia N.Ross-Hammond =ncil er Jenni er Rouse �lb7-T—sa Council Member Joashua F. "Joash"Schulman Co cil Member hris Taylor Co ncil Mem r Sabrina D. Wooten Vice Mayor RostalyTNison Mayor Robert A "Bob y"Dyer 63 ITEM— V.LI PUBLIC HEARINGS ITEM#74849 Mayor Dyer DECLARED a PUBLIC HEARING: PROPOSED CHARTER AMENDMENT Implement 10-1 Election System The following registered to speak.- Michael Hashemy, 5009 Ravens Wood Road, Phone: 580-0046, spoke in SUPPORT Carl Wright, 1144 Mondrian Loop, Phone: 235-5596, spoke in SUPPORT Susan Potter, 613 Nicklaus Court, Phone: 335-3909, spoke in SUPPORT Gay Wiggs, 4795 Darby Court, Phone: 619-1257, spoke in OPPOSITION There being no additional speakers, Mayor Dyer CLOSED the PUBLIC HEARING October 17, 2023 64 ITEM— VL2 PUBLIC HEARINGS ITEM#74850 Mayor Dyer DECLARED a PUBLIC HEARING: PROPOSED CHARTER AMENDMENT Filling Vacancies on City Council The following registered to speak.- Melissa Lukeson, 1884 Wolfsnare Road,Phone:289-9003,spoke in SUPPORT of holding special elections Brian Sullivan, 1009 Autumn Woods Haven, Phone: 848-702-1025, spoke in SUPPORT of holding special elections Michael Hashemy, 5009 Ravens Wood Road, Phone:580-0046, spoke in SUPPORT of holding special elections Walter Camp, 4693 Berrywood Road, Phone: 576-1006, expressed the importance offilling vacancies as soon as possible Gary McCollum, 3901 Meeting House Road, Phone: 708-5987, spoke in SUPPORT of holding special elections There being no additional speakers,Mayor Dyer CLOSED the PUBLIC HEARING October 17, 2023 65 ITEM— Y.L3 PUBLIC HEARINGS ITEM#74851 Mayor Dyer DECLARED a PUBLIC HEARING: PROPOSED CHARTER AMENDMENT Membership of Board of Equalization There being no speakers,Mayor Dyer CLOSED the PUBLIC HEARING October 17, 2023 66 ITEM— V.L4 PUBLIC HEARINGS ITEM#74852 Mayor Dyer DECLARED a PUBLIC HEARING: APPROPRIATION OF FEDERAL REVENUE FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY(FEMA) Eastern Shore Drainage Improvements There being no speakers,Mayor Dyer CLOSED the PUBLIC HEARING October 17, 2023 67 ITEM— V.L5 PUBLIC HEARINGS ITEM#74853 Mayor Dyer DECLARED a PUBLIC HEARING: ACQUISITION BYAGREEMENT OR CONDEMNATION The Lakes South London Bridge Creek Channels and Gate Project There being no speakers,Mayor Dyer CLOSED the PUBLIC HEARING October 17, 2023 68 ITEM— V.L6 PUBLIC HEARINGS ITEM#74854 Mayor Dyer DECLARED a PUBLIC HEARING: ACQUISITION BYAGREEMENT OR CONDEMNATION Kemps Lake Water Quality Improvement Project There being no speakers,Mayor Dyer CLOSED the PUBLIC HEARING October 17, 2023 69 ITEM— V.L7 PUBLIC HEARINGS ITEM#74855 Mayor Dyer DECLARED a PUBLIC HEARING: DEDICATION OF EASEMENT TO VIRGINIA ELECTRIC AND POWER COMPANY d/b/a DOMINION ENERGY VIRGINL4 15'wide Easement at Upton Drive and Nimmo Parkway There being no speakers, Mayor Dyer CLOSED the PUBLIC HEARING October 17, 2023 70 ITEM— Y.JI PUBLIC COMMENTS ITEM#74856 Mayor Dyer DECLARED a PUBLIC COMMENT: EDWARD BYRNE JUSTICE ASSISTANCE GRANT(JAG) There being no speakers, Mayor Dyer CLOSED the PUBLIC COMMENT October 17, 2023 71 ITEM— V.J.2 PUBLIC COMMENTS ITEM#74857 Mayor Dyer DECLARED a PUBLIC COMMENT.• 2024 DRAFT LEGISLATIVE AGENDA The following registered to speak.- Coco Escalet, 681 Kenneth Road, Phone: 635-2244, spoke in OPPOSITION to the proposed Short Term Rental Legislation Kevin Monette, 829 22"d Street, Phone: 735-2628, spoke in OPPOSITION to the proposed Short Term Rental Legislation Kendall Maynard, 108 45th Street,Phone: 705-0574, spoke in OPPOSITION to the proposed Short Term Rental Legislation Julie Peters, 112 53'd Street, Phone: 9 70-948-556 7,spoke in OPPOSITION to the proposed Short Term Rental Legislation There being no additional speakers,Mayor Dyer CLOSED the PUBLIC COMMENT October 17, 2023 72 ITEM— VX I FORMAL SESSION AGENDA ITEM#74858 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. Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council APPROVED, BY CONSENT,Agenda Items Ordinances/Resolutions L: 4 (WITHDRAWN), 5, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17 and Planning Items M. 1,3, 4, 5, 6, 8, 9, 10, 11 and 12 Voting: 9- 0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth"Remick, Dr.Amelia N. Ross-Hammond,Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse L. ORDINANCESIRESOL UTIONS. ITEM#1 WILL BE CONSIDERED SEPARATELY ITEM#2 WILL BE CONSIDERED SEPARATELY ITEM#3 WILL BE CONSIDERED SEPARATELY ITEM#6 WILL BE CONSIDERED SEPARATELY M. PLANNING ITEMS: ITEM#2 WILL BE CONSIDERED SEPARATELY ITEM#7 WILL BE CONSIDERED SEPARATELY October 17, 2023 73 ITEM— VL.1 ORDINANCES/RESOLUTIONS ITEM#74859 The following registered to speak.- Mike Aschkenas, 2805 West Point Court, Phone: 463-4961, spoke in OPPOSITION Sandra Harris, 2617 South Kings Road, Phone: 463-0513, spoke in OPPOSITION Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED Ordinance to AMEND City Code Section 35.3-10 re extend the sunset provision for the Chesopeian Colony Area Dredging Special Service District Voting: 7-2 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Joashua F. "Joash" Schulman, Chris Taylor and Vice Mayor Rosemary Wilson Council Members Voting Nay: Barbara M. Henley Sabrina D. Wooten Council Members Absent: Jennifer Rouse October 17, 2023 1 AN ORDINANCE TO AMEND CITY CODE SECTION 35.3-10 2 TO EXTEND THE SUNSET PROVISION FOR THE 3 CHESOPEIAN COLONY AREA DREDGING SPECIAL 4 SERVICE DISTRICT 5 6 SECTION AMENDED: § 35.3-10 7 8 WHEREAS, the Chesopeian Colony Area Dredging Special Service District was 9 established by ordinance adopted August 13, 2013; 10 11 WHEREAS, the initial dredge cycle was delayed due to various factors including 12 real estate permissions and permitting; 13 14 WHEREAS, the first dredge cycle was completed in 2020; 15 16 WHEREAS, the City has received input from the community that it favors 17 maintaining a seven-year dredge cycle; and 18 19 WHEREAS, to accommodate the community's request, the sunset provision in City 20 Code § 35.3-10 must be extended; 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 23 OF VIRGINIA BEACH, VIRGINIA, THAT: 24 25 Section 35.3-10 of the City Code is hereby amended and reordained to read as 26 follows: 27 28 Sec. 35.3-10. Creation of the Chesopeian Colony Area Dredging Special Services 29 District. 30 31 (a) There is hereby created the Chesopeian Colony Area Dredging Special Service 32 District for the purposes set forth in this chapter and those set forth in Code of 33 Virginia § 15.2-2403. 34 35 (b) The boundaries of the Chesopeian Colony Area Dredging Special Service District 36 shall be described in detail by the map attached to ORD. No. 3300. 37 38 (c) The Chesopeian Colony Area Dredging Special Service District shall dissolve on 39 July 1, 2030 2034, if not sooner. Such date shall allow for the completion of the 40 third dredge cycle and the accounting of all revenues and expenditures during the 41 duration of the Chesopeian Colony Area Dredging Special Service District Adopted by the Council of the City of Virginia Beach, Virginia, on the 17th day Of O c r nhe r 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget and Management Services Offic the City Attorney CA16330 R-1 October 4, 2023 74 ITEM— V.L.2 ORDINANCESIRESOL UTIONS ITEM#74860 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED Resolution to EXTEND the City/School Revenue Sharing Policy re change June 30, 2024 to June 30, 2025 Voting: 9- 0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth"Remick, Dr.Amelia N. Ross-Hammond, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse October 17, 2023 1 A RESOLUTION TO EXTEND THE CITY/SCHOOL 2 REVENUE SHARING POLICY 3 4 WHEREAS, the current City/School Revenue Sharing Policy was adopted on 5 November 19, 2019, and is set to expire on June 30, 2024; 6 7 WHEREAS, the policy exists to establish a procedure for allocating local tax 8 revenues between the City and the Virginia Beach City Public Schools; 9 10 WHEREAS, the Acting Superintendent, on behalf of the School Board, has 11 requested an extension of the policy until June 30, 2025; 12 13 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 14 OF VIRGINIA BEACH, VIRGINIA, THAT: 15 16 Section 7.3 of the City/School Revenue Sharing Policy is hereby amended to 17 change "June 30, 2024" to "June 30, 2025." Adopted by the Council of the City of Virginia Beach, Virginia, on the 17 th day of October , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget an anagement Services orney's Office CA16335 R-1 October 4, 2023 75 ITEM— V.L.3 ORDINANCESIRESOL UTIONS ITEM#74861 The following registered to speak.- Reagan Grohler, 908 Maryland Avenue, Phone: 317-730-2918, spoke in OPPOSITION After City Council discussion, Council Member Henley made a motion, seconded by Council Member Taylor, to ADOPT Resolution to DIRECT the City Manager and City Attorney to CONDUCT a study and RECOMMEND any necessary changes to the City Zoning Ordinance (CZO) relative to project density and sound attenuation on properties located partially in the Interfacility Area or partially in noise zones of 65 dB DNL or greater(Requested by Council Members Henley, Rouse, Taylor and Wooten) Council Member Remick then made a SUBSTITUTE MOTION, seconded by Council Member Ross- Hammond, to DEFER INDEFINITELY Resolution to DIRECT the City Manager and City Attorney to CONDUCT a study and RECOMMEND any necessary changes to the City Zoning Ordinance (CZO) relative to project density and sound attenuation on properties located partially in the Interfacility Area or partially in noise zones of 65 dB DNL or greater(Requested by Council Members Henley,Rouse, Taylor and Wooten) Voting: 6-3 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Joashua F. "Joash" Schulman and Vice Mayor Rosemary Wilson Council Members Voting Nay: Barbara M. Henley, Chris Taylor and Sabrina D. Wooten Council Members Absent: Jennifer Rouse October 17, 2023 76 ITEM— V.L.3 ORDINANCESIRESOL UTIONS ITEM#748 61 (Continued) Upon motion by Council Member Remick, seconded by Council Member Ross-Hammond, City Council DEFERRED INDEFINITELY, Resolution to DIRECT the City Manager and City Attorney to CONDUCT a study and RECOMMEND any necessary changes to the City Zoning Ordinance (CZO) relative to project density and sound attenuation on properties located partially in the Interfacility Area or partially in noise zones of 65 dB DNL or greater(Requested by Council Members Henley,Rouse, Taylor and Wooten) Voting: 6-3 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Joashua F. "Joash" Schulman and Vice Mayor Rosemary Wilson Council Members Voting Nay: Barbara M. Henley, Chris Taylor and Sabrina D. Wooten Council Members Absent: Jennifer Rouse October 17, 2023 77 ITEM— V.L.4 ORDINANCESIRESOL UTIONS ITEM#74862 Upon motion by Vice Mayor Wilson,seconded by Council Member Schulman, City Council WITHDREW, BY CONSENT,Resolution to AUTHORIZE City support for a City Council Member-sponsored event re Level Green Fall Festival(Requested by Mayor Dyer and Council Member Wooten) Voting: 9- 0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth"Remick Dr.Amelia N. Ross-Hammond,Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse October 17, 2023 78 ITEM— V.L.5 ORDINANCESIRESOL UTIONS ITEM#74863 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Ordinance to ADOPT the FY 2024-25 Focused Action Plan (Requested by Vice Mayor Wilson and Council Members Berlucchi, Remick, Ross-Hammond, Rouse and Schulman) Voting: 9- 0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W "Worth"Remick, Dr.Amelia N. Ross-Hammond,Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse October 17, 2023 REQUESTED BY VICE MAYOR WILSON AND COUNCILMEMBERS BERLUCCHI, REMICK, ROSS-HAMMOND, ROUSE, AND SCHULMAN 1 AN ORDINANCE ADOPTING THE FY24-25 2 FOCUSED ACTION PLAN 3 4 WHEREAS, during its retreat on August 22, 2023, the City Council identified 11 5 themes and factors for success for the City, and City staff began developing a 24-month 6 focused action plan for implementation; 7 8 WHEREAS, City staff obtained feedback from the public through a Focused Action 9 Plan Community Survey, and the top five themes that respondents noted should receive 10 the most or some focus were: public safety, flood protection, stormwater, land use, City 11 budget, and affordable housing/housing affordability and homelessness; 12 13 WHEREAS, City staff drafted the FY24-25 Focused Action Plan by incorporating 14 the Council's direction, staff input, and feedback from the public, and on September 26, 15 2023, the City Council received a briefing on the Focused Action Plan and its three 16 overarching key focus areas—Govern, Envision, and Invigorate; and 17 18 WHEREAS, the Focused Action Plan will allow the City to be transparent about 19 the City's goals, with a focus on efforts needed for implementation and accountability for 20 the results; and 21 22 WHEREAS, the plan will be reviewed semiannually with the City Council, and City 23 staff will submit semiannual performance reports to the City Council to document the 24 City's progress in implementing the plan; 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 27 OF VIRGINIA BEACH, VIRGINIA, THAT: 28 29 1. The City Council hereby adopts the FY24-25 Focused Action Plan, a copy 30 of which is attached hereto. 31 32 2. The City Council directs the City Manager to take the steps necessary to 33 implement the Plan and to provide the City Council and the public with periodic updates 34 and semiannual performance reports. Adopted by the City Council of the City of Virginia Beach, Virginia on the 17 t h day of October 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: I 7 / _ ! y-1 t .rig City Manager's Office City Attorney's Office CA16337/R-4/October 10, 2023 s FOCUSED ACTION PLAN FY24 - 25 t 4 �sv The City of Virginia Beach exists to enhance the economic, educational, social, and physical quality of the community and provide sustainable municipal services that are valued by citizens. Focused and Accountable Performance The City of Virginia Beach is on a journey Virginia Beach's Focused Action Plan is to ensure that its operations and efforts are a collaborative effort that is led by the City strategic and focused.The City's FY24-25 Council's vision and leadership,influenced by Focused Action Plan translates vision and community feedback obtained from various goals into an actionable strategy that guides ongoing surveys, interactions,and other the organization's focus,work and resource engagement efforts,and reflective of staff alignment.The Focused Action Plan's contributions. three overarching key focus areas — The Focused Action Plan will be reviewed Govern, Envision, Invigorate—and underlying semiannually with the City Council to determine initiatives and performance measures allow us to if revisions are needed to maintain its relevancy. be transparent about our goals,focused in our Similarly,City staff will submit semi-annual efforts,and accountable for our results. performance reports to the City Council,and ultimately the public,to document progress on addressing the Focused Action Plan. VIRGINIA BEACH CITY COUNCIL 0 Mayor Robert M."Bobby"Dyer 1 Vacant Robert W."Worth" District 1 Remick District 6 w Barbara Henley Sabrina D.Wooten District 2 District 7 Michael Berlucchi Chris Taylor District 3 District 8 Dr.Amelia Joashua F."Joash" Ross-Hammond Schulman District 4 District 9 Rosemary Wilson Jennifer V.Rouse Vice Mayor District 10 District 5 FY24-FY25 FOCUSED ACTION PLAN 3 J J E 1 jj7ol ire r. - a\ Mkt I•.,� �+ '� �' y-,. ,t1 j/+ C:-� �..:f�`�s +� _.• .... - 2'� a�!.S�i.:_+ +slf _ ".gin I.r" .�` _r �.� AFC"� .�.-�, '�'_ `�'..ai ffi,t�s'f.."t'�'�' �' -.,a r-��--••r - .� ,-- f AWOL .,i 1 L �r FOCUSED ACTION PLAN Y7d' - _s.-_ - w =�'-,,rc,�y� '1° To oversee the policy, actions, and affairs of an organization Provide direction that ensures effective and •Financial and legislative practices maximum leveraging of City resources. . Human,financial,and physical asset management •Civic and community engagement EbRISIC14 To imagine with clarity and detail a future you intend to work towards Plan for a responsibly built environment that • Land use preserves and protects the community's natural . Housing affordability and homelessness resources and allows for sustainable growth. Support the creation and maintenance of •Stormwater and flood protection affordable housing and a strong economy. • Economic development and vitality •Transportation and transit ININ Ic To feel healthy and full of energy Embrace compreshensive well-being by •Culture, arts, and placemaking fostering a clean, inspiring, and vibrant . Mental health environment where people feel safe and have access to amenities and services that support a • Parks and recreation high quality of life. • Public safety •Corridors and physical appearance FY24-FY25 FOCUSED ACTION PLAN 5 '.. F r AN" 16 ids �� fl i s CX3Y To oversee the policy, actions, and affairs of an organization Provide direction that ensures effective and maximum leveraging of City resources. INITIATIVES 11 Review the budget schedule and process 1.8 Continue to develop and enhance to identify and outline opportunities for: opportunities for civic engagement based (a)increasing public engagement, on residents'preferred methods identified (b) providing Council information earlier, in the 2022 Resident Survey (c)gaining Council's guidance on property 1.9 Continue to monitor employee tax rates earlier, and (d) providing recruitment and retention data to respond alternative approaches for presenting and proactively address opportunities budget information to City Council for for ensuring appropriate staffing and Council's consideration service delivery 1.2 Conduct revenue and budget forecasting 110 Enhance employee engagement, session(s)with Virginia Beach City communication, connection, and Public Schools to explore various recognition efforts financial scenarios to promote shared understanding and inform decision-making 111 Foster an organizational culture that encourages continuous improvement 1.3 With the assistance of the City's financial advisor,conduct a financial debt planning 112 Explore options and future plans for workshop with City Council to further City-owned physical assets to include Virginia Museum of Contemporary Art inform decision-making building,the Visitor's Center, and the 1.4 Complete a comprehensive review of 22nd Street Library the City's Community Organization Grant (COG), Regional Grant, and Arts and 113 Continue evaluation and optimization Humanities grant processes efforts for the management, usage, maintenance, and funding of the 1.5 Conduct a comprehensive review of City's fleet festivals and events and their associated return on investment to help inform 114 Continue progress on the Facilities the potential development of policies Inventory Asset Report to capture a regarding City support comprehensive condition assessment of all City-owned buildings 1.6 Consider developing a formal process for including items on the City's 115 Brief City Council on the timeline and plan legislative agenda for displaced City departments to return to the main Municipal Campus 1.7 Consider establishing formal 1 requirements and process for TIP 16 Relocate the Police Department (Tourism Investment Program)funding headquarters to its new location on the eligibility and usage Municipal Campus FY24-FY25 FOCUSED ACTION PLAN 7 MEASURES OF .i 3 • Resident Survey: % rating "Excellent" or"Good" • Overall value received for City tax dollars and fees •Overall quality of services provided by the City of Virginia Beach • Effectiveness of City communication with the public • Maintain AAA bond rating • Debt as a percentage of the City's General Operating Budget • Employee turnover rate 8 FOCUSED ACTION PLAN FY24-FY25 To imagine with clarity and detail a future you intend to work towards Plan for a responsibly built environment that preserves and protects the community's natural resources and allows for sustainable growth.Support the creation and maintenance of affordable housing and a strong economy. INITIATIVES 2.1 Complete the 2040 Comprehensive 2.9 Complete the 2023 Virginia Beach Plan update Housing Study and provide City Council 2.2 Review and reaffirm or revise the City's strategic priorities and implementation Strategic Growth Areas(SGAs) as part recommendations of the Comprehensive Plan update to 210 Develop and present affordable housing ensure appropriate development and funding options and recommendations economic growth opportunities while to City Council preserving rural and suburban areas 211 Explore expedited planning and 2.3 Subject to funding for a consultant, development service offerings initiate a review of the Zoning Ordinance to streamline and encourage the and land use regulations and propose development of affordable housing recommendations that allow for 212 Explore potential tax abatement appropriate land uses while ensuring opportunities through state legislation the ability to protect and preserve to support development of neighborhood integrity affordable housing 2.4 Develop and propose a community 2.13 Develop and implement a public engagement toolkit for land use initiatives education and outreach campaign to 2.5 Develop a comprehensive list of increase understanding of the need for undesignated and designated City-owned affordable housing property and for properties for which 2.14 Provide recommendations from the information is known,identify original Community of One Plan for making reason for and means of acquisition homelessness rare, brief, and 2.6 Explore opportunities to increase nonrecurring in collaboration with community awareness of the benefits of Bringing An End To All Homelessness infill and redevelopment projects (BEACH)Community Partners 2.7 Identify areas for potential infill 2.15 Continue to implement the Flood development and/or redevelopment Prevention Bond Referendum through 2.8 Continue to evaluate and improve the ongoing execution of the Flood the permit application, review, and Protection Program approval processes to advance policy goals and streamline customer experiences while maintaining necessary regulatory oversight FY24-FY25 FOCUSED ACTION PLAN 9 INITIATIVES (cost) 216 Continue promoting transparency of the 2.23 Review and address recommendations bond referendum projects through City included in the Talent Pipeline Report Council briefings provided by Jacobs 2.24 Work to help create a world-class digital Engineering Group and facilitation of ecosystem to attract technical talent and the Flood Prevention Bond Referendum industries to the region Oversight Board's monthly meetings 2.25 Explore opportunities to support and 217 Launch a visualization tool on the Ripple expand alternative energy workforce Effect webpage that demonstrates how training programs in the region the Ripple Effect projects will impact flood protection 2.26 Review and update the City's Master Transportation Plan and Model to 2.18 Implement stormwater maintenance support transportation options and programs and projects to enhance modes, reduce congestion, and improve stormwater runoff resilience safe travel for the community at large 219 Complete Stormwater Master Plans to 2.27 Provide recommendations for the aid in addressing recurrent flooding Central Beach District for potential issues,minimize losses due to flooding, development,capital improvements, and prepare for adaptations necessary and infrastructure projects to address sea-level rise 2.28 Identify City project opportunities to use 2.20 Facilitate keystone projects and alternative energy sources programs that align with the City's economic growth strategy for 2.29 Informed by community input,develop redevelopment and revitalization options for next steps for the City's recycling program 2.21 Identify potential land plots that are ideal for industrial or business 2.30 Complete the City's portion of the development opportunities Regional Connectivity Ring (RCR)to provide jurisdictional connectivity 2.22 Work to identify opportunities for for Southside operations for the regional stormwater solutions, jurisdictions of Chesapeake, Norfolk, including the design and construction Portsmouth,Suffolk, and Virginia Beach of the 17th Street Regional Stormwater Management Facility 10 FOCUSED ACTION PLAN FY24-FY25 MEASURES OF • Resident Survey:% rating "Excellent" or"Good" • Affordability of housing options in the City • How well the City of Virginia Beach is managing growth • Overall management of public stormwater runoff/drainage/flood control • Access to job opportunities that match skills • Familiarity with City's plans for development and growth (e.g., comprehensive plan) • %of renters/homeowners cost burden per U.S. Census Bureau American Community Survey • #of persons experiencing homelessness living in emergency shelters,transitional housing programs, and those living unsheltered on the street and change in beds by project type(e.g., rapid rehousing, permanent supportive housing,etc.), per annual Point in Time • Linear feet of stormwater pipe inspected and cleaned FY24-FY25 FOCUSED ACTION PLAN 11 t' •\ �fC fy - •1 T 4� .� � •-may � - .S �•1111 III -�`4d r -,� 1{ �. I L FOCUSED ACTION PLAN 1001 1111ii To feel healthy and full of energy Embrace comprehensive well-being by fostering a clean,inspiring,and vibrant environment where people feel safe and have access to amenities and services that support a high quality of life. INITIATIVES 31 Strengthen community unity and 3.7 Assess the potential to pilot a well-being through the HOPE (Helping partnership program between the DHS Our People Excel) initiative and Emergency Communications/ 3.2 Brief City Council on an overview of the Citizen Services(ECCS) in which a DHS current state of mental health services Behavioral Health Clinician is located and initiatives in Virginia Beach at the ECCS Center and assists with screening mental health-related 911 calls 3.3 Engage with the community to raise awareness of how to access programs 3.8 Use feedback from the Opioid and services provided and supported by Abatement Town Hall listening sessions the Department of Human Services(DHS) to inform opioid treatment services 3.4 Identify and assess the resources 3.9 Implement an Aging in Place pilot needed to consistently operate the program to support residents currently Mobile Crisis Co-Responder Team reliant on 911 for needs related to falls (MCRT)during scheduled hours to and lift assists support the rapid response program and 310 Conduct a community engagement effort early intervention services for individuals to develop district identities for the 10 experiencing a behavioral health crisis new Council districts 3.5 Identify and assess the resources 311 Explore and implement opportunities needed to expand integrated behavioral to partner with the community and health services in public schools small businesses to activate creative 3.6 Explore innovative approaches to placemaking and cultivate a sense of support wellness through park- identity to strengthen the civic, cultural, based pilot programs, such as park and economic environments for areas prescriptions or guided walks with throughout the city medical professionals 3.12 Conduct capacity mapping to identify potential areas for community-based revitalization projects and placemaking efforts FY24-FY25 FOCUSED ACTION PLAN 13 INITIATIVES (cont) 3.13 Enhance the reach and distribution of 319 Strengthen emergency management arts throughout the city preparedness against natural disasters 314 Explore dedicated funding opportunities and threats being sure to engage that comparable municipalities use to in community outreach activities to support culture and arts educate residents on the importance of emergency preparedness 315 Brief City Council on parks and recreation funding appropriations, 3.20 Complete a Law Enforcement Training funding dedications, and existing capital Academy(EFTA)study to propose potential new locations project commitments 3.16 Explore a bond referendum for parks and 3.21 Continue public safety efforts to ensure recreation related facilities and assets,to a safe and healthy environment for include trails and recreation centers residents and visitors 3.17 Secure a firm and begin the design 3.22 Conduct an evaluation of current process to transform the Rudee Loop systems, operations, and facilities for area into a first-class park experience ECCS' primary and backup sites to based on City Council guidance identify any resiliency gaps 3.18 Explore expanding opportunities to 3.23 Ensure equitable City service delivery offer health and cancer screenings for in maintenance and landscaping all Good Friday Miracle first responders activities throughout the city being sure to examine administrative, legal,and financial considerations 14 FOCUSED ACTION PLAN FY24-FY25 a i MEASURES OF • Resident Survey:% rating "Excellent" or"Good" • How safe you feel in Virginia Beach overall • Efforts to ensure the community is prepared for emergencies/disasters • Confidence in the City of Virginia Beach's ability to meet basic needs during and immediately after a natural or man-made disaster • Mowing and tree trimming along City streets and other public areas, by district • Your sense of attachment to, and pride in, your neighborhood and community, by district • Physical condition of City indoor recreation facilities • Physical condition of City parks,trails or other outdoor facilities • Availability of trails and pathways • #of individuals served through the Department of Human Services' same-day access to behavioral health assessment program FY24-FY25 FOCUSED ACTION PLAN 15 � 1 �.-�----�- ,.�,,_m.�;g-._-.m .�,.o�. �� __• sue.; ..._�.>._;..,�-.�__ ___._._.....,...._w�.� ..�..-.�... (s r . k� 79 ITEM— V.L.6 ORDINANCES/RESOLUTIONS ITEM#74864 The following registered to speak.- Heather Gotliboski, 1909 Bitterroot Court, Phone: 203-996-8714, spoke in OPPOSITION Upon motion by Council Member Ross-Hammond, seconded by Council Member Remick, City Council DEFERRED TO OCTOBER 24, 2023, Ordinance to DECLARE easements in EXCESS of the City's needs and AUTHORIZE the sale of easements to Dominion Energy Virginia re Electric Transmission Corridor for the Coastal Virginia Offshore Wind Project DISTRICTS 2, S and 6 Voting: 8- 0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth"Remick, Dr.Amelia N. Ross-Hammond,Joashua F. "Joash" Schulman, Chris Taylor and Sabrina D. Wooten Council Members Abstaining: Vice Mayor Rosemary Wilson Council Members Absent: Jennifer Rouse October 17, 2023 �GINtA�Ac L, City of Virginia Beach U OF S OUR NpS: �+ .CUrtl PHONE:(757)422-0733 ROSEMARY WILSON RC Wdsor,Tvbgov_com VICE MAYOR — COUNCIL MEMBER-DISTRICT 5 October 3, 2023 In Reply Refer to 0084887 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Virginia Code § 2.2-31 15(F) Dear Mrs. Barnes: Pursuant to the Virginia Conflict of Interests Act, I make the following declarations: 1. I am executing this written disclosure regarding the City Council's consideration of an ordinance declaring easements in excess of the City's needs and authorizing the sale of the easements to Dominion Energy Virginia for an electric transmission corridor for the Coastal Virginia Offshore Wind Project. 2. I have a personal interest in Dominion Energy. Its corporate street address is 120 Tredegar Street, Richmond, Virginia 23219. 3. 1 hereby disclose this interest, and I will abstain from the City Council's consideration of this item. I respectfully request that you record this declaration in the official records of the City Council. Thank you for your assistance in this matter. Sincerely, 4 Rosemary A. Wils n §1(1�� Vice Mayor RAW/RRI 921 ATLANTIC AVENUE,UNIT 502,VIRGINIA BEACH,VIRGINIA 23451 80 ITEM— V.L.7 ORDINANCES/RESOLUTIONS ITEM#74865 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Ordinance to DECLARE 11804+/- square feet of City-owned property on Ferry Point Road in EXCESS of the City's needs and AUTHORIZE the City Manager to sell the property to the adjoining property owners DISTRICT 7 1 Voting: 9- 0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth"Remick, Dr.Amelia N. Ross-Hammond,Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse October 17, 2023 1 Requested by Department of Public Works 2 3 AN ORDINANCE DECLARING 1 ,804± 4 SO. FT. OF CITY-OWNED PROPERTY 5 LOCATED ON FERRY POINT ROAD 6 (GPIN: 1465-19-1197)TO BE IN EXCESS 7 OF THE CITY'S NEEDS AND 8 AUTHORZING THE CITY MANAGER TO 9 SELL THE PROPERTY TO THE 10 ADJOINING PROPERTY OWNERS 11 12 WHEREAS, the City of Virginia Beach (the "City") purchased a 32,397 sq. ft. 13 parcel of land on Ferry Point Road on March 31, 1992 for the Indian River Road — Phase V 14 Project, CIP 2-080 (the "Project"), which was a Virginia Department of Transportation 15 (VDOT) funded project; 16 17 WHEREAS, upon completion of the Project, the City owned a 1,804± sq. ft. 18 remainder of land located on Ferry Point Road (GPIN: 1465-19-1197)(the"Property")more 19 particularly described on Exhibit "A" attached hereto and made a part hereof; 20 21 WHEREAS, the Property is assessed at $1,000; 22 23 WHEREAS, the adjacent property at 1308 Ferry Point Road (GPIN: 1465-19- 24 2222) is owned by the heirs of Catherine Mosley and/or their representatives: Gail 25 Lawrence, Dianne Mosely, Wilbert Mosely, Bernadette Ponder, Dennis Mosely, and Morris 26 H. Fine and Michael R. Hipps as Special Commissioners for the Heirs of Glinder Mosely 27 (collectively, the "Applicant"); 28 29 WHEREAS, the Applicant has requested to purchase the Property in orderto 30 resubdivide it into the adjacent property at 1308 Ferry Point Road in accordance with the 31 Summary of Terms attached hereto as Exhibit "B" and made part hereof; and 32 33 WHEREAS, the City Council is of the opinion that the Property is in excess of 34 the needs of the City of Virginia Beach. 35 36 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 37 OF VIRGINIA BEACH, VIRGINIA: 38 39 That the Property is hereby declared to be in excess of the needs of the City 40 of Virginia Beach and that the City Manager is hereby authorized to execute any 41 documents necessary to convey the Property to Applicant in accordance with the Summary 42 of Terms attached hereto as Exhibit "B" and such other terms, conditions or modifications 43 as may be acceptable to the City Manager and in a form deemed satisfactory by the City 44 Attorney. 45 i 46 Further, that revenue from the sale of the Property in the amount of$5,000.00 47 shall be received and deposited in Indian River Road Phase VII-A — project #100217. 48 49 This Ordinance shall be effective from the date of its adoption. 50 51 Adopted by the Council of the City of Virginia Beach, Virginia, on the 17 th 52 day of October , 2023. 53 54 CA15833 R-1 Prepared: 9/19/23 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: P BLIC WO KS/REAL ESTATE C TY TOR E APPROVED AS TO CONTENT: UDGET & MANAGEMENT SERVICES 2 EXHIBIT "A" LEGAL DESCRIPTION FERRY POINT ROAD; GPIN: 1465-19-1197: ALL THAT certain lot, tract or parcel of land together with improvements thereon belonging, lying, situate and being in the City of Virginia Beach, Virginia and designated and described as "PARCEL 011-A NOT A BUILDABLE SITE CITY OF VIRGINIA BEACH 1465-19-1197" as shown on that certain plat entitled, "RESUBDIVISION OF PARCEL A-2 (INST. NO. 200310150167649), PARCEL 009A (M.B. 218 PG. 92) & PARCEL 011 (M.B. 218 PG. 85) VIRGINIA BEACH, VIRGINIA" Scale: 1"=20', dated May 25, 2010, prepared by Ward M. Holmes Land Surveyor, P.C., which plat was recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 201000057520, to which reference is made for a more particular description. RESERVING UNTO THE CITY a 10' public drainage easement along the entire boundary of the Property adjacent to Ferry Point Road as illustrated on Attachment 1 , to be established as a part of the resubdivision. RESERVING UNTO THE CITY all right, title and interest of the City in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to appurtenant to or in any way benefiting the City and/or public. IT BEING a portion of the same property conveyed to the City of Virginia Beach by Deed from Apolonio F. Fontanares and Felicitas F. Fontanares, husband and wife, Rogelio M. Guerrero and Revilla B. Guerrero, husband and wife, Amadeo C. Cacanindin and Juanita P. Cacanindin, husband and wife, dated March 20, 1992, and recorded in the aforesaid Clerk's Office in Deed Book 3071, at page 2086. Attachment 1 1 WPL;!A l I .. nP[r.•PC6 M 'T K![V M.ftROlr 1111E a PI6 r TPC Qc•! % 91C ' GSOOIIS:" Lee_ 1 "C.TIfl,W M•T WV9"l!—"[•9t•5 51#3— rP W'h n • wo W FC:vC - �Nf,FI S..P.Q T r -1 HT. Fr [.1C+[rr nL--,v,•v:t+iL N•T>R.15 IY it ler W, C K+ G T F,E IV FV ]rC M.'�.:ry a•P[L O )•I{(• :Tm.•'In'F[lu1N>)-Plw(F) � ,SRE �-..:.. +n OOP'^F TIE 1[ C'•M I_ i✓JI, • ..ou< vTm hN F -nrv1:1:<F) Is—[c C: I T l6T m' I. '1EL.1� •I[.M K fL. 1 E 2 .r" }C rt •R V. �T• C r f TIE Etiry L K F NPJ.ktE •. ' r i F THE I F -T' T' �MPwrtK R RT'I[L^iL Mr :rC Tr T,T 1N!L L ��' 14'r'�- •.E ,TE•. C T 11�-Lr 1N•T 1F'"riNTY .ILL nu'.r E r¢t c ��a I w✓G .....TP•.c 1 1-. N NC[ -F 1 l+l•:T•w E4K - •CI[Cr I+ r✓lJiO� f 1•rt f 11�1 E�M E .I 1'• 'TP L T•T-...'.'15.rr'MYJ 1..TL CF '-E F 1. Ei rFIT [ I..�"[ - OIPCTOr •II D.'if L •CY' k['[,rCnk.TM,i MI L.T w5 u,f[ M [ C TE G•I TF. C •C•r Ti' [ c (Mrtl!Jk111r2rsfczpl.Stx'. x K Ti- i+�.l%.O. •T TII[ 1•['T-n�F TIC wllllw 1N! v� r L . oe -� ¢,T xl'r[-•-d ...M•t .N'.ifn rwx 'T FL 1 -.•c'L n I. D•[E t[ c nE 'c� , 91!Y[.c• r-I.Is CF70 n llc 'Ii r+ G un' i Tr[ Irr i 1:.Iyr G H I.:am.•.0 4MOMMLt Iw xL•'L.T I`T^T+,..ro M:' M,f nIO,L•.•T'.:♦ •It I'[r MMI i,I r•,• E r �TPc rt'r rr a- I r--L•n i +•I> .-:G . T T-L•E.E•.. •. E MM,IW,.,1.1.1.'._ ..E FTETw�------- .. ,.L. .. LOT A-1-A M TE LIC NTrM.ymT..Fr•CaLlrr r,Tl[rT l E - • v-IE .11[y'[50 sr •E 1 L? S.:r [Tn Y� Ff F'rT. •I"E 'W?rY}•C 1 ..E t MITI T' r C•T' ="w.+%%-%%— I •�"p� c TIC. T f C r iR r. T , ; 6110 i M ...IZ TCI•T: ,NR/ re MT-C T, .[11`2LTM - - - •LL -T TMI I.1 1 -T6 1 nE�1C-u'GkG yr - •1P[[ E •.. I [T T TNC L 1.1 f K IM-IrA x .wr.c•...•c NTlllr Ti lMT• F 1w,-.Ms ••1 I—ADc,W.r.•L[.Nao.::a i -- .• '�'- tMrSR+'r'![A'W' 1. Z[Y 'IF.r'••n•IL: "L ILZI.:OrKTI[•TM[II we OtCrrls rMlsr Anl ays.nl•..D+J%W.rxrwv.xa: 1CAli r.rJtr'I Q:. 10. P[I:L'/%X11 nr •iT1"wNr r.. LOT A-1-A • [(Jr/ T •• h K r IL%k'w Tflr[T K I:W Jr::OUPT T W CRY T NPrrrM tilrM. Yirr".ce F M16'�.bK[s1MWSl UCE.' NPrlrl•'vO 10' Drainage easement to be reserved a911Frxw>•Nu[v/!PE*•Jri[ry •�._nrrarlPRDI.r:,.c. .. ...�.a r+•"ra aP�N 9U6X,I5pA PLAT OF LOT A-T 'c•ICIIr:•c�u>.w Nr••"s!':r+,—P=T•r1-14'P[-1—1`_ T ETM� E ! IE F uRr cl (Ir.STR. '00310•50157649) Tc K cr«PaTv[ss cr TII[mJ.c rrr.-r m mF u'E 5JDDfJ15ION OF PARCEL 'A' llll;�4T i]II.IN::PJPIY-:Plc T,U.[r[vT :TIE.. .L. Iv1e"ells.+aT s[o•w oP 1[S.L•r.DI•h N me.-.T.•� •Pe r:.r m•.m.l¢+c A PARE OF PROPERTY OF EL51E 5M1H" nl►.nJlyo:P.uwssrr ww TNs xur vlR5P4A CEACM, vIFGINIA SCALE; 1 c-2w APRIL '7. 2OW •xxPo.Q: raTc. "L%1%vklG fJIkC:TP.OTY CI M!,^.N•T[•Cf1 v[xTM•H.rrT T nr nwc _ •F � S A 7� C�'r',I r,,xewks. N'+.r'n, .G. 'N+:IN• �t<4Z t 1..rin ,n ti:x,wa+,•PLPwsr.•5A tvrl ro 1 mr�„-wrn.11 nv%w�,-ry••1 �ArcF.1Pax !!�i Pam[Fn[r n9�.M CJ4 •.1[Ca .r T•IC .i%Y.eyJA •onr x.LJ: pn� 2lC'! :[[51Qr 2 T 2 TCN'_n+VC.5gr•TJP[. - 'rQT ' 'F EXHIBIT B SUMMARY OF TERMS SELLER: City of Virginia Beach ("City") BUYER: The heirs of Catherine Mosley and/or their representatives: Gail Lawrence, Dianne Mosely, Wilbert Mosely, Bernadette Ponder, Dennis Mosely, and Morris H. Fine and Michael R. Hipps as Special Commissioners for the Heirs of Glinder Mosely CITY PROPERTY TO BE ACQUIRED: 1 ,804± Sq. Ft. (0.041 acre) of City property located on Ferry Point Road (GPIN: 1465-19-1197), more particularly described on Exhibit A SALE PRICE: $5,000.00 CONDITIONS OF SALE • The Property is purchased "AS IS, WHERE IS," and will be conveyed by Special Warranty Deed. • Buyer shall adhere to all zoning ordinances and City Code requirements. • City will reserve a 10-foot public drainage easement along Ferry Point Road as illustrated on Attachment 1 to Exhibit A. • Buyer shall resubdivide the Property into the adjacent property located at 1308 Ferry Point Road and vacate interior lot lines. • Buyer shall be responsible for its own closing costs, recording fees, and attorney's fees. • Closing shall occur on or before 45 days from the approval of the resubdivision plat, unless extended by the City Manager. Approval of the sale shall be revoked if closing has not occurred on or before December 31 , 2024, unless extended by the City Manager prior to such date. N a rrAA z r - f/I t ` e p O/,q 0. r , a� r, a /tiTR d,Ilk =M LOCATION MAP Legend EXCESS CITY PROPERTY 1465-19-2222 GPIN 1465-19-1197 " :. T , 1465-19-1197 Feet City Properties 0 50 100 200 repare y H.W./Eng./Eng. Support z5ervices ureau rotec s i es ity ropey ev - - 3 Aerial.mxc ® N W E Z S Z .S ~ o �rti OrgNRr �FRR O 1, y O OG O LOCATION MAP Legend �CiyrS,M�9 O EXCESS CITY PROPERTY Q 1465-19-2222 ` tiC+�, CI GPIN 1465-19 1197 1465-19-1197 ' Feet City Properties 0 50 100 200 repare y F.W./Eng./Eng.bupport 6ervices ureau rojec s i es i y rope - ev -b-Zj.mxc 81 ITEM— V.L.8 ORDINANCESIRESOL UTIONS ITEM#74866 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into 10' City Maintenance Easement and a 100'City Drainage Easement located on 924 Sandoval Drive re maintain a wood fence, concrete pad and driveway,frame shed, and pool area DISTRICT S Voting: 9- 0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth"Remick, Dr.Amelia N. Ross-Hammond,Joashua F. `Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse October 17, 2023 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO A 5 10' CITY MAINTENANCE EASEMENT AND 6 A 100' CITY DRAINAGE EASEMENT, 7 LOCATED ON 924 SANDOVAL DRIVE 8 9 WHEREAS, Christopher M. Riley(the"Applicant") has requested permission 10 to maintain a 159.81 LF wood fence, 609 sq. ft. of concrete area, a 10.3' x 12' frame shed, 11 and 214 sq. ft. of pool area within the City's 100' drainage easement and 10, maintenance 12 easement (collectively, the "Temporary Encroachment"), located on the Applicants' 13 property at 924 Sandoval Drive (GPIN: 2414-68-3295); and 14 15 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 16 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 17 the City's easements subject to such terms and conditions as Council may prescribe. 18 19 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 23 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicant, his heirs, assigns 24 and successors in title are authorized to maintain the Temporary Encroachment within the 25 City's easements as shown on the map entitled: "EXHIBIT A SHOWING POOL, 26 CONCRETE PAD AREA SURROUNDING THE POOL, PAD FENCE & CONCRETE 27 DRIVE, ENCROACHING INTO THE CITY'S 10' MAINTENANCE EASEMENT AND 28 CONCRETE DRIVE, ENCROACHING INTO THE CITY'S 10' MAINTENANCE EASEMENT 29 AND CONCRETE DRIVE, CONCRETE PAD AREA SURROUNDING THE POOL, FENCE 30 & FRAME SHED ENCROACHING INTO THE CITY'S 100' DRAINAGE EASEMENT LOT 31 1455 SUBDIVISION OF RED MILL FARM (PHASE 1) SOUTH SHORES ESTATES 32 VIRGINIA BEACH, VIRGINIA," Scale: 1" = 20', dated July 18, 2023, prepared by Tim 33 Fallon Land Surveying, PLLC, a copy of which is attached hereto as Exhibit A, on file in the 34 Department of Public Works and to which reference is made for a more particular 35 description; 36 37 BE IT FURTHER ORDAINED,that the Temporary Encroachment is expressly 38 subject to those terms, conditions and criteria contained in the agreement between the City 39 of Virginia Beach and the Applicant (the "Agreement"), an unexecuted copy of which has 40 been presented to the Council in its agenda, and will be recorded among the records of the 41 Clerk's Office of the Circuit Court of the City of Virginia Beach; 42 43 BE IT FURTHER ORDAINED, that the City Manager or his authorized 44 designee is hereby authorized to execute the Agreement; and 45 45 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 46 such time as the Applicant and the City Manager or his authorized designee execute the 47 Agreement. 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the 17 th 50 day of October , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: P , B IC WOI* S / REAL ESTATE DANA R. HARMEYER SENIOR CITY ATTORNEY CA16059 R-2 Prepared: 9/15/2023 1\vbgov.com\dfs1\applications\citylaw\cycom32\wpdocs\d01 Cp047=912662.doc THIS/S TO CERTIFY THAT /, T/MO THY M. FALLON A LAND SURVEYOR, ON 03-24-2023 SURVEYED THE PROPER Y SHOWN ON THIS PL A T, AND THA T THE TI TL E L INES AND THE WA L S OF THE BUILDING ARE AS SHOWN ON THIS PLAT. THE IMPROVEMENTS STAND STRICTL Y WITH/N THE T/TLE L/NES AND THERE ARE NO ENCROACHMENTS OR VISIBLE EASEMENTS, EXCEPT AS SHOWN. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT AND CONSEOUENTL Y MA Y NO T DEP/C T AL L MA T TERS AFF CT/ THE TI TL E OF THE PROPERTY SHOWN. SIGNED: ( /1 P��H OF TIMO THY M. FA L ON L IC.11659 F' Y THIS PROPERTY SHOWN ON THIS PLAT APPEARS TO FALL IN O i„r FL DOD ZONE 'X"AND FLOOD ZONE "AE(EL 3)"AS SHOWN o TIMOTHY M. FALLON ? ON THE FLOOD INSURANCE RATE MAP, COMMUNITY 515531 U No. 1659 D PANEL 0138G DA TED 0I-/6-2015 07-18-2023 C4N0 SUR'4Eyaq- CURVE TABLE CURVE DEL TA ANGLE RADIUS ARC LENGTH TANGENT CHORD LENGTH CHORD BEARING C/ 28°3/3/" 8.48' 4.22' 2.16' 4.18' N 26'/2 27"E C2 59044 05" 8.48' 8.84' 4.67' 8.45' N 70020%5"E C3 26000'52" 8.49' 3.85' 1..96' 3.82, N 830/859"W C4 39041lO" 7.38' 5.11' 2.66' 5.01' N 840/4 40"E C5 49002%8" 7.38' 6.32' 3.37' 6./3' S 5/023 35"E C6 /7034'43" 7.15' 2./9' 1#' 2.I9' N 27036%O"W C7 3/026'02" 5.39' 2.96' 152' 2.92' N 52006'33"W co 3902425" 6.99' 4.81' 2.50' 4.72' S 4800722"E C9 37006%/" 6.99' 4.53' 2.35' 4.45' S 09052'04"E C/D /3018'//" 7.05' /.64' 0.82, 1..63' S/8030'08"W C// 5I00I'07" 7.05' 6.28' 3.36' 6.07' S 50039'47"W C12 54008'52" 6.96' 6.58' 3.56' 6.34' N 76045%3"W C13 240/0%6" 8.75' J.69' /.87' 3.66' S 52045%4"E CI4 34'49 56" 8.75' 5.32' 2.74' 5.24' S 820I520"E C15 40007'06" 10.50' 7.35' 3.83, 720' N 8800832"W C/6 73'39'36 18.48' /0.9/' 6.35' I0./7' N 24053'07"W C17 604253" 59.62' 6.99' 3.50, 6.98' N/8006'/4"E CIB 7'28 3I" 2/.82' 2.85' /.43' 2.85' N/6'55'00"E L/NE TABL E L/NE BEARING DISTANCE L/* N 760I2 52 W 25.58 L2* S/3047'08 W /07.//' L 3* S 64020 53'E 4.33' L 4* S 25039 07 W /09.45 * DENO TES TIE DIMENSIONS EXHIBIT A SHOWING POOL, CONCRETE PAD AREA SURROUNDING THE POOL, PAD FENCE Q CONCRETE DRIVE, LEGEND ENCROACHING INTO THE CITY'S/0'MAINTENANCE EASEMENT O PIN SET AND • PIN FOUND CONCRETE DRIVE, CONCRETE PAD * COMPUTED POINT AREA SURROUNDING THE POOL, FENCE Q FRAME SHED ENCROACHING BOUNDARY LINE AS SHOWN INTO THE ON RECORDED PLA T C/TY'S/0O'DRAINAGE EASEMENT BUILDING LINE L or/455 SUBDIVISION OF EASEMENT LINE RED MILL FARM(PHASE/) SHEET/ OF 4 SOUTH SHORE ESTATES VIRG/N/A BEACH, VIRG/N/A PL A T REFERENCE: M.B. 238, PG. 60 TIM FA L ON L AND SUR VEY/NG, PL L C DATE: 07-/8-2023 /5/39 CARROLL TON BL VD, DRA WN B Y.• MAD SUI TE C, P.O. BOX 169 JOB 4 22217 CARROLL TON,V/RGIN/A, 233/4 0 o TIMOTHY M.FALLON ? U No. 1659 D LOT 1431 LOT/432 07-1B-2023 PIN 5'PR/V4 TE DR (INACCESSIBLE) EASEMENT q//( GE <4No SUR��yO� ( ..9..238, PG 60) I S 64o20 53"E //0.26' PIN 50'pF/OO ` i (INACCESS/BLE) DRAINAGE EASEMENT O ` (M.B 238, PG.60J EDG -�E�M'A TER P/N(F) 2 FENCE 2 TOP OF BANK N /N 0.2' p ,,� �" P/N(F) 2 4 WOOD FE CE SHE oZ LOTI455 ti c m /0.3' 14.3' /O'MA/NTE'NANCE EASEMENT p (M.B.23B, PG.60J �u a W o I POOL 0 0° LOT/456 3 n S! OUND/NG:SHE:P00� `a � I FENCE OUT/.O' 2 g 5' N N4.8 /6.B' � 4'WOOD N B L Or/454 w FENCE N N N N 0 o p" 3k o I 2 STORY BRICK ^i hi FRAME HOUSE hi h I v ,{924 a h WOO 9.7' FENCE.: FENCE A /N 0.6' 22.2' (E St n 5'PRIVATE DRAINAGE ENT cr 3B, PG.60) O M.B.2 w � TEL EPHONE ✓UNCT/ON BOX(3) O 5'PR/VA T L-46.60' E DRAINAGE PIN(F) EASEMENT R 225.00' N 64o " (M.B.23g PG.6pJ � 20 53 /Y 27.38' SANDOVAL DRIVE P/N(F) (50'R/W) ® HATCH DENOTES AREA (MB. 238, PG 60) OF ENCROACHING CONCRETE= 609 SO.FT. ® HA TCH DENOTES AREA OF ENCROACHING POOL=214 SO.FT SHEET 2 OF 4 PLAT REFERENCE.- M.B. 238, PG. 60It TIM FALL ON LAND SURVEY/NG, PLLC DATE: 07-/8-2023 0' /0' 20, 40, /5/39 CARROLL TON BL VD, DRAWNBY,• MAD SUITE C, P.O. BOX I89 E. JOB jf 222/7 GRAPHIC SCALE./=20' CARROLL TON,VIRGIN/A, 233/4 2 � o TIMOTHY M.FALLON ? J No. 1659 D N/F N/F L 0 T 1431 LOT/432 07-18-2023 BHAVESH PATEL Q CHARLES HERR Q Q INAX/BHA VESH PA TEL 4 MOLLY J. HERR N0 SUR16- GP/N i'2414-68-4424 -4491 /NST.#'20060112000067110 GPIN f 728, P 1868 D.B. 472B, PG/868 S 64-2033"E //0 26' 'p gPpRO � E O q� 5'PR/VA TE OR /A NAGE FiQ \ EASEMENT W B.238 PG 60J I \ \ ---7-o.0F,04NK I 77.4I LF WOOD FENCE _ 2 ENCROACHMENT INTO p m EASEMENT FENCE IN 0.3 LOT/455 50'OF/00' CHRIS TOPHER M. RILEY ORq/N'4GE GP/N 4 2414-68-3295 EASEMENT /NSTif 20170719000605030 /M.B 238, PG 60) Or n� nip o I /0'MAINTENANCE SE 2 y n B EA yob �(M. . 238, PG ENT 60,1 C14 C/3 C12 v C15 h� IN ^m .CONCRETE PAO ti Q N O v SURROUNDING THE POOL coV = mp ao J a � � b STEPS Q. �N Q r Z WOOD DECK ® HA TCH DENO TES AREA OF ENCROACHING CONCRETE= 609 SO.FT. ® HA TCH DENO TES AREA OF ENCROACHING POOL=214 SO.FT SHEET 3 OF 4 PL A T REFERENCE: M.B. 238, PG. 60 s TIM FALL ON LAND SURVEYING, PL L C DA TE: 07-/8-2023 O' 5' /O' 20' /5/39 CARROL L TON BL VD, DRAWN BY.• MAD SU/TE Cl P.O. BOX/69 JOB if 22217 GRAPHIC SCALE.•/"-/O' CARROLL TON,VIRG/NIA, 23314 V0 N OF ,-� / 0 o TIMOTHY M. FALLON U No. 1659 D 07-/B-2023 <4AID S U00,3 N/F L 0 T 1432 CHARL ES HERR Q MOLL Y✓. HERR GP/N,{24/4-68-4491 D.B. 4728, PG 1868 W Z J � _ v FENCE 14.91 LF WOOD FENCE /N 0.2' ENCROACHMENT INTO V h _ EASEMENT Z_ O FRAME SHED 124 SO.FT b 10.3' o � o � ti I ko to v o W —� C\j L 3 EXHIBIT A SHOWING .CONCRETE POOL, CONCRETE PAD AREA DRIVEWAY a SURROUNDING THE POOL, PAD FENCE Q CONCRETE DRIVE, ENCROACHING INTO THE C/TY'S/0'MAINTENANCE EASEMENT AND CONCRETE DRIVE, CONCRETE PAD AREA SURROUNDING THE POOL, FENCE Q FRAME SHED ENCROACHING INTO THE C/TY'S/00'DRAINAGE EASEMENT LOT I455 ® HA TCH DENO TES AREA SUBDIVISION OF OF ENCROACHING CONCRETE= 609 SO.FT. RED MILL FARM(PHASE If HA TCH DENO TES AREA® SOUTH SHORE ESTATES OF ENCROACHING POOL= 214 SO.FT SHEET 4 OF 4 VIRG/N/A BEACH, VIRG/N/A PL A T REFERENCE: M.B. 238, PG. 60 TIM FA L ON L AND SUR VEYING PL L C DATE.- 07-18-2023 O' 5' /0' 20 15139 CARROLL TON BL VD, DRA WN B Y.• MAD SU/TE C, P.O. BOX 189 JOB Z 22217 GRAPHIC SCALE:/'-/0' CARROLL TON,VIRGINIA, 23314 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this day of3Vk4qh0V- , 20Z, by and between the CITY OF VIRGINIA BEACH. VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and CHRISTOPHER M. RILEY, 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 "1455" as shown on that certain plat entitled: "SUBDIVISION OF RED MILL FARM SECTION 22 PHASE ONE / SOUTH SHORE ESTATES PRINCESS ANNE BOROUGH — VIRGINIA BEACH, VIRGINIA," Scale: 1" = 60', dated July 20, 1994, prepared by Basgier and Associates, a Professional Corporation, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 238, at pages 60, 61, 62 and 63, and being further designated, known, and described as 924 Sandoval Drive, Virginia Beach, Virginia 23454; WHEREAS, it is proposed by the Grantee to maintain a 159.81 LF wood fence, 609 sq. ft. of concrete area, 10.3' x 12' frame shed, and 214 sq. ft. of pool area, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: 10' CITY- OWNED MAINTENANCE EASEMENT (NO GPIN ASSIGNED) 100' CITY - OWNED DRAINAGE EASEMENT (NO GPIN ASSIGNED) 2414-68-3295 (924 SANDOVAL DRIVE) WHEREAS, in maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of existing City easements known as a 100' drainage easement and 10' maintenance easement, collectively, the "Encroachment Areas"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Areas. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Areas for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Areas as shown on that certain exhibit plat entitled: "EXHIBIT A SHOWING POOL, CONCRETE PAD AREA SURROUNDING THE POOL, PAD FENCE & CONCRETE DRIVE, ENCROACHING INTO THE CITY'S 10' MAINTENANCE EASEMENT AND CONCRETE DRIVE, CONCRETE PAD AREA SURROUNDING THE POOL, FENCE & FRAME SHED ENCROACHING INTO THE CITY'S 100' DRAINAGE EASEMENT LOT 1455 SUBDIVISION OF RED MILL FARM (PHASE 1) SOUTH SHORES ESTATES VIRGINIA BEACH, VIRGINIA," Scale: 1" = 10', dated July 18, 2023, prepared by Tim Fallon Land Surveying, PLLC, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Areas in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the City may enter upon the Grantee's property for ingress and egress on an as needed basis in order to monitor Grantee's compliance with the terms of this Agreement, for routine maintenance activities upon public property adjacent to 924 Sandoval Drive, or at any time upon an event of noncompliance with the terms of this Agreement to enforce the terms of this Agreement; provided that City will provide at least ten (10) days' notice of such entry to Grantee, except when there is a threat of imminent harm, personal injury or property damage. City shall not unreasonably interfere with Grantee's use and quiet enjoyment of the Property. Any access authorized by this section shall be limited to the property with a street address of 924 Sandoval Drive. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Areas by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the attached Exhibit or in this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the 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 Areas, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, CHRISTOPHER M. RILEY, 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. c CITY OF VIRGINIA BEACH By: (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: ST PHER M. RIL STATE OF /R*N/A CITY/COUNTY OF 7 i;uh41 61.46 A , to-wit: The foregoing instrument was acknowledged before me this 2,S day of 2t)2.3, by Christopher M. Riley.4M l�'L— (SEAL) otary Public (440 tbY ,o Notary Registration Number: kOly'�S'y ' v .My Commission Expires: 03 -31- 24-77 � APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM A Ll� P L C WOR / REAL ESTATE . A YER ENIOR CITY ATTORNEY THIS IS TO CERTIFY THAT 4 TIMOTHY M. FALL ON A LAND SURVEYOR, ON 03-24-2023 SURVEYED THE PROPERTY SHOWN ON THIS PL AT, AND THAT THE TITLE LINES AND THE WALLS OF THE BUIL DING ARE AS SHOWN ON THIS PL A T. THE/MPRO VEMENTS S TA NO S TR/C TL Y W/THIN THE TI TL E LINES AND THERE ARE NO ENCROACHMENTS OR VISIBLE EASEMENTS, EXCEPT AS SHOWN. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT AND CONSEOUENTL Y MA Y NO T DEPIC T AL L MA T TERS AFF CT/ THE T/TL E OF THE PROPER Y SHOWN. SIGNED: TIMO THY M. FAL L ON L/C.j/659 2 / THIS PROPERTY SHOWN ON THIS PLAT APPEARS TO FALL /N O low FL DOD ZONE X'AND FL 0OD ZONE 'A£(EL 3)'AS SHOWN o TIMOTHY M. FALLON 0 ON THE FL 0OD INSURANCE RATE MAP, COMMUNITY 515531 t� No. 1659 D PANEL 0I38G DA TED 0I-I6-20I5 07-18-2023 4N0 Q- SURN1y0 CURVE TABLE CURVE DEL TA ANGLE RADIUS ARC LENGTH TANGENT CHORD LENGTH CHORD BEAR/NG C/ 2803131, 8.48' 4.22, 2.16, 4.18' N 26°I227'E C2 59044 05' 8.48' 8.84' 4.87' 8.45' N 70°20%5'E C3 2600052" 8.49' 3.85' I96' 3.82' N 8301859' W C4 39°4I%O' 7.38' 5.11' 2.66' 5.0/' N 840/4 40'E C5 49002%8' 7.38' 6.32' 3.37' 6.1.3' S 51023 35'E C6 /7034 43" 7.15, 2.19' It, 2.19' N 27036%O'W C7 31026,02` 5.39 2.96' 1.52' 2.92' N 52°06 33"W C8 39°2425" 6.99' 4.81' 2.50' 4.72' S 48°0722'E C9 37006%I' 6.99' 4.53' 2.35' 4.45' S 09052'04'E C/O /3°I8%I" 7.05' 1.64' 0.82, 16.3' S/B°30 OB'W C// 5I001'07" 7.05' 6.28' 3.36' 6.07' S 50°39'47'W Cl2 54008 52' 6.96' 6.58' 3.56' 6.34' N 76°45713`W C13 240/0%6' 8.75' 3.69' 1.87' 3.66' S 52045%4'E C14 3404956" 8.75' 5.32' 2.74' 5.24' S 8201520`E C15 40°07'06` 10.50' 7.35' 3.83, 7.20' N 86-0832'W C16 73039 36` 8.48' /0.9/' 6.35' I0.17' IN 24 053107'W C17 6°4253' 59.62' 6.99' 350' 6.98' N/8°06%4'E C18 70283/' 21..82' 2.85' /43' 2B5' N/6°55'00'E L WE TABL E L/NE BEARING DISTANCE LI* N 760I252 W 25.5B L2* S/3°4708 W /07.// L 3* 564020 53 E 4.33 L 4* S 25°39 07 W 109.45 * DENO TES TIE DIMENSIONS EXHIBIT A SHOWING POOL, CONCRETE PAD AREA SURROUNDING THE POOL, PAD FENCE 9 CONCRETE DRIVE, LEGEND ENCROACHING INTO THE' C/TY'S/O'MAINTENANCE EASEMENT O PIN SET AND • PIN FOUND CONCRETE DRIVE, CONCRETE PAD * COMPUTED POINT AREA SURROUNDING THE POOL, FENCE Q FRAME SHED ENCROACHING BOUNDARY LINE AS SHOWN INTO THE ON RECORDED PLA T CITY'S I00'DRAINAGE EASEMENT BUILDING LINE L 0 T 1455 SUBDIVISION OF EASEMENT LINE RED MILL FARM(PHASE/J SHEET/OF 4 SOUTH SHORE ESTA TES VIRG/N/A BEACH, VIRG/NIA PLATREFERENCE.• M.B. 238, PG. 60 TIM FALL ON LAND SURVEYING, PLLC DA TE.• 07-/8-2023 I / I 15139 CARROL L TON BL VD, DRA WN 8 Y. MAD I \"'�/ I SUITE C, P.0. BOX 189 o TIMOTHY M.FALLON ? U No. 1659 LOT/43/ L Or/432 ED EASEME T 4Np 5'PRIVATE DRA/NAGE � I 07-/B-2023 P/N N (O�(/NACCESS/BL ' I PG.60/ SURV� S 64"2053"E //0.26' P/N 50,OF/OO' A �� ` (/NACCESS/BLE) DRA/NAGE EASEMENT O (M.B.23B, PG 60) O P/N(F) z ` PR E E�W4 7-E`� ti FENCE oTOP OF BANK ti /N 0.2 rt� P/N(FJ 2 m 4 WOOD FE CE aSHE 0 2 L O T 1455 IN /O'M4/N7-EN,4NCE ►� EASEMENT p (M.B.23B, PG 60/ V a � � I POOL O O LOT/456 CONCRETE PAO n I s TRQU/VQ/NG iyE:POOL:: WOOD DECK ; OUT 9.5' ti9.9 .B,.3 /6.B' a � 4' WOOD N b 2 i, FENCE N N N N LOT/454 v I O m 2 STORY BRICK hi FRAME HOUSE v f924 N m I CO `1V00 9.7' FENCE: FENCE /N 0.6' p /4.5'�6 (6 22.2' (6 4 n 5'PR/VA TE DRA/NAGE EASEMENT O (M.B.23B, PG.601 to/Y.CRETE TELEPHONE ORIh�WA JUNCTION BOX(3) O 5'PR/Vq TE PIN(FJ L=46.60' EASEMENT DRA/NAGE f — R 225.00' Al 64 2053" (MB23B, PG 60) K' 27.36' — — SANDOVAL DRIVE P/N(F) (50'R/W) HA TCH DENOTES AREA (M.B. 238, PG 60) OF ENCROACHING CONCRETE- 609 SO.FT. ® HA TCH DENOTES AREA OF ENCROACHING POOL=2/4 SO.FT SHEET 2 OF 4 PL A T REFERENCE.- M.B. 238, PG. 60 6s TIM FA L ON L AND SURVEY/NG, PL L C DATE:07-/8-2023 0' io' 20, 40 ((� � I5/39 CARROLL TON BL VD, DRAWN BY.,,MAD I ��*/ I SUITE C, P.O. BOX/89 2 � o _ TIMOTHY M.FALLON ? I s No. 1659 D N/F I N/F L 0 T 143/ 07-18-2023 BHA VESH PA TEL 8 1 L O T 1432 < P INAX/BHA VESH PA TEL CHARL ES HERR Q 441D SURgo0 OPIN12414-68-4424 MOLL Y✓. HERR /1VST.p 20060112000067110 GP1N it 24/4-66-4491 D.B. 4728, PG 1868 S 6402053,E //Ops' p 4PPR0 EOGf \ 5,P Of * \ R/VA TE ORA/NAGS o ATfiq ` EASEMENT I \ 3B, pG 60 J \ TOP OF BgNN ? I 77.41 L F WOOD FENCE --- _ 2 ENCROACHMENT INTO O EASEMENT FENCE IN 0.3' LOT 1455 50'of/00' CHRISTOPHER M. R1L EY w ORA/NAGE GP/N qf 2414-68-3295 EASEMENT 111/ST.,f 20170719000605030 /M6 238, PG 6OJ �it O O y /O'MA/NTENANCE n�j 2 2 EASEMENT y (M.B. 23B, pG 60.) w V o C14 C/3 a s C12 Cj5 00 O N m CONCRETE PAD n V ? SURROUNDING. THE POOL a a O IZ in 6 I 3.TEPS p cz� N l WOOD DECK / ® HA TCH DENOTES AREA OF ENCROACHING CONCRETE- 609 SO.FT. ® HA TCH DENO TES AREA OF ENCROACHING POOL- 2/4 SO.FT SHEET 3 OF 4 PL AT REFERENCE: M.B. 238, PG. 60 /O' s TIM FA L ON L AND SURVEY/NG, PL L C ,5 DA T£. 07-/8-2023 D' ' 20' 15139 CARROLL TON BL VD, DRAWN BY. MAD I� SU/TE C, P.O. BOX/89 TIM FALL ON LAND SURVEYING, PLLC DATE. 07-/8-2023 0' ,5' /O' 20' RA n Y. I /5/39 E C, P.O. ON BL VD, I DRAWN BY.• MAD SUITE C, P. . BOX/B9 o �y o TIMOTHY M. FALLON U No. 1659 D 07-I8-2023 <4NO SUR'so"�O� N/F L Or/432 CHARL ES HERR& MOL L Y✓. HERR GPIN,f 24/4-68-449/ D.B. 4728, PG 1868 Z W � b J FENCE 14.91 LF WOOD FENCE O /N O.2' ENCROACHMENT INTO V h EASEMENT 4 FRAME SHED 124 SO.FT. p two b O I Zt ;t Q CO pOp� O 4 Q Q i i0 h ti O R a I t ak a � QW L 3 h W EXH/B/T A SHOWING CONCRETE POOL, CONCRETE PAD AREA DRIVEWAY �* SURROUND/Ns THE POOL, PAD FENCE d CONCRETE DRIVE, ENCROACHING INTO THE C/TY'S/O'MAINTENANCE EASEMENT AND CONCRETE DRIVE, CONCRETE PAD AREA SURROUND/NG THE POOL, FENCE 9 FRAME SHED ENCROACHING INTO THE C/TY'S/00'DRAINAGE EASEMENT ® HA TCH DENOTES AREA LOT/455 SUBDIVISION OF OF ENCROACHING CONCRETE- 609 SOFT.® HA TCH DENOTES AREA RED MILL FARM(PHASE/J OF ENCROACHING POOL=2/4 SO.FT SHEET 4 OF 4 SOUTH SHORE ESTA TESV/RG/N/A BEACH, V/RG/N/A PL A T REFERENCE.• M.B. 238, PG. 60 DATE.• 07-I8-2023 O' ^ TIM FA L L ON L A AD SURVEY/NG, PLLC DRAWN BY.- MAD 5' /O 20, 0 (\ � /5/39 CARROLL TON BL VD, 1 SUITE C, P.O. BOX 189 82 ITEM— V L.9 ORDINANCESIRESOL UTIONS ITEM#7486 7 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned property known as Lake Joyce and the 25'strip of City-owned property around Lake Joyce located at the rear of 4224 Ben Gunn Road re maintain existing pier,existing bulkhead, existing aluminum fence,and construct and maintain a landward pier extension and bulkhead DISTRICT 9 Voting: 9-0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth"Remick, Dr.Amelia N. Ross-Hammond,Joashua F. `Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse October 17, 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 JOYCE 7 AND THE 25' STRIP OF CITY-OWNED 8 PROPERTY AROUND LAKE JOYCE, 9 LOCATED AT THE REAR OF 4224 BEN 10 GUNN ROAD 11 12 WHEREAS, Mary J. Clarke, Trustee of the Mary J. Clarke Revocable Trust 13 dated February 7, 2017 (the "Applicant") has requested permission to maintain an existing 14 pier with a maximum encroachment of 52.4', an existing 136' concrete block bulkhead and 15 an existing 151.4' aluminum fence and to construct and maintain a 5' x 20' landward pier 16 extension with a maximum encroachment of 17.1' and a 151 linear foot timber bulkhead 17 with a maximum encroachment of 31.9' x 151' (collectively, the "Temporary 18 Encroachment") into a portion of a City-owned property known as Lake Joyce(GPIN: 1570- 19 80-2438) and the 25' strip of City-owned property around Lake Joyce, located at rear of 20 4224 Ben Gunn Road (GPIN: 1479-99-0217) and 21 22 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 23 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 24 the City's property subject to such terms and conditions as Council may prescribe. 25 26 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 30 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicant, its heirs, assigns 31 and successors in title are authorized to construct and maintain the Temporary 32 Encroachment as shown on the map entitled: "EXHIBIT `A' — ENCROACHMENT 33 REQUEST FOR AN EXISTING PIER, ALUMINUM FENCE, BULKHEAD AND PROPOSED 34 PIER EXTENSION & BULKHEAD FOR: MARY J. CLARKE 4224 BEN GUNN ROAD, 35 SECTION 1, LOT 41 BLOCK 1, BAYLAKE PINES M.B. 31, PG. 53," Scale: 1" =40', dated 36 January 20, 2023, prepared by Waterfront Consulting, Inc., a copy of which is attached 37 hereto as Exhibit"A" and on file in the Department of Public Works and to which reference 38 is made for a more particular description; 39 40 BE IT FURTHER ORDAINED, that the Temporary Encroachment is expressly 41 subject to those terms, conditions and criteria contained in the agreement between the City 42 of Virginia Beach and the Applicant (the "Agreement"), an unexecuted copy of which has 43 been presented to the Council in its agenda, and will be recorded among the records of the 44 Clerk's Office of the Circuit Court of the City of Virginia Beach; 45 i 46 BE IT FURTHER ORDAINED, that the City Manager or his authorized 47 designee is hereby authorized to execute the Agreement; and 48 49 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 50 such time as the Applicant and the City Manager or his authorized designee execute the 51 Agreement. 52 53 Adopted by the Council of the City of Virginia Beach, Virginia, on the 17 t h 54 day of October 20�3 55 56 57 58 CA15830 59 R-3 60 Prepared: 8/23/23 61 62 63 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL 64 SUFFICIENCY AND FORM: 65 66 67 68 P LTC WOR S, REAL ESTATE DA R. HARMEYER 69 SENIOR CITY ATTORNEY 2 CLARKE ENCROACHMENT EXHIBIT N 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. S 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE M.B.31 PG.53 RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. 5. NO NEW WATER OR ELECTRICAL SERVICES WILL BE REQUIRED FOR THIS PROJECT LAKE JOYCE EXISTING PIER MAX ENCROACHMENT OF 52.4' NOW OR FORMERLY *NO WATER OR POWER UTILITIES CITY OF VIRGINIA BEACH BAYSIDE LAKE JOYCE 'r 8' o0 24' - D.B.1018 P. 154 GPIN: 15708024380000 00 32' 8' 3i N fp may. PROPOSED 5'x20' LANDWARD N PROPOSED 151 L.F.TIMBER PIER EXTENSION WITH MAX qBULKHEAD MAXIMUM ENCROACHMENT OF 17.1' O ENCROACHMENT OF 31.9'x151' IN(F) 51 EXISTING ~ 11 1 �� 15'p OF ALUMINUM FENCE o 06 CITY-OW STRIPNEE D LAND 151.4'ENCROACHES .� CI O ��(MB 31 P 53) NO TREES TO BE REMOVED *TREE FENCING TO BE USED FOR(6) CONCRETE BLOCK TREES ON CITY PROPERTY SEE SHEET 2 BULKHEAD REAR PR PERTY LINE p,L T H 6,7 NOW OR FORMERLY DETERMINED BY SURVEY o MARYJ. CLARKE REVOCABLE SEALED BYJOHN F. HILL,JR. o o r- TRUST DATED FEBRUARY 7, 2017 ON 12/15/2021 SEC 1 LOT 41 BLK 1 p Z C Z Y o � ,,, GPIN: 14799902170000 0 SEAN E. GREEN 'P' w � m o INST:202203005749 -� o J � _ o Lic. No. 0402064005 0 � c' o N '� ° CO o 0 �- "-t - � N CD O -i rlo Z1 ' l0 0nvuji cc moo 8-8-23 G\� � - o I 1 STORY BRICK p � Q Q p o 0 SSIONA1.�-� Z p � z I #4224 BEN GUNN I N 0 � u ^' v � � `^ I 0 Lu W z I ZU0-, z 0 40 80 I I I N 61°00'W SCALE: 1"=40' PIN(F) I ` 100.0' PIN(F) J 33'TO P.C.AT BEN GUNN ROAD (50'RIGHT-OF-WAY) TREASURE ISLAND DR 7 REF: M.B. 31, PG. 53 EXHIBIT 'A' - ENCROACHMENT REQUEST FOR AN WC11 WATERFRONT EXISTING PIER, ALUMINUM FENCE, BULKHEAD AND CONSULTING, INC. PROPOSED PIER EXTENSION & BULKHEAD 2589 QUALITY COURT, SUITE 323 VIRGINIA BEACH, VA 23454 FOR: MARY J. CLARKE PHONE: (757) 619-7302 4224 BEN GUNN ROAD, SECTION 1, LOT 41 BLOCK 1, BAYLAKE PINES ENGINEERING SERVICES PROVIDED BY: M.B. 31, PG. 53 JANUARY 20, 2023 PAGE 1 OF 3 STONE GREEN CONSULTING,LLC 4014 MEDINA ROAD#1015,AKRON,OH 44333 ©2023 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED (330)883-2117 CLARKE ENCROACHMENT EXHIBIT N 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. S 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE M.B.31 PG.53 RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. 5. NO NEW WATER OR ELECTRICAL SERVICES WILL BE REQUIRED FOR THIS PROJECT LAKE JOYCE NOW OR FORMERLY CITY OF VIRGINIA BEACH BAYSIDE LAKE JOYCE D.B.1018 P. 154 GPIN: 15708024380000 38.7' -06 N iD PIN( 1 EXISTING \ 25'STRIP OF ALUMINUM FENCE \ CITY-OWNED LAND 151.4'ENCROACHES \ 0 (MB 31 P 53) EXISTING 136' ^r ' 23 7' �/ CONCRETE BLOCK BULKHEAD REAR PROPERTY LINE NOW OR FORMERLY DETERMINED BY SURVEY C o MARY J. CLARKE REVOCABLE SEALED BY JOHN F. HILL,JR. o Z o TRUST DATED FEBRUARY 7, 2017 En) ON 12/15/2021 SEAN E. GREEN o ( SEC 1 LOT 41 BLK 1 -' z o w GPIN: 14799902170000 12.6' Lic. No. 0402064005 Q -J C w > -' - ' o INST:202203005749 m - - o oLn 0 (1 0 � o °oN, '~14.1' .• ! •-� mo � 8-8-23 G\t( c20coaoo Z w "' LLcmoo SA n` 0ZI Ii r_l rl4 N� OS/O 00J 0 iq- - 0 - t o I 1 STORY BRICK U� #4224 BEN GUNN QO � 0 Z 00 NOFENCE oZo DIMENSION `^ � Iow � � Z 0 40 80 I I N 61°00'W SCALE: 1"=40' PIN(F) I 100.0' __ PIN(F) j �J 33'TO P.C.AT BEN GUNN ROAD (50'RIGHT-OF-WAY) TREASURE ISLAND DR i REF: M.B. 31, PG. 53 EXHIBIT 'A' - ENCROACHMENT REQUEST FOR AN WATERFRONT EXISTING PIER, ALUMINUM FENCE, BULKHEAD AND Ka CONSULTING, INC. PROPOSED PIER EXTENSION & BULKHEAD 2589 QUALITY COURT, SUITE323 VIRGINIA BEACH, VA 23454 FOR: MARY J. CLARKE PHONE: (757)619-7302 4224 BEN GUNN ROAD, SECTION 1, LOT 41 BLOCK 1, BAYLAKE PINES ENGINEERING SERVICES PROVIDED BY: M.B. 31, PG. 53 JANUARY 20, 2023 PAGE 2 OF 3 STONE GREEN CONSULTING,LLC 4014 MEDINA ROAD#1015,AKRON,OH 44333 ©2023 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED (330)883-2117 CLARKE ENCROACHMENT EXHIBIT TREE PROTECTION FENCING AND ARMORING DRIP LINE SNOW FENCE •0 00 M 0 I 0 0 BOARD FENCE 00 r CORD FENCE PLASTIC FENCE CORRECT METHODS OF TREE FENCING ALOO wo � NLTH OF r CORRECT TRUNK ARMORING O TRIANGULAR BOARD FENCE Z Source: Va. DSCW Plate 3.38-2 SEAN E. GREEN A Lic. No. 0402064005 8-8-23 EXHIBIT 'A' - ENCROACHMENT REQUEST FOR AN WATERFRONT EXISTING PIER, ALUMINUM FENCE, BULKHEAD AND CONSULTING, INC. PROPOSED PIER EXTENSION & BULKHEAD 2589 QUALITY COURT, SUITE 323 VIRGINIA BEACH, VA 23454 FOR: MARY J. CLARKE PHONE: (757)619-7302 4224 BEN GUNN ROAD, SECTION 1, LOT 41 BLOCK 1, BAYLAKE PINES ENGINEERING SERVICES PROVIDED BY: M.B. 31, PG. 53 JANUARY 20, 2023 PAGE 3 OF 3 STONE GREEN CONSULTING,LLC 4014 MEDINA ROAD#1015,AKRON,OH 44333 ©2023 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED (330)883-2117 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 30TK day of u�� , 20c23, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and MARY_J. CLARKE, TRUSTEE OF THE MARY J. CLARKE REVOCABLE TRUST DATED FEBRUARY 7. 2017, ITS 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 "41", Block 1" as shown on that certain plat entitled: "SUBDIVISION NO. 1 OF BAYLAKE PINES PRINCESS ANNE COUNTY, VA.," Scale: 1" = 100', dated February, 1954, 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 31, at page 53, and being further designated, known, and described as 4224 Ben Gunn Road, Virginia Beach, Virginia 23455; WHEREAS, it is proposed by the Grantee to maintain an existing pier with a maximum encroachment of 52.4', an existing 136' concrete block bulkhead and an existing 151.4' aluminum fence and to construct and maintain a 5' x 20' landward pier extension with a maximum encroachment of 17.1' and a 151 linear foot timber bulkhead with a maximum encroachment of 31.9' x 151', collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPINs: 1570-80-2438 (CITY PROPERTY LAKE JOYCE) 1479-99-0217 (4224 BEN GUNN ROAD) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Lake Joyce and a 25' strip of land around Lake Joyce, collectively, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT 'A' — ENCROACHMENT REQUEST FOR AN EXISTING PIER, ALUMINUM FENCE, BULKHEAD AND PROPOSED PIER EXTENSION & BULKHEAD FOR: MARY J. CLARKE 4224 BEN GUNN ROAD, SECTION 1, LOT 41 BLOCK 1, BAYLAKE PINES M.B.31, PG.53," Scale: 1" = 40', dated January 20, 2023, prepared by Waterfront Consulting, Inc., a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 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 City may enter upon the Grantee's property for ingress and egress on an as needed basis in order to monitor Grantee's compliance with the terms of this Agreement, for routine maintenance activities upon public property adjacent to 4224 Ben Gunn Road, or at any time upon an event of noncompliance with the terms of this Agreement to enforce the terms of this Agreement; provided that City will provide at least ten (10) days' notice of such entry to Grantee, except when there is a threat of imminent harm, personal injury or property damage. City shall not unreasonably interfere with Grantee's use and quiet enjoyment of the Property. Any access authorized by this section shall be limited to the property with a street address of 4224 Ben Gunn Road. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, MARY J. CLARKE, TRUSTEE OF THE MARY J. CLARKE REVOCABLE TRUST DATED FEBRUARY 7, 2017, the said Grantee, has caused this Agreement to be executed by her 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. CITY OF VIRGINIA BEACH By: (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: MARY J. CLARKE REVOCABLE TRUST DATED FEBRUARY 7, 2017 By: MARY P. CLARKE, Trustee STATE OF VIRGIMA CITY/�G9�lPd�Y OF V-rK6 z,-.'X, /;44o-wit: The foregoing instrument was acknowledged before me this 3 0 f4 day of U N , 2C23, by MARY J. CLARKE, Trustee of the Mary J. Clarke Revocable Trust dated February 7, 2017. "Notary (SEAL) �"� Notary Registration Number: EFEBRUARY E W�FARLLING WICKARD My Commission Expires: 1 � EGNOTARYPUON#BL77191 MONWEALTH OF VIRGINIA COMMISSION EXPIRES 29.2024 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SU IENCY AND FORM 4BLWOR S / REAL ESTATE ffARMEYER =FW CITY ATTORNEY CLARKE ENCROACHMENT EXHIBIT N 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 44 BOUNDARY SURVEY. S 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE M.B.31 PG.53 RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. 5. NO NEW WATER OR ELECTRICAL SERVICES WILL BE REQUIRED FOR THIS PROJECT LAKE JOYCE EXISTING PIER MAX ENCROACHMENT OF 52.4' NOW OR FORMERLY *NO WATER OR POWER UTILITIES CITY OF VIRGINIA BEACH BAYSIDE LAKE JOYCE 8' °° 24' D.B.1018 P. 154 GPIN: 157080243800DO 32' 8' o, N 6 PROPOSED 5'x20'LANDWARD PIER EXTENSION WITH MAX PROPOSED 151 L.F.TIMBER o_ ENCROACHMENT OF 17.1' 0 BULKHEAD MAXIMUM ENCROACHMENT OF 31.9'x151' IN(F) v 5, EXISTING ''- ,11' 1 0'ALUMINUM FENCE O 25'$TRIP OF 15I A'ENCROACHES N CITY4YOVI ED LAND NO TREES TO BE REMOVED O (MB 31 P 53) `TREE FENCING TO BE USED FOR(6) EXISTING 136'� n~i TREES ON CITY PROPERTY SEE SHEET 2 CONCRETE BLOCK \ _ u_+ BULKHEAD t p L T H 0 r NOW OR FORMERLY REAR PR PERTY LINE DETERMINED BY SURVEY MARY J.CLARKE REVOCABLE SEALED BY lOHN F.HILL,IR. TRUST DATED FEBRUARY 7,2017 ON 12/15/2021 SEC 1 LOT 41 BLK 1 } Z t z $o . W GPIN: 14799902170000 0 Ln SEAN E. GREEN � � m ^ ^ g INST.202203005749 0 , cc Lic. No. 0402 64005Rt �' m J O � g � N N r' WO �moc z 8 A� U. 1 ' IW OQ J CD O �SSONAIENG\ pQ� v ^ � I 1STORYBRICK 8 � Q000� o Z g N l iW224 BEN GUNN I°N' 3 � o �2 II IN 09 LuZ �+ I I Z CKNrv~i 2 0 40 80 l 1 I i N 61.00'W 1 SCALE:1"=40' PIN IF) 100.0' PIN IF) 33'TO P.C.AT BEN GUNN ROAD (50'RIGHT-OF-WAY) TREASURE ISLAND DR 7 REF: M.B. 31, PG. 53 EXHIBIT 'A'- ENCROACHMENT REQUEST FOR AN WATERFRONT EXISTING PIER, ALUMINUM FENCE, BULKHEAD AND CONSULTING, INC. PROPOSED PIER EXTENSION& BULKHEAD 2589 QUALITY COURT,SUITE 323 VIRGINIA BEACH, VA 23454 FOR: MARY J.CLARKE PHONE:(757)619-7302 4224 BEN GUNN ROAD,SECTION 1, LOT 41 BLOCK 1,BAYLAKE PINES ENGINEERING SERVICES PROVIDED BY: M.B.31, PG.S3 JANUARY 20, 2023 PAGE 1 OF 3 STONE GREEN CONSULTING,LLC A2023 WATERFRONT CONSULTING,INC. ALL RIGHTS RESERVED 4014 MEDINA RO30 N3015,AKRON,OH 44333 (3 )d83-2117 CLARKE ENCROACHMENT EXHIBIT N 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. E 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. S 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE M.B.31 PG.53 RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. 5. NO NEW WATER OR ELECTRICAL SERVICES WILL BE REQUIRED FOR THIS PROJECT LAKE JOYCE NOW OR FORMERLY CITY OF VIRGINIA BEACH BAYSIDE LAKE JOYCE D.B.1018 P. 154 GPIN: 15708024380000 38.7'0�N N PIN I ) EXISTING � ALUMINUM FENCE �.O 25'STRIP OF CfTY-0VAIED LAND 151.4'ENCROACHES I 0 9 � (MB 31 P 53) EXISTING 13—'z-�� 23. ' N CONCRETE BLOCK p L T H OF BULKHEAD y1 -4 REAR PROPERTY LINE p NOW OR FORMERLY DETERMINED BY SURVEY �.� o MARY J.CLARKE REVOCABLE v SEALED BY JOHN F.HILL,JR. O Z o r- TRUST DATED FEBRUARY 7,2017 P' un ON 12/15/2021 SEAN E. GREEN a J Z g SEC 1 LOT 41 BLK 1 ad 0 ,o uw GPIN: 14799902170000 12.6 LiC. N0. 0402 64005 m ^ 8 INST:202203005749 0 0 Ln .O Q � g � g N �~14.1'.. t?y . 8-8-23 G\\ O � OD Z "' �"D�mo° SS/ONAL 00 10 ' ' �8 Ix ry � 11 STORY BRICK O o• g O O W Z ^� *4224 BEN GUNK I N �V 0°O � FENCE Z ° " � Z ( °� � J ^ � DIMENSION - Z� w I � ? 0 40 80 1 1 1 N 61'00'W SCALE:1"=40' PIN IF) ' 100.0' PIN IF) 33'TO P.C.AT BEN GUNN ROAD(50'RIGHT-OF-WAY) TREASURE ISLAND DR 7 REF: M.B. 31, PG. 53 EXHIBIT 'A' - ENCROACHMENT REQUEST FOR AN WATERFRONT EXISTING PIER, ALUMINUM FENCE, BULKHEAD AND CONSULTING, INC. PROPOSED PIER EXTENSION & BULKHEAD F2589UALITY COURT,SUITE 323 VIRGINIA BEACH, VA 23454 FOR:MARY J. CLARKE PHONE:(757)619-7302 4224 BEN GUNN ROAD,SECTION 1, LOT 41 BLOCK 1, BAYLAKE PINES ENGINEERING SERVICES PROVIDED BY: M.B. 31,PG.53 JANUARY 20, 2023 PAGE 2 OF 3 STONE GREEN CONSULTING,LLC ®2023 WATERFRONT CONSULTING,INC. ALL RIGHTS RESERVED 4014 MEDINA ROAD M 83-2 AKRON,OH 44333 (330)83 2117 CLARKE ENCROACHMENT EXHIBIT TREE PROTECTION FENCING AND ARMORING DRIP LINE I SNOW FENCE r r r rma r BOARD FENCE 00 so CORD FENCE PLASTIC FENCE CORRECT METHODS OF TREE FENCING � L �{i � L ,,� ' ►i �t p L T H OF Now. .■ CORRECT TRUNK ARMORING Q� ONr TRIANGULAR BOARD FENCE Q SoufCe: Va. 10L` . - " SEAN E. GREEN D Lic. No. 0401 64005 A Q1.— s aN AL EN�'� EXHIBIT 'A'- ENCROACHMENT REQUEST FOR AN WATERFRONT EXISTING PIER, ALUMINUM FENCE, BULKHEAD AND CONSULTING, INC. PROPOSED PIER EXTENSION& BULKHEAD 2589 QUALITY COURT,SUITE 323 VIRGINIA BEACH, VA 23454 FOR: MARY J.CLARKE PHONE:(757)619-7302 4224 BEN GUNN ROAD,SECTION 1, LOT 41 BLOCK 1, BAYLAKE PINES ENGINEERING SERVICES PROVIDED BY: M.B.31, PG. 53 JANUARY 20, 2023 PAGE 3 OF 3 STONE GREEN CONSULTING,LLC 2023 WATERFRONT CONSULTING,INC. ALL RIGHTS RESERVED 4014 MEDINA ROAD M1015,AKRON,OH 44333 ® (330)883-2117 83 ITEM— V.L.10 ORDINANCESIRESOL UTIONS ITEM#74868 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BYCONSENT,Ordinance to APPROPRIATE$8.5-Million from General Fund Balance and TRANSFER as pay-go funding to Capital Project#100664 5131 Memorial Voting: 9- 0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth"Remick, Dr.Amelia N. Ross-Hammond,Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse October 17, 2023 1 AN ORDINANCE TO APPROPRIATE $8,500,000 FROM THE 2 FUND BALANCE OF THE GENERAL FUND AND TRANSFER 3 THE SAME AMOUNT AS PAY-GO FUNDING TO CAPITAL 4 PROJECT #100664 "5/31 MEMORIAL" 5 6 WHEREAS, the City of Virginia Beach selected Dills Architects, P. C., as the design 7 firm for the 5/31 Memorial in April 2023, and they have completed the 30% design; 8 9 WHEREAS, the City Council wishes to have a dedication for the memorial in May 10 2025; 11 12 WHEREAS, to meet the dedication date, the City needs to initiate the process to 13 procure construction, which will allow site work can begin between in early 2024; 14 15 NOW BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 16 VIRGINIA THAT: 17 18 $8,500,000 is hereby appropriated from the fund balance of the General Fund and 19 transferred as pay-as-you-go funding to Project #100664, "5/31 Memorial." 20 Adopted by the Council of the City of Virginia Beach, Virginia on the 17 t h day of October , 2023. Requires an affirmative vote by a majority of all the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: O�LH14�. dget a d anagement Services i y_ orn s-Off ice CA16338 R-1 October 4, 2023 84 ITEM— V.L.11 ORDINANCESIRESOL UTIONS ITEM#74869 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE Grant Funds totaling $72,122 from the Edward Byrne Justice Assistance Grant (JAG) to the FY 2023-24 Juvenile Domestic Relations Court Operating Budgets of($10,000) re contracted manpower and Police Department Operating Budget ($62,122) re purchase law enforcement equipment for the SWAT, Mounted, K-9 and Youth Services Units Voting: 9- 0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth"Remick Dr.Amelia N. Ross-Hammond,Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse October 17, 2023 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE BYRNE 2 JAG GRANT FUNDS FOR LAW ENFORCEMENT 3 PURPOSES 4 5 WHEREAS, the City Council provided an opportunity for public comment upon the 6 foregoing uses of federal funds at its October 17, 2023, Formal Session; 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA, THAT: 10 11 1. $72,122 is hereby accepted from the United States Department of Justice, 12 through the federal Fiscal Year 2022 Edward Byrne Justice Assistance Grant, 13 and appropriated, with federal revenue increased accordingly, to the following 14 departments, in the following amounts, and for the following purposes in their 15 Fiscal Year 2023-24 Operating Budgets: 16 17 a. $10,000 to the Virginia Beach Juvenile Domestic Relations Court for 18 contracted manpower 19 20 b. $62,122 to the Police Department for the purchase of law enforcement 21 equipment for the SWAT, Mounted, K-9, and Youth Services Units; 22 23 2. The Mayor, in his capacity as chief elected official of the City of Virginia Beach, 24 is hereby authorized to execute, on behalf of the City of Virginia Beach, all 25 necessary agreements, certifications, and assurances as instructed and 26 required by the United States Department of Justice. 27 28 3. The replacement of the above items purchased with these grant funds is 29 conditioned upon the receipt of future grant funds. Adopted by the Council of the City of Virginia Beach, Virginia on the 17 th day of October 2023. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget a Management Services ttorney's Office CA16333 R-1 October 4, 2023 85 ITEM— V.L.12 ORDINANCESIRESOL UTIONS ITEM#74870 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $63,356 from the Office of Executive Secretary of the Supreme Court of Virginia to the FY 2023-24 Commonwealth Attorney Operating Budget and AUTHORIZE local match(25%)provided by Human Services Department existing resources)re adult drug treatment court Voting: 9- 0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth"Remick Dr.Amelia N. Ross-Hammond,Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse October 17, 2023 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FROM THE SUPREME COURT OF VIRGINIA SPECIALTY 3 DOCKET GRANT FOR THE VIRGINIA BEACH ADULT 4 DRUG TREATMENT COURT AND TO AUTHORIZE A 5 LOCAL MATCH 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT- 9 10 1 . $63,356 is hereby accepted from the Office of the Executive Secretary of 11 the Supreme Court of Virginia and appropriated, with estimated revenues 12 from the Commonwealth increased accordingly, to the FY 2023-24 13 Operating Budget of the Commonwealth Attorney for the Adult Drug 14 Treatment Court. 15 16 2. The local match of 25% is hereby authorized from existing resources in the 17 FY 2023-24 Operating Budget of the Department of Human Services. Adopted by the Council of the City of Virginia Beach, Virginia on the 17th day of October , 2023. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and anagement Services City Attorney's Office CA16333 R-1 October 5, 2023 86 ITEM— V.L.13 ORDINANCESIRESOL UTIONS ITEM#748 71 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE$52,031 from the Library of Virginia, State Aid Grant to the FY 2023-24 Public Libraries Operating Budget repurchase books and other materials for the print and digital collections Voting: 9- 0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth"Remick, Dr.Amelia N. Ross-Hammond,Joashua F. `Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse October 17, 2023 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 FUNDS TO THE DEPARTMENT OF PUBLIC LIBRARIES 3 FOR THE PURCHASE OF BOOKS AND MATERIALS 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $52,031 from the Library of Virginia, State Aid Grant, is hereby accepted and 9 appropriated, with revenues increased accordingly, to the FY2023-24 Operating Budget 10 of the Department of Public Libraries to purchase books and other materials for the print 11 and digital collections of the Department of Public Libraries. Adopted by the Council of the City of Virginia Beach, Virginia on the 17th day of October , 2023. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget an Management Services i ttorney's Office CA16332 R-1 October 4, 2023 87 ITEM— V.L.14 ORDINANCESIRESOL UTIONS ITEM#748 72 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE$50,000from the Commonwealth of Virginia to the Human Services Operating Budget re treatment programs provided by the Substance Use Outpatient Services Program Voting: 9- 0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth"Remick; Dr.Amelia N. Ross-Hammond,Joashua F. `Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse October 17, 2023 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 STATE FUNDS TO THE DEPARTMENT OF HUMAN 3 SERVICES FOR THE SUBSTANCE USE 4 OUTPATIENT SERVICES PROGRAM 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $50,000 is hereby accepted from the Commonwealth of Virginia and appropriated, 10 with state revenue increased accordingly, to the FY 2023-24 Operating Budget of the 11 Department of Human Services for treatment programs provided by the Department's 12 Substance Use Outpatient Services Program. Adopted by the Council of the City of Virginia Beach, Virginia on the 17 th day of October 2023. Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget an Management Services Ci orney's Office CA16329 R-1 October 4, 2023 88 ITEM— V.L.1 S ORDINANCESIRESOL UTIONS ITEM#74873 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE$20;780 from the Virginia Department of Behavioral Health and Developmental Services to the FY 2023-24 Human Services Operating Budget re programs that address problem gambling Voting: 9- 0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth"Remick Dr.Amelia N. Ross-Hammond,Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse October 17, 2023 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 STATE FUNDS TO THE DEPARTMENT OF HUMAN 3 SERVICES FOR PROGRAMS ADDRESSING 4 PROBLEM GAMBLING 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $20,780 is hereby accepted from the Virginia Department of Behavioral Health and 10 Developmental Services and appropriated, with revenue from the Commonwealth 11 increased accordingly, to the FY 2023-24 Operating Budget of the Department of Human 12 Services for programs that address problem gambling. Adopted by the Council of the City of Virginia Beach, Virginia on the 17 th day of October 2023. Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget a d Management Services Ci ttorney's Office CA16328 R-1 October 4, 2023 89 ITEM— V.L.16 ORDINANCESIRESOL UTIONS ITEM#748 74 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $20,000 from the Summer Jobs Connect Program Grant to the FY 2023-24 Parks and Recreation Operating Budget re Summer Youth Employment Program Voting: 9- 0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M. Henley,Robert W. "Worth"Remick Dr.Amelia N. Ross-Hammond,Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse October 17, 2023 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS TO THE DEPARTMENT OF PARKS 3 AND RECREATION FOR THE SUMMER YOUTH 4 EMPLOYMENT PROGRAM 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT- 8 9 $20,000 is hereby accepted from the Summer Jobs Connect Program Grant and 10 appropriated, with revenue increased accordingly, to the FY 2023-24 Operating Budget 11 of the Department of Parks and Recreation for the Summer Youth Employment Program 12 to continue providing financial empowerment training and mentoring for Program 13 participants. Adopted by the Council of the City of Virginia Beach, Virginia on the 17th day of October , 2023. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY.- Budget and anagement Services orney's Office CA16331 R-1 October 4, 2023 90 ITEM— V.L.17 ORDINANCESIRESOL UTIONS ITEM#748 75 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $3,713 from the Virginia Department of Behavioral Health and Developmental Services to the FY 2023-24 Human Services Operating Budget AUTHORIZE$1,225 local match re Projectfor Assistance in Transitioningfrom Homelessness(PATH) program Voting: 9-1 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, 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 Voting Nay: Barbera M. Henley Council Members Absent: None October 17, 2023 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 STATE FUNDS TO THE DEPARTMENT OF HUMAN 3 SERVICES FOR THE PROJECT FOR ASSISTANCE IN 4 TRANSITIONING FROM HOMELESSNESS (PATH) 5 PROGRAM AND TO AUTHORIZE A LOCAL MATCH 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 1. $3,713 is hereby accepted from the Virginia Department of Behavioral 11 Health and Developmental Services and appropriated, with federal revenue 12 increased accordingly, to the FY 2023-24 Operating Budget of the 13 Department of Human Services for the PATH Program. 14 15 2. A local match in the amount of $1,225 is hereby authorized to be provided 16 from the FY 2023-24 Operating Budget of the Department of Human 17 Services. Adopted by the Council of the City of Virginia Beach, Virginia on the 17th day of October 2023. Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget a d Management Services Ci Attorney's Office CA16327 R-1 October 4, 2023 91 ITEM— V.MI PLANNING ITEMS ITEM#748 76 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council APPROVED, AS MODIFIED, AS CONDITIONED, BY CONSENT, application of W.W. REALTY ASSOCIATES, LLC&FRANK T. WILLIAMS for a Modification ofConditions to a Conditional Use Permit and Variance to Section 4.4(b) of the Subdivision Regulations re reconfigure two (2) lots at 5309 Morris Neck Road& adjoining western parcel DISTRICT 2 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA W.W. REALTY ASSOCIA TES,LLC& FRANK T. WILLIAMS for a Modification of Conditions to a Conditional Use Permit and Variance to Section 4.4(b) of the Subdivision Regulations re reconfigure two (2) lots at 5309 Morris Neck Road& adjoining western parcel(GPINs 2319321690, 2319223560)DISTRICT 2 The following conditions shall be required: Modification of Conditions: 1. All previous conditions attached to the Conditional Use Permit for Alternative Rural Residential Development approved on January 9, 2001, shall remain in effect, and Condition 2, as indicated below, shall be added. 2. The modification to the boundaries of the Agricultural/Open Space Preservation Easement shall encumber all of Parcel D-1, as depicted on the exhibit entitled "RE-SUBDIVISION PLAT OF PARCEL C & PARCEL D (INSTR. NO. 202100000013) VIRGINIA BEACH, VIRGIN14",prepared by MSA, dated February 2, 2023, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. Subdivision Variance: 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "RE-SUBDIVISION PLAT OF PARCEL C & PARCEL D (INSTR. NO. 202100000013) VIRGINL4 BEACH, VIRGINIA", prepared by MSA, dated February 2, 2023, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 2. The existing single-family dwelling on Parcel C shall be demolished prior to the recording of the Resubdivision Plat. 3. The proposed Parcel C-1 shall only be developed with one single-family residence. October 17, 2023 92 ITEM— V.M.1 PLANNING ITEMS ITEM#74876 (Continued) 4. A note shall be added to resubdivision plat establishing that Parcel D-1 is encumbered by an Agricultural/Open Space Preservation Easement (INSTR. NO. 200407270115274) which restricts the use of the parcel to open space and agricultural uses only. This Ordinance shall be effective in accordance with Section 107(t)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 17'h day of October Two Thousand Twenty Three. Voting: 9-0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth"Remick; Dr.Amelia N. Ross-Hammond,Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse October 17, 2023 - ---- --- - - - i a r� =a FO [} a ,as R30 z - ju o AG�1 I" L G b�o AG2 I� AG2 oo CO Oo o � AG2 AG 1 i AG 1 AG2_------ � ® Site W.W. Realty Associates, LLC & Frank T. N� Property Polygons Williams Zoning 5309 Morris Neck Road & adjoining Building western parcel Feet 0 65130 260 390 520 650 780 93 ITEM- V.M.2 PLANNING ITEMS ITEM#74877 The following registered to speak.- Rob Beaman, Attorney for Applicant, 222 Central Park Avenue, Phone: 647-7797, spoke in SUPPORT Seth Quick, representing Yimby Hampton Roads, 142 Maharis Road, Phone: 692-6113, spoke in OPPOSITION Bob Richardson, President-Indian River Plantation, 2789 Nestlebrook Trail, Phone: 373-1717, spoke in OPPOSITION John Cromwell, President - Farm Bureau, 3116 New Bridge Road, Phone: 426-7578, spoke in OPPOSITION Billy Vaughan, Chair-Agriculture Advisory Commission, 2337 Vaughan Road, Phone: 621-7575, spoke in OPPOSITION Rick Boyles,President- Virginia Beach Council of Civic Organizations, 4992 Euclid Road#1,Phone:333- 3299, spoke in OPPOSITION Lisa Hartman, representing Christopher Farms Phase 3 Home Owners Association, 2737 Pleasant Acres Drive, Phone: 609-5679, spoke in OPPOSITION Thomas Luckman, representing West Neck Community Association, 3192 Gallahad Drive, Phone: 705- 1789, spoke in OPPOSITION Mark Johnson, representing Back Bay Restoration Foundation, 1087 Horn Point Road, Phone: 435-3524, spoke in OPPOSITION Michael Pearne, representing Princess Anne Courthouse Community Association, 2601 Cantwell Road, Phone: 808-483-0688, spoke in OPPOSITION Reagan Grohler, representing Coastal Virginia Building Industry Association, 908 Maryland Avenue, Phone: 317-730-2918, spoke in SUPPORT Caroline Kent, Phone:509-9409, did not respond Michele Lane, 2320 Country Glen Court, Phone: 343-8946, spoke in OPPOSITION Sharon Prescott, 1748 Nanny's Creek Drive, Phone: 426-2811, spoke in OPPOSITION Susan Tolley, 2624 Cantwell Road, Phone: 373-6877, spoke in OPPOSITION Mike Wisloski, 3120 Gallahed Drive, Phone: 703-867-3546, spoke in OPPOSITION Mark Lane, 2302 Country Glen Court, Phone: 779-4720, did not respond Larry Walker, 2500 Calumet Drive, Phone: 407-1332, spoke in OPPOSITION Mark Burgess, 2116 Broadacres Court, spoke in OPPOSITION Stephen Hartman, 2 73 7 Pleasant Acres Drive, spoke in OPPOSITION Cherie Bock, 2004 Thoroughbred Drive, Phone: 348-8080, did not respond Dave Hansen, 2501 General Forrest Circle, Phone: 434-1286, spoke in SUPPORT Rhonda Mixer, 2501 Calumet Drive, Phone: 535-2949, spoke in SUPPORT Maryanne Garland, 2740 Cantwell Road, Phone: 620-6105, spoke in OPPOSITION Mark Bierce, 3316 Sacramento Drive, Phone: 636-6800, spoke in OPPOSITION Dino Pietrantoni, 2369 Litchfield Way,Phone:284-6654, spoke in OPPOSITION John Spencer, 2323 Country Glen Court, Phone: 850-512-9343, spoke in OPPOSITION Austin Pittman, 115 Little Acorn Trail,Moyock,NC, Phone: 647-1891, spoke in SUPPORT Myra Payne, 165 Hughes Avenue, Phone: 816-0718, spoke in OPPOSITION DuffKliewer, 2533 Virginia Beach Boulevard,Phone: 431-0033, spoke in SUPPORT John Perryman, 2816 Energy Drive, Phone: 410-610-7591, spoke in OPPOSITION October 17, 2023 94 ITEM— V.M.2 PLANNING ITEMS ITEM#74877 (Continued) Chance Wilson, spoke in SUPPORT Sandra de los Rios, 2809 Christopher Farms Drive, Phone: 837-8607, spoke in OPPOSITION Ryan McCartney, 2728 Christopher Farms Drive, Phone: 602-615-1402, spoke in OPPOSITION Phillip Newallo, 1029 Smoke Tree Lane, Phone: 714-5195, spoke in SUPPORT Clinton Mills, President—Princess Anne Plaza Civic League, 309 Bethune Drive,Phone: 409-7755, spoke in OPPOSITION Donna Siller, 2728 Christopher Farms Drive, Phone: 724-2352, spoke in OPPOSITION Albert Henley, 3112 Cole Chester Road, Phone: 426-6991, spoke in OPPOSITION Kim Mayo, 1408 Bradford Road, Phone: 450-3011, spoke in OPPOSITION Martha Thereault, 4311 Black Beard Road, Phone:287-2808, did not respond Fran Sansone, representative of the Princess Anne Plaza Civic League, 3601 Presidential Circle, Phone: 831-9111, spoke in OPPOSITION After City Council discussion, Council Member Henley made a motion, seconded by Council Member Taylor, to DENY application of FRANKLIN JOHNSTON GROUP MANAGEMENT & DEVELOPMENT, LLC/ADDIE S. VANDEMEL 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, Modi tcation of Proffers re expand and add 176 additional units and a Variance to Section 4.4(b) of the Subdivision Regulations re reconfigure two (2) lots for a portion of 2737 Princess Anne Road&eastern adjoining parcel, 2520 Allie Nicole Circle DISTRICT 2 Council Member Schulman then made a SUBSTITUTE MOTION, seconded by Council Member Ross- Hammond, to APPROVE application of FRANKLIN JOHNSTON GROUP MANAGEMENT & DEVELOPMENT, LLC/ADDIE S. VANDEMEL REVOCABLE TRUST& ET AL, WILLIAM E. & PHYLLIS H. SAWYER, KEELING WOOD 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, Modification of Pro ers re expand and add 176 additional units and a Variance to Section 4.4(b) of the Subdivision Regulations re reconfigure two (2) lots for a portion of 2737 Princess Anne Road& eastern adjoining parcel, 2520 Allie Nicole Circle DISTRICT 2 October 17, 2023 95 ITEM— V.M.2 PLANNING ITEMS ITEM#74877 (Continued) Voting: 7-2 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Joashua F. "Joash" Schulman, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley Chris Taylor Council Members Absent: Jennifer Rouse October 17, 2023 96 ITEM— V M.2 PLANNING ITEMS ITEM#74877 (Continued) Upon motion by Council Member Schulman, seconded by Council Member Ross-Hammond, City Council APPROVED, AS MODIFIED, AS PROFFERED, AS CONDITIONED, application of FRANKLIN JOHNSTON GROUP MANAGEMENT & DEVELOPMENT, LLC /ADDLE S. VANDEMEL 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,Modification ofPro ers re expand and add 176 additional units and a Variance to Section 4.4(b) of the Subdivision Regulations re reconfigure two (2) lots for a portion of 2737 Princess Anne Road& eastern adjoining parcel, 2520 Allie Nicole Circle DISTRICT 2 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA FRANKLIN JOHNSTON GROUP MANAGEMENT & DEVELOPMENT, LLC /ADDLE S. VANDEMEL REVOCABLE TRUST & ET AL, WILLIAM E. & PHYLLIS H. SAWYER, KEELINGWOOD APARTMENTS, LLC for a Conditional Change o Zonin from AG-1&AG-2 Agricultural Districts to Conditional A- 18 Apartment District with Workforce Housing Overlay District, Modification of Pro ers re expand and add 176 additional units and a Variance to Section 4.4(b) of the Subdivision Regulations re reconfigure two (2)lots for a portion of 2 73 7 Princess Anne Road& eastern adjoining parcel, 2520 Allie Nicole Circle (GPINs 1494547938, 1494543861, 1494534876) DISTRICT 2 The following conditions shall be required: An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court. Proffers for Conditional Rezoning&Modification of Proffers: Proffer 1: When developed, the Added Property shall be developed in substantial conformity with the conceptual site plan entitled "The Silo at Southern Pines Conceptual Development Plan", dated May 31, 2023, and prepared by Timmons Group(the "Concept Plan'), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Proffer 2: The quality of architectural design and materials of the multifamily residential buildings constructed on the Added Property, when developed, shall be in substantial conformity with the exhibit prepared by Cox, Kliewer& Company, P.C., entitled "The Silo at Southern Pines Conceptual Elevations"and dated May 31, 2023(the "Elevations'), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. October 17, 2023 97 ITEM— V.M.2 PLANNING ITEMS ITEM#74877 (Continued) Proffer 3: The number of multifamily residential units located on the Added Property, when developed, shall not exceed a total of one hundred seventy-six(176). Not less than thirty(30)percent of the total number of residential units developed on the Added Property will be "workforce housing units"as defined in Section 2102 of the Zoning Ordinance. Proffer 4: Landscaping installed on the Added Property, when developed, shall be in substantial conformity with that shown on the exhibit prepared by Timmons Group, entitled "The Silo at Southern Pines Conceptual Planting Plan", and dated May 31, 2023 (the "Landscape Plan'), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. The exact species of the various types of landscaping shall be determined at final site plan review. Proffer S: The community identification sign on the Added Property shall be a monument-style sign not exceeding eight (8)feet in height, and the design and the materials used for the sign will be compatible with the building materials and design used for the multifamily residential buildings depicted on the Elevations. Proffer 6: The final stormwater management plan submitted to the Development Services Center(DSC) during the site plan review process for the development of the Added Property shall comply with applicable City Stormwater Management Ordinance(s). Proffer 7: Except as expressly modified by the Agreement,all other covenants, restrictions and conditions proffered as part of the Original Proffers shall remain unchanged and are incorporated herein by reference. Condition for Subdivision Variance: Prior to final site plan approval, the applicant, or the applicant's successors or assigns shall submit a Resubdivision Plat to the Virginia Beach Department of Planning for review and approval. Said Plat shall be substantially as shown the exhibit entitled "Subdivision Variance Exhibit of 11.687 acres Fronting Princess Anne Road for The Franklin Johnston Group",dated October 13, 2023, and prepared by Timmons Group, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. October 17, 2023 98 ITEM— V.M.2 PLANNING ITEMS ITEM#74877 (Continued) This Ordinance shall be effective in accordance with Section 107(j)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the I rh day of October Two Thousand Twenty Three. Voting: 7-2 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Robert W "Worth" Remick, Dr. Amelia N. Ross-Hammond, Joashua F. `Joash" Schulman, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley Chris Taylor Council Members Absent: Jennifer Rouse October 17, 2023 Q4 v S C1t�T Of V1rg1Y11�. B eaCrl .- L n : r Zo 2 5 04. Op OUR NA00vZ VBWv.00m ROBERT W."WORTH"REMICK CELL:(757)840-5855 COUNCIL MEMBER EMAIL:WRemickPvboov.com DISTRICT 6 File No. 0085021 October 17, 2023 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(I) Dear Mrs. Barnes: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(I), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding Franklin Johnson Group Management & Development, LLC's application for a conditional rezoning, modification of proffers, and subdivision variance, for property located at 2737 Princess Anne Road and the eastern adjoining parcel 2529 Allie Nicole Circle for a multifamily housing development that will be known as The Silo at Southern Pines. 2. The Franklin Johnston Group is the project developer, and it is a client of Colliers International. I have a personal interest in Colliers International Virginia, LLC ("Colliers") because I am an employee of the firm, and its address is 150 West Main Street, Suite 1100,Norfolk, Virginia 23510. Although the Franklin Johnston Group is a client of Colliers with respect one or more other development projects, Colliers currently has no involvement in this project, and the applicant's disclosure form indicates that the applicant does not have a real estate broker/agent/realtor for current and anticipated further sales of the subject property. 3. The City Attorney's Office has advised me that although the Franklin Johnston Group is a client of Colliers, because I do not personally provide services to the Franklin Johnston Group, the Act provides that I may participate in the City Council's discussion and vote on this application,upon disclosure of this interest. 2401 COURTHOUSE DRIVE,SUITE 2116,VIRGINIA BEACH,VIRGINIA 23456 Mrs. Amanda Barnes -2- October 17, 2023 Re: Disclosure Pursuant to Virginia Code §2.2-3115(1) 4. I hereby disclose the facts above and declare that I am able to participate in such transactions fairly, objectively, and in the public interest. I respectfully request that you record this declaration in the official records of the City Council. Thank you for your assistance in this matter. Sincerely, WortARemnic Councilmember RVWR/RRI a�4G1NIA-$F.gcb. 4 O CITY OF VIRGINIA BEACH U INTER-OFFICE CORRESPONDENCE F � OUR NPtloN In Reply Refer To Our File No. DF-11046 DATE: October 6, 2023 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson DEPT: City Attorney RE: Conditional Zoning Application; Franklin Johnston Group Management & Development, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on October 17, 2023. 1 have reviewed the subject proffer agreement, dated May 23, 2023 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: City Manager's Office Prepared by: Robert P.Beaman III,Esq.(VSB No.74668) Troutman Sanders LLP 222 Central Park Avenue,Suite 2000 Virginia Beach,Virginia 23462 MODIFICATION OF PROFFERED COVENANTS,RESTRICTIONS AND CONDITIONS THIS MODIFICATION OF PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS (this "Agreement"), made this 23 day of May , 2023 , by and between FRANKLIN JOHNSTON GROUP MANAGEMENT & DEVELOPMENT LLC, a Virginia limited liability company ("FJG", to be indexed as grantor); and JOYCE VANDERMEL WASSUM AND VIRGINIA VANDERMEL PAULEY, Co-Trustees of the Addie S. Vandermel Revocable Trust dated January 16, 2014; JOYCE VANDERMEL WASSUM;VIRGINIA VANDERMEL PAULEY; SUSAN VANDERMEL GODWIN;AMY VANDERMEL SHEPARD; WILLIAM EVERETT SAWYER; ELGIA L.EASTER,Trustee of the Elgia and Mary Easter Declaration of Trust dated July 16, 2015; GRACE SAWYER WOODY;WILLIAM E.EVERETT;PHYLLIS H.SAWYER; (collectively"Sawyer Family", and to be indexed as grantor); and KEELINGWOOD APARTMENTS,LLC,a Virginia limited liability company ("Keelingwood", to be indexed as grantor) (FJG, Sawyer Family, and Keelingwood hereinafter collectively referred to as "Grantors"); and the CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia(hereinafter referred to as the "Grantee", and to be indexed as grantee). WITNESSETH: WHEREAS, JOYCE VANDERMEL WASSUM and VIRGINIA VANDERMEL PAULEY, Co-Trustees of the Addie S. Vandermel Revocable Trust dated January 16, 2014; JOYCE VANDERMEL WASSUM, VIRGINIA VANDERMEL PAULEY, SUSAN VANDERMEL GODWIN and AMY VANDERMEL SHEPARD; WILLIAM EVERETT SAWYER; ELGIA L. EASTER, Trustee of the Elgia and Mary Easter Declaration of Trust dated July 16, 2015; and GRACE SAWYER WOODY, are the current owners of that certain parcel containing approximately 6.5 acres located in the City of Virginia Beach, Virginia, identified by GPIN 1494-54-7938-0000 ("Parcel A"), as more particularly described in Exhibit A attached hereto and incorporated herein by reference; and WHEREAS,WILLIAM E. SAWYER and PHYLLIS H. SAWYER are the current owners of that certain parcel containing approximately 4.93 acres located in the City of Virginia Beach, Virginia, identified by GPIN 1494-54-3861-0000 ("Parcel B"), as more particularly described in Exhibit B attached hereto and incorporated herein by reference; and GPIN: 1494-54-7938-0000; 1494-54-3861-0000; 1494-53-4876-0000 161004100v] WHEREAS, FJG is the current contract purchaser of those portions of Parcel A and Parcel B that are described in Exhibit C attached hereto and incorporated herein by reference(the"Added Property"); and WHEREAS, Keelingwood is the owner of the real property described on Exhibit D attached hereto (the "Original Property"), which Original Property is currently zoned Conditional A-18, and is subject to certain recorded proffered covenants, restrictions, and conditions pursuant to the Agreement by and between Franklin Johnston Group Management & Development, L.L.C., Trustees of First Lynnhaven Baptist Church, and Grantee dated January 31, 2014, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia (the "Clerk's Office") as instrument number 20140711000631540(the"Original Proffers"); WHEREAS, FJG and Sawyer Family have initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Added Property from AG-1 &AG-2 to Conditional A-18; and WHEREAS, Grantor desires to amend and modify certain of the covenants, restrictions, and conditions set forth in the Original Proffers as provided herein, in order to incorporate the Added Property into the Original Proffers, subject to the terms of this Agreement; and WHEREAS,the conditions set forth in the Original Proffers may only be amended or varied by written instrument recorded in the Clerk's Office and executed by the record owner of the Property, provided that said instrument is consented to by the Grantee by ordinance or resolution adopted by the governing body of the Grantee,after a public hearing properly advertised pursuant to Section 15.2- 2204 of the Code of Virginia, 1950(as amended),which said ordinance or resolution shall be recorded along with the amendment as conclusive evidence of such consent. NOW THEREFORE, the Grantors, for themselves, their successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning,rezoning, site plan,building permit or subdivision approval,hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Added Property and hereby covenant and agree that these proffers (collectively,the"New Proffers")shall constitute covenants running with the said Added Property, which shall be binding upon the Added Property and upon all parties and persons claiming under or through the Grantors, their heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: The following proffered conditions are hereby added to the Original Proffers with respect to the Added Property, and shall be the proffered conditions applicable to the Added Property(but shall not affect the Original Property): 1. When developed, the Added Property shall be developed in substantial conformity with the conceptual site plan entitled "The Silo at Southern Pines Conceptual Development Plan", 2 162906395v1 dated May 31, 2023, and prepared by Timmons Group (the "Concept Plan"), a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. The quality of architectural design and materials of the multifamily residential buildings constructed on the Added Property, when developed, shall be in substantial conformity with the exhibit prepared by Cox, Kliewer& Company, P.C., entitled "The Silo at Southern Pines Conceptual Elevations"and dated May 31,2023 (the"Elevations"),a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. 3. The number of multifamily residential units located on the Added Property, when developed, shall not exceed a total of one hundred seventy-six (176). Not less than thirty (30) percent of the total number of residential units developed on the Added Property will be "workforce housing units" as defined in Section 2102 of the Zoning Ordinance. No residential unit will be developed within that portion of the Added Property located in the Interfacility Traffic Area as of the date of this Agreement. 4. Landscaping installed on the Added Property, when developed, shall be in substantial conformity with that shown on the exhibit prepared by Timmons Group, entitled "The Silo at Southern Pines Conceptual Planting Plan",and dated May 31,2023 (the"Landscape Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council. The exact species of the various types of landscaping shall be determined at final site plan review., 5. The community identification sign on the Added Property shall be a monument- style sign not exceeding eight (8) feet in height, and the design and the materials used for the sign will be compatible with the building materials and design used for the multifamily residential buildings depicted on the Elevations. 6. The final stormwater management plan submitted to the Development Services Center(DSC) during the site plan review process for the development of the Added Property shall comply with applicable City Stormwater Management ordinance(s). 7. Except as expressly modified by this Agreement, all other covenants, restrictions and conditions proffered as part of the Original Proffers shall remain unchanged and are incorporated herein by reference. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantors covenant and agree that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the 3 162906395v1 ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions,including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement,the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and(4)the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee. [Remainder of Page Intentionally Left Blank. Separate Signature Page to Follow.] 4 162906395v1 IN WITNESS WHEREOF,the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: FRANKLIN JOHNSTON GROUP MANAGEMENT&DEVELOPMENT,LLC, a Virginia limited liability company By: Name: 2 1 G mil' n kli t'1 Title: Manager By: Name: r- L ,�(, Title: Manager STATE/COMMONWEALTH OFV"Ivo(__ CITY/COUNTY OF �/Gii�- �P,Q ,to-wit: The foregoing instrument was sworn to and acknowledged before me this �_4day of (,arc , 2023, by W4ndt/1 0,. and 7' 1 r' nk in their capacities as Managers of Franklin Johnston Group MaAagement & Development, LLC, a Virginia limited liability company. He is either personally known to me or has produced as identification. Witness my hand and official stamp or seal this A�ay ofTC`� ,2023. Notary Public (SEAL) My Commission Expires: 3 Registration Number: 7olPQ Barbara Maureen Byrnes 4 a� Notary Public Reg!l7069820 Commonwealth of Virginia 5 157311312v3 IN WITNESS WHEREOF,the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: (,,� 1Y �tlY'CE VANDERMEL WASSUM, Co-Trustee of the Addie S. Vandermel Revocable Trust dated January 16,2014 UOYCE VANDERMEL WASSUM STATE/COMMONWEALTH OF CITY/COUNTY OF V/,�y�,v� ,to-wit: The foregoing instrument was sworn to and acknowledged before me this day of _ , 2023, JOYCE VANDERMEL WASSUM, as Co-Trustee of the Addie S. Vandermel ftevocable Trust dated January 16, 2014 and Individually. S/He is either personally known to me or has produced as identification. Witness my hand and official stamp or seal this A %ay of Y11454 ,2023. -� Notary Public (SEAL) ,.\S\3SM4 My Commission Expires: Z' o co 4f - Registration Number: /y/ G -2—" N IS s N Illilt 6 1573113120 IN WITNESS WHEREOF,the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: 1 VIRGfNL4,VANDERMEL PAULE , Co-Trustee of the Addle S. Vandermel Revocable Trust dated January 16,2014 VIRG A VANDERMEL PAULEY STATE/COMMONWEALTH OF 1111 Q CITY/COUNTY OFy1U1n1A P)eCj(jj to-wit: The foregoing instrument was sworn to and acknowledged before me this day of _ __, 2023, VIRGINIA VANDERMEL PAULEY, Co-Trustee of the Addie S. Vandennel Revocable Trust dated January 16, 2014 and Individually. S/He is either personally known to me or has produced d 11 V Ch l 1 CCYISe as identification. Witness my hand and official stamp or seal thisl-51"day of MCI" ,2023. Notary Public (SEAL) My Commission Expires: 05/ 31/2-02 j Registration Number: 1��2µ� .•` PpR�L tF,b��'•• '�pRl'p•. F L IjMg r oN r • �D; 79272 92 ER �244 =Q 157311312v1 Avftntisign ID:530D5F3F-E8F8-ED11-907A-6D45BDD47FEA IN WITNESS WHEREOF,the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: U SU AN VANDERMEL GODWIINT STATE/COMMONWEALTH OF y/,e CITY/COUNTY OF �/,[� ,� f ,t��cl� ,to-wit: The foregoing instrument was sworn to and acknowledged before me this.4-4� day of —A,4./ , 2023, SUSAN VANDERMEL GODWIN. S/He is either personally known to me or has produced as identification. Witness my hand and official stamp or seal this.ls ay of � 2023. Notary Public (SEASPN M. �� Z. �-Z_442 . , My Commission Expires: ' 0— _ tpF2Y _ C� M Y C� Registration Number: / l/3 = o' umj3eR sio� 157311312VI 8 Au ftntsrgn ID:MODSHF-EBF&ED11-907A-W45BDD47FEA IN WITNESS WHEREOF,the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: AMY VAIVDERAEL SHEPARD STATE/COMMONWEALTH OF V CITY/COUNTY OF y�L9ia/a eQ to-wit: The foregoing instrument was sworn to and acknowledged before me this "-"bay of 2023,AMY VANDERMEL SHEPARD.S/He is either personally known to me or has p aced as identification. Witness my hand and official stamp or seal this-2-'S-'-A"day of �'K ,2023. Notary Public (SEAL) ,�`�ttlllrrr,� My Commission Expires: pl;��= Registration Number: / p/-46 G _�' C MM6 rot 1.91366R H OF',\�•L�• '��rrrlltttt�� 157311312vl 9 IN WITNESS WHEREOF,the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: WII.LIAM EVERETT SAWYER,a/k/a WILLIAM E.SAWYER STATE/COMMONWEALTH OF Ui ►rSc YOCA, C, OCOUNTY OF V` 1r�i vt i . �P06A,to-wit: The foregoing instrument was sworn to and acknowledged before me this 3'0 day of _LN� 2023,WILLIAM EVERETT SAWYER,a/k/a WILLIAM E. SAWYER. S/He is either ersonally known tome or has produced DVi I-C VS as identification. Witness my hand and official stamp or seal this 3 0day of Ma-k4 2023. Notary Public (SEAL) My Commission Expires: l rJ r - '�oL 1 Registration Number: �_ a t A4 Expire: � 6 Comm.� r o ' 7215513 bo�`t ......... I'TI�0Al l0 1573113120 Authentisign ID:530D5F3F-E8F8-ED11-907A48045BDD47FFA IN WITNESS WHEREOF,the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: PHY IS H.SAWYER STATE/COMMONWEALTH OF V 1 f-I y\1C`, CI 'COUNTY OF ��t11c` pf�.V !,to-wit: The foregoing instrument was sworn to and acknowledged before me this 3 t7 day of 2023,PHYLISS H. SAWYER. S/He is either personally known to me or has produced ;rl tYS W C^4� . as identification. Witness my hand and o3`icial stamp or seal this 3 day of M j 2023. Notary Public (SEAL) My Commission Expires: /`�� 0Qo0v, %°��°vt�CFoe, Registration Number: o� ARy~'�5p`� u [ MY comm. m Z m o j;; �2I55i3 Qq rAa2'o�''�Zz C,••'••0�=eon e,�oo°j eeoaa�°�o4�v 11 157311312vl IN WITNESS WHEREOF,the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: AA EASTER, Trustee of the Elgia and Mary Easter Declaration of Trust dated July 16,2015 STATE/COMMONWEALTH OF V rs m&, CITY/COUNTY OF _�3(A b l4 (;�_,to-wit: The foregoing instrument was swom to and acknowledged before me this -14""day of Ntl 2023,ELGIA EASTER, Trustee of the Elgia and Mary Easter Declaration of Trust dked July 16, 2015. S/He is either personally known to me or has produced dWf,rK L4 e�P•�-1� as identification. Witness my hand and official stamp or seal this 1Sr'day of }+1,,�. .2023. JA-_ Notary Public (SEAL) SCOTT FULTON My Commission Expires: q -3U`8 v 2 L Notary public Cam M-eaith of Virginib Registration No, 7153626 My Commission Expires Sep 30,2026 Registration Number: —)IS3IO2Z_ 12 157311312v] IN WITNESS WHEREOF,the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: -,� .L �, GRACE SAWYER WOODY STATE/COMMONWEALTH OF CITY/COUNTY OF lwll-/ ,to-wit: The foregoing instrument was sworn to and acknowledged before me this 2-3 day of 2023,GRACE SAWYER WOODY. S/He is either personally known to me or has produced- 42 nk&7 [./ as identification. Witness my hand and official stamp or seal this day of�L ,2023. t Notary Aubli (SEAL) My Commission Expires: Z ` �`� GOT T1 Np��r�i Registration Number: za: of 5EE'} C; S/6N EXPIV'e � Q 13 157311312v1 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: KEELINGWOOD APARTMENTS,LLC,a Virginia limited lia ill c ny By: Name: Title: Manager STATE/COMMONWEALTH OF CITY/COUNTY OF V ,d i to-wit: The foregoing instrument was swom to and acknowledged before me this o';kn day of 2023, by LV. Ta lg- F=r lire and in his ca acity as Manager of Keelingwood Apartments, LLC, a Virginia limited liability company. He is either personally known to me or has produced as identification. Witness m hand and official stamp or seal this no) Y p � day of 2023. Notary Public (SEAL) My Commission Expires: l0 J Do23 Registration Number: Yap Barbara Maureen Byrnes Notary Public Reg#7069820 Commonwealth of Virginia 14 1573113120 EXHIBIT A Legal Description GPIN: 1494-54-7938-0000 ALL THAT certain tract, piece or parcel of land, in Seaboard Magisterial District, City of Virginia Beach (formerly Princess Anne County), Virginia consissting of 7.817 acres and described as Parcel A as shown on that certain "Subdivision of Property of R. Everett Sawyer and R. G. Moore and Frances Moore"dated June 25, 1985 made by Talbot and Associates,Ltd.,and recorded July 12, 1985 in the Clerk's Office in the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2426 at Page 496, et seq. together with any buildings and improvements thereon and with all rights of way and drainage. SAVE AND EXCEPT the property conveyed to the Commonwealth of Virginia, by deed of Mary V. Sawyer,Trustee of THE SAWYER FAMILY TRUST u/a dated July 3, 2002, in its deed dated July 10, 2007, which deed is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20071003001343980. 15 1573113120 EXHIBIT B Legal Description GPIN: 1494-54-3861-0000 All that certain lot, piece or parcel of land, lying, situate and being in the City of Virginia Beach,Virginia,known as 5.011 Acres as shown on "Survey of Part of R. Everett Sawyer's Property, Princess Anne Borough, Virginia Beach, Virginia, for R. Everett Sawyer, Scale 1"=100', Date: Dec. 26, 1974" by James C. Hickman, Certified Land Surveyor, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 108 at page 41. Said conveyance is hereby expressly subject to a reservation of right of way along a 20 foot existing lane as shown on said Plat for R.Everett Sawyer,his heirs,assigns and devisees. LESS AND EXCEPT property conveyed to the Commonwealth of Virginia by deed dated August 17,2007 and recorded in the aforesaid Clerk's Office December 17,2007 as Instrument Number 20071217001658220. 16 1573113120 EXHIBIT C Depiction of Added Property Beginning at a point located on the southern right-of-way line of Princess Anne Road.Thence, S44°18' 45"W for a distance of 328.19'to a point;thence,S44°00'47"W for a distance of 347.66'to a point; thence, N51° 16' 20"W for a distance of 363.12'to a point;thence N38°52'32"E a distance of 275.65'to a point;thence, N51`46'29"w a distance of 26.79'to a point;thence, N38°28' 14"E a distance of 381.71' to a point on the southern right of way line of Princess Anne Road;Thence, along said right of way line S53° 14'54"E a distance of 455.14'to the true point and place of beginning. Containing 272,876 square feet or 6.26 acres, more or less. 17 161004100v1 EXHIBIT D Description of Original Property ALL that certain lot,piece or parcel of land,together with the improvements thereon, situate,lying and being in the City of Virginia Beach,Virginia,together with the appurtenances,riparian and other water rights thereto known and designated as PARCEL B-1 15.682 ACRES on a plat entitled "Subdivision of Parcel 'B' Courthouse Baptist Church(M.B.246,Pg. 91),Princess Anne Borough,Virginia Beach,Virginia",which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia as Instrument No. 20150623000581990,together with a 24 foot wide private ingress/egress easement running across Parcel A for the benefit of Parcel B as depicted on the plat recorded in Map Book 246 at page 91. TOGETHER WITH those certain rights,privileges and easements contained in the Declaration of Twenty-Four Foot Private Ingress and Egress Easement to benefit Parcel B recorded in the Clerk's Office of the Circuit Court of City of Virginia Beach,Virginia in Deed Book 3549,at page 1710 and shown on plat recorded in Map Book 246 at page 91. TOGETHER WITH rights of ingress and egress as provided by two certain Variable Width Public Ingress/Egress and Pedestrian Access Easements as shown on plat entitled "Resubdivision Plat of Courthouse Marketplace,Virginia Beach,Virginia," recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,as Instrument Number 200412220199793. IT BEING a portion of the same property conveyed to Wayne Andrews,Frankie L. Copeland,Earl Holland,Earnest Jones,Joyce Leach,Valerie Matthews,Eugene Rose, Samuel Simmons,James L. Singleton,Jr.,Jacob Valery,Ralph Wormley and Laurice Yarn,Trustees of First Lynnhaven Baptist Church by deed from Norman S. Smith,Leslie W. Smith and Lonnie Glossin,Trustees of the Courthouse Baptist Church of Virginia Beach,dated April 14, 1997 and recorded April 18, 1997 in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia in Deed Book 3729 at page 1544. Correction Deed recorded May 21, 1997 in Deed Book 3741 at page 1919. 18 157311312v3 i I I �„' s _ rn® zr,wrT ----m— - �%"•,r�i i'I X " a .rnoee ,m� .row_ ssr„xre Mw nlEa,rJ rZ— i 1 I I �I 'see ``I I ' �I .,o �• INSET • er�er`w,rw>En� I �I wrx,rw rsr �.�, ��i i • xa, •,au.�r —�—_ws�a+r•w v,e.w e ` I I • e, I I 1Tt.sMSQ. j�X • I 0R 6.6 — I I I 1,n5)FAr�1z,a0a 0Mo) • I I I IY I al IL i IL i II I I e L L Am L w PRINCESS 16 ROAD ,\ Z W/ ROUTETE/85 6jl VARUIBLEDTH ROW 4 STATE H/GHWAY PRQ/ECT 0165.13I-lPo5,C-501, RVI'201 \, I SUBDIVISION VARIANCE EXHIBIT m ° , s«mcEoc rHs suROEr�asco w.rE rmclnu OF oR °'E"sz«mn�.n„ �„no.. ,�,', 11.687ACRES t m EIn�s. r .�a " m n o g.ro s sEo �no :W ro�e,s�" FRONTING PRINCESS ANNE RD a res FOR 'ems ftECeo. , „ ca,rtnnmosn,urrvs�ruti cnas o rn,�wralEs UNE TABLE THE FRANKLIN JOHNSTON GROUP nr renme 1J1E tFMDTH VIRGMIA BEACH,VIRGINIA — cswrex�.rosa,cn)swus one .. oa newno`m smvfr P1�osss.unls noT.areaNswno.wo �, sm•sr,aw nn scuerxsr Date:f0/13/23 Sca/e: 1-=50' Leo ararrevse �,• a.,r Sheetl of 1 l.N.5 Drown by:BMN Checkked bdby :1HF 10 v AG'I G2 °s 82 . G2,- �� • �� 2 R1 ? B 1 AG2 A ,Q2 G1 "1 A 18131 v A G 1 r �� B 1 02 c !, 4 B r Site Franklin Johnston Group Management & Development, Property Polygons p g p t, LLCM ' Zoning 2737 Princess Anne Road & eastern adjoining parcel, Building 2520 Allie Nicole Circle Feet 0 80160 320 480 640 800 960 99 ITEM— V.M.3 PLANNING ITEMS ITEM#748 78 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council APPROVED, AS MODIFIED,AS CONDITIONED,BY CONSENT, application of COMMONWEALTH BREWING COMPANY,LLC/COMMONWEALTHBREWING COMPANY,LLC& CITY OF VIRGINLI BEACH for a Street Closure of a portion of Lake Drive adjacent to 2444 Pleasure House Road DISTRICT 9 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA COMMONWEALTH BREWING COMPANY, LLC / COMMONWEAL TH BRE WING COMPANY,LLC& CITY OF VIRGINIA BEACH for a Street Closure of a portion of Lake Drive adjacent to 2444 Pleasure House Road (GPINs 1570501631, 1570502725) DISTRICT 9 The following conditions shall be required: Street Closure: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City of Virginia Beach shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures,"approved by City Council. 2. The applicant, or the applicant's successors or assigns shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat must include the dedication of(a)a public utility easement over the entire "Area I"of the Right-of-Way;and(b)a public drainage easement over the entire "Area 1"of the Right-of-Way, which easements are subject to approval of the Department of Public Utilities and Department of Public Works, respectively, and the City Attorney's Office, and which easements shall include a right of reasonable ingress and egress. 3. The applicant or the applicant's successors or assigns shall convey "Area 2"of the closed portion of the right-of-way to the City of Virginia Beach. 4. The applicant or the applicant's successors or assigns shall verb that no private utilities exist within "Area 1" of the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided and shall be recorded after the final resubdivision plat is recorded with the Clerk of Circuit Court. 5. Prior to the finalization of the street closure, if any improvements are to remain or be constructed in the public utility and drainage easements to be dedicated over Area 1 of the Right-of-Way or within Area 2 of the Right-of-Way to be conveyed to the City of Virginia Beach, the Applicants shall apply for an encroachment agreement with the City for the improvements located or to be located in the public utility and drainage easements over Area I of the Right-of-Way and within Area 2 of the Right-of-Way. October 17, 2023 100 ITEM— V.M.3 PLANNING ITEMS ITEM#74878 (Continued) 6. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within three hundred sixty-five (365) days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved for recordation within one (1) year of the City Council vote to close the rights-of-way, the approval shall be considered null and void. Modifications of Conditions: 1. All conditions attached to the existing Conditional Use Permits approved by the Virginia Beach City Council on December 9, 2014 shall be null and void and replaced with the conditions listed below. 2. The site shall be developed in substantial conformance with the submitted plan entitled "Commonwealth Brewing Company—Conceptual Site Plan"dated August 27, 2023, by John Sandow Engineering,LLC, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning& Community Development. 3. Prior to final site plan approval, the applicant, or the applicant's successors or assigns,shall resubdivide the properties and vacate internal lot lines to consolidate the lots. The plat must be submitted and approved for recordation by the Department of Planning & Community Development. 4. The applicant shall submit a site plan to the Department of Planning & Community Development, Development Services Center, within 90 days from the date of City Council approval of the request and have permits in hand to begin work within one year. 5. The existing trees and shrubs along Northampton Boulevard shall remain to screen the use from the highway. The existing row of evergreen shrubs along the southern lot line shall remain to screen the use from the adjoining residence. 6. All designated parking areas shall be paved and striped to meet City Code requirements. Except the parking area designated as "Parking Area E" on the Conceptual Site Plan may use gravel as an alternative parking surface for a maximum period of five(5)years from the date of City Council approval of the request. Upon expiration of the five year period or until the applicant acquired the adjoining parcel (4704 Judge Lane), whichever the earlier, the applicant shall pave and stripe "Parking Area E" in accordance with City Code requirements. 7. Prior to final site plan approval, a Lighting Plan in accordance to Section 252 of the Zoning Ordinance, or as amended,shall be submitted to the Department of Planning and Community Developmentfor review and approval.All lighting on the site shall conform to the standards set forth in Section 252 of the Zoning Ordinance. October 17, 2023 101 ITEM— V.M.3 PLANNING ITEMS ITEM#748 78 (Continued) 8. Prior to final site plan approval, the applicant shall submit a Shared Parking Agreement to the Department of Planning & Community Development for review and approval for properties addressed 2444 and 2456 Pleasure House Road. The Shared Parking Agreement shall state: With the exception of the 1,000 square foot unit at 2456 Please House Road that is leased for wholesaling and distribution and only operates from 5:00 AM to 3:00 PM, Monday through Thursday with one (1) employee onsite, no other space within the building at 2456 Pleasure House Road shall be leased, licensed or permitted to be used for any purpose that requires the provision of any parking and results in the Craft Brewery not meeting the minimum onsite parking required by the Zoning Administrator under Section 203(b)(11). 9. Except on those limited occasions where a Special Event Permit is granted,which may permit live entertainment/amplified sound outdoors after 10:00 AM and no later than 8:00 PM, live entertainment and the use of amplified sound will only be allowed inside the building when all the doors and windows are closed. 10. Deliveries shall only occur from 8:00 a.m. to 5:00 p.m. The size of the truck shall be limited such that no portion of the truck shall encroach into the public right-of-way while parked on- site. This Ordinance shall be effective in accordance with Section 107(fl of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 17' day of October Two Thousand Twenty Three. Voting: 9- 0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth"Remick, Dr.Amelia N. Ross-Hammond,Joashua F. `Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse October 17, 2023 1 ORDINANCE APPROVING APPLICATION OF 2 COMMONWEALTH BREWING COMPANY, LLC 3 FOR THE CLOSURE OF A PORTION OF LAKE 4 DRIVE ADJACENT TO 2444 PLEASURE HOUSE 5 ROAD 6 7 WHEREAS, Commonwealth Brewing Company, LLC, a Virginia limited liability 8 company (the "Applicant"), applied to the Council of the City of Virginia Beach, Virginia, 9 to have the hereinafter described portion of an improved right-of-way discontinued, 10 closed, and vacated; and 11 12 WHEREAS, it is the judgment of the Council that said portion of right-of-way be 13 discontinued, closed, and vacated, subject to certain conditions having been met on or 14 before one (1) year from City Council's adoption of this Ordinance. 15 16 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 17 Beach, Virginia: 18 19 SECTION 1 20 21 That the hereinafter described portion of unimproved right-of-way (the "Right-of- 22 Way") be discontinued, closed and vacated, subject to certain conditions being met on 23 or before one (1) year from City Council's adoption of this ordinance: 24 25 ALL THOSE certain pieces or parcels of land situate, lying and 26 being in the City of Virginia Beach, Virginia, designated and 27 described as "AREA 1 / PORTION OF ROW AREA: 5,053 SF 28 (0.11 AC)" and "AREA 2 / EAST PORTION OF ROW AREA: 29 2,077 SF (0.05 AC)", and shown as the cross hatched area on 30 that certain street closure exhibit entitled: "STREET 31 CLOSURE EXHIBIT SHOWING PORTION OF LAKE DRIVE 32 BETWEEN BLOCKS 6 AND 11, CHESAPEAKE SHORES 33 (MB. 8, P. 82, MB. 9, P. 61 AND INSTR.#2017315000214250) 34 TO BE CLOSED VIRGINIA BEACH, VIRGINIA", Scale: 1" _ 35 30', dated July 18, 2023, prepared by John Sandow 36 Engineering, LLC, a copy of which is attached hereto as 37 Exhibit A. 38 39 SECTION II 40 41 The following conditions must be met on or before one (1) year from City 42 Council's adoption of this ordinance: 43 44 No GPIN Assigned (City Right-of-Way) 45 Adjacent GPINs: 1570-50-2725, 1570-50-2959 & 1570-50-3916 46 1. The City Attorney's Office will make the final determination regarding 47 ownership of the underlying fee. The purchase price to be paid to the City of Virginia 48 Beach shall be determined according to the "Policy Regarding Purchase of City's 49 Interest in Streets Pursuant to Street Closures," approved by City Council. 50 51 2. The Applicant, or the Applicant's successors, or assigns shall resubdivide 52 the property and vacate internal lot lines to incorporate the closed area into the 53 adjoining parcels. The resubdivision plat must be submitted and approved for 54 recordation prior to the final street closure approval. Said plat must include the 55 dedication of (a) a public utility easement over the entire "Area 1" of the Right-of-Way; 56 and (b) a public drainage easement over the entire "Area 1" of the Right-of-Way, which 57 easements are subject to approval of the Department of Public Utilities and Department 58 of Public Works, respectively, and the City Attorney's Office, and which easements shall 59 include a right of reasonable ingress and egress. 60 61 3. The Applicant, or the Applicant's successors or assigns, shall convey 62 "Area 2" of the Right-of-Way to the City of Virginia Beach. 63 64 4. The Applicant, or the Applicant's successors or assigns, shall verify that 65 no private utilities exist within "Area 1" of the Right-of-Way proposed for closure. If 66 private utilities do exist, easements satisfactory to the utility company must be provided 67 and shall be recorded after the final resubdivision plat is recorded with the Clerk of 68 Circuit Court. 69 70 5. Prior to the finalization of the street closure, if any improvements are to 71 remain or be constructed in the public utility and drainage easements to be dedicated 72 over Area 1 of the Right-of-Way or within Area 2 of the Right-of-Way to be conveyed to 73 the City of Virginia Beach, the Applicants shall apply for an encroachment agreement 74 with the City for the improvements located or to be located in the public utility and 75 drainage easements over Area 1 of the Right-of-Way and within Area 2 of the Right-of- 76 Way. 77 78 6. Closure of the Right-of-Way shall be contingent upon compliance with the 79 above stated conditions within 365 days of approval by City Council. If the conditions 80 noted above are not accomplished and the final plat is not approved for recordation 81 within one (1) year of the City Council vote to close the Right-of-Way shall be 82 considered null and void. 83 84 SECTION III 85 86 1. If the preceding conditions are not fulfilled on or before October 16, 2024, 87 this Ordinance will be deemed null and void without further action by the City Council. 88 89 2. If all conditions are met on or before October 16, 2024, the date of final 90 closure is the date the street closure ordinance is recorded by the City Attorney. 91 3. In the event the City of Virginia Beach has any interest in the underlying 92 fee, the City Manager or his designee is authorized to execute whatever documents, if 93 any, that may be requested to convey such interest, provided said documents are 94 approved by the City Attorney's Office. 95 96 4. The City Manager or his designee is further authorized to execute all 97 documents that may be necessary or appropriate in connection with accepting "Area 2" 98 of the Right-of-Way, including such terms, conditions and modification as may be 99 acceptable to the City Manager and in a form deemed satisfactory to the City Attorney. 100 101 SECTION IV 102 103 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 104 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 105 VIRGINIA BEACH (as "Grantor") and COMMONWEALTH BREWING COMPANY LLC 106 ("Grantee"). 107 108 Adopted by the Council of the City of Virginia Beach, Virginia, on this 17 t h day 109 of October 2023 110 111 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF 112 THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: coo Planning Department City Attorney CAI 6061 llvbpov.comldfsl lapplica6onslcirylaMcycom321wpdocs1dO271p0471009 1 57 1 5.doc R-1 September 29, 2023 REFERENCES: LEGEND AND ABBREVIATIONS: N 1. BOUNDARY INFORMATION TAKEN FROM BOUNDARY AND BSL BUILDING SETBACK LINE TOPOGRAPHIC SURVEY PREPARED BY MID-ATLANTIC SURVEYING ESMT EASEMENT AND LAND DESIGN AND DATED 06/23/2021. ROW RIGHT OF WAY DENOTES TOTAL AREA OF ROW TO BE CLOSED (7,130 SF(0.16 AC) NOTES: AREA 1 5,053 SF/0.11 AC 1. THIS EXHIBIT IS INTENDED TO SHOW THE INTENDED LOCATION AND AREA 2 2,077 SF/0.05 AC NATURE OF THE EXTENT OF THE PROPOSED ROAD CLOSURE AND EASEMENTS INDICATED RELATIVE TO THE OTHER ITEMS SHOWN. N , BEERY VEN'TIIRES LL 74'1942"W ry F INST20190131000080 �� MB 9 PG 61 4 31.42' GPIN: 1570-50-2959 0 (G.B. 1,3J1, PG. 29B) �T '� S74' 19 .80"eS O CITY OF NIF � �, M 6MCN o� 0 10.5' ` 113.75 J PS-3O2 y (D.B. 1301, PG 296) cry0 2 ��?' (MB,6P/N9, PC. 61) • 15705OJ9160000 M 40' 18.20"E 90.0 hr tY S74' 19' 41.80"E��J 90.00' '"�1 74'1 2' Q�Q N15' 40' 18.20"E��- ...,., 3 36.13 a� IA 50.00' I AREA 2 / EAST 0 510)P V PORTION OF ROW AREA: 2,077 SF (0.05 AC)R 20.00 E O SY 28' 32.70"W 31,42' >�y„�" J 51.15' 19 7 • .t9' 4 0"W Z `••• �- 124. 6' N74' 19' 41.80" 0 H 46.94' / N� '0 AREA 1 / PORTION Q 0 c C ONwEALTH BREWING COMPANY OF ROW = vj PARCEL A, s SHORES CHESAPEAKE SHORES � AREA: 5,053 SO 1— Z i TR#20170315000214250; MB 8 P 82 Q,11 AC it INST#20220301125.001 ) I Q GPIN: 1570-50-2725-0000 I Z STREET CLOSURE EXHIBIT SHOWING: PORTION OF LAKE DRIVE BETWEEN BLOCKS 6 AND 11, CHESAPEAKE SHORES(MB.8,P.82,MB.9,P.61 AND I NSTR1201731500021 4250)TO BE CLOSED VIRGINIA BEACH,VIRGINIA C58b JULY 18,2023 / SCALE: 1"=30' DB:JS CB: JS JSE PROJECT#: 0662101 John Sandow Engineering,LLC 4104 Clintwood Lane 0 20 40 Virginia Beach,VA 23452 Phone:757-377-6971 111 11 , 1Feet www.johnsandowengineering.com SCALE.1"=30' !/ R5R �/R5 a� R5'R ake Sri�- � B2 0 R5R B � R5 R A'12 p� o ace z age. R5R A1�2 e N ® Site Property Polygons Commonwealth Brewing Company, LLC w t= Portion of the 50-foot right-of-way of Lake Drive, east of Pleasure S Zoning Building House Road & 2440 & 2444 Pleasure House Road Feet 01530 60 90 120 150 180 102 ITEM— VM.4 PLANNING ITEMS ITEM#748 79 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council APPROVED, AS MODIFIED,AS CONDITIONED,BY CONSENT, application of COMMONWEALTH BREWING COMPANY,LLC/COMMONWEAL THBREWING COMPANY,LLC& CITY OF VIRGINIA BEACH for a Modi acation of Conditions to a Conditional Use Permit re expand to accommodate additional outdoor seating and parking spaces at 2440 and 2444 Pleasure House Road of a portion of Lake Drive adjacent to 2444 Pleasure House Road DISTRICT 9 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA COMMONWEALTH BREWING COMPANY, LLC / COMMONWEALTHBREWING COMPANY,LLC&CITY OF VIRGINIA BEACH for a Modification of Conditions to a Conditional Use Permit re expand to accommodate additional outdoor seating and parking spaces at 2440 and 2444 Pleasure House Road of a portion of Lake Drive adjacent to 2444 Pleasure House Road(GPINs 1570501631, 15 70502 725) DISTRICT 9 The following conditions shall be required: 1. All conditions attached to the existing Conditional Use Permits approved by the Virginia Beach City Council on December 9, 2014 shall be null and void and replaced with the conditions listed below. 2. The site shall be developed in substantial conformance with the submitted plan entitled "Commonwealth Brewing Company—Conceptual Site Plan"dated August 27, 2023, by John Sandow Engineering, LLC, which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning& Community Development. 3. Prior to final site plan approval, the applicant, or the applicant's successors or assigns, shall resubdivide the properties and vacate internal lot lines to consolidate the lots. The plat must be submitted and approved for recordation by the Department of Planning & Community Development. 4. The applicant shall submit a site plan to the Department of Planning & Community Development, Development Services Center, within ninety (90) days from the date of City Council approval of the request and have permits in hand to begin work within one year. 5. The existing trees and shrubs along Northampton Boulevard shall remain to screen the use from the highway. The existing row of evergreen shrubs along the southern lot line shall remain to screen the use from the adjoining residence. October 17, 2023 103 ITEM— V.M.4 PLANNING ITEMS ITEM#74879 (Continued) 6. All designated parking areas shall be paved and striped to meet City Code requirements. Except the parking area designated as "Parking Area E"on the Conceptual Site Plan may use gravel as an alternative parking surface for a maximum period offive(5)years from the date of City Council approval of the request. Upon expiration of the five-year period or until the applicant acquired the adjoining parcel (4704 Judge Lane), whichever the earlier, the applicant shall pave and stripe "Parking Area E"in accordance with City Code requirements. 7. Prior to final site plan approval, a Lighting Plan in accordance to Section 252 of the Zoning Ordinance, or as amended, shall be submitted to the Department of Planning and Community Development for review and approval. All lighting on the site shall conform to the standards set forth in Section 252 of the Zoning Ordinance. 8. Prior to final site plan approval, the applicant shall submit a Shared Parking Agreement to the Department of Planning& Community Development for review and approval for properties addressed 2444 and 2456 Pleasure House Road. The Shared Parking Agreement shall state: With the exception of the 1,000 square foot unit at 2456 Please House Road that is leased for wholesaling and distribution and only operates from 5:00 AM to 3:00 PM, Monday through Thursday with one (1) employee onsite, no other space within the building at 2456 Pleasure House Road shall be leased, licensed or permitted to be used for any purpose that requires the provision of any parking and results in the Craft Brewery not meeting the minimum onsite parking required by the Zoning Administrator under Section 203(b)(11). 9. Except on those limited occasions where a Special Event Permit is granted, which may permit live entertainment/amplified sound outdoors after 10:00 AM and no later than 8:00 PM, live entertainment and the use of amplified sound will only be allowed inside the building when all the doors and windows are closed. 10. Deliveries shall only occur from 8:00 a.m. to 5:00 p.m. The size of the truck shall be limited such that no portion of the truck shall encroach into the public right-of-way while parked on- site. October 17, 2023 104 ITEM— V.M.4 PLANNING ITEMS ITEM#748 79 (Continued) This Ordinance shall be effective in accordance with Section 107(fl of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 114 day of October Two Thousand Twenty Three. Voting: 9- 0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth"Remick; Dr.Amelia N. Ross-Hammond,Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse October 17, 2023 R5R e B2 R-5 R v R5R. �° e B2 J o R / a O R5R B a. Ch Co R5R Al 2 R5R j g112 N ® Site Commonwealth Brewing Company, LLC W C_ Property Polygons Portion of the 50-foot right-of-way of Lake Drive, east of Pleasure s Zoning House Road & 2440 & 2444 Pleasure House Road Building Feet 01530 60 90 120 150 180 105 ITEM— VM.5 PLANNING ITEMS ITEM#74880 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council APPROVED, AS MODIFIED, AS CONDITIONED, BY CONSENT, application of RED CHURCH, INC. for a Modi ication of Conditions to a Conditional Use Permit re religious use at 245 South Rosemont Road DISTRICT 3 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA RED CHURCH, INC. for a Modification of Conditions to a Conditional Use Permit re religious use at 245 South Rosemont Road(GPIN 1487614114)DISTRICT 3 The following conditions shall be required: L The site shall be developed in substantial conformance with the submitted site plan entitled "Red Church Addition—Concept Plan",dated Augustl6, 2023,prepared by Kimley-Horn, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 2. The structure will be constructed in substantial conformance with the submitted elevation entitled "Red Church", dated April 19, 2023,prepared by Corbin Design, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. The proposed structure shall be constructed of a similar type of material, color, and trim as the existing structure. 3. The site shall be landscaped in substantial conformance with the submitted site plan "Red Church Addition — Concept Plan", dated Augustl6, 2023, prepared by Kimley-Horn, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 4. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development Permits and Inspections Division, the Health Department, and the Fire Department. The applicant shall obtain a Certificate of Occupancy from the Building Official's Office prior to commencing operation. 5. An approved Shared Parking Agreement shall be kept on file with the Zoning Administrator to ensure sufficient parkingfor the religious use and the day care on site. This is deviation to the parking requirement. 6. Approval of the Red Church Traffic Evaluation by Traffic Engineering Staff shall be obtained prior to the final approval of a site plan for the project. October 17, 2023 106 ITEM— VM.5 PLANNING ITEMS ITEM#74880 (Continued) 7. Prior to final site plan approval, a Lighting Plan in accordance to Section 254 of the Zoning Ordinance, or as amended, shall be submitted to the Department of Planning and Community Development for review and approval.All lighting on the site shall conform to the standards set forth in Section 252 of the Zoning Ordinance. This Ordinance shall be effective in accordance with Section 107(t)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 171h day of October Two Thousand Twenty Three. Voting: 9- 0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth"Remick, Dr.Amelia N. Ross-Hammond,Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse October 17, 2023 QQJ Q- �' ❑ L- cQ - --- p 0 yl- G 10 Q oE:�] <, Ef-i � 30 00 � I -01 Ou N cn N c M UU, 0 N O � N = cD n B ? O _ •-�. 0 Rosemont _Road-- 0 o Q Q � Q Q o �� o El a - ❑ -- ❑❑� N o ° � � � "� � � b° Ll _. co Waverly-Drive CD CL o - - - �� a � _ z o a 107 ITEM— V.M.6 PLANNING ITEMS ITEM#74881 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council APPROVED, AS MODIFIED, AS CONDITIONED, BY CONSENT, application of CHRISTOPHER GREGORY/ PRINCESS ANNE/WITCHDUCK ASSOCLATES 1, LC, C/O ROBINSON DEVELOPMENT GROUP for a Modi tcation of Conditions to a Conditional Use Permit re install freestanding signs at 5152 and 5168 Princess Anne Road DISTRICT 3 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA CHRISTOPHER GREGORY / PRINCESS ANNE / WITCHDUCK ASSOCIATES 1, LC, C/O ROBINSON DEVELOPMENT GROUP for a Modification of Conditions to a Conditional Use Permit re install freestanding signs at 5152 and 5168 Princess Anne Road(GPIN 1466783953)DISTRICT 3 The following conditions shall be required: 1. All previous conditions attached to the Conditional Use Permit approved on March 2, 2020, shall remain in effect and Condition 1 shall be replaced, as indicated in Condition 2 below. 2. When the property is developed, it shall be in substantial conformance with the submitted exhibit entitled, "Retail at Kemps Landing Prepared for Robinson Development Group, " dated November 11, 2021, prepared by Kimley-Horn, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 3. The signs to be installed shall be as those exhibited in the exhibits entitled "Shoppes at Kemps Landing 5152 Princess Anne Road", which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 4. The signs shall be externally illuminated with uplighting. 5. The signs shall be landscaped in accordance with Section 214(c)of the Zoning Ordinance. 6. Sign illumination shall be white light.No colored lighting shall be permitted. October 17, 2023 108 ITEM— V.M.6 PLANNING ITEMS ITEM#74881 (Continued) This Ordinance shall be effective in accordance with Section 107(t)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 17`h day of October Two Thousand Twenty Three. Voting: 9- 0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth"Remick; Dr.Amelia N. Ross-Hammond,Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse October 17, 2023 R1-0\t B2 � B4K B4K , �n91eton_ \ Singe �� way B4K B4K 02 R7.5 B 1 z ❑ B,4,K �, y B2 B4K �S°i► \ � 2 s, \ 0 ~° 32 B- B.2 B4K SS An- B4K / �-_ d prin _ -� ---� �es.s Anne_ _ N Site Christopher Gregory W F Property Polygons Zoning 5152 Princess Anne Road & 5168 s Building Princess Anne Road Feet 0 30 60 120 180 240 300 360 109 ITEM— VM.7 PLANNING ITEMS ITEM#74882 The following registered to speak.- Lucas Gordon, 812 Kathleen Court, Phone: 690-4715, spoke in OPPOSITION Upon motion by Council Member Taylor, seconded by Vice Mayor Wilson, City Council DEFERRED TO NOVEMBER 21, 2023, application of WYCLIFFE PRESBYTER]AN CHURCH for a Modification of Conditions to a Conditional Use Permit re religious use at 1445 North Great Neck Road, 2307 Millwood Road and parcel between 2307 and 2309 Millwood Road DISTRICT 8(Deferred from September 19, 2023) Voting: 9- 0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth"Remick Dr.Amelia N. Ross-Hammond,Joashua F. `Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse October 17, 2023 110 ITEM— V.M.8 PLANNING ITEMS ITEM#74883 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council APPROVED, AS CONDITIONED, BY CONSENT, application of EMILY MCGRAW/ VB REGATTA CENTER ASSOCIATES, LLC for a Conditional Use Permit re tattoo parlor at 3636 Virginia Beach Boulevard, Suite 110 DISTRICT 8 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA EMILY MCGRAW/ VB REGATTA CENTER ASSOCIATES, LLC for a Conditional Use Permit re tattoo parlor at 3636 Virginia Beach Boulevard, Suite 110 (GPIN 1487548860) DISTRICT 8 The following conditions shall be required: 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure compliance with the provisions of Chapter 23-51 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to the application of permanent makeup. No other form of tattooing shall be permitted. 3. The actual application of permanent makeup shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, (CZO) and there shall be no neon, electronic display or similar signage installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Department of Planning& Community Development for the installation of any new signs. This Ordinance shall be effective in accordance with Section 107(t)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 17'h day of October Two Thousand Twenty Three. Voting: 9- 0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley, Robert W. "Worth"Remick, Dr.Amelia N. Ross-Hammond,Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse October 17, 2023 R7-.5 R7.5 5 24 7 � B2 A R . B2 _ _ .u palms prove ------ B2 H` mom o B"2 v J �2 _ Bou�e�ar d . �a Beach V=g�� B-2 nB2 N Site Emily McGraw Property Polygons 3636 Virginia Beach Boulevard, s Zoning Suite 110 Building Feet 0 3060 120 180 240 300 360 111 ITEM— VM.9 PLANNING ITEMS ITEM#74884 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council APPROVED, AS CONDITIONED, BY CONSENT, application of LAUNCH CREATIVE SPACE, LLC/MARINA SHORES REPAIR CORP.for a Conditional Use Permit re assembly use at 2865 Lynnhaven Drive, Suite Cl DISTRICT 8 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA LAUNCH CREATIVE SPACE, LLC / MARINA SHORES REPAIR CORP.for a Conditional Use Permit re assembly use at 2865 Lynnhaven Drive, Suite CI (GPIN 1499389741)DISTRICT 8 The following conditions shall be required: 1. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development/Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official's Office for use of the existing building as an Assembly Use. 2. The maximum number of attendees shall not exceed fifty (50) or the occupancy load determined by the City of Virginia Beach Fire Marshal, whichever is less. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance(CZO), and there shall be no neon, electronic display or similar sign installed on the exterior of the building or in any window, or on the doors. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. 4. All event activities shall occur within the building. 5. No amplification of music or use of speakers shall be permitted except within the enclosed building. 6. Any outdoor storage of materials associated with the Assembly Use shall be prohibited. October 17, 2023 112 ITEM— V.M.9 PLANNING ITEMS ITEM#74884 (Continued) This Ordinance shall be effective in accordance with Section 107(J of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 17`h day of October Two Thousand Twenty Three. Voting: 9- 0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth"Remick, Dr.Amelia N. Ross-Hammond,Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse October 17, 2023 RM R10 R10 Cho Ly nnha \ O 'Al2 R q 10 Q \ Q l QQQQp A,,36 Q , �- R10 a .� � �� Q �ve 0 [223 g � de� R1�0 o� G� 2 0 B2 g4 �R 1� IW 0 B2 0 0 7RLd RI'0 R�1.0 N ® Site Property Polygons Launch Creative Space, LLC W E Zoning 2865 Lynnhaven Drive, Suite C1 S Building Feet 0 50100 200 300 400 500 600 113 ITEM— V M.10 PLANNING ITEMS ITEM#74885 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council APPROVED, AS CONDITIONED, BY CONSENT, application of MARINA SHORES REPAIR CORP. for a Conditional Use Permit re bulk storage yard at 2865 Lynnhaven Drive DISTRICT 8 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA MARINA SHORES REPAIR CORP. for a Conditional Use Permit re bulk storage yard at 2865 Lynnhaven Drive (GPIN 14993897410000)DISTRICT 8 The following conditions shall be required: 1. The location and approximate dimensions of the two areas designated for outdoor storage of merchandise shall substantially conform to the exhibit included in the Staff Report dated September 13, 2023 and that is on file with the Department of Planning and Community Development. 2. Storage of merchandise in the area identified as "Proposed Tent Location" in the exhibit included in the StaffReport dated September 13,2023 is only permitted between March 20'h through May 15`h and between November 20`h through December 151h per calendar year. 3. A 4-foot 6-inch tall solid wood fence with a latching gate-to be either a slat fence or a shadow box fence - shall be installed to enclose the area identified as "Proposed Mulch Location" in the exhibited included in the Staff Report dated September 13, 2023. Only mulch may be stored in this area. 4. Mulch stored in the identified storage area shall not be stacked higher than the enclosure fence. 5. No sales are permitted in the storage areas;all sales must take place within the interior of the associated storefront. 6. No third party vending is permitted in the bulk storage area. 7. All merchandise stored in the bulk storage area shall be kept neatly stacked and tidy at all times. 8. The six (6)foot fencing or Category IV landscaping shall not be required for the "Proposed Tent Location" or the "Proposed Mulch Location." This is a deviation from the Zoning Ordinance. October 17, 2023 114 ITEM— i!M.IO PLANNING ITEMS ITEM#74885 (Continued) 9. No additional signage is permitted with this approval for storage of merchandise outdoors. 10. Mulch and seasonal merchandise shall be confined to the identified areas of storage and shall not impede traffic circulation in the parking lot or ADA parking spaces. This Ordinance shall be effective in accordance with Section 107(t) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 17'h day of October Two Thousand Twenty Three. Voting: 9- 0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth"Remick, Dr.Amelia N. Ross-Hammond,Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse October 17, 2023 J `A1,g U A3.6 o RM R10 1,0 Lam ❑ c? 12 R10 -- Q I Q l� oa Q _ o� B2 �I B2 co, Vs, B,2 o " o 7R,I R10 e N ® Site Marina Shores Repair Corp W E Property Polygons Zoning 2865 Lynn haven Drive S Building Feet 0 50100 200 300 400 500 600 115 ITEM— V.M.11 PLANNING ITEMS ITEM#74886 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council APPROVED, AS CONDITIONED, BY CONSENT, application of BHA TT BROTHERS, LLC/RED MILL WEST, LLC for a Conditional Use Permit re tattoo parlor at 1169 Nimmo Parkway, Suite 224 DISTRICT 5 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA BHA IT BROTHERS, LLC/RED MILL WEST, LLC for a Conditional Use Permit re tattoo parlor at 1169 Nimmo Parkway, Suite 224(GPIN 241426113)DISTRICT 5 The following conditions shall be required: 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure compliance with the provisions of Chapter 23-51 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to the application of permanent makeup. No other form of tattooing shall be permitted. 3. The actual application of permanent makeup shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance (CZO), and there shall be no neon, electronic display or similar signage installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Department of Planning& Community Development for the installation of any new signs. This Ordinance shall be effective in accordance with Section 10769 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 170 day of October Two Thousand Twenty Three. Voting: 9- 0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth"Remick Dr.Amelia N. Ross-Hammond,Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse October 17, 2023 B2 (101 R2.0! LJ _ o00o V//, _ B,z 01B2 o hippo- . � � •e CoUrt R2,0 R20 AG2 - N ® site Bhatt Brothers, LLC W Fi �� Property Polygons 1169 Nimmo Parkway, Suite 224 S Zoning Building Feet 0 55110 220 330 440 550 660 116 ITEM— VM.12 PLANNING ITEMS ITEM#7488 7 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council APPROVED, BYCONSENT,Resolution to ADOPT and INCORPORATE into the Virginia Beach Comprehensive Plan, 2016 re Virginia Beach Historic Preservation Plan, 2023, which will supersede the Historic Resources Management Plan, 1994 Voting: 9- 0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth"Remick; Dr.Amelia N. Ross-Hammond,Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse October 17, 2023 1 A RESOLUTION TO ADOPT AND INCORPORATE INTO 2 THE VIRGINIA BEACH COMPREHENSIVE PLAN, 2016 3 THE VIRGINIA BEACH HISTORIC PRESERVATION PLAN, 4 2023 WHICH WILL SUPERSEDE THE HISTORIC 5 RESOURCES MANAGEMENT PLAN, 1994 6 7 WHEREAS, the public necessity, convenience, general welfare and good zoning 8 practice so require,- 9 10 WHEREAS, the Virginia Beach Historic Preservation Plan, 2023 has been 11 developed with extensive input from the community and stakeholders, including three 12 stakeholder groups, two public meetings and an online public survey; and 13 14 WHEREAS, the revisions to the Historic Preservation Plan were necessary to 15 bring the Historic Resources Management Plan into compliance with the current 16 standards and practices; and 17 18 WHEREAS, the Virginia Beach Historic Preservation Plan, 2023 should be 19 adopted and incorporated as part of the Comprehensive Plan 2016. 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That the Comprehensive Plan 2016 of the City of Virginia Beach be, and hereby 25 is, amended and reordained by: 26 27 The adoption by City Council of the City of Virginia Beach of the Virginia Beach 28 Historic Preservation Plan 2023 and its incorporation into the Comprehensive Plan 29 2016. Such document is attached hereto and made a part hereof, having been 30 exhibited to the City Council and placed on file in the Department of Planning and 31 Community Development. 32 33 34 Adopted by the Council of the City of Virginia Beach, Virginia, on this 17th 35 day of oct-ohr 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 4r tanning Department City At ey's Office CA16224 R-2 August 7, 2023 2 xp+"eR Y, X7 tyf' rt1► t . J • � i The Virginia Beach Historic Preservation Plan was funded jointly by the Virginia Department of Historic Resources (DHR) Cost-Share Grant Program and the City of Virginia Beach, and compiled by Commonwealth Preservation Group. MONWEALT11 rit c'Up�� PRESERVATION GRO'_: D'j',,TtMlllt of I1:aaaic Rexnacc> Virginia Beach 2 Virginia Beach Historic Preservation Plan Acknowledgments The development of this plan was spearheaded by the City of Virginia Beach, the Historic Preservation Commission (HPC), and City Preservation Planner, Mark Reed, with funding from the Virginia Department of Historic Resource's Cost Share Program. Commonwealth Preservation Group (CPG) was hired to provide support for this project. The project plan included engagement with the public and stakeholder groups, as well as the project steering committee. Due to COVID-19, all public meetings and stakeholder engagement meetings were held virtually. At the outset of the project, there were three stakeholder groups including the HPC's Student Leaders Committee,the Steering Committee, and a staff group with expertise in sea level rise and flood adaptation,emergency preparedness, infrastructure improvements,and community development. Members of each of these groups are listed below. Public engagement efforts included two public meetings (hosted by the City) to gather input from the community. The City of Virginia Beach Communications Office provided assistance for the first public meeting as well as the online public survey. This information from the community was provided to the HPC and staff, and represented the community's priorities, goals, and vision for the preservation program. Using the results of public engagement as well as the previous Historic Resources Management Plan(HRMP)and existing guiding documents,the HPC and staff prepared the goals,actions and prioritization of their work as it is presented in this Historic Preservation Plan (HPP). The HPP reflects the effort and contributions of the following stakeholders: City of Virginia Beach Preservation Plan Steering Committee Kimberley Tempesco, Department of Planning& Community Lucas Anderton Senior Emergency Planner Development John Coston Karen Prochilo, Robert J.Tajan, Director Brian Facemire Housing Development Administrator Carolyn A.K.Smith, Erin Goldmeier Planning Administrator Bob Magoon Communications Department Mark A. Reed, Bernice Pope Julie Hill,Communications Director Historic Preservation Planner Amelia Ross-Hammond Rae Pearson Benn, Elizabeth Nowak, Howard Waldie Media&Communications Historic Preservation Planner Coordinator III' Jenizza Badua, Student Leaders Committee SGA Planner I/Urban Designer Finnley Brakke,Co-Chair,Tallwood HS Virginia Department of Historic Hannah Levi,Co-Chair,Cox HS Resources 2020-2021 Will Anderson,Cox HS Blake McDonald, Manager,Architectural Historic Preservation Commission Mason Beers,Cape Henry Coll. Survey&Cost Share Grant Program James B.Wood,Chair" Thomas Brodowski,Catholic HS Elizabeth Hoge Lipford, Preservation Sharon Prescott,1st Vice Chair' Campbell Clay,Cape Henry Coll. Specialist, Eastern Region Preservation C.Mac Rawls,2nd Vice Chair` Amara Davidson,Catholic HS Office Bobbie Gribble,Secretary` Daisy Fernandez,Kellem HS Bill Gambrell,Immediate Past Chair` Vanessa Fok,First Colonial HS Finnley Brakke Emma Good,Landstown HS The HPP was prepared with assistance Sharon Felton Kaleea Korunka,Green Run Coll. from Commonwealth Preservation Group, Harriet Frenzel Reagan McCoy,Salem HS with contributions by the following staff Albert Henley Blake McCullough, Kellam HS persons: Richard Klobuchar Paige Pollard,Principal Hannah Levi Sea Level Rise Focus Group Marcus Pollard,Principal Ian Lichacz Charles(CJ) Bodnar,Engineer III Kayla Halberg,Project Manager Becky Livas Michael Bumbaco III, Engineer III Jess Archer, Lee Lockamy Tonia Alger,Engineer V Architectural Historian/Graphic Designer Christi Lyons Michael Mundy, Ashlen Stump, Timothy Oksman Stormwater Program Manager Architectural Historian/Data Analyst Katie Paulson Sue Kriebel,Stormwater Engineer Erica Howard,Architectural Historian Rosemary Wilson,City Council Liason Tarig Omer, Engineer III Victoria Leonard,Architectural Historian Whitney McNamara,CFM, Environmental Planner III, Floodplain Manager,CRS Coordinator `Served on the Historic Preservation Plan Steering Committee Virginia Beach Historic Preservation Plan 3 Introduction to the Virginia Beach Historic Preservation Plan .................................................................7 1.1 Purpose of the Virginia Beach Historic Preservation Plan(HPP).....................................................9 1.2 Overview of HPP Development& Public Engagement ..................................................................10 Guiding Principles for the Virginia Beach Historic Preservation Plan ...................................................... 13 2.1 Guiding Principles&Community Goals ..........................................................................................15 2.1.1 Guiding Principle #1: Preserve the City's Cultural, Historic, & Pre-historic Resources.............. 15 2.1.2 Guiding Principle #2: Value &Achieve Equity, Diversity, &Inclusion in the Historic Preservation Program ........................................................................................................... 15 2.1.3 Guiding Principle #3:Strengthen Internal& External Partnerships & Promote Coordination with Complementary Initiatives............................................................................................16 Virginia Beach Historic Preservation Plan Objectives&Actions ..............................................................17 3.1 Introduction ......................................................................................................................................19 3.2 HPP Objectives,Actions,& Implementation Chart.......................................................................19 4 Historic Resource Documentation Planning& Prioritization.................................................................... 33 4.1 Introduction .....................................................................................................................................35 4.2 Recent Survey& Documentation Efforts in Virginia Beach ............................................................35 4.3 Funding Historic Research Documentation Initiatives ...................................................................38 4.4 Factors for Prioritizing Preservation Initiatives& Decision Matrix ................................................42 4.4.1 Geographic Area ...................................................................................................................... 43 4.4.2 Number of Potential Resources ............................................................................................... 43 4.4.3 Resources Associated with DHR & NPS Priorities ....................................................................44 4.4.4 Integrity of Resource ................................................................................................................44 4.4.5 Level of Significance & Resource Rarity ....................................................................................45 4.4.6 Archaeological Potential ..........................................................................................................45 4.4.7 Financial Burden & Economic Hardship ...................................................................................46 4.4.8 Development Threat ................................................................................................................46 4.4.9 Flood Risk ................................................................................................................................47 4.4.10 Sample Decision Matrix ......................................................................................................... 48 4.5 Sample Survey& Documentation Plan ......................................................................................... 50 4.6 Updating Early Nominations to the Virginia Landmarks Register& National Register of HistoricPlaces ................................................................................................................................. 52 4 Virginia Beach Historic Preservation Plan Virginia Beach Preservation History,Trends,and Challenges ..................................................................53 5 5.1 Introduction ....................................................................................................................................55 5.2 History of Preservation in Virginia Beach&Overview of Current Programs ...............................55 5.3 Analysis of Former Historic Resources Management Plan ............................................................58 5.4 Overview of Trends&Challenges for Historic Preservation ........................................................ 61 5.4.1 Community Demographics ......................................................................................................61 5.4.2 History of Growth in Virginia Beach & Overview of Current Development & Land ValuePressures ....................................................................................................................63 5.4.3 Sea Level Rise, Recurrent Flooding, & Disaster Preparedness .................................................66 5.4.4 Funding Constraints & Opportunities .....................................................................................67 5.4.5 Neglect ...................................................................................................................................69 Embedding Preservation in City-wide Planning& Initiatives ..................................................................71 6.1 Where does the HPP Fit Within Other City-Wide Planning Documents? ....................................73 6.2 Virginia Beach Arts Plan 2030 .......................................................................................................73 6.3 It's Our Future:A Choice City:City of Virginia Beach Comprehensive Plan ............................... 73 6.4 Virginia Beach Outdoors Plan:A Master Plan for the Parks& Recreation System ......................74 6.5 Virginia Beach Sea Level Wise Adaptation Strategy ....................................................................75 6.6 Virginia Beach Resort Area Strategic Action Plan 2030 ...............................................................76 Appendices Appendices ................................................................................................................................................77 Appendix#1:Overview of Public Engagement& Results of Public Input Survey............................79 Appendix1.1: Focus Group ..............................................................................................................79 Appendix1.2: Public Meeting #1 ....................................................................................................80 Appendix 1.3: Public Opinion Survey ............................................................................................. 82 Appendix 1.4: Public Meeting #2 ................................................................................................... 84 Appendix 1.5: Results of Public Opinion Survey ............................................................................. 85 Appendix#2:Types of Historical Designations.................................................................................97 Appendix#3: Financial Incentives for Historic Preservation ............................................................ 99 Appendix#4: Glossary....................................................................................................................... 102 Appendix#5:Abbreviations.............................................................................................................. 108 Appendix#6: Resource Guide ............................................................................................................109 Virginia Beach Historic Preservation Plan 5 THIS PAGE INTENTIONALLY LEFT BLANK 6 Virginia Beach Historic Preservation Plan t ir INTRODUCTIO TO THE VIRGINIA-B HISTORIC PRESERVATION PLAN - 0 Oil � �t THIS PAGE INTENTIONALLY LEFT BLANK 8 Virginia Beach Historic Preservation Plan:Chapter 1 1.1 PURPOSE OF THE VIRGINIA BEACH HISTORIC PRESERVATION The purpose of the Virginia Beach Historic and based upon review of previous program goals Preservation Plan (HPP) is to establish the vision, and analysis of past accomplishments. Utilizing the objectives,and actions for the City of Virginia Beach's information gathered, preservation staff and the historic preservation program for the next ten years Historic Preservation Commission (HPC) prepared and to identify strategic areas for partnerships with the objectives, actions, initiatives, and prioritization internal and external stakeholders. This purpose is metrics herein. Decision-making factors, as well as an best accomplished with a robust public engagement example Decision Matrix follow the objectives and process and a broad definition of historic preservation actions. The HPP includes an overview of current that includes cultural, historic and prehistoric trends,challenges and opportunities for preservation resources. in Virginia Beach. This document provides an overview of funding sources,financial incentives, and The 1994 Virginia Beach Historic Resources support for preservation activities that will help the Management Plan (HRMP), which was the first HPC and staff develop future program priorities and such plan for the city, provided the framework and annual budget requests.Additionally,the HPP will be foundation for the successful growth, development, useful for grant solicitation, as it provides a detailed and expansion of the City's preservation program over overview of the goals, objectives, actions, and the past 30 years.This HPP updates the former HRMP, measurement tools of the HPC; these are all items and seeks to build on the goals and achievements typically asked for in solicitations for funding requests. from the previous plan. Following a similar approach to its predecessor, the HPP takes into account input The HPP recommendations serve the entire City of from various stakeholder groups, including citizens, Virginia Beach and its residents, with a specific focus staff, policy makers, and elected officials from the on the Virginia Beach Historic Preservation Program City to determine the challenges and opportunities as implemented by the HPC and Department of for the preservation program today. The HPP also Planning & Community Development. The plan incorporates current City policies and initiatives to discusses ways in which preservation is already address existing and new areas of opportunity for the preservation program, including collaboration with "Sea Level Wise" (the Virginia Beach action strategy for sea level rise, discussed in more detail in Chapter 6) and implementing recommendations resulting , from recent survey work (2018/2020 Northern and Southern Half Architectural Surveys, 2018/2020 Archaeological Assessments). `` The recommendations in this HPP were developed Figure 1.1 - 162 Bailey Lane was surveyed during the Historic after receiving input from stakeholder interviews, Architectural Survey Update - Northern Half in 2018 and is a contributing resource to the potentially eligible Laurel Manor public meetings, an online public opinion survey, Historic District. Virginia Beach Historic Preservation Plan: Chapter 1 9 The intent of this plan is to foster progress and effective implementation of the historic preservation program for the City of Virginia Beach and its citizens. Implementation of this plan will be successful if, by ti the year 2033,the following has occurred: • Continued preservation and documentation 1 of the City's cultural, historic and pre-historic resources Development of a common vision for historic preservation that embraces cultural diversity and increases public engagement Strengthened collaboration as demonstrated Figure 1.2 Carrow Baptist Church was surveyed during the by integrating preservation activities across City Historic Architectural Survey Update- Northern Half in 2018. departments and initiatives embedded within the work of other city departments and incorporates City-wide initiatives and cross- departmental Y 1 - departmental coordination in its objectives. This allows other City departments to understand how preservation can seamlessly integrate, and in many cases support their work, fostering a collaborative approach to preservation. While the document will be most useful to City Preservation staff and the HPC, implementation of the stated goals and objectives will require internal and external collaboration. Figure 1.3-Barn at 1168 Princess Anne Road was surveyed during the Historic Architectural Survey Update - Southern Half in 2020. The foundation for this HPP relied upon input from CPG met virtually with each focus group at the start Virginia Beach residents, City staff, the HPC, and of the project to better understand the goals of these various stakeholder groups. Several engagement stakeholder groups.These focus groups also informed activities were held in order to develop a plan the development of the public opinion survey and the that advances the community's vision for historic overall HPP.The HPC and staff considered this public preservation and ensures that the goals herein input as they determined recommended actions and could be achieved. Three focus groups informed the prioritization. development of priorities for engagement. These focus groups included the HPP Steering Committee, The City also hosted two virtual public engagement the Student Leaders Committee, and a panel of City meetings and issued a city-wide public input survey staff experts in sea level rise and recurrent flooding. on its website. The first public meeting was held on 10 Virginia Beach Historic Preservation Plan:Chapter 1 February 23, 2021. The purpose of this meeting was . r to provide the public with background information '\ on the project and to begin collecting input from the ^� community regarding their preservation priorities. , From April 26, 2021 to May 16, 2021, the City collected online survey responses from the public. _ The public opinion survey sought to provide a better OF understanding of the community's interests, priorities, k�� and values relating to historic preservation and historic and cultural resources in Virginia Beach. of this document provides a more detailed summarys of each public engagement activity, as well as the Figure 1.4 Monks Place was surveyed during the Historic results of the public opinion survey. Architectural Survey Update-Southern Half in 2020. a � r V •Cy_ 4 r- 4$ 9 N PpJ kk'Lt 0 � .; .....V� .. Ink, RI•jt h " �� " -110 f t � Figure 1.5 Cottage Court, 4489 Lookout Road is located in the potential Chesapeake Beach Historic District,which has been determined potentially eligible for listing in the National Register of Historic Places(NRHP)and Virginia Landmarks Register(VLR) by the Virginia Department of Historic Resources(DHR). Virginia Beach Historic Preservation Plan: Chapter 1 11 THIS PAGE INTENTIONALLY LEFT BLANK 12 Virginia Beach Historic Preservation Plan:Chapter 1 his ^f is •._ � � � �ty.s y�,�,?. �i `��,J. S ' 4 GUIDING PRINCIPLES FOR THE VIRGINIA BEACH HISTORIC _ PRESERVATION PLAN N�. . . r - fit'' .- � •. �'. - .a THIS PAGE INTENTIONALLY LEFT BLANK 14 Virginia Beach Historic Preservation Plan:Chapter 2 2.1 GUIDING PRINCIPLESCOMMUNITY • • The Guiding Principles for the Virginia Beach Historic within the guiding principles were developed out of Preservation Plan (HPP)outlined below are intended the focus groups, steering committee input, and the to serve as a framework for the City's historic public engagement process.They are broad and allow preservation program for the next ten years.All of the for flexibility as priorities change and opportunities objectives and actions identified in Chapter are tied arise over the life of the HPP. to these guiding principles. The values embedded . . PRESERVETHEHISTORIC, PIRE-HISTORIC RESOURCE Virginia Beach is home to a variety of resource types, cultural resources is the central goal for all of the both above and below ground, that range from pre- objectives and actions outlined in this plan. historic sites and eighteenth-century dwellings to mid-twentieth century hotels and neighborhoods. " Preservation of these historic and cultural resources helps establish a sense of place and community ti identity, promotes neighborhood revitalization and stability, provides cultural and artistic experiences, and advances economic development. In addition, ` -` - preservation is also the most sustainable building practice available today. The environment benefits Figure 2.1 - 1312 Graham Road is located in the Woodhurst from reuse of existing buildings that limit the use of Historic District, which is listed in the Virginia Landmarks landfills and decrease production of new materials. Register(VLR)and has been recommended eligible for listing in the National Register of Historic Places(NRHP)by the Virginia Therefore, preservation of the City's historic and Department of Historic Resources(DHR). � . . N ! ' • �NOW Early preservation efforts throughout the country heritage, and would like to see a more equitable tended to focus on the earliest and most architecturally geographic distribution of attention and recognition distinctive buildings,especially those associated with of historic resources. Similarly, the community colonial and pre-Civil War history. In recent years,the prioritizes historic resources that are facing imminent preservation movement has given increasing attention threats such as demolition, redevelopment, and to twentieth-century resources and places associated recurrent flooding. The Guiding Principles serve as a with underrepresented communities (such as racial roadmap for the HPC to incorporate the community's and ethnic minorities,as well as LGBTQ communities), input, values, and vision within the objectives and in addition to increased protections for archaeological actions highlighted in hinter 3,and they emphasize sites. Based on community input, residents of Virginia the importance of continued public engagement for Beach are concerned about the preservation of sites prioritization of individual projects. deeply rooted in community tradition and cultural Virginia Beach Historic Preservation Plan:Chapter 2 15 2.1.3 GUIDING PRINCIPLE #3: STRENGTHEN INTERNAL & EXTERNAL PARTNERSHIPS & PROMOTE COORDINATION WITH COMPLEMENTARY INITIATIVES Because historic preservation has far-reaching benefits through the City of Virginia Beach Department of and is touched in some way by many different City Planning & Community Development and the HPC, departments, stakeholders, and local organizations, their work both supports and relies upon the work of coordination and strong partnerships are necessary others. Ultimately, the hope is that by accomplishing to achieve many of the stated goals, objectives, these tasks and meeting the objectives, the City and actions in this HPP. While the City's historic will have a strong and well-coordinated historic preservation program is primarily administered preservation community. KEY STAKEHOLDERS & PAPI HERS IN PRESERVATION CITY OF VIRGINIA BEACH • Planning & Community Development • Economic Development ° Staff • Housing & Neighborhood Preservation • Historic Preservation Commission • Parks & Recreation — Student Leaders Committee • Public Works ° Historical Review Board ° Sea Level Wise • Communications Office • Office of Performance and Accountability • Convention &Visitors Bureau • Cultural Affairs EXTERNAL PARTNERSHIPS NATIONAL STATE LOCAL • Department of Defense • Preservation Virginia • Historic Kempsville ° United States Navy • Virginia African American • Princess Anne County/ • United States Coast Guard Cultural Center Virginia Beach Historical • Nansemond Indian Nation • Virginia Department of Historic Society • National Association of Resources (DHR) • ViBe Creative District Preservation Commissions • Virginia National Guard • Other Stakeholders (NAPC) ° Owners of historic • National Park Service properties • National Trust for Historic ° Business owners located Preservation (NTHP) in historic properties Real estate developers ° Real estate agents • Professional Consultants Figure 2.2 16 Virginia Beach Historic Preservation Plan:Chapter 2 SY1•►ROOF p R VIRG A H HISTORf RESERVATIQ ;a PLAN OBJECTIVES & ACTIONS aQCHNIEDEas M E _ ll r ri sa:T i ` au :K JO Es RESTA A loom PIP rl w k r A , THIS PAGE INTENTIONALLY LEFT BLANK 18 Virginia Beach Historic Preservation Plan:Chapter 3 3.1 INTRODUCTION This chapter of the Virginia Beach Historic Preservation to complement each Action, and identifies priority Plan (HPP) provides a set of Objectives, Actions, levels and target outcomes. Prioritization is based on and supporting initiatives are designed to meet the a scale from 1 to 4, with 1 being the highest priority overarching goals of the Guiding Principles outlined in initiatives. The Target Outcomes provide a method Chapter 2. The Actions are recommended strategies for the HPC and staff to measure success of the HPP for implementing and meeting the Objectives of the implementation. plan. This chapter also includes potential initiatives 3.2 HPP OBJECTIVES, ACTIONS, & IMPLEMENTATION CHART ACTION •• • • PRIORITY T• • OUTCOMES LEVEL OBJECTIVE 1: Expand Community Engagement to Increase Awareness of Historic Preservation A.Continue hosting the Historic 1 Annual meetings Preservation Commission's(HPC) regular Increased public participation at annual Public Meeting meetings Action 1.1: B.Review and improve HPC and Historical 1 Strategy for sharing preservation news with Engage the Review Board(HRB)communication public public on methods and strategies Strategy for sharing information articles current Historic Facilitation of public engagement,including Preservation digital methods issues and C. Engage students and increase 1 Development of new generation of initiatives awareness of historic preservation in local preservationists schools Increased number of students participating in historic preservation activities D.Present periodic briefings and annual 2 Increased awareness of elected officials report to City Council awareness of preservation issues A. Partner with Preservation Virginia to 1 Increased number and type of Historic Grow Pints for Preservation initiatives Preservation Month activities Increased number of participants in Historic Preservation Month activities Increased community support of preservation initiatives B.Coordinate initiatives through the 1 Increased participation from non-Committee Student Leaders Committee(SLC)to students in historic preservation activities engage students in discovering local Host at least one SLC activity/initiative Action 1.2: history annually Publicize Historic C. Develop creative and interesting 2 Increase number and kinds of groups to Preservation proclamations to raise public awareness receive proclamations Month(May) D. Partner with the Virginia Department 2 Increased public awareness of the value of and Archaeology of Historic Resources(DHR)or other archaeology Month(October) organizations to develop public archaeology programming E.Organize tours of historic buildings, 2 Increased public awareness of local historic sites,and areas resources F. Provide technical assistance to local and 3 Expanded community involvement in City organizations for the development preservation of public programs/exhibits on historic preservation and local history Virginia Beach Historic Preservation Plan:Chapter 3 19 ACTIONr r • • PRIORITY TARGET OUTCOMES LEVEL OBJECTIVE 1: Expand Community Engagement to Increase Awareness of Historic Preservation A. Encourage applications 1 Increased number of submitted applications for Research Grant program Increased variety and number of markers and funds for historic markers and signs funded interpretive signs Expanded knowledge and recognition of local Action 1.3:Continue to history and resources initiate,support,and B. Undertake projects to 1 Expanded knowledge and recognition of local publicize placement document the history of history and resources of informational underrepresented communities Increased understanding,awareness,and access markers and signs and narratives to the full story of the City's diverse history representative of the C. Place recognition signs at 1 Increased public awareness of designated historic area's long and diverse entrances to National Register areas in the city history Historic Districts Enhanced pride in community D.Complete development and 2 Expanded knowledge and recognition of local implementation of a local historic history and resources marker program to supplement Markers installed for locally significant history the state program and resources A. Revise and update the 50 2 Expanded knowledge and recognition of local Most Historically Significant history and resources Houses and Structures in Virginia Increased appreciation of local historic resources Action 1.4: Develop Beach publication(2008) publications on the City's historic resources B.Develop,publish,and 4 Expanded knowledge and recognition of local distribute local historic context history and resources and theme studies Increased understanding,awareness,and access to the full story of the City's diverse history OBJECTIVE 2: Support Planning and Activities that Encourage Heritage Tourism A. Support commission of 1 Investigation of evidence of economic benefits of an economic impact study of heritage sites and events current available experiences Promotion of and education about study to and future opportunities for ensure its use in heritage tourism planning heritage tourism Increased public knowledge about economic impact of heritage ideas B. Identify and provide 2 Incorporation of broad historical themes into information to heritage tourism tourism plan and tourist information Action Coordinate planning efforts about the Identification of potential walking/biking/driving with Cittyy departments community's diverse history tours to establish update a Development of informational guides and signs heritage tourism plan C.Support initiatives for Virginia 2 Accomplishment of mutually beneficial goals Beach City Museums Maintained engagement and communication with internal partner D.Coordinate with other local 3 Improved engagement and communication with historical and preservation local groups organizations and historic site operators to facilitate engagement and input with City initiatives 20 Virginia Beach Historic Preservation Plan:Chapter 3 ACTION SUPPORTING INITIATIVES PRIORITY TARGET OUTCOMES LEVEL OBJECTIVE 2: Support Planning and Activities that Encourage Heritage Tourism A.Coordinate communication 1 Facilitation of regular meetings and interactions and cooperation among various Accomplishment of mutually beneficial goals Cape Henry Historic Site stakeholders B.Support renewal of 1 Maintained public access to the historic area Agreement for the City to provide passenger shuttles for civilian access C.Encourage support of 1 Preservation of National Historic Landmark Action 2.2:Continue restoration projects for the old efforts of the HPC's Cape Henry Lighthouse Cape Henry Historic Site Committee to D.Involve Joint Expeditionary 1 Facilitation of communication and cooperation ensure access for Base Little Creek-Fort Story residents and visitors (JEBLCFS)command and work to enhance tourist access E.Provide input into interpretive 2 Increased public awareness of the historic area planning for the National Park Increased public programming for historic area Service site F.Support U.S.Coast Guard 3 Facilitation of transition from operational to transfer of stewardship/ accessible ownership of the new Cape Preservation of both historic lighthouses Henry Lighthouse OBJECTIVE 3: Identify, Investigate,and Recognize Virginia Beach's Historic Resources A.Survey resources as part of Expanded survey inventory the National Register of Historic Increase number of resources surveyed Places(NRHP)nomination Meet expectations for a Certified Local Action 3.1:Continue process for historic districts Government(CLG)community identification and documentation of B.Survey threatened resources 1 historic and cultural C.Survey resources in resources neighborhoods and communities identified as significant or potentially eligible for listing in the NRHP Virginia Beach Historic Preservation Plan:Chapter 3 21 ACTION SUPPORTING INITIATIVES PRIORITY TARGETOUTCOMES LEVEL OBJECTIVE 3: Identify, Investigate,and Recognize Virginia Beach's Historic Resources A.Complete the N R H P 1 Completion of projects in progress in 2022 nomination process for individual Expanded knowledge and recognition of local resources and historic districts history and resources that are currently underway B. Implement recommendations 1 Accomplishment of program goals through from the 2018-2020 initiation and completion of 20 identified architectural surveys and projects Action 3.2: Implement archaeological assessments the updated C.Ensure that historic resources 1 Updated GIS information Inventory,Survey,and are integrated in the City's Establish Standard Operating Procedure(SOP) Recognition Plan Geographic Information System for on-going data review and maintenance (GIS)mapping D.Ensure that during site plan 2 Process improvement review,historic resources are Increased internal awareness identified in the review process and preservation program staff are engaged as appropriate E.Utilize the Decision Matrix 3 Alignment of actions with program goals and to assist in the prioritization of priorities initiatives Action 3.3: Develop A.Assign priority to sites in the 1 Completion of archaeological projects as funded a plan to incorporate 2020 archaeological assessment Expanded knowledge and recognition of local archaeological that are recommended as history and resources investigations into the potentially eligible for the NRHP, annual activities of the Native American,or African preservation program American sites,Sites threatened by sea level rise,and recurrent flooding B. Initiate and support additional 2 Completion of projects as funded scientific investigations for Expanded knowledge and recognition of local background and information history and resources about important historic sites in the City(e.g.dendrochronology) 22 Virginia Beach Historic Preservation Plan:Chapter 3 ACTION SUPPORTING INITIATIVES PRIORITY TARGET OUTCOMES LEVEL OBJECTIVE 4: Coordinate Preservation Program with Focus Areas Identified as State and National Priorities A.Establish mission/purpose for the 1 Establishment of direction for the committee HPC's Underrepresented Communities Identification and definition of the City's Committee underrepresented communities B. Document history of 1 Develop shared understanding of the historical underrepresented communities narratives forthese communities through research,identification,survey, Expanded knowledge and recognition of local and designation initiatives history and resources • Completion of projects that recognize these communities and narratives • Addition of resources to the Virginia Cultural Resource Information System(VCRIS)database Provision of funding and incentives for research projects C. Recognize persons,events, 1 Accomplish projects that provide recognition sites,and buildings associated with underrepresented communities D.Continue to sponsor proclamations 1 Coordination with various communities to Action 4.1:Seek to and resolutions that recognize the provide an annual official City recognition increase research, City's appreciation of the history of its understanding, diverse public recognition,and E.Seek funding for projects that will 1 Receipt of at least 4 grants for recognition and preservation recognize and/or preserve historic preservation of underrepresented communities' of the people, resources,such as specific funding historic resources places,and events awards for Black,Indigenous,and associated with People of Color(BIPOC)preservation underrepresented initiatives communities F.Complete NRHP nominations funded 1 Listing of L&J Gardens and Seatack in the through the FY19 National Park Service NRHP (NPS)Underrepresented Community grant award to the City in 2020 G.Update existing NRHP nominations 1 Alignment of existing nominations with current to incorporate new research and standards of documentation and inclusion include a fuller story of each site with respect to the presence and contributions of Indigenous people, African Americans,Women,LGBTQ, and other underrepresented communities H.Audit existing nominations,surveys, 1 Increased diversity and representation of and initiatives to evaluate which historical and cultural resources themes,peoples,and narratives are Completion of additional nominations and presently represented in Virginia Beach surveys for a broader range of resources and to identify underrepresented Expanded research and programmatic activities resource types and inform future for a broader range of resources initiatives I.Continue to award research grants to 1 Increased number of research grant applications fund projects that focus on the history for underrepresented narratives of underrepresented communities in Virginia Beach J.Work with DHR's Community 2 Improved collaboration and engagement Outreach Coordination initiative with African American and Native American Communities Virginia Beach Historic Preservation Plan:Chapter 3 23 ACTION SUPPORTING INITIATIVES PRIORITY TARGET OUTCOMES LEVEL OBJECTIVE 4: Coordinate Preservation Program with Focus Areas Identified as State and National Priorities A. Develop a historic context for the 1 Expanded knowledge and recognition of local Post-World War II development of history and resources Virginia Beach Identification of Post-World War II resources that should be further researched and surveyed Completion of research,theme,or context study of this period of development Facilitation of NRHP recognition through development of the historic context Action 4.2: B.Complete related Preliminary 1 Completion of 4 projects that were initiated in Seek to increase Information Forms(PIF)and NRHP 2022 research, nominations currently in process understanding, C.Follow up on the 2018 survey 2 Completion of additional nominations per survey recognition and recommendations for New Dominion recommendations preservation era resources Expanded research per survey recommendations of the people, Expanded programmatic activities per survey places,and events a recommendations associated with the recent past D.Encourage and assist owners of 2 Nomination of additional motel resources under potentially eligible motel buildings to the MPD pursue NRHP nominations through the Oceanfront Resort Motels-Hotels Multiple Property Documentation form(MPD) E.Identify additional New Dominion 3 Expanded knowledge and recognition of local era resources and pursue appropriate history and resources in this era recognition Completion of additional nominations of resources from this era Completion of initiatives to survey resources from this era 24 Virginia Beach Historic Preservation Plan:Chapter 3 ACTION SUPPORTINGPRIORITY TA• • • LEVEL OBJECTIVE 5:Address the threat of recurrent flooding, projected sea level rise,and other hazards and disasters to Historic Resources and develop post-recovery strategies A. Develop a social justice and equity 1 Improved acknowledgment and inclusion of mission statement that ensures underrepresented communities and associated equitable inclusion of the City's historic resources in planning initiatives diverse history and resources in Enhancement of positive outcomes for these resilience and mitigation initiatives historic resources B.Coordinate with local,state, 1 Process improvement and federal agencies to ensure a Development of strong response networks comprehensive approach and to limit Development of cohesive response and recovery redundant efforts systems C.Coordinate with governmental 1 Process improvement and local partners to implement Expanded knowledge of available funding tools for post-disaster repair funds recovery efforts Enhancement of positive outcomes for historic resources D. Develop a vulnerability index 1 Well-informed decision-making processes and for historic resources that includes planning Action 5.1: threats from recurrent flooding,sea Process improvement Develop and level rise,and other climate-related Expanded understanding of disaster impacts to the implement disasters and incorporate into both Virginia Beach community an effective preservation program and City resilience and planning initiatives mitigation plan E.Coordinate with the Virginia 1 Improvement of local data that addresses Beach Center for GIS to improve and Improved understanding of local conditions recurrent update existing map data for historic Improved communication with non-local partners flooding,sea resources about specific needs level rise, F. Develop a post-disaster survey 1 Process improvement and other strategy with clearly assigned roles Enhancement of positive outcomes for historic climate-related and responsibility to ensure timely resources disasters for the documentation of damaged historic City's historic resources architectural and archaeological G.Prioritize survey and nomination 2 Production of accurate and useful GIS mapping of resources of historic resources at risk for identified extant resources flooding and loss due to sea level Improvement of local data rise Improved understanding of local conditions Improved communication with non-local partners about specific needs H. Develop response protocols for 3 Develop post-disaster survey strategies to preservation program staff facilitate recordation of conditions,damage,and applications for available funding Development of pre-disaster,disaster,and post- disaster training for response staff,preservation program staff,and others as appropriate Assignment of higher importance for these geographic areas I. Develop training for response staff 3 Involvement across governmental sectors to on use of maps for historic resources optimize effectiveness J.Develop process for review of 4 Implement effective process to access funding emergency stabilization for historic resources in local historic districts to ensure appropriateness of repairs/ alternations Virginia Beach Historic Preservation Plan:Chapter 3 25 ACTION SUPPORTING INITIATIVES PRIORITY TARGET OUTCOMES LEVEL OBJECTIVE 5:Address the threat of recurrent flooding,projected sea level rise,and other hazards and disasters to Historic Resources and develop post-recovery strategies A. Develop a social justice and equity 1 Improved acknowledgment and inclusion of mission statement that ensures underrepresented communities and associated equitable inclusion of the City's historic resources in planning initiatives diverse history and resources in Enhancement of positive outcomes for these resilience and mitigation initiatives historic resources B. Ensure that all NRHP,Virginia 1 Spatial representation of significant resources Landmarks Register MR),and Production of accurate and useful GIS mapping Action 5.2: locally designated properties are of identified extant resources Continue to clearly identified in flood mitigation Improvement of local data incorporate planning/mapping Improved understanding of local conditions historic resources Improved communication with non-local partners into the City of about specific needs Virginia Beach's C.Clearly show documented historic 2 Spatial representation of significant resources overall plans and archaeological sites on flood Production of accurate and useful GIS mapping for sea level risk maps(Archaeological resources of identified extant resources rise,recurrent should only be located generally,with Improvement of local data flooding, any specific mapping reserved for Improved understanding of local conditions and climate- authorized use only.) Improved communication with non-local partners related disaster about specific needs preparedness and recovery efforts D. Incorporate questions relevant 3 Process improvement to historic properties on the City's Damage Assessment Form to quickly identify and allocate resources to affected properties E.Work with City departments to 3 Interdepartmental coordination and cooperation target mitigation funding and grant applications toward historic resources vulnerable to flooding and disaster risk 26 Virginia Beach Historic Preservation Plan:Chapter 3 ACTION SUPPORTING INITIATIVES PRIORITY TARGET OUTCOMES LEVEL OBJECTIVE 5:Address the threat of recurrent flooding, projected sea level rise,and other hazards and disasters to Historic Resources and develop post-recovery strategies A. Use existing language in the 2 Preparedness for climate related problems/ City's zoning ordinance that enables disasters exemption requests from the Federal Emergency Management Agency (FEMA)-required flood risk reduction measures for designated historic properties B. Develop FEMA exemption 2 Improvement of process request form and documentation requirements in coordination with floodplain manager C.Establish process for review and 2 Improvement of process Action 5.3: Build consideration of FEMA exemption preservation requests in coordination with program capacity floodplain manager to plan for D. Require adequate existing 3 Create and update baseline documentation for and respond conditions documentation in significant resources to sea level conjunction with exemption request rise,recurrent to build pre-disaster documentation flooding, of resources and disaster preparedness and E.Develop and implement design 3 Improvement of process recovery efforts guidelines for flood mitigation and Preparedness for climate-related problems/ adaptation in Historic and Cultural disasters Districts(HCD),which prioritize use of exemption requests concurrent with alternative parcel-level risk reduction strategies F.Engage staff and HRB in review 4 Expansion of board responsibilities process to ensure alterations and Improvement of process retrofit design are appropriate and do not negatively impact the historic resource G.Ensure alternative protection 4 Improvement of process measures are required and that there is post retrofit monitoring Action 5.4: A. Distribute tool kit via multiple 1 Increased public knowledge of disaster Develop disaster platforms preparedness and recovery preparedness Increased access to disaster planning information and recovery Enhancement of positive outcomes for historic toolkit for historic resources property owners Virginia Beach Historic Preservation Plan:Chapter 3 27 ACTION SUPPORTINGPRIORITY T• • OUTCOMES LEVEL OBJECTIVE 6: Protect Historic and Cultural Resources through Education and Enhanced Incentives Action 6.1: A.Maintain a list of threatened 1 Establishment of standard procedures to Identify properties and identify resources regularly review and update the list threatened associated with underrepresented Increased public awareness of threats to historic historic resources communities and narratives in the list resources in Virginia Beach of threatened properties Increased public awareness of which resources and engage are threatened with property owners to discuss preservation opportunities that may be available to them A.Evaluate needs related to 1 Codification of protective practices protection of archaeological resources Investigation of incentives to perform Action 6.2: archaeological assessments Enhance local B. Regularly evaluate the existing 2 Alignment of ordinance with best practices protections historic preservation ordinance and through the revise as appropriate Virginia Beach City Code C.Evaluate property owner interest in 3 Engagement with historic property owners establishing additional HCDs Increased number of historic resources under voluntary protections A. Improve coordination with other 1 Process improvement City departments to identify when Cross-training with other City staff significant,listed,or threatened Improved knowledge of City staff and the public Action 6.3: resources would be affected by permit about local historic resources Develop process applications involving those resources for information B.Establish incentives that encourage 3 Expansion of incentive program sharing of preservation of neglected properties potential demolition plans for historic C•Collaborate with Code 4 Improved interdepartmental communication and resources Enforcement to monitor the collaboration Condemned Properties list Prevention of demolition of historically significant structures Increased opportunities to document historic resources 28 Virginia Beach Historic Preservation Plan:Chapter 3 ACTION SUPPORTING INITIATIVES PRIORITY TARGET OUTCOMES LEVEL OBJECTIVE 6: Protect Historic and Cultural Resources through Education and Enhanced Incentives A.Advocate for expanding the 1 Expansion of incentive program partial tax exemption for VIR-listed properties B.Develop incentives to encourage 2 Expansion of archaeological resource assessment of archaeological assessments resources C. Regularly review the application 3 Process improvement process for the City's Partial Real Improved guidance provided to tax exemption Action 6.4: Estate Tax Exemption for Historically applicants Enhance Significant Rehabilitated Structures Improved rehabilitation project outcomes incentives that and make revisions as appropriate encourage private investment D.Direct project review of Partial 3 Expansion of HRB responsibilities in historic Real Estate Tax Exemption or Improved guidance provided to tax exemption preservation similarly incentivized projects to the applicants Preservation Planner and the HRB for Improved rehabilitation project outcomes initial and final review and approval E.Advocate extending the local 4 Expansion of incentive program rehabilitation tax exemption program Encouragement of appropriate rehabilitation to properties that contribute to practices Virginia Beach HCDs or VLR Historic Districts A.Direct property owners to existing 1 Expanded community involvement in resources and incentive programs preservation Increased public awareness Increased community participation in Action 6.5: preservation initiatives Increase B.Send annual letter/card to property 2 Expanded community involvement in awareness owners in the HCDs reminding them preservation among property of the zoning overlay and informing Increased public awareness owners of historic them of the process for project Increased community participation in preservation development,review,and approval preservation initiatives programs and incentives C.Collaborate with organizations 4 Increased public awareness to provide new residents with Increased community participation in information about the city's history, preservation initiatives historic neighborhoods,and historic Expanded informational outreach resources A.Assist Housing and Neighborhood 2 Process improvement Preservation in the development of a Improved services to citizens Programmatic Agreement with DHR to expedite Section 106 review for Action 6.6: projects Partner internally B. Develop policy requiring 2 Established Administrative Directive to ensure consultation with City preservation Exploration of Section 106 Programmatic preservation of staff prior to and during the Agreement historic resources preparation of Environmental Reviews Coordination of historic resource survey efforts associated with and Section 106 compliance and with internal partners City initiatives and mitigation for all City projects projects C.Develop process to integrate FEMA 3 Process improvement enabled flood compliance exemption into repair grant and emergency stabilization projects Virginia Beach Historic Preservation Plan:Chapter 3 29 ACTION SUPPORTING INITIATIVES PRIORITY TARGETOUTCOMES LEVEL OBJECTIVE 7: Invest in Educational Support and Opportunities for Internal and External Customers A. Per CLG requirements,provide 1 Satisfied annual compliance criteria annual training for HPC and HRB members B.Support staff,HPC,and HRB 1 Satisfied annual compliance criteria attendance to DHR's CLG training workshops Action 7.1: Fund C. Provide training for HRB members 1 Well-informed HRB members staff,HPC,and on the Historic&Cultural District HRB training Design Guidelines annually D.Support attendance by staff,HPC, 1 Well-informed HPC,HRB,and staff and HRB members to regional and national conferences that focus on historic preservation issues and topics E.Develop and implement new 1 Process improvement member orientation and training for Well-informed HPC and HRB members HPC and HRB A.Coordinate with DHR to present 2 Expanded community involvement in workshops on VLR and NRHP preservation nominations and the potential Increased public awareness associated financial incentives Increased community support of preservation initiatives B. Present to civic leagues and 2 Expanded community involvement in neighborhoods about the City's preservation Action preservation program and potential Increased public awareness Developp for listing in the VLR and NHRP(if Increased community support of preservation and produce appropriate) initiatives educational Increased interest and queries in state and workshops and federal designation materials for C.Reestablish the historic property 3 Increased feedback from stakeholders historic property owners and the owners'group or establish a similar Inclusion of underrepresented communities in general public forum to foster preservation local preservation dialogues education,collaboration,and pride Improved communication and connection with public Improved accessibility to HPC and Staff D.Partner with preservation 4 Increased public awareness organizations to host hands-on Increased community involvement in workshops that address specific preservation initiatives community needs and interests Increased public education in specific community needs and interests 30 Virginia Beach Historic Preservation Plan:Chapter 3 ACTION SUPPORTING INITIATIVES PRIORITY TARGET OUTCOMES LEVEL OBJECTIVE 8:Seek to continuously improve the administration of and funding for the historic preservation program Action 8.1: A.Use the Plan to inform preservation 1 Goals and priorities regularly updated Implement program goals and priorities Completion of additional survey projects the Virginia Completion of diverse historic designations Beach Historic Incorporation of historic preservation goals and Preservation Plan priorities into other City projects and initiatives Improved public awareness and education about preservation and the City's preservation program Action 8.2: A.Use economic impact study to 1 Investigation of evidence of economic benefits of Commission determine best sources of funding for historic resources an economic historic preservation initiatives Increased public knowledge about economic impact study of impact of historic resources historic resources Distribution of study results to educate elected and historic officials and the public preservation in Incorporation of study data into other planning Virginia Beach initiatives,especially tourism planning and disaster and hazard mitigation planning A.Seek amendments to preservation 1 Alignment with best practices ordinance and Comprehensive Plan as Action 8.3:Adopt appropriate and implement B.Educate HRB,HPC,City staff, 1 Well-informed Board members,Commissioners, Design Guidelines and the public about the Design Staff,and public for the City's Guidelines Established cross-training with other City Historic and departments Cultural Districts Improved review process for Certificates of Appropriateness Improved community knowledge of preservation program A.Conduct joint training with HPC 2 Alignment of goals and HRB to facilitate understanding Improved communication Action 8.4: of roles,duties,and responsibilities of Improved processes Review the roles each,as well as the greater goals and and purposes of objectives of the historic preservation the HPC and HRB Program and evaluate the B.Review and revise the HPC's 2 Improved process efficiency of the committee structure as needed Improved efficiency and focus on structure of each accomplishment of goals and objectives body C.Provide for regular planning 2 Alignment of goals retreats and training opportunities for the HPC and HRB Virginia Beach Historic Preservation Plan:Chapter 3 31 ACTION SUPPORTING INITIATIVES PRIORITY TARGET OUTCOMES LEVEL OBJECTIVE 8: Seek to continuously improve the administration of and funding for the historic preservation program A.Seek funding through the City's 1 Expanded financial support of preservation budget process for specific projects program and initiatives B.Seek,promote,and advocate for 1 Increased public knowledge of diverse history funding of specific historical themes and historic resources and narratives,such as historic resources of BIPOC communities Action 8.5: Continue seek C.Leverage Section 106 review 2 Increased opportunities to complete program grant funds for and mitigation agreements to fund goals preservation applicable goals of the Plan Improved project coordination and partnering between various City departments program D. Explore use of alternative 3 Increased opportunities to complete program funding sources that can be used goals for a combination of City services Improved project coordination and partnering and initiatives,such as pre-disaster between various City departments mitigation grants E.Advocate for additional 3 Expanded financial and professional support of professional staff preservation program Increased capacity of preservation program 32 Virginia Beach Historic Preservation Plan:Chapter 3 .,., •� tip:• Y '4 fti• HISTORIC RESOURCE DOCUMENTATION PLANNING & PRIORITIZATION a,. Alv h, THIS PAGE INTENTIONALLY LEFT BLANK 34 Virginia Beach Historic Preservation Plan:Chapter 4 4.1 ' • D • Over the next ten years, resources constructed as decision matrix, as well as a proposed survey and recently as 1980 will become the subject of historic documentation plan. The decision matrix provided resource surveys and some may become eligible in this document is a static example. However, the for listing in the Historic & Cultural Districts (HCD), Historic Preservation Commission (HPC)and staff will Virginia Beach Historical Register (VBHR), Virginia utilize a digital decision matrix that allows for side-by- Landmarks Register (VLR), National Register of side comparison of multiple potential preservation Historic Places (NRHP). In Virginia Beach, residences initiatives and documentation projects as a means constructed prior to 1980 make up more than 40 to select annual programs. The example survey and percent of the housing stock,totaling nearly 60,000 documentation plan provided in this chapter is based dwellings. This number does not include commercial upon HPC and Staff priorities, as well as findings and and other non-residential forms of construction during recommendations of the recent survey work (2018 & this period of exponential suburban growth. In order 20"20) summarized below, current local, state, and to assist in prioritization of preservation initiatives, national priorities,and the public comments received and more specifically documentation of the vast as part of the development of the Virginia Beach number of historic resources, this chapter explores Historic Preservation Plan (HPP). various prioritization factors,and provides an example W11.14 AM WMIJI_ • • 01",1111 RIMMA I TO During the five years prior to adoption of this HPP, Historic Architectural Resource Survey Update, City the City of Virginia Beach completed city-wide of Virginia Beach, Virginia - Northern Half, 2018 architectural survey and archaeological assessment efforts that resulted in four studies that are named and In 2018,Cultural Resource Analysts, Inc.completed on described below. These documents provide the City behalf of the City of Virginia Beach a reconnaissance- with broad historic context, identify resources eligible level historic architectural resource survey for the and potentially eligible for the VLR and NRHP, and northern half of the city as an update to a survey provides recommendations for future work. The _ findings of each of these studies are summarized below. N All past and future survey and documentation efforts undertaken by the HPC follow established State 1 ' and Federal guidelines, including the Guidelines for4 - Conducting Historic Resources Survey in Virgin and the Secretary of Interior's Standards for Identification. Figure 4.1 -4510 Holly Road was surveyed and recommended potentially eligible for the VLR and NRHP during the Historic Architectural Survey Update- Northern Half in 2018. Virginia Beach Historic Preservation Plan:Chapter 4 35 completed in the early 1990s. The survey area covered the portion of the city generally above the Green Line,which separates the northern and souther ' portions of the City and developed in the 1980s to `T'INO limit residential development in the southern half of the city, thus preserving a substantial agricultural r„r_ area. The survey documented 49 neighborhoods and 100 individual resources located outside Figure 4.2 - 2641 Sandfiddler Road was surveyed during the of neighborhood boundaries, for a total of 283 Historic Architectural Survey Update-Southern Half completed in 2020. resources. Nine neighborhoods were recommended as potentially eligible for nomination to the VLR and • Chesapeake Beach Historic District PIF(completed NRHP as historic districts, 12 individual resources 2022) were recommended eligible or potentially eligible for • Newsome: Farm Cemetery PIF (completed 2022) listing on the VLR and NRHP. Additionally, 15 were • Seatack Historic District NRN (anticipated recommended as potentially eligible for inclusion in completion 2023) a Multiple Property Document (MPD) form for VLR and NRHP consideration on themes including African Historic Architectural Resource Survey Update, City American Churches, automobile related services, of Virginia Peach, Virginia -- Southern Half, 2020 historic commercial corridors such as the ViBe district, social halls (masonic temples and African American In 2020, on behalf of the City of Virginia Beach, lodges), multi-family housing and architecture related Cultural Resource Analysts, Inc. completed a second to the resort industry along Virginia Beach. reconnaissance-level historic architectural resource survey to document the southern half of the City.The Since completion of the 2018 survey,the City of Virginia survey area covered the portion of the City generally Beach has implemented a number of the consultant's below the Green Line, documenting 250 resources recommendations. These include completion of one and evaluating 17 communities for their potential to MPD, four National Register Nominations(NRN),and be listed as historic districts. The survey found seven two Preliminary Information Forms (PIF). At the time communities potentially eligible for the VLR and of adoption of this HPP,the City also had several other NRHP as historic districts,and 42 individual resources projects underway including one NRN, and one PIF. were recommended eligible or potentially eligible for These projects include: the VLR and NRHP. • Oceanfront Resort Motels MPD(completed 2020) Since completion of the 2020 survey, increased • Jefferson Manor Motel Apartments NRN documentation of resources in the southern half of the (completed 2021) city has become a priority for the HPC. At the time of • Cutty Sark Motel NRN (completed 2022) adoption of this plan,the HPC completed one PIF for • Blue Marlin Motel NRN (completed 2022) the Pleasant Ridge School. The survey plan, herein, • Woodhurst Historic District PIF (completed 2021) includes additional recommendations for targeted • L & J Gardens Historic District NRN (completed documentation initiatives in the southern half of the 2022) City. 36 Virginia Beach Historic Preservation Plan:Chapter 4 VIRGINIA BEACH ARCHITECTURAL SURVEY & ARCHAEOLOGICAL ASSESSMENT GEOGRAPHIC AREAS 3r FlPst Lan�dmg StMte Park Aiai G @ _ P Wit'� pinyc :P f C td -L' Fdrer �ti4 Atlantic Ocean Virjni' E K° (:rcat...d 6„ S"0 4 9E 4 M r S I F jy 5 \or!hwest Rrvet fate Natural Area Preserve arr., False Na Cape S'.. Natural A,=.. PreQary•.. LEGEND ❑ Northern Half Historic&Cultural Districts Southern Half • National Register Listed Properties/Districts Both Figure 4.3 Virginia Beach Historic Preservation Plan:Chapter 4 37 Archaeological Assessment of the Northern Portion generally below the Green Line in February 2020.The of the City of Virginia Beach,Virginia,2018 survey area included 93 resources; however, 17 sites were not evaluated during the survey due to access In February 2018, an archaeological assessment was limitations. The assessment identified 37 sites with undertaken by Dovetail Cultural Resource Group to a high potential to contain intact cultural deposits, document the City's archaeological resources located where 39 were either partially or totally destroyed. generally above the Green Line in the northern half Among 21 newly recorded sites, seven were of the City. The survey area included 310 resources; recommended as potentially eligible for the NRHP however,93 were not evaluated during the survey due and six sites were recommended as not potentially to access limitations, and 19 were not re-evaluated eligible. since their data had been updated or recorded within the previous 5 years. In total, 57 sites were assessed as having a high potential to contain intact cultural deposits, and 146 sites were either partially or totally destroyed. Prior to the survey, seven sites within the study area had been recommended eligible for the National Register by the Virginia Department of Historic Resources (DHR), 34 as potentially eligible, - 90 as not eligible, and 184 sites had not been =* evaluated for eligibility. Archaeological Assessment of the Southern Portion , of the City of Virginia Beach,Virginia.2020 Figure 4.4 Remains of Hunting Club on Big Cedar Island The second portion of the City's archaeological (44VB0032)was documented in the Archaeological Assessment assessment examined the southern half of the City of the Southern Portion of the City of Virginia Beach. The City of Virginia Beach has financially supported allocation and continued grant-seeking are highly numerous preservation projects throughout its recommended. history, especially since the establishment of the HPC in 2008. With the program's current annual It is estimated that the time required to complete the City budget allocation of approximately $90,000, objectives outlined in hapter " accounts for at least the HPC is able to fund several small projects, or 1 full-time employee in addition to active involvement a couple of larger projects. HPC staff have been by all other stakeholders. The objectives of Chapter successful in securing additional grant funding that , therefore, cannot be combined with the existing has multiplied the impact of the current budget duties and responsibilities of HPC staff. An analysis and increased the HPCs return on investment. In must be performed to determine the number of order to fund the community's vision for the historic additional full-time equivalent hours (FTEs) required preservation program,an increase in the HPC's annual to implement the Virginia Beach Historic Preservation 38 Virginia Beach Historic Preservation Plan:Chapter 4 Plan (HPP). Since this will be a recurring expenditure, — implementation of the HPP will require an increase r in funding for staff to support the Preservation Program. Therefore, the Planning Department ;ARCHAEOLOGICAL ASSESSMENT OF THE SOUTHERN PORTION OF THE CITV OF should evaluate current staffing levels, and request VIRCINIA BEACH,VIRGINIA additional funds from City Council for additional HPC staff. City Preservation Staff should collaborate e, within the Planning Department and also with other ,,,,,p, H.,y,,,w,;,,, City departments to maximize the impact of public funds by partnering on complementary initiatives, as identified in Chapter 3. Cm,nwmm,raBhof\irtania Ik'pariment of M44oric Rrwurcr. As mentioned, the HPC staff has been successful ter-•&Y in securing and managing grant funding for special DOVETAIL projects. It is recommended that the HPC staff continue its grant seeking efforts to implement the objectives of the HPC as outlined in this HPP, as well as the recommendations of the 2018 and 2020 Architectural Surveys and Archaeological Assessments. The Decision Matrix in this chapter Figure 4.5 - The Archaeological Assessment of the Southern will assist with prioritization of annual projects. City portion of the City of Virginia Beach, Virginia was partially priorities can often be matched with funders seeking funded through DHR's Cost-Share Grant in 2020. to achieve complementary objectives. Specific grant program objectives change periodically,and HPC staff Cost-Share Grant The Survey and Planning should continue to seek new grant opportunities and Cost Share Program assists local governments in funders. Below are several organizations that typically meeting their preservation planning goals through fund preservation projects, and information about identification of historic resources. DHR manages some of their long-standing grant programs, that may the administrative functions and manages provide important financial support to implement the selected projects, thereby decreasing the objectives of this plan. administrative burden on the recipient. DHR also selects qualified consultants to complete Cost- VIRGINIA DEPARTMENT OF HISTORIC RESOURCES Share-funded projects. The Cost-Share Program (DHR) typically requires a dollar-for-dollar match from the local government. The DHR funds several grant programs that focus on a wide range of activities. While two programs are Certified Local Government (CLG) Grant: described in detail below, the DHR also periodically The CLG Grant program is a benefit to those allocates funding for special grant programs that meet communities in the Commonwealth that are specific annual priorities of the Department. designated CLGs in good-standing with DHR and National Park Service (NIPS). Ten percent of Virginia Beach Historic Preservation Plan:Chapter 4 39 visit the NPS website or Grants.gov. The programs noted below are those that the City may be eligible v_ for and that might assist in implementation of the Preservation Plan. ISS • • . Save America's Treasures Grants (SAT): This grant # # program was established in 1998 to help preserve nationally significant historic properties and collectives that convey our nation's rich heritage li { to future generations.The SAT program is funded — y through the Historic Preservation Fund (HPF) Ion r using revenue from Outer Continental Shelf oil lease revenue, rather than tax dollars. The grant funds preservation and rehabilitation (bricks-and- mortar)of properties that are individually listed as IM, a National Historic Landmark (NHL)or contribute DHR to a National Historic Landmark District, or are Figure 4.6-The City of Virginia Beach was awarded a CLG Grant individually listed in the NRHP for national level to develop standards and guidelines for its historic and cultural of significance or contribute to a nationally- districts to furnish the city's HRB with suitable guidance in significant historic district listed in the NRHP. project planning and review. The City of Virginia Beach received a 2004 SAT all federal Historic Preservation Funds (HPF) that grant for preservation work on the Thoroughgood come to the Commonwealth of Virginia must be House. While this means the Thoroughgood distributed to CLGs through the DHR. DHR meets House is no longer eligible for an SAT grant,other this requirement through this grant program, properties in Virginia Beach may be eligible for which is competitive and limited to CLGs. As a the SAT grant program. CLG community, Virginia Beach is one of the few localities in Virginia that is eligible to compete for Underrepresented Communities Grants (URC): these funds. The goal of this grant program is to diversify the NRHP. Projects should result in the survey, NATIONAL PARK SERVICE (NPS) inventory, and listing of historic properties associated with communities underrepresented Like DHR,the NPS offers a number of grant programs in the National Register. The City of Virginia that fund a range of project types from bricks- Beach was awarded URC funds for the survey and and-mortar preservation to planning, survey, and nomination of Seatack and L&J Gardens Historic educational programming. NPS grant programs are Districts in 2019. subject to annual funding allocations. Priorities, programs,and funding amounts may change overtime. African American Civil Riqhts Grants: This grant This plan outlines a few of the grant programs that program funds projects to document, interpret, NPS currently administers. For current opportunities and preserve sites and stories related to the 40 Virginia Beach Historic Preservation Plan:Chapter 4 the HPP. Most of the NTHP grant programs require membership in one of the Trust's programs. National Trust Preservation Funds (NTPF): The NTPF are intended to encourage preservation at the local level by supporting on-going preservation work and by providing seed money for preservation projects. These grants help Figure 4.7 - The nomination to the VLR and NRHP for L&J stimulate discussion, enable local groups to gain Gardens Historic District(pictured above)was funded by the the technical expertise needed for preservation NPS URC grant program. projects,and introduce the public to preservation African American struggle to gain equal rights as concepts and techniques. These grants are citizens. Grants fund a broad range of planning, typically for small projects and range from $2,500 development and research projects for historic to$5,000.There are multiple cycles per year,and sites including: survey, inventory,documentation, priorities may change annually. interpretation, education, architectural services, historic structure reports, preservation plans,and African American Cultural Heritage Action Fund: bricks-and-mortar repair. This grant program seeks to advance ongoing preservation activities for historic places such History of Equal Rights: This grant program funds as sites, museums, and landscapes representing a variety of project types focused on preservation ,African American cultural heritage. The fund of sites related to the struggle of all people to supports capital projects, organizational capacity achieve equal rights in America. The funds may building, project planning, and programming and be used to fund physical bricks-and-mortar interpretation. preservation work, as well as planning activities for sites listed in or determined eligible for listing The Cynthia Woods Mitchell Fund for Historic in the N R H P or as a NHL for its association with Interiors:This program, established in 1997,seeks equal rights. to assist with the preservation, restoration, and interpretation of historic interiors. Funds may be NAI IONAL TRUST FOR HISTORIC PRESERVATION used toward planning and implementation of the (NTHP) project, including the bricks-and-mortar work. The NTHP offers a variety of grant programs that Johanna Favrot Fund for Historic Preservation: fund project types and range from small awards that This program aims to save historic environments serve as seed funding for special projects to larger in order to foster an appreciation of America's awards that fund project planning and execution. diverse cultural heritage and to preserve and Like other funders mentioned in this Chapter, the revitalize the livability of the nation's communities. NTHP periodically updates its program priorities.The The funds may be used toward a broad range of programs noted below are those that the City may be projects including planning, design services, and eligible for and that might assist in implementation of bricks-and-mortar work. Virginia Beach Historic Preservation Plan:Chapter 4 41 THE NATIONAL CENTER FOR PRESERVATION long-term solutions to reduce impact. The program is TECHNOLOGY AND TRAINING (NCPTT) specifically designed to: The NCPTT is a program of the National Park Service • reduce vulnerability of communities to disasters that helps preservationists find better tools, better and their affects, materials, and better approaches to conserving • promote individual and community resilience, buildings, landscapes, sites, and collections. It • decrease recovery and response needs in post- conducts research and testing in its own laboratories, disaster situations, and provides cutting edge training around the US, and • create safer communities less reliant on external supports research and training projects. NCPTT financial assistance. periodically has funding available for special projects, and eligible projects are typically focused on FEMA manages a number of programs that may innovative research that develops new technologies benefit the City's historic preservation program and to preserve cultural resources, specialized workshops assist with implementation of this Preservation Plan, or symposia that address national preservation needs, including: and development of training materials for practical preservation methods. For current information on this • Hazard Mitigation Grant Program (HMGP), grant program visit the NCPTT website,or Grants.gov. • Flood Mitigation Assistance Grant(FMA), • Pre-Disaster Mitigation Grant(PDM),and FEDERAL EMERGENCY MANAGEMENT AGENCY • Building Resilient Infrastructure and Communities (FEMA) (BRIC). FEMA Hazard Mitigation Assistance Grants provide funding for projects that reduce or eliminate long- term risk to people and property from future disasters. The grants are based on the principle that mitigation • planning breaks the cycle of disaster damage, reconstruction, and repeated damage, and looks for Figure 4.8 - FEMA has multiple programs and grants to assist communities with pre-disaster and mitigation planning. This section provides tools for the HPC and City the potential usefulness of these factors in selecting staff to assist in prioritization of historic preservation annual projects and allocating City and grant funds. projects, which may range from historic resource The Decision Matrix is a tool forthe HPC and Citystaff documentation efforts like VLR and NRHP to establish organized programmatic goals based on nominations or architectural surveys to bricks-and- the recommendations of the recent survey work and mortar rehabilitation projects. Each of the following their objectives as outlined in this HPP.The purpose of subsections discuss factors that contribute to the matrix is to help the City make funding decisions prioritization. At the end of this section, an example and targeted grant-seeking efforts for annual project Decision Matrix has been provided to demonstrate planning, which may include reconnaissance survey, 42 Virginia Beach Historic Preservation Plan:Chapter 4 research, historic highway markers, PIFs, NRNs, MPDs, factors have been included based on the public context studies, Hazard Mitigation Planning, historic engagement process and stakeholder comments structures reports, and other recommended forms of collected during development of the Virginia Beach documentation. HPP. The factors also take into account risks such as development pressure and flooding, as well as Among the factors are standard considerations for priorities of preservation partners such as the DHR, evaluating the potential eligibility of historic resources NTHP, Preservation Virginia, and the NPS. for listing in the VLR and NRHP. Additionally, some 7,1 I Potential historic resources have been prioritized a according to their location within the City of Virginia Beach, generally split between the Northern and : Southern halves of the city. The results of the - - 2018 and 2020 architectural surveys informed the development of the Geographic Area Matrix Value in the Decision Matrix. Because the southern half of the city has significantly fewer recognized resources,the HPC has placed greater priority on projects that are Figure 4.9 Lovitt House was surveyed during the Historic Architectural Survey Update-Southern Half completed in 2020 in this area. and recommended potentially eligible for the VLR and NRHP. 4.4.2 NEWLY SURVEYED RESOURCF-L' 71 Properties may be listed in the NRHP individually or and are often complex individual properties,academic as part of a multi-property historic district. Historic or institutional campuses, or industrial properties Districts allow for many more resources to be added that require survey and recording of a number of to the NRHP in a single effort, and therefore, usually resources that,together, make up a single property.A benefit a larger number of property owners. On the medium-sized district may include one neighborhood other hand, the level of effort and funding required or commercial area, for example, and generally has for a large historic district deserves consideration. between 100 and 300 resources. Large historic An appropriate balance between districts and districts may include large residential subdivisions and individual nominations over the duration of the neighborhoods, large and dense commercial districts, HPP is recommended in order to provide the as well as expansive rural properties that each consist maximum benefit to city residents while also offering of multiple resources. Large districts usually consist of opportunities for listing individual resources. more than 300 resources. The Matrix Value places a higher priority on larger districts,which would impact In order to assist with funding decisions, the matrix a greater number of city residents and result in a includes historic district size. A small district is greater increase in the number of surveyed resources. generally one that includes fewer than 100 resources, Virginia Beach Historic Preservation Plan:Chapter 4 43 ASSOCIATED . ; NPS PRIORITIES The DHR and NPS periodically establish priorities for documentation based on social, cultural, and academic trends, gaps in existing inventories and context documents, and threats to historic resources. This factor is broadly defined so that new and .:.: emerging trends in preservation and funding priorities may be added in the future, giving the HPC and City ➢1r� P' 1 Y > „ staff flexibility in its approach to documentation. Figure 4.10 - The Seatack neighborhood is one of the oldest Some current priorities among preservation African American neighborhoods in Virginia Beach. As an professionals and government agencies include: underrepresented resource in the NRHP, its nomination was a high priority to NPS. Underrepresented Resources: The NPS has identified a list of key themes, broken into two established as priority the diversification of periods: nominations to the NRHP. These are resources associated with racial and ethnic minority history, N 1946-1976:The Cold War(includes Korean and LGBTQ communities,the Civil Rights Movement, Vietnam Wars); Expanding Government Roles, and other communities that are not well- Economic Prosperity, Modern Architecture, documented within the NRHP. Civil Rights Movement, Social Upheaval The New Dominion Initiative: This initiative, « 1976-1991 : Movements for Social established by the DHR, focuses on Virginia's Justice and Equal Rights, Stagnation and recent past and architectural history from 1946- Deindustrialization/Digital Technology, Post- 1991. The initiative is intended to encourage Modern Architecture, End of the Cold War documentation and development of historic contexts that are associated with the immediate The HPC has prioritized documentation of aftermath of World War II through the end of underrepresented resources, and therefore, has the Cold War. In addition to the architectural separated this category in the Decision Matrix from movements associated with this period, DHR has other preservation priorities. When evaluating historic resources for their potential • location eligibility for the VLR and NRHP,it is critical to analyze • setting the resources using the following Seven Aspects of • design Integrity: . materials • workmanship • feeling • association 44 Virginia Beach Historic Preservation Plan:Chapter This seemingly simple concept can be fairly complex to historic features may have a high degree of historic evaluate.The Seven Aspects of Integrity are tied to the integrity.The level of integrity plays an important role resource's areas and periods of historic significance, in deciding which resources to prioritize for VLR and rather than physical condition. For example,a building NRHP consideration. Reconnaissance-level survey in pristine physical condition, but which has lost a for historic districts and/or intensive-level survey for significant portion of its historic materials or design individual resources can help determine integrity and may not retain integrity; while a building in poor support prioritization of future work such as PIFs and physical condition, but which retains many of its VLR, and NRHP nominations. While many historic resources represent common architectural types or are associated with historic contexts that are well-represented, survey work may also identify rare resource types,which are those that are few (either because many of them have been ,. lost, or few ever existed). It is important to consider 7t intensive-level survey and documentation of rare extant resources, especially those threatened by development, natural disaster, or other risk factors. Rarity of resource type is often a route for listing � the LR and NRHP that m historic resources in h V - t may have lost some degree of historic integrity or that does not have a well-documented history. ► Properties that are considered to be rare in Virginia Figure 4.11-The de Witt Cottage is the last oceanfront cottage in Virginia Beach. Preserved as a museum and event center,it is a Beach were assigned a high Matrix Value. good example of a rare resource in the city. The Decision Matrix incorporates archaeological in a given geographic area. These results informed potential for resources, primarily based upon recent the Matrix Value assigned in the Decision Matrix. archaeological assessments undertaken in the Those areas with high concentrations for potential Northern and Southern halves of the city. Both surveys underground resources received higher values under resulted in probability mapping, which estimated Archaeological Potential. the number of potential archaeological resources Virginia Beach Historic Preservation Plan:Chapter 45 Prior to the establishment of the HPC in 2008, there in place significantly reduces the cost of preparing an were no recognized NRHP residential districts in individual property nomination,the combined cost of Virginia Beach. Since 2017, the HPC has sponsored the MPD and individual nominations will likely offset one successful residential, commercial, and tax exemption and other financial benefits individual governmental historic district nomination and four property owners may receive from the recognition. successful residential historic district nominations. Neighborhood civic organizations are unlikely to In addition, non-profit organizations may own have treasuries that can cover the cost of nomination potentially eligible resources but would not have research and form development,let alone the required the financial resources to pursue a nomination. The resource survey preparation. Some neighborhoods historically African American Pleasant Ridge School, potentially eligible for listing may not even have a civic which is owned by a church, is a good example in organization. Virginia Beach. In the case of thematically connected resources that The consideration for hardship in the Decision Matrix are not adjacent or in geographical proximity to one recognizes that some historic resources will need another, it is unlikely that numerous property owners assistance from the HPC and grant sources to achieve would pool their funds to have a Multiple Property recognition and it provides some prioritization for Document (MPD) established as a method for them. achieving listing in the NRHP.Although having an MPD • DEVELOPMENT THREAT ' Development and/or re-development pressures pose a significant threat to historic resources of every type and represent one of the most contentious ; s ? situations faced by supporters of historic preservation. ' Properties that are vacant, neglected, or in otherwise " poor condition also face demolition risks. Given the short time-frame of development projects and level ..: . .;." 7 w�•:: ., .. of effort necessary to challenge demolition orders, historic resources caught in these situations often must become an immediate priority or be permanently lost. Figure 4.12-The loss of historic fabric forever alters the character of a community and should be done only after thoughtful consideration of alternatives. 46 Virginia Beach Historic Preservation Plan:Chapter 4 • FLOOD ' While floods have always been a threat for properties of multiple sources of inundation as well as other in certain areas of the country, the risk for tidal and hazards to historic resources.This site offers a present storm related flooding has increased dramatically and future flood risk for properties and the primary in recent years. Buildings and other resources building on each parcel.The decision matrix considers constructed decades, or even centuries ago were Risk Factor ratings in its prioritization. (Note: Since frequently built near to water for economic or social the HPP was originally drafted, Flood Factor has re- reasons. A critical first step for the City is to identify branded to Risk Factor, and is still in beta stages as of and survey resources that are at high-risk for flooding publication. The platform now offers more limited before they are beyond repair or completely lost. information about individual property risk without a Furthermore, historic resources located in high-risk paid subscription.Subscription options were released flood areas must be considered a high priority for in November 2022 and require significant investment; documentation and potential listing in the NRHP. lower cost alternative platforms should be explored) Listing in the NRHP provides property owners with the potential for greater flexibility in the face of natural disaster and flood-risk mitigation. Listed properties are given priority for disaster relief funds following a major storm event. Further, designation as an historic R property in a local, state, or National inventory allows t• historic properties to qualify for exemption from a 3: FEMA mitigation requirements. Property owners are able to propose more appropriate retrofit alternatives to mitigate the impact of recurrent flooding and sea level rise. A new method found to be effective for initial flood risk assessment for buildings is IiSK16LLW.Wi(t; this is 4. useful as a supplement to the mapping in Sea Level Wise as it takes into account future projections Figure 4.13-Sunny day flooding at Horn Point Club in2019. Virginia Beach Historic Preservation Plan:Chapter 4 47 4.4.10 SAMPLE DECISION MATRIX Potential NRHP PIF/ Geographic Newly Underrepresented Priority Themes Integrity of Nomination Projects Area Surveyed Communities Resource Type Resources Matrix Value Northern(1) 1-100(1) Ethnic/LGBTQ(3) Civil Rights(1) Low(1) Southern(2) 101-300(2) New Dominion(1) Good(2) Both(2) 301+(3) Good to High(2.5) High(3) African American 2 1 3 1 '2 Churches MPD Aragona Village 1 3 - 1 '2 Historic District Back Bay Historic 2 1 - - 2.5 District Charity Historic 2 1 - - 2.5 District Creeds Historic 2 1 - - 2.5 District Creeds School 2 1 - - 2.5 Historic District Doyletown Historic 1 1 3 - '2 District Eureka Park Historic 1 1 - 1 2.5 District Laurel Manor Historic 1 2 1 2 District Munden Point 2 1 - '2 Historic District Pleasant Ridge 2 1 - 2 Historic District Pungo Historic District 2 1 - - '2 Queen City Historic 1 1 3 - 2 District Thoroughgood 1 3 1 2.5 Historic District *These resources were initially surveyed during the Northern and Southern Survey during 2018 and 2020. "'Numbers demonstrate prevailing flood range within the district.These numbers are found on the riskfactor.com website as of September 2022. 48 Virginia Beach Historic Preservation Plan:Chapter 4 Rarity of Resource Archaeological Hardship Development Flood Risk** Total Value Potential Threat Low(1) Unknown(1) Non-Profit(1) Low(1) 1-4(l) Medium(2) Medium(2) MPD(2) Moderate(2) 5-7(2) High(3) High(3) District(3) High(3) 8-10(3) 1 1 2 1 1 15 1 1 3 2 1 15 2 2 3 1 3 16.5 2 2 3 1 1 14.5 2 2 3 2 1 15.5 2 2 3 2 1 15.5 3 1 3 1 1 16 1 1 3 2 1 13.5 2 1 3 1 1 14 2 2 3 1 2 15 2 2 3 1 1 14 2 2 3 2 1 15 3 1 3 2 2 18 1 1 3 1 1 14.5 Figure 4.14 Virginia Beach Historic Preservation Plan:Chapter 4 49 The example survey and documentation plan on the threat risks, and concerns and interests of the public next page provides a framework for implementing as identified through the public engagement for the recommendations of the recent survey work and this HPP. For example, flood risk and vulnerability to the objectives of this HPP.This work will primarily be disaster should rank highly among survey projects. performed through professional survey; however, it Representatives of the NTHP and the DHR have may also include preparation of PIFs,VLR and NRHP stated that survey and documentation are key to nominations, State Historical Highway Markers, and disaster planning, since it is impossible to implement Historic Context Documents. preservation policies that support at-risk properties without knowing they exist and where they are In order to maximize the City's professional and located. Areas where significant redevelopment financial resources,larger context studies and planning pressures exist or are anticipated should rank highly documents should be prioritized during the first few for reconnaissance survey. Reconnaissance survey years of the HPP implementation. The findings of projects should also follow the recommendations of these larger historic context documents and planning larger historic resource context studies, such as Post- tools will fine-tune the selection of future work and World War II suburbanization in the city. It is critical smaller-scale projects. Using the recommendations of to continue public and stakeholder engagement the recent comprehensive surveys and assessments, annually to ensure that projects align with current context documents, and tools such as the Decision priorities and address imminent threats. Matrix, projects such as PIFs, VLR and NRHP nominations,and updates to existing nominations can be prioritized accordingly. Perhaps most important when considering VLR and NRHP nominations will be stakeholder and property owner engagement. # Without their approval, nominations for individual r1ulpt, THE listing and/or historic districts may not be successful. r Furthermore, preservation best practices encourage prioritization of projects based on demonstrated '�. � . public support. � t Prioritization of reconnaissance survey should look to �- the contextual and historical development patterns, Figure 4.15 A recent dedication ceremony of a historical highway marker recognizing and celebrating Filipinos in the U.S. Navy. 50 Virginia Beach Historic Preservation Plan:Chapter 4 SAMPLE SURVEY & DOCUMENTATION PLAN Newsome Farm Cemetery NRN Chesapeake Beach Historic District NRN Pleasant Ridge School NRN Gun & Hunt Clubs MPD (Pocahontas Hunt Club) PIF YEARS 1-2 Resort Motel (Beach Carousel) PIF Initiate Development of Recurrent Flooding & Sea Level Rise Mitigation Plan for Cultural Resources mow Initiate Development of Historic Context for Post WWII Suburbanization Archaeological Assessment of one property P, Gun & Hunt Clubs MPD (Pocahontas Hunt Club) NRN Resort Motel (Beach Carousel) NRN Queen City Historic District PIF Back Bay Historic District PIF YEARS 3-4 Complete Development of Recurrent Flooding&Sea Level Rise Mitigation Plan for Cultural Resources Complete Development of Historic Context for Post WWII Suburbannization Archaeological Assessment of one former gun club property Update an early NRHP nomination Queen City Historic District NRN Back Bay Historic District NRN Doyletown Historic District PIF (or African American Churches MPD - PIF) Creeds Historic District PIF YEARS 5-6 Drum Point Hunt Club PIF Intensive survey of high risk flood areas(based on recommendations of Cultural Resource Hazard Mitigation Plan) Update of Survey and Documentation Plan based on Historic Context and Recurrent Flooding & Sea Level Rise Mitigation Plan recommendations Archaeological Assessment of one property(possibly marine archaeology) • Doyletown Historic District NRN (or African American Churches MPD - NRN) • Creeds Historic District NRN • Drum Point Hunt Club NRN YEARS 7-8 • Resort Motel PIF • Survey of Aragona Village Historic District(utilizing Block Grant funds) • Archaeological Assessment of one property • Update an early NRHP nomination Resort Motel NRN Pungo Historic District PIF YEARS 9-10 Horn Point Hunt Club PIF Archaeological Assessment of one property Update an early NRHP nomination Figure 4.16 Virginia Beach Historic Preservation Plan:Chapter 4 51 • UPDATING , a EARLY NOMINATIONS • • TO THE • LANDMARKS REGISTER • NATIONAL REGISTER OF HISTORIC PLACES Nominations that were prepared during the early years of the National Register program (1966-1970s) required much less documentation, research, and contextualization of resources. The primary goal of the earliest VLR and NRHP nominations was to simply identify and minimally document the nation's oldest and most architecturally significant buildings._, f4"i Therefore, many of these nominations lack basic `'' information such as Periods and Areas of Significance, -` as well as proper contextual ization of the history of ` these resources. Many of these older nominations Figure 4.17 - The Adam Thoroughgood House was originally should be updated using current forms, standards, listed in the NRHP in 1966,the VLR in 1969,and a recent update and research. was completed in 2008.As of 2022,this is the only nomination in Virginia Beach that has been updated. Many nominations prepared during the 1980s • 1960s - 2 NRHP nominations and 1990s may also benefit from additional • 1970s - 8 NRHP nominations documentation. Often these nominations, especially • 1980s -1 NRHP nomination for historic districts, arbitrarily cut off the Period of • 1990s - 2 NRHP nominations Significance at the "50-year-rule," which ended 50 • 2000s - 8 NRHP nominations years prior to the authoring of the nomination and is • 2010s - 6 NRHP nominations the general threshold for determining if a resource • 2020s - 5 NRHP nominations is considered historic. Many times, nomination authors were explicit with this reasoning, and other Another important consideration for making updates times it is clearly implied.This resulted in many Non- to existing VLR and NRHP nominations is the contributing primary or secondary resources that may potential to bring to light new information about a now be Contributing based upon additional research historic property, such as twentieth century history, and justification of an expanded period of significance details about African-American or other minority and/or additional areas of significance. The following history that was not initially documented, and other list of NRHP nominations in Virginia Beach by decade discoveries resulting from research or scientific illustrates that approximately half of the existing processes. Development of a separate decision matrix nominations predate current requirements and may for updating existing NRHP nominations may assist in be candidates for additional documentation: prioritizing these projects. 52 Virginia Beach Historic Preservation Plan:Chapter 4 �•< a .._<. '- �. Al 71 i. f L 1t x AIA�t, 1 1 / • ® . i pw Ist -rf r e :fl • C rL Y�j � � � r �,�.^� ..� R c��J„�I. .•.•��r_y;.1�'�':+w'"'77�� ' �.' .� yy4. �'. ;firs Yp }r c�'�"^fit'. i � • F i rt+�} .y�n �• t Z t • ^�a ,;!i � :'k i �1/ ay K�� :+r , 1�" ��ti .� .+e.•S ,�.,k � �� A'. r• R„y'rjr•�e' i act 'r R.�rt * l`•}"SR THIS PAGE INTENTIONALLY LEFT BLANK 54 Virginia Beach Historic Preservation Plan:Chapter 5 The origins of historic preservation in the United in 1889. While the preservation movement of the States date to the mid-nineteenth century, when nineteenth and early to mid-twentieth century were the Mount Vernon Ladies Association formed to primarily concerned with the preservation of colonial save George Washington's house and estate on houses and large estates, the field has evolved to the Potomac River in Alexandria, Virginia. Virginia meet the challenges of each generation.This chapter is also home to the nation's first statewide historic explores the history of historic preservation in Virginia preservation organization, Preservation Virginia, Beach, and the current trends and challenges in (originally the Association for the Preservation of historic preservation broadly and locally. Virginia Antiquities, or APVA) which was founded V 10 Historic Preservation efforts in Virginia Beach began Thoroughgood House Foundation. The Foundation in the early twentieth century. Grace Keeler owned completed a rehabilitation project in 1957 to coincide the Thoroughgood House and she engaged the with the 350th anniversary of Jamestown. The services of Charles Over Cornelius, a curator from property was eventually given to the City of Norfolk. the Metropolitan Museum of Art in New York, to advise her restoration efforts. William W. Oliver, Sr. On a community-wide scale, the Princess Anne purchased the Lynnhaven House in 1923. Although County Historical Society was chartered in February he used it as a tenant house on his farm, he refrained 1961 and Rear Admiral Leon Manees served as their from making wholesale changes to the building and first president. The Princess Anne County Historical kept the original building fabric intact. The APVA Society has also been involved in restoring and (now Preservation Virginia) took on the ownership preserving Pembroke Manor and Upper Wolfsnare, of the Cape Henry Lighthouse in 1930 as a major preservation project. Well-known photo-journalist Frances Benjamin Johnston did extensive architectural survey photography in Virginia in the 1930s and took a number of photographs of buildings in Princess Anne , County that are now held in the Library of Congress. Local couple Sadie Scott Kellam and Vernon Hope Kellam did their own survey and published Old Houses in Princess Anne Virginia in 1931. When the property around the Thoroughgood House was was sold for development in the mid-1950s, there were concerns about the fate of the historic Figure 5.1 Crowd gathered for an event at the Adam Thoroughgood House, no date. This was taken before the building. Local philanthropist Henry Clay Hofheimer, restoration and presumably during Grace Keeler's ownership Jr. stepped forward and created the Adam period.(Courtesy of the Library of Virginia) Virginia Beach Historic Preservation Plan:Chapter 5 55 which are both now Virginia Beach Historic and VIRGINIA BEACH'S HISTORIC Cultural Districts(HCDs).The Historical Society added PRESERVATION PROGRAMS Virginia Beach to its name on its 25th anniversary in 1986,and is now known as the Princess Anne County/ Virginia Beach Historical Society. Historic Preservation Commission (HPC): The HPC,established in 2008,is primarily responsible for historic preservation advocacy and education. In February 1963, the Virginia Beach City Council They oversee the administration of this appointed an eleven-person Historical Commission Preservation Plan, the Research Grant Program, to study and report on buildings and structures of the Local Virginia Beach Historical Register, and architectural or historical significance to require most of the initiatives of the CLG program. preservation or restoration; places of significance Historical Review Board (HRB): The HRB, requiring marking and recordation; methods for established in 1974, serves as the regulatory arm preserving items of historical interest; and, methods of the historic preservation program. Its members for bringing the history of Princess Anne County and review proposed changes to properties located in the City's Historic and Cultural Districts, and Virginia Beach to the school children and citizens. issues COAs. Among the Historical Commission's recommendations was the establishment of a permanent Virginia Virginia Beach Historic and Cultural Districts (HCD): The HCD program was established in Beach Historical Commission for the "purpose of 1969 to preserve and protect significant historic the preservation and restoration of such buildings, and cultural areas in the city.There are currently structures or other items in the City of Virginia Beach 16 HCDs that are overseen by the HRB. as, in the opinion of the Commission shall have Virginia Beach Historical Register(VBHR): The architectural and historical significance and which VBHR was established in 1999 to recognize should be preserved for the benefit of the people buildings, structures, and sites of historical and cultural significance to the city. The program of the City and the State." Their recommendation is honorific, carries no regulatory restrictions, included giving the Historical Commission the and allows property owners to seek local tax power of review and approval for plans for repair, exemption for rehabilitation. rehabilitation, and restoration of those properties Virginia Beach Research Grant Program: The they deemed historically significant. They also Research Grant Program, established in 2016, recommended the establishment of a charitable provides funding to encourage scholarship about foundation to support the work of the Historical persons, places, and events, significant to the history of Virginia Beach. The program typically Commission. results in a final context report, historical marker, or interpretive signage. After several years, the Virginia Beach City Council established the first local historic district zoning There are currently sixteen (16) Historic and Cultural overlay in 1969. It included the 1822 Princess Anne Districts in Virginia Beach. County Courthouse and the developing Virginia Beach Municipal Center. In 1974 the City Council revisited The City of Virginia Beach became more actively their efforts to establish a working Historical Review involved in historic preservation when it began Board (HRB) and designated seven additional HCDs. acquiring historic properties. Since the mid-1970s The HRB was assigned to the Planning Department. the city has acquired the following historic properties: 56 Virginia Beach Historic Preservation Plan:Chapter 5 • Francis Land House (1975), • Seatack Life Saving Station/U.S. Coast Guard A s Station (1979), • Whitehurst Buffington House (1987), ' • deWitt Cottage (1995), • Ferry Plantation House (1996), • Thoroughgood House (2003), and r "' ■s • Lynnhaven House (2008). All An effort to survey historic resources in the City .. -- was initiated in 1988 in the Office of Research and Strategic Analysis. Although a printed report Figure 5.2-Seatack Life Saving Station/U.S.Coast Guard was produced in 1990, the survey had not been Station. performed to state standards. The Planning Department subsequently applied for cost share funds About that same time, the Virginia Beach Historic from the Virginia Department of Historic Resources Preservation Partnership,an initiative championed by (DHR). Through that funding source, the Planning Historical Society President Glenda Knowles, sought Department produced surveys and inventories of to establish a revolving fund organization to preserve historic architectural resources for the northern half of historic buildings in Virginia Beach. The partners the City in 1992 (Frazier)and the southern half of the included the Historical Society, the City, and the City in 1993 (Traceries) that met professional survey Hampton Roads REALTORS ®Association.Although standards. the revolving fund never developed,the Preservation Partnership published 50 Most Historically Significant In 1991, the City of Virginia Beach Department Houses and Structures in Virginia Beach in 2008.This of Museums & Cultural Arts was established and pictorial booklet was very popular and demonstrated included the Virginia Marine Science Museum, the a strong public interest in historic buildings in the City. Francis Land House, and the Arts and Humanities Commission. Department Director C. Mac Rawls In 2006, the Virginia Beach City Council appointed recognized the need for stronger advocacy for historic a Historic Sites Organizing Committee (HSOC) to preservation by a City department and looked to review the governance structure of the City-owned incorporate that role into Museums and Cultural Arts. and operated historic properties and provide Under his direction, the City again utilized the state guidance on creating a board or foundation. The cost share program to help fund the development Council's resolution also requested the committee to of a Historic Resource Management Plan (HRMP) assist and advise the City in its historic preservation in 1994. This was the City's first Preservation Plan efforts.On March 25,2008 the HSOC recommended for its historic preservation program. In 1999, City to City Council that a HPC be established with Council established the Virginia Beach Historical appropriate funding and staffing. They stated that Register to recognize properties that are historically the long-term funding goal should be $1 per capita or architecturally significant. for the program. Virginia Beach Historic Preservation Plan:Chapter 5 57 The Virginia Beach HPC was established by City & Community Development to manage the City's Council on April 22, 2008. The Commission consists historic preservation program and to serve as its CLG of 15 members appointed by Council and two coordinator.The position provides staff support to the Council-appointed non-voting student members from HPC and supervises the HRB staff. local high schools. C. Mac Rawls was appointed as the initial Chair for the Commission.The Commission Among the City's most recent notable advises City Council and City departments on all accomplishments, and a little over a decade after issues related to the preservation of historic buildings, their establishment, the HPC was recognized by structures,and sites in Virginia Beach.Their mission is Preservation Virginia. The statewide preservation to preserve, protect and maintain the historic identity non-profit organization awarded the Commission its of Virginia Beach through advocacy, public awareness, Katherine Glaize Rockwood Award for Outstanding and involvement. Community Preservation in 2020. The City of Virginia Beach became the 35th locality in Virginia to be designated as a Certified Local Government (CLG) by the National Park Service (NPS) in 2016. The CLG designation recognized t Virginia Beach as having the key elements in place for =i a sound local preservation program.The requirements for the new CLG included updating architectural surveys and performing archaeological assessments. ` m f1T For both initiatives, the northern half of the City was 1 , completed in 2018 and the southern half in 2020. s;:, In 2017, a full-time historic preservation planner Figure 5.3-The Virginia Beach Courthouse Village&Municipal position was funded in the Department of Planning Center Historic District is one of sixteen HCDs in Virginia Beach. This Virginia Beach Historic Preservation Plan (HPP) is Prior to the development of this HPP, the authors an update to the HRMP(prepared by PMA Consulting and City staff reviewed the 1994 HRMP in order Services in association with E.H.Traceries and Edward to understand past goals and objectives, as well as Otter), which was adopted in 1994. The HRMP accomplishments to date. This review helped inform established a framework for how best to manage the guiding principles and recommendations in this plan, City's historic resources while balancing other City particularly stronger integration of preservation priorities. Five primary objectives were identified in practices with economic development initiatives and the HRMP. The HRMP also identified key strategies tourism initiatives. A summary of accomplishments of and specific actions to support each of the plan's main the HRMP follow here: objectives. 58 Virginia Beach Historic Preservation Plan:Chapter 5 1994 HRMP FIVE OBJECTIVES & ACCOMPLISHMENTS Objective 1. To utilize special opportunities where historic resource preservation can assist to enhance tourism,economic development&other important goals of the City. Accomplishments: — Provided incentives for preservation and ` restoration — Acquired Thoroughgood (2003) and Lynnhaven (2008) Houses _ — Hosted 400th Anniversary events (2007) including Magna Carta Exhibit and Boardwalk - - History Festival _ — Presented several Holiday Historic Homes Tours — Provided shuttle buses to Preservation Virginia to address access challenges to Cape Henry Figure 5.4 - Briarwood received an automatic partial tax exemption for individual listing on the Virginia Landmarks Lighthouse and the Cape Henry historic site Register(VLR) Objective 2.To initiate a program that recognizes significant historic resources and establishes a sense of public awareness and pride in how these resources relate to the history of the City and the region. Accomplishments: — Commissioned Northern (2018) and Southern (2020) architectural surveys — Commissioned Northern (2018) and Southern (2020)archaeological assessments „p I Added significantly to entries in the Virginia Cultural Resource Information System (VCRIS) --- --- -- -- -- - - Initiated development of thematic nominations to the National Register of Historic Places Figure 5.5 Thematic nominations to the NRHP were — Successfully prepared a National Register of prepared, like the Oceanfront Resort Motels& Hotels(1955- Historic Places (NRHP) Multiple Property 1970)that included Jefferson Manor Apartments Documentation of the Oceanfront Resort Motels & Hotels(1955-1970) — Established the VBHR (1999) and recognized — Successfully prepared a NRHP Historic District over 75 historic properties with certificates and nomination for the L&J Gardens Neighborhood plaques — Achieved listing of historic districts in the NRHP — Financially supported installation of numerous including Oceana Neighborhood, Courthouse state historical highway markers Village and Municipal Center, and Cavalier Shores Virginia Beach Historic Preservation Plan:Chapter 5 59 Objective 3.To enhance and more fully develop a long-term historic resource management plan. Accomplishments: - Adopted partial tax abatement for rehabilitation - HPC established (2008) by City Council of VBHR properties - Certified Local Government(CLG)designation - Designated additional HCDs (2016) from National Park Service - Continued documentation of historic resources - Led the effort to establish enabling legislation by Virginia General Assembly for tax abatement for individual listed VLR properties Objective 4. To seek funding and financing resources to support the continual development and management of historic resources. AF # Accomplishments: Awarded NPS grant funding (FY19) for .�...w survey and nomination to NRHP of two I1 ho P 'I`; Underrepresented Communities - Seatack and �_ {' L &J Gardens . :, , Participated in DHR cost share funding to assess archaeological resources _ - Received several federal transportation enhancement grants through the Virginia .,: .. Department of Transportation (VDOT) to accomplish Cape Henry Lighthouse stabilization Figure 5.6 - Back Bay's Farmhouse Brewing Co. integrated a — Utilized CLG funding to develop Design historic resource into new development Guidelines for Historic and Cultural Districts Objective 5. Involve the community in defining and managing historic resources. Accomplishments: - Established committee of high school students " ' t to assist with raising awareness of historic r.: preservation in the schools - Involved students in development of historic building/site entries in the Clio App l - Initiated activities for Historic Preservation Month �\ to enhance awareness of historic preservation - Engaged younger and more diverse adult audiences through initiatives like Pints or Preservation — Planned and held regularly scheduled public Figure 5.7-Student Leaders Committee advocating for enhanced preservation policies with state representatives meetings to inform citizens and get input 60 Virginia Beach Historic Preservation Plan:Chapter 5 • This HPP addresses existing trends, challenges, and opportunities for historic preservation in Virginia Beach. The areas described below are specific _ to Virginia Beach but are also an indication of larger regional, state-wide, and national trends in preservation. The objectives and actions outlined Y S in Chapter 3 address and provide strategies for -' overcoming these challenges and taking advantage Figure 5.8-The demolition of historic cottages in the North End of new and established opportunities for advancing is a recent trend as property values often make preservation less preservation. attractive to property owners without public policy to balance costs and promote the community benefit. • 1110 • � . Based on U.S. Census estimates, in 2019 Virginia Figure 5.9-Virginia Beach Population:Age Beach had a population of 449,974, making it the most populous city in the Commonwealth of Virginia. Virginia Beach has a relatively young community, with a majority of the city's residents under the age of 55 (73%), with the largest single age bracket between the ages of 20 to 34 (23%). Although the majority of Virginia Beach's housing stock is owner occupied (62%), the city has a high percentage of renter occupied properties (33%). The educational achievement of Virginia Beach's population is above the national average and is likely a contributing factor 12%9&under 14% 35 to 44 8%65 to 74 to the city's above average household income. The 12%10 to 19 13%45 to 54 =4%75 to 84 majority of the city's population identifies as white 23%20 to 34 =13% 55 to 64 1%85&older (64.9%), while racial and ethnic minorities comprise o Statistical Area, otherwise known as Hampton approximately 44/0 of the population. The largest Roads, has the largest active-duty military population of these minority populations is African American o in the United States and is home to nine major (19.6/0), followed by Hispanic or Latino of any race militar installations from all branches of the U.S. (8.8%) (Figure 5.11). It should be noted that the these y statistics add up to greater than 100 percent since the Armed Forces. Out of the nine military installations numbers include ethnicity, which may apply to any in Hampton Roads, three military installations are race. located in Virginia Beach and encompass a total of 9,861 acres. These installations include: Naval Air The military community makes up a significant Station Oceana,Joint Expeditionary Base Little Creek - Fort Story(JEBLCFS),and Naval Air Station Oceana portion of the population of Virginia Beach and the surrounding area. The Virginia Beach Metropolitan Dam Neck Annex. Virginia Beach Historic Preservation Plan:Chapter 5 61 According to the Virginia Beach Economic Figure 5.10-Virginia Beach Population: Development Office, approximately 91,380 active- Housing Type duty military were stationed in Hampton Roads in 2020. This high number of active-duty military not only contributes to the city's young average age, but it also results in regular residential turnover.This turnover can present challenges in terms of developing deep community roots; however, it also provides the opportunity to continually engage new members of the community about Virginia Beach's historic and cultural resources. Additionally, an average of 14,000 active-duty military personnel leave military service 62% Owner 33% Renter M 55,,SAvailable/ annually in Hampton Roads and frequently choose to Occupied Occupied Vacant remain in the area. Approximately 196,519 veterans resided in Hampton Roads in 2020. Because historic Figure 5.11 -Virginia Beach Population: and cultural resources are often considered important Race/Ethnicity* community assets, historic preservation initiatives may provide additional incentive for veterans to stay in the Virginia Beach community upon retirement. The public opinion survey conducted in conjunction with the development of the HPP provided a snapshot of the demographics of those engaged with historic preservation in Virginia Beach. The majority of survey participants who offered demographic information identified as female (67%) and white (79%). There was a relatively even distribution of participants ages 64.9%White 0.4%American Indian or 19.6%African-American Alaska Native 20 to 75, however, noticeably fewer residents under M 8.8% Hispanic/Latino(of 5%Two or more races the age of 20 participated (or offered demographic any race) 2.5% Other information). The City's historic preservation 7.7%Asian/Pacific Islander program should increase efforts to better engage this 'Percentages include race and ethnicity. Data was found at the Virginia Beach Economic Developmen website. younger demographic, which in contrast to survey participation, makes up a larger percentage of the goals outlined in the Guiding Principles, it is important total population. for the HPP to address this gap in participation and Although the overall population of Virginia Beach is provide strategies for increasing the diversity among also largely female (51%) and white (65%), there is those who are active and engaged with the City's historic preservation program. This gap should be a noticeable gap in participation among persons of highlighted as an o opportunity to engage new groups racial and ethnic minorities (21%) compared to the pp y g p overall population (44/0 o ). In order to achieve the and encourage participation in preservation activities and visitation to historic sites. 62 Virginia Beach Historic Preservation Plan:Chapter 5 • .2 HISTORY OF ' •WTH IN VIRGINIA BEACH & OVERVIEW OF DEVELOPMENT PRESSURES From the early-to-mid seventeenth century until the early twentieth century, Princess Anne County • remained rural, and almost entirely an agrarian economy. The population was sparse and focused on waterways for transportation of goods. Roads were rudimentary and few in number. In 1823, the courthouse and county seat moved to its current .-a n 5?C location, which was central in the nineteenth century, but far from densely developed areas by the twentieth century. Figure 5.12-Munden's Grocery has stood at the crossroads of the Pungo area of Virginia Beach since 1908 and is a good example of an endangered historic resource. Truck farming brought a significant expansion of agricultural production from the late nineteenth Virginia at that time, when areas of counties which century until well into the twentieth century; by bordered a city became developed the city could 1900 approximately 75 percent of land cleared in the annex that part of the county to support its urban Tidewater region was used for truck farming. growth and expansion.On January 1,1959,the City of Norfolk annexed thirteen and one-half square miles, After World War I, the resort town of Virginia Beach and 38,000 residents, of Princess Anne County as began to rapidly expand and this,combined with other part of this "orderly growth" concept for cities. The factors such as the growth of the Naval Air Station, 1959 annexation began a long, organized campaign permanently changed the character, development by leaders in both Virginia Beach and Princess Anne patterns, and population density of the northern half County to resist further expansion by the City of of the county versus the south. Development through Norfolk. This resistance was led by prominent local the twentieth century and to the present day have politician Sidney S. Kellam. continued these trends. In September 1961,Princess Anne County and the City The number of farms fell more than 50 percent from of Virginia Beach made a surprise joint-announcement 1900 to 1958, while the northern half of the county regarding a goal to merge the two jurisdictions and saw substantial new development with the arrival thus block further expansions by the City of Norfolk. of the Little Creek Amphibious Base, the Fleet Air On November 10, 1961 the Princess Anne Board Defense Training Center at Dam Neck, and the Naval of Supervisors and the Virginia Beach City Council Air Station at Oceana as a result of World War ll. unanimously approved a merger agreement. Kellam and the other leaders rapidly organized a public Another driving force behind the growth of Virginia referendum for January 4, 1962 before the start Beach and, specifically, the merger between the of the next General Assembly session. The merger City and Princess Anne County was the continued referendum passed overwhelmingly and by February expansion of the City of Norfolk. Traditionally in 28, 1962 the General Assembly had approved the Virginia Beach Historic Preservation Plan:Chapter 5 63 merger creating the new City of Virginia Beach. The Princess Anne County Courthouse complex was chosen as the new city hall and seat of government. �� xn��l�rfh: �AV Growth for the City of Virginia Beach followed rapidly. At the time of the merger on January 1, 1963, 4 the new city had a population of 111,400. Virginia Beach became the most populous city in Virginia PRO in 1982 and by 1988, twenty-five years after the Figure 5.13 - A c. 1960 house at Sandfiddler Road along the merger, had a total population of 360,000. Several oceanfront in the Sandbridge area of the southern half of Virginia times during that period Virginia Beach was ranked Beach as the fastest growing city in the United States. With this growth in population came an explosion decades, this project gave the city the "downtown" in housing and commercial development, marked it never had. Town Center is located close to the by tens of thousands of housing starts per year in midpoint between the oceanfront and downtown the 1970s and 1980s. Numerous developments, Norfolk,just off of Interstate 264. Incorporating Class many involving hundreds of homes, sprang up across A office space, retail, restaurants, and high-density northern Virginia Beach, further differentiating it residential development,Town Center was designed from the southern half of the city. With almost every to be a focal point for the city, and even the localities neighborhood came a shopping center or strip mall to bordering Virginia Beach. provide basic services.With every new neighborhood also came the demise of one or more family farms, so Historic resources in the southern half of the city that by the late twentieth century there was virtually weathered this period fairly well with many historic no agriculture remaining in the northern half of the rural dwellings and agricultural buildings remaining city. The leading industry which replaced farming intact. In contrast, the vast amount of housing was tourism particularly focused on the oceanfront. development across northern Virginia Beach A Green Line was developed in the 1980s to limit prompted the loss of many resources. However, a residential development in the southern half of the number of Virginia Beach neighborhoods developed city,thus preserving a substantial agricultural area. directly from former farms and plantations, and around the original historic houses. This resulted in While agriculture remained in the south, and housing the preservation of houses such as Green Hill and developments enveloped most of the north of the Thoroughgood, as well as several houses in the Little city, the oceanfront saw the emergence of multi- Neck and Great Neck areas. story hotels beginning in the 1950s. That trend has continued to the present day so that now there Today, several areas of Virginia Beach face ongoing are few spots along the oceanfront without a hotel development pressures. These development directly adjacent to the beach.The one project which pressures are largely tied to the City's high land redirected the development trend of north Virginia value. In areas like the Oceanfront, North End, Old Beach to some extent was the Virginia Beach Town Beach, and Chesapeake Beach, for example, historic Center, initiated in 2000. Planned in some form for properties are being demolished or altered at a rapid 64 Virginia Beach Historic Preservation Plan:Chapter 5 i i 1 '00, i wn ll! ' -• r Figures 5.14& 5.15-At the left is a high-rise hotel being built on the former Belvedere Hotel location along the beach on Atlantic Avenue. Not far away is a group of cottages(at right)still intact and part of the Cutty Sark Motel.The cottages face development pressures due to the high value of land at the oceanfront. pace to maximize the economic return of the land. and advocate for the economic benefits of historic Modestly-sized historic beach cottages are replaced preservation. In 2014, Preservation Virginia initiated by multi-story townhomes, and low-rise mid-century a three-phase economic impact study on various modern motels are replaced by high-rise, corporate aspects of historic preservation,including the Historic hotels. In areas like the ViBe District, where historic Rehabilitation Tax Credit Programs in Virginia and resources are retained,they are often inappropriately heritage tourism in Virginia. These studies found renovated, compromising the historic materials of the positive impacts resulting from historic preservation in building and diminishing the integrity of potential the state. Localities, such as �. umberland, Maryland, historic districts. While the southern half of the City have also utilized economic impact studies and found has experienced much slower growth, it too faces a that investing in the city's existing historic resources risk of increased real estate development pressure created positive economic results, such as increased as additional acreage is required for new suburban property values in historic districts and greater job residential neighborhoods, commercial space, data growth. The economic impact study will also provide centers, and warehouse and fulfillment centers. insight into the economic value of heritage tourism Furthermore, development pressures in the City that remains untapped. pose imminent threats to archaeological resources, which could be lost due to significant new ground disturbance. One way that other localities have worked to lessen the impacts of redevelopment on historic properties is by demonstrating the economic benefits of preservation. It is recommended that the City commission an economic impact study focused on the benefits of preservation, as well as the current untapped potential of the City's historic resources. Economic impact studies have been utilized at the state level and in numerous localities to document Virginia Beach Historic Preservation Plan:Chapter 5 65 It is important to prepare for future impacts from incorporated into the City's Geographic Information natural disasters in order to adequately document Systems program. Making these map layers accessible and preserve historic resources in Virginia Beach to the public is critical for ensuring that residents prior to inevitable damage. The range of disasters are informed and educated about potential risks. that would likely impact historic resources in Virginia Mapping can also help identify and prioritize historic Beach is fairly limited, including tornadoes, hurricanes resources that are located in the Special Flood Hazard and flooding. Due to the particular vulnerabilities in Area which may benefit from alternative retrofits and this region, the magnitude of flood and hurricane flood mitigation to minimize risk. risk is concerning and is therefore the area of primary focus for this section of the HPP. In order to fully Disaster preparedness, particularly related to integrate architectural and archaeological resources flood retrofits, is also a fairly new area of study for into disaster planning efforts in the City of Virginia preservationists. This emerging body of knowledge Beach, other City Departments must be aware of the requires allocation of resources to allow City staff goals of the HPP and incorporate the vision and data and appointed bodies, including the HPC and HRB, into their own policies and daily operations. to participate in training events and engagement to remain current with available guidance and best Particular risks to historic properties from natural practices regarding flood protection and historic disasters in Virginia Beach include total inundation, properties. Examples of such training opportunities wind-driven damage or destruction, complete loss include Keeping History Above Water (KHAW), during emergent events, and gradual deterioration National Alliance of Preservation Commission's from nuisance flooding/higher groundwater levels. (NAPC's) CAMP Resilience, and the National Park While these risk scenarios can be dire, we have Service's virtual content including a pre-recorded the advantage of clear and predictable events that webinar and forthcoming e-learning activities. provide a long lead time prior to sustaining damage. This enables implementation of disaster preparedness initiatives, including planning efforts to mitigate risk " and document resources when loss is inevitable. In order to successfully integrate the City's historic _ resources into disaster preparedness planning, continued survey and documentation, mapping, f, . and training are necessary. Efforts to survey and document historic resources are already underway in the City, and flood and disaster risk should be Figure 5.16- Elevating properties has become a common action in flood-prone areas to protect them from water inundation. incorporated into prioritizing the documentation of While this is a FEMA-approved method,it is not an appropriate vulnerable resources. As additional survey work is option in all situations as the source and magnitude of flood risk completed, geographic data should continue to be vary by property.Therefore,best practice is to tailor mitigation to the specific circumstances of the site and buildings. 66 Virginia Beach Historic Preservation Plan:Chapter 5 Historic preservationists, owners of historic program is widely utilized in the Commonwealth and properties, and managers of historic sites are often in Hampton Roads, Virginia Beach is home to a small faced with financial and economic limitations minority of the state's projects.There is an opportunity associated with ongoing maintenance, repairs and to increase awareness and utilization of the program upkeep. Cities are also challenged with developing that would result in increased preservation activity annual budgets that adequately serve their residents and economic benefit for the city. and demonstrate proper stewardship of taxpayer dollars. Despite these challenges, the City of Virginia Tourism is among the top industries and sources of Beach has demonstrated a commitment to funding revenue for the City of Virginia Beach. In addition to the protection of its historic resources. Over the its beaches and resort area attractions,Virginia Beach last four years, the City of Virginia Beach allocated is home to several historic house museums and cultural approximately $90,000 in annual operating funds to sites or parks. According to a 2017 study, heritage the Planning&Community Development Department tourism is a significant contributor to Virginia's to fund historic preservation projects. With these economy, and generated nearly $7.7 billion in one funds, the City has been able to leverage grant year.Virginia,and especially the Hampton Roads area support and achieve a number of significant goals and Virginia Beach are home to sites with national since the HRMP. City staff have more than doubled significance to American history, which make it an the annual budget through grant applications and attractive area for those travelers interested in historic awards that have funded special preservation projects sites. Additionally, American travelers appreciate including surveys, VLR and NRHP nominations, the "character, charm, and sense of place" that are Design Guidelines, bricks-and-mortar preservation intrinsic to historic communities.Throughout Virginia, projects like the Cape Henry Lighthouse restoration, heritage tourism also generates more than $3.3 billion and this HPP. This HPP is an opportunity to build on annually in employee paychecks across all industries, the past success of the City's Preservation Program. In addition to grant-funded City initiatives, owners I of historic properties can benefit from financial._-,_ ' ►_ _� incentives, typically in the form of tax credits or tax abatement. A 2018 study Y b the DHR and the Wilder School of Government and Political Affairs at Virginia Commonwealth University (VCU) revealed 6 that the Historic Rehabilitation Tax Credit program has far reaching financial and economic benefits to i ��,� f�•I Virginia localities. Every dollar of historic tax credits , {s ,� �' ,�.,_,_, iiYi��►z allocated, for example, generates $4.73 of economic ` impact. Historic preservation projects also generate Figure 5.17 - Mid-20th Century hotels in the resort area offer an opportunity to promote heritage tourism,especially among approximately 3,500 jobs annually throughout younger generations interested in the aesthetics of mid-century Virginia. While the historic rehabilitation tax credit modern. Virginia Beach Historic Preservation Plan:Chapter 5 67 LESS THAN SIM A SI M TO S25M NORTH S25M TO$50M S50M TO S100M S100M+ f - a oil rd F— , Figure 5.18-The DHR/VCU 2018 study demonstrates the impact 1 of the tax credit program statewide. ` -1 and creates more than 105,000 jobs directly and indirectly. These numbers have lasting impacts on local communities and their residents. In order to fully Inset of the map above demonstrating Hampton understand and support Virginia Beach's local historic Roads'benefit from tax credits and opportunity sites, it is recommended that the City commission an for growth in Virginia Beach. economic impact study of historic preservation and complementary initiatives. Because mitigation tied heritage tourism. A study like this can help the City to Section 106 compliance may result in projects make decisions about how to market historic sites such as survey, new or updated National Register to visitors, and also how to allocate tourism-related Nominations for eligible properties, or enhanced revenue in a way that promotes preservation of its interpretation or public engagement with historic historic and cultural resources. resources,the process can be beneficial to the City's HPP, and the funding associated with it can help Another potential funding opportunity for historic achieve the goals and objectives described in this preservation activities in Virginia Beach is thoughtful plan. and strategic alignment with federally-funded projects that the City is already undertaking that Historical designation offers Virginia Beach an require Section 106 review and mitigation. Section opportunity to better serve its residents, while also 106 of the National Historic Preservation Act (NHPA) stabilizing property values and preserving existing requires consideration of historic properties within housing. Among the benefits of listing in the local or adjacent to projects that are associated with a register, VLR, and NRHP is the potential to alleviate Federal undertaking. Typically, large transportation, the pressures of heightened building requirements infrastructure, and housing projects trigger Section based on flood risk and elevation. Designated historic 106. While Section 106 is sometimes seen as an properties are eligible for exemption from FEMA administrative burden for project managers, it is flood mitigation requirements. This allows property an opportunity for the City preservation staff to owners to initiate substantial improvements to their partner with the various City departments to align structures using an alternative mitigation approach, 68 Virginia Beach Historic Preservation Plan:Chapter 5 which can be more cost effective for an average The City also benefits from the implementation of homeowner, provide retrofits that better protect the the exemption, as it allows for increased investment resource, and are more appropriate for the historic in properties at risk for flooding and stabilizes or property. Property owners benefit from the decreased increases property tax revenues. cost of alterations, and the increased flexibility and streamlined review of proposed improvements. 5.4.5 NEGLECT Neglect of a property is typically a passive process continue to strengthen all City programs, and involving a property owner not maintaining a promote stewardship of historic resources. property and allowing it to deteriorate,or completely abandoning a property and allowing it to fall into ruin. Another important tool is for a local government This can be caused by lack of resources, knowledge, to incentivize the desired property maintenance or motivation. It can also arise when an owner for historic buildings. The first step is a bear set of passes without heirs, or with heirs uninterested in examples and definitions of the standards,which must the property or unwilling to maintain it. This type of be met by the property owner,and staff able to advise neglect is not an active process and is not typically property owners about the expectations. Another done with an ulterior motive. option to provide support could take the form of a city grant or tax relief tied to proper renovation of an The term "demolition by neglect" assumes a more historic property, or loans with generous terms for conscious role by the property owner who chooses to the property owner if performance markers are met purposefully neglect a property in order to cause its in regards to maintenance and repair of the historic deterioration to the point of being unsalvageable,and property. forcing eventual demolition. Demolition by neglect is usually associated with an owner's objection to Neglect should not be confused with the proper zoning laws, building codes, and/or a desire to use mothballing of an historic building. Mothballing the property for a different purpose. Combating demolition by neglect requires the local government to embrace a variety of strategies. The most effective is consistent enforcement of existing building and zoning codes for all property owners - not just those of historic properties. Consistent " enforcement of local zoning and building codes and , - timely reporting of code violations and buildings - flagged for demolition to the City's HPC, HRB, and staff are critical for establishing awareness about preservation concerns. While relationships among Figure 5.19 -Ginns Store in the southern half of Virginia Beach. these City departments already utilize best practices, This is an example of disrepair that can occur due to vacancy and continued communication and coordination will neglect. Virginia Beach Historic Preservation Plan:Chapter 5 69 can be a successful alternative for a property owner who is truly unable to maintain an historic building. This process is also useful for local governments that own historic properties for which they do not have an identified use, or do not have the current budget to support a renovation. Properly mothballing a building will allow for a lengthy delay in any further deterioration by securing the building against the elements and vandalism. Mothballing is also called "de-activating" and is thoroughly addressed in the National Park Service Brief#31 "Mothballing Historic Buildings." Proper mothballing requires a detailed plan before the process begins and should be developed by an architect and an historic preservation professional. The basic goals of the mothballing process are to document the property, stabilize it, and secure it against further harm. Typically, moisture, pests, and vandalism pose the greatest threats. The end result must be an historic building which is protected from these threats and requires only periodic monitoring and minimal maintenance for a certain, predetermined period of time. 70 Virginia Beach Historic Preservation Plan:Chapter 5 EMBEDDING PRESERVATION IN CITY—WIDE PLANNING & INITIATIVES a -` � � R •'rid .; a 46 Z i THIS PAGE INTENTIONALLY LEFT BLANK 72 Virginia Beach Historic Preservation Plan:Chapter 6 6.1 WHEREDOES THE HPP FIT WITHIN OTHER The Virginia Beach Historic Preservation Plan (HPP) only on a limited level. This chapter summarizes is an update to the Virginia Beach Historic Resources complementary City initiatives, including planning Management Plan (HRMP, 1994) and is intended to documents, and discusses how they can incorporate work with and support the city's existing city-wide preservation or could benefit from the tools that initiatives. Several of the city's existing planning historic preservation offers. documents incorporate historic resources, even if 6.2 VIRGINIA BEACH . ARTS PLAN 2030 The Virginia Beach Arts Plan 2030 was developed in 2015 as a framework to "create a more vibrant Virginia Beach through arts and culture."The Plan lays ` out nine goals to address expanding, strengthening, —1—`� supporting, and promoting the arts in Virginia Beach over the following 15 years. For each of the goals, examples are provided from other cities that have been successful in areas that align with the Plan's UIR recommendations. The rehabilitation and use of kI, s.A�k AN 2030 historic buildings are central to the majority of the arts and cultural programs that are highlighted as successful examples around the country. Figure 6.1 / Future: The Virginia Beach Comprehensive Plr , completed in 2016, demonstrates the ways in which the City has worked to incorporate historic resources into city-wide planning efforts. With the Comprehensive Plan, the city was divided into Special Economic Growth Areas, Suburban Areas, the Princess Anne Commons and `rx Transition Area, Rural Area, and Military Installations and Support. Sections dedicated to these various CITY OF VIRGINIA BEACH areas include guiding principles, design principles, COMPREHENSIVE PLAN and recommended policies that incorporate the Policy Document preservation of Virginia Beach's historic and cultural Figure 6.2 resources. Virginia Beach Historic Preservation Plan:Chapter 6 73 The HPP provides strategies for accomplishing the the HPP will support the Comprehensive Plan's Comprehensive Plan's goals for preservation of the goals for economic and community development, city's cultural and historic resources. Additionally, development and redevelopment, and sustainability. • West Neck Creek Park: home of the historic Buffington House r Munden Point Park: historic water access site fi Cape Henry Trail and Norfolk Avenue Trail: conversion of historic rail corridor • Marshview Park: An archaeology suirvey was conducted in 2014 with participation by public schools. Although no highly significant artifacts VIRGINIA BEACH OUTDOORS PLAN were found, the master plan for the park includes interpretation and preservation of the historic site Figure 6.3 within the park. The Virginia Beach Outdoors Plan: A Master Plan for . Open Space near Thoroughgood House: the Parks and Recreation System,completed in 2016, preservation of historical landscape and viewshed is the master plan for the Virginia Beach Parks and • Francis Land Park: public walkway adjacent to the Recreation system, and is a component of the Virginia Francis Land House Beach Comprehensive Plan.This plan introduces new • Little Island Park: home to the historic coast guard goals for park acquisition and improvement projects buildings throughout the city's parks. Additionally, the Virginia Beach Parks & Recreation The Outdoors Plan incorporates Historic and department has identified other potential historic Cultural Areas and highlights the following parks for properties that could be utilized for public parks. their contributions to the City's historic and cultural Under Historic and Cultural Areas, the report details identity: that the Virginia Beach Parks& Recreation department is involved in several projects to highlight historic and • Kemps Landing Park: home to several public cultural contexts throughout the city. monuments 74 Virginia Beach Historic Preservation Plan:Chapter 6 A mitigation plan will enable the City to integrate historic resource protections and planning into the overall Sea Level Wise program. This is particularly - — important because historic resources enjoy a wider array of options for protection and retrofits, accommodation from FEMA for flood protection, and are often constructed of traditional materials Sea Level Wise - - that perform better during and post-storm event. Adaptation Strategy Therefore, management and treatment protocols for historic resources need to be front and center for Figure 6.4 adaptation planning (Sea Level Wise)and post-event recovery (Disaster Preparedness) so that the City of The Virginia Beach Sea Level Wise Adaptation Virginia Beach and property owners fully benefit from StrateQ, , completed in 2020, was developed based the opportunities afforded to them. The mitigation on the Sea Level Rise Policy Response Report to plan would be the planning document to identify understand the challenges relating to sea level rise priorities and policies for treatment of designated and increased flooding events that face Virginia historic and archaeological resources. Beach and to develop strategies to proactively reduce the impacts of these threats. The report presents an Adaptation Framework that incorporates four complementary themes: Natural Mitigations, Prepared Communities, Engineered Defenses, and Adapted Structures. While the program is a part of the City's Department of Public Works, the initiative 12 incorporates city-wide and cross-departmental a services and strategies within its framework.Although the report incorporates strategies for Adapted Structures such as retrofitting existing buildings, the Y, 50r 100Y, smr city's historic resources are not specifically addressed Return Period within the document. Figure 6.5 The Sea Level Wise Adaptation Strategy demonstrates anticipated increase for damage. Given the risk of flooding to historic resources in Within the mitigation plan, the City should Virginia Beach, the City should develop a Recurrent acknowledge and plan for differences in the impact Flooding and Sea Level Rise Mitigation Plan for of nuisance and pervasive flooding versus major Cultural Resources to serve as both an independent storm events for historic properties. Furthermore, document for the Preservation Program, as well as this document will enable clear delineation of roles an Adaptation Strategy Appendix to Sea Level Wise. and responsibilities so that funding and planning for Virginia Beach Historic Preservation Plan:Chapter 6 75 disaster recovery and mitigation can be appropriately Property Owner managed. Examples of these roles and responsibilities ° Proactive property maintenance include: ° Privately funded risk reduction strategies ° Understanding risk and implementing retrofits • Federal, State, Local Government based on true risk ° Major infrastructure projects Neighborhood Association/Civic League • Minor infrastructure projects ° Education • Flood insurance ° Neighborhood wide projects and initiative ° Building Code policies • Exemption requests • • VIRGINIA BEACH RESORTAREA Both incorporate the importance of rehabilitating and adaptively reusing historic properties whenever ORTAREA STRATEGIC ACTION PLAN2030 ADOPTED BY CITY COUNCILNCIL ON 1UNE 2 2020 possible with this being a specific focus of Priority _ va 4.5 of the RASAP. Priority 4.2 of the RASAP also �' „;,. ,a incorporates the erection of historical markers into the r.: . design of streetscapes in the area. Figure 6.6 1 he Resort Area Strategic Action Plan 2030 (RASAP), completed in 2020, provides guidance for the future growth and development of the Virginia Beach Resort Area through a list of seven priorities. Rehabilitating and preserving the area's historic properties was included as part of the Steering Committee's guiding vision, and was incorporated into the Plan's priorities. Two of the RASAP's priorities include historic preservation in their recommendations: • Streetscape design • Support impactful projects that benefit the Resort Area and the City of Virginia Beach 76 Virginia Beach Historic Preservation Plan:Chapter 6 ■ ■ T , k , • THIS PAGE INTENTIONALLY LEFT BLANK 78 Virginia Beach Historic Preservation Plan:Appendix 1 . . . OVERVIEW OF PUBLIC ENGAGEMENT & RESULTS OF PUBLIC INPUT SURVEY The foundation for this HPP heavily relied upon input overwhelming response. In particular the online from Virginia Beach residents, City staff, the HPC, survey resulted in over 1,000 responses that:provided and various stakeholder groups. In order to develop valuable insight. a plan to advance the community's vision for historic , preservation and ensure that the goals herein could Which of the following preservation programs or organizations have you engages be achieved, several engagement meetings were with in the past?Please select all that apply. held. Three focus groups informed the development - � of priorities for engagement. Additionally, the City hosted two virtual public engagement meetings and also issued a city-wide public input survey on its website. Each of these engagement activities is e: ..�... ...�.a� ....o. summarized in the following pages. Due to COVID-19, typical in-person engagement Figure A1.1-During the first virtual public engagement was not possible. The virtual public meetings, and meeting,attendees were able to participate in real time and online public engagement survey resulted in an provide feedback based on their experiences. .10:24,64101 MIN mekmct,1*111. - At the outset of the project, three focus groups were The Student Leaders Committee Focus Group established by City Staff and the DHR. These focus was composed of local high school students who groups included the HPP Steering Committee, the serve as a regular subcommittee of the HPC. This Student Leaders Committee, and a panel of City group indicated the need for greater community staff experts in sea level rise and recurrent flooding. engagement and documentation of historic resources, CPG met with each focus group virtually at the start as well as the need for a central source for information of the project to better understand the goals of these on the city's historic resources. stakeholder groups.These focus groups also informed the development of the public opinion survey and the Lastly,the sea level rise and recurrent flooding group overall HPP. consisted of City of Virginia Beach Staff from Public Works, Planning and Community Development, The Steering Committee was composed of Citizens of Office of Emergency Management, and Housing and Virginia Beach and members of the HPC,City Council, Neighborhood Preservation. In this meeting, city Planning Commission, HRB, and City Government. staff shared the ways their respective departments The Steering Committee emphasized the need for interact with historic resources and current city efforts additional public engagement and interdepartmental to address sea level rise and recurrent flooding. partnerships,as well as interest in how the community viewed and valued historic preservation in Virginia Beach. Virginia Beach Historic Preservation Plan:Appendix 1 79 The first public meeting was held virtually on February 23,2021, and was led by CPG with representation from the Virginia Beach Department of Planning and Community Development, the ••• Communications Office, and DHR. The purpose of the meeting was twofold: provide background information about the project and gain insight from the community about their concerns and priorities relating to historic preservation. The presentation • introduced the project team, outlined the goals and purpose `1 for preparing a historic preservation plan,the project approach, and timeline.Throughout the hearing, the project team offered opportunities for the audience to respond to questions about 55 preservation priorities using the Public Input survey platform in real time. This prompted conversations about preservation in Participants at Webex Event the community and helped inform the plan's recommendations. (Including Staff and Presenters) MEETING #1 PUBLIC; INPUT: KEY QUESTIONS & RESPONSES 1)What factors should be considered when prioritizing historic preservation initiatives?(Select up to 3) 30 A key component of the initial meeting 25 was to develop an understanding of the factors that the community found most 20 important for prioritizing preservation 15 projects, programs, and initiatives. Out of 37 responses, almost all favored 10 cultural value to the community and 5 visitors as vital priorities. Threats to resources and level of community 0 significance also ranked high, showing a v °� o� o a v o a a v r o o - yr o o o strong relationship between community v J Q k v v-O a, values and historic preservation. a Q c aQ O .v O 0 O •J j N O O O LC -C O CJ O v 3 a C � O � v U O H Figure A1.2 Q 80 Virginia Beach Historic Preservation Plan:Appendix 1 2)Which resources should be considered a priority in preservation planning?(Select up to 3) Archaeological sites received the highest number of votes along with meeting places or culturally significant sites, reiterating the connection between preservation and community. Nineteenth-century buildings were also prioritized over mid-century or post-World War II resources. These responses reveal an interest in cultural history and identity, as well as a need for engagement and advocacy for mid- century resources. 67% Archaeological Sites 31% Cemeteries (Native American) 22% Rural landscape 58% Meeting place or (Agricultural heritage) culturally significant sites 17% Mid-century modern hotel 53% Buildings constructed in 14% Other the 1800s 6% Post-World War II suburban 31% Pre-World War II beach neighborhood cottages Figure A1.3 3)What is the greatest threat to historic resources in Virginia Beach?(Top 5 listed below) Development Pressures 73 % - It was important for the project team to understand what the community views as threats to historic resources, as these can 49 % - Land Value vs. Building Value Ratio vary from location to location. Responses overwhelmingly demonstrated a concern 46% - about development pressures and Sea level rise/Recurrent flooding disproportionate land value, both often resulting in demolition. Sea level rise - Funding Constraints and recurrent flooding also ranked high as threats for preservationists in Virginia Beach. - Demolition by neglect Figure A1.4 Virginia Beach Historic Preservation Plan:Appendix 1 81 A public opinion survey was developed to that greatly contributed to the development of the understand community interests, priorities, and HPP. It should be noted that the survey results are values relating to historic preservation in Virginia not without their limitations. Questions assumed Beach, as well as the ways the community engages some level of familiarity with historic preservation, with and learns about the city's historic and cultural museums, and/or cultural heritage. Questions were resources.The survey was open to the public on the broad on purpose,and designed to better understand City of Virginia Beach survey platform from April 26, how residents define, value, and prioritize historic 2021 to May 16, 2021. In total, 1,038 participants and cultural resources. Furthermore, demographic responded to the survey. The following questions questions were unintentionally difficult to answer due from the survey provided key insight into the to the online platform and cross-directional scrolling Virginia Beach community's values and priorities requirements. PUBLIC OPINION SURVEY: KEY QUESTIONS & RESPONSES 1)What images below contain historic buildings,sites,or places?(Out of 862 Respondents) Mae, MAMA mi Ilk �•_ ;ii!il(l�trr '' � IUII4nm�ii _ t _ l� 800 Overall, participants primarily associated 700 historic places with nineteenth and early- twentieth century resources, meeting places or 600 sites of cultural significance. Native American 500 sites also ranked highly among the resources 400 that Virginia Beach residents value.Trends in the 300 selection of mid-twentieth century resources, Modern architecture, or those associated with 200 underrepresented communities indicate that 100 there is likely a need for education or increased 0 � awareness about the cultural and historic Jy� mac ag° o`° o o`�y significance of these sites in Virginia Beach. C� 0 ac ro oF ,mac ��c ray CJ a� Figure A1.5 82 Virginia Beach Historic Preservation Plan:Appendix 1 2) How important are historic resources for Virginia Beach tourism? Preserving historic and cultural resources provides 44 % - Very Important various benefits to a community, including advancing economic development through areas 24 % - Important such as tourism. The overwhelming majority of participants identified historic resources as very important,important,or fairly important to tourism 20 % - Fairly Important in Virginia Beach. These responses demonstrated the cultural and economic value residents place on the city's historic resources. This demonstrates an - Slightly Important opportunity for enhanced advocacy and marketing for historic and cultural resources. 35 % - Not Important At All Figure A1.6 3)What is the greatest threat to historic resources in Virginia Beach? Please select up to 3. 700 Understanding how the community defines its 600 threats to historic resources was a key element in determining appropriate objectives and actions,as 500 well as documentation priorities for the HPP. The 400 survey results indicated that the most significant 300 threats to Virginia Beach's historic resources are development pressures, funding constraints, 200 demolition by neglect, disproportionate land 100 value,and sea level rise and recurrent flooding.Of ■ these threats, respondents ranked development C pressures, sea level rise and recurrent: flooding, .O � o a oa° v F 3 and funding constraints as the top three!threats to a �J ? the city's historic resources. The HPP, therefore, v -D o v places emphasis on planning for the impacts of a a Z ° 0 C e L2 m these threats to historic resources. o v a o 0 C � v V J lo J Figure A1.7 Virginia Beach Historic Preservation Plan:Appendix 1 83 4) Do the City's current preservation programs serve underrepresented communities(racial,ethnic,and gender minorities,for example?) Another key goal of the HPP is to enhance the diversity and inclusion of underrepresented communities and resource types in the City's historic " preservation initiatives. Although the majority of respondents indicated they are either interested in local history and preservation or enjoy visiting historic places and sites, most were unsure if the City's current preservation program serves underrepresented communities. These results indicate the need to continue developing and raising awareness of the histories of the City's underrepresented communities and to provide informed objectives tied to documentation priorities. 20% Yes M19% No 61% I'm not sure Figure A1.8 • The second public meeting was held virtually on June 29, 2021, and was led by CPG with representation from the Virginia •�• Beach Department of Planning and Community Development, the Communications Office, and the DHR. The purpose of the meeting was to present the findings of the online public opinion survey,and to provide an overview of the HPP.The presentation also introduced the project team, reviewed the Plan's guiding principles,objectives, purpose,and timeline,and provided a link to the draft Preservation Plan. Finally, opportunity was given for questions and comments from the public. 22 Participants at Webex Event (Including Staff and Presenters) 84 Virginia Beach Historic Preservation Plan:Appendix 1 APPENDIX RESULTS OF PUBLIC OPINION Preserving History in Virginia Beach Project Engagement VIEWS PARTICIPANTS RESPONSES COMMENTS 2,402 1 ,038 29,570 749 How are you involved in historic preservation in Virginia Beach?Please select the answer that best applies to you. 47%Interested in local history/preservation 41°%Enjoy visiting historic places or sites 6% New to preservation 6% Others 1,020 respondents Which of the following is your favorite place to visit in Virginia Beach? ri 27%Back Bay Wildlife Refuge/False Cape State Park 24%Pungo 14%Sandbridge 12%Resort Area - 8% Other-please describe 7% Cape Henry Lighthouse 6% Thoroughgood House Museum 2% Princess Anne County Training School/Union Kempsville High School 978 respondents Virginia Beach Historic Preservation Plan:Appendix 1 85 Which of the images below contain historic buildings,sites, or places?Select all that apply. A.Lynnhaven House(photo credit:CPG) 834 d $0% E.Native American Archeological Site(photo credit:VDHR Archives) 692 d 79% F.Beach cottage(photo credit:CPG) 685 V C.Cutty Sark Hotel(photo edit:VDHR Archives) 318 B.Seatack Elementary School(photo credit:VDHR Archives) 272./ D.Home in Cavalier Shores(photo credit:VDHR Archives) 240 d 862 Respondents How important are historic resources for Virginia Beach tourism? ■ 44%very important 24%Important ■ 20%Fairly important ■ 10%Slightly important 2% Not at all important 956 respondents 86 Virginia Beach Historic Preservation Plan:Appendix 1 Which of the following should be considered priorities in preservation planning?Please select up to 3 and rank them in order of importance. A building constructed by the 1800s 630 V •` :` i Meeting place or site of cultural significance 391 V OHistorically African-American neighborhood 247.� 33% Rural agricultural landscape and outbuildings 279.i 34% Pre-World War II beach cottages 290 V 31% Cemeteries 263.d 19°fo Rural crossroads community 162 V 7% Mid-century modern hotel 63-/ 4% Post-World War 11 suburban neighborhood 36 V 845 Respondents Which archaeological sites should be considered a priority for assessment and investigation?Please select up to 3 and rank them by order of importance. Prehistoric/Native American sites 590 d Sites threatened by sea-level-rise and recurrent flooding 448.i USites of historic events such as battlefields 263 Sites located in the City's Historic and Cultural Districts 223 V LDSites with historic architectural resources that have had limited or no 381 d previous assessment Sites where architectural resources have been lost or are in ruin 295 d 10% Sites of significance on state or Federally-owned property 78 d 815 Respondents Virginia Beach Historic Preservation Plan:Appendix 1 87 What factors should be considered when prioritizing City historic preservation initiatives? Please select up to 3 and rank them in order of importance. 53% Level of significance to the community 423 d 39% Age of the resource 309 48% Threats to resource such as sea-level-rise/flooding,neglect, 383 development pressure 21% Cost of the project 170,1 26°/a Association with underrepresented groups or minority history 204.i OCultural value to the community and visitors 440 d Funding availability 198 CDPotential for secondary economic benefits to the community 154 d 799 Respondents What is the greatest threat to historic resources in VB?Please select up to 3 and rank from highest to lowest risk. 83% Development or Redevelopment Pressures 645 d 39% Sea-level-rise/Recurrent Flooding 301 .d Funding Constraints 396 CDLand Value vs.Building Value Ratio 315 13° Natural Disasters 100 1i 42% Demolition by Neglect 328 V 16% Lack of readily available information or resources for homeowners 121 V 778 Respondents 88 Virginia Beach Historic Preservation Plan:Appendix 1 Do the City's current preservation programs serve underrepresented communities(racial, ethnic,and gender minorities,for example)? ■ 61%I'm not sure 20%Yes ■ 19%No 827 respondents How well does the Virginia Beach City Public School system educate students about local history and historic sites? ■ 36%Poorly ■ 34%No opinion ■ 17%Very Poorly ■ 12%well 2% Very well 728 respondents Which of the following activities should Virginia Beach City Public Schools use to promote historic preservation and historic sites?Please select up to 3 and rank. 75%) Prioritize local historic sites when choosing field trip locations 506 d 66% Use local examples in history/social studies curriculum 444 d Encourage students to conduct oral history interviews with long-time 169 residents Prioritize local historic sites in the selection of student projects 309 V ODevelop extracurricular activities directly related to history and historic 270 preservation 30% Encourage independent projects focused on local history/sites 201 d Virginia Beach Historic Preservation Plan:Appendix 1 89 Which of the following preservation programs or organizations have you engaged with in the past?Please select all that apply. 84°/ Visited a historic site or house museum in Virginia Beach 521 d 44% Civic league or neighborhood association 269 V 17% Princess Anne countyNirginia Beach Historical Society 104 d Historic Preservation Commission 67 d Other(please explain) 58.i 6% Special programming like Pints for Preservation or Preservation Month 36 d activities 3% Historical Review Board 19 V 2% State and/or National Historic Rehabilitation Tax Credit Program 14 V 2% Local Designation Program 12 V 2% City Research Grant Fund 11 V OLocal Tax Abatement Program 7 V 617 Respondents 90 Virginia Beach Historic Preservation Plan:Appendix 1 Have you used the City's website to learn about historic preservation programs? 58%No fir^- 36%Yes ^Tad 6% I'm not sure 688 respondents If you have used the City's website to learn about its historic preservation programs, how would you rate the ease of navigating the website? 57%No opinion 25%Average 1 1%Easy ■ 4% Hard 3% Others 558 respondents Virginia Beach Historic Preservation Plan:Appendix 1 91 What information would be helpful to have online for residents of Virginia Beach interested in historic preservation? All of the above 441 V Map of historic sites open to the public 370 V 35°` Events calendar for historic preservation programs 234 V 33% Hyperlinks to local historic house museum websites 223./ 25% Hyperlinks to local preservation societies and advocacy groups 165 V 22% Resource guide for owners of historic homes 147 V 1% None of the above 6./ 673 Respondents Have you contacted or worked with the Historic Preservation Commission in the past? 87%No 10%Yes 4% I'm not sure 678 respondents 92 Virginia Beach Historic Preservation Plan:Appendix 1 If you have contacted or worked with the Historic Preservation Commission in the past, how would you rate the experience? 84%No opinion 6% Satisfactory 5% Very satisfactory 5% Neither satisfactory nor unsatisfactory 1% Others 486 respondents Have you contacted or worked with the Historical Review Board in the past? 92%No 4% I'mnotsure 4% Yes 674 respondents If you have contacted or worked with the Historical Review Board in the past,how would you rate the experience? 92%No opinion 3% Neither satisfactory or unsatisfactory 5% Others 466 respondents Virginia Beach Historic Preservation Plan:Appendix 1 93 What types of programming would you be interested in seeing in Virginia Beach?Please select up to 3. Social media posts highlighting historic sites or neighborhoods and 330 V their history Guided neighborhood tours(walking or bike) 244 V History in the Attic program(Residents bring their family photos, 216 V scrapbooks,etc.,to an event to be digitized for local research) Virtual tours 187./ Self-guided bike tours 172 V Oral history interview program 137 V 20t Hands-on workshops 134 V 204 Special fundraising events like Pints for Preservation 132 V 18% Speaker programs 120 V 16% Scavenger hunts 108 V 3% Award programs 19 V 2% Other(explain) 12 V 660 Respondents 94 Virginia Beach Historic Preservation Plan:Appendix 1 How do you learn about historic preservation programs in Virginia Beach?Please select your top 3 sources. 54% Social media 359 v 47% Word of mouth 310 V Local newspaper articles 298 V 33% Local TV News 217./ 26% Virginia Beach City Website 169./ 8% Non-profit marketing campaigns 51 ./ OEmail subscriptions to newsletters 49 V t::) Other(explain) 49 V OLocal Radio Station 47 V 660 Respondents In which neighborhood do you live?Please drop a pin to show the location. r� a L J 4- j J. x rI 4TM� :- or _ megary©2021 TerraMeMcs Virginia Beach Historic Preservation Plan:Appendix 1 95 How long have you lived in Virginia Beach? 37%More than 25 years 27%My entire life;I am a Virginia Beach g r native 22%10-24 years _ 5% 5-9 years ■ 4% 1-4 years 3% 1 don't live in Virginia Beach I% less than 1 year 559 respondents 96 Virginia Beach Historic Preservation Plan:Appendix 1 Virginia Beach is home to properties that are recognized be accessed on the Virginia Department of Historic under several different types of historic designation Resources'webs ite. programs, including the National Register of Historic Places(NRHP),the Virginia Landmarks Register(VLR), THE `1IRGINIA LANDMARKS REGISTER the local Virginia Beach Historical Register (VBHR), The VLR was created in 1965 by the General Assembly and the local Virginia Beach Historic and Cultural of Virginia and is the state's official list of significant Districts (HCDs). It is important to note that each of historic and cultural resources. The VLR is overseen these designations are independent from one another. by the Virginia Department of Historic Resources While boundaries may sometimes overlap or align, and follows the criteria set by the NPS for the NRHP. they are not always the same. Furthermore, properties Like the NRHP, the VLR is an honorific designation or resources that are considered "Contributing" or and does not restrict the use of or changes to the "Non-Contributing" may differ from one designation building. Both income-producing and non-income to another.The register programs discussed below are producing properties listed in the VLR are eligible for honorary and primarily intended to recognize historic the State Historic Rehabilitation Tax Credit. The City significance. The register programs (NRHP, VLR, and also provides tax relief to property owners of historic VBHR) are not regulatory or restrictive, and do not resources that are individually listed in the VLR,via the provide protection for historic resources. Regulatory Historic Landmarks Exemption. review resides with the Historical Review Board (HRB) for alterations in the HCDs. A list of properties in Virginia Beach on the Virginia Landmarks Register can be accessed on the Virginia l HE NA] IONAL REG151 ER OF HISTORIC PLACES Department of Historic Resources' website. The NRHP was established in 1966 with the passage of the National Historic Preservation Act and is VIRGINIA BEACH HISTORICAL REGISTEF overseen by the NPS. It is the official list of buildings, The VBHR was established by the Virginia Beach City structures,sites,objects,and districts that embody the Council in 1999. The register recognizes buildings, historic and cultural significance of the United States. structures, and sites that are important to and/or Resources listed in the NRHP may be significant at illustrative of the historical development of the City the local, state, or national level. The NRHP is an and its predecessor jurisdictions. Nomination to honorific designation that is intended to increase the VBHR is voluntary and requires consent of the public awareness of a community's historic resources, property owner.The VBHR is an honorary designation encourage preservation, and qualify the property and carries no restrictions or regulatory oversight. owner for financial benefits through the Federal VBHR properties are recognized by issuance of a Historic Rehabilitation Tax Credit program for income- certificate noting their status as a local landmark and producing properties.The NRHP does not prevent the property owners receive a plaque that may be fixed to owner from making changes to a property or restrict the exterior of the building to recognize the property's the use of the property. status. VBHR properties are also eligible for local tax incentives including the Exemption for Rehabilitated A list of properties in Virginia Beach on the NRHP can Residential Real Estate. Virginia Beach Historic Preservation Plan:Appendix 2 97 VIRGINIA BEACH HISTORIC AND CULTURAL DISTRICTS The Virginia Beach Historic and Cultural District Overlay (HCD) program was established in 1969 to preserve and protect certain areas within the City that have historic and cultural significance. The intent of Article 13 of the Zoning Ordinance is to preserve the City's historic and cultural resources, promote tourism and economic development, foster a sense of place, and assure compatible design and development within the Districts. HCDs are the only designation requiring regulatory review to protect the character of historic resources and districts. Proposed alterations within HCDs are reviewed by the Historical Review Board (HRB). Establishing the boundaries and regulations for an HCD requires a zoning amendment for the specific parcel or parcels designated. It is important to note that the City does not generally consider adding new HCDs or expanding the boundaries of existing HCDs without owner support. A list of Virginia Beach's Historic and Cultural Districts can be accessed on the City of Virginia Beach's website. 98 Virginia Beach Historic Preservation Plan:Appendix 2 MEN a , • • Iola a I IVA Mire]"Am I • 1,11 a • • _ There are several programs available offering 2 application describes the current condition of incentives for historic preservation activities. The the building and outlines the planned scope of two most well-known are the Federal and State work for the rehabilitation. The proposed work historic rehabilitation tax credit programs. Historic tax is evaluated by the SHPO and NPS based on credits are a dollar-for-dollar reduction on income the Secretary of the Interior's Standards for tax liability for taxpayers who rehabilitate historic Rehabilitation. buildings. For entities that cannot use the credits Part 3 — Request for Certification of Completed (such as non-profits or churches), a process of Work: The Part 3 application is submitted syndication enables them to be transferred to a upon project completion, and documents in taxpaying entity in exchange for cash. photographs that the work was completed as proposed. Approval of this application certifies FEDERAL that the project meets the Standards, and is a "certified rehabilitation," allowing the applicant FEDERAL HISTORIC REHABILITATION TAX to claim the 20% credit. In order to adequately CREDITS review the proposed work, State Historic The Federal Tax Credit Program was established in Preservation Offices (DHR in Virginia) and NPS 1977; to date, rehabilitations have occurred in all require the following documentation: fifty states, Puerto Rico, and the Virgin Islands. The Photographs: A comprehensive set of Federal Historic Rehabilitation Tax Credit Program photographs documenting both the exterior offers a 20% income tax credit for the rehabilitation and interior of a building prior to the start of of historic, income-producing buildings that are work must be included with either the Part determined to be "certified historic structures." In 1 or Part 2 application. Photographs should order to be eligible, a property must be individually be in color, taken at a high resolution, and listed in the National Register of Historic Places, printed at least 4" x 6" in size on photographic contributing to a National Register historic district, paper. Photographs should also be numbered, or deemed eligible, either individually or as part labeled or captioned, and keyed to accurate of a district, for inclusion in the National Register. existing floor plans. ° Drawings: Drawings illustrating the proposed The tax credit program is a three-part application work should be included with the Part process: 2 application. Sufficient detail should be included to show planned alterations or • Part 1 — Evaluation of Significance: The Part new construction. Typical drawings included 1 application provides information about the with a Part 2 application include floor plans, appearance and significance of the project elevations, and sections. Additional detailed building; this portion of the application is not drawings, such as those of existing and required for buildings individually listed on the proposed new windows in the case of window VLR and NRHP. replacement, may also be required for a • Part 2 — Description of Rehabilitation: The Part Virginia Beach Historic Preservation Plan:Appendix 3 99 successful Part 2 application. of the building (excluding land) in the year prior to ° Maps and Site Plans: Maps are helpful to starting work. For income-producing properties, the include with the Part 1 application to clearly eligible expenditures must be at least 50% of the identify the project building site, particularly local assessed value. The measuring period for the if it is within an historic district. If available, Substantial Rehabilitation Test is 24 months, unless historic maps, such as Sanborn Fire Insurance a project is phased, then the measuring period is Maps, can also be included to help accurately extended to 60 months. document changes that were made to a building during or outside of the period of The measuring period must end the same year that significance. the project is completed, but the owner does not have to complete the project within the measuring STATE period. For Virginia projects, as described above, the assessed value is determined the year prior to STATE HISTORIC REHABILITATION TAX CREDITS starting work. Additionally, if phased, the phasing The Virginia State Historic Rehabilitation Tax Credit plan must be submitted with the Part 2 application. Program was established in 1997.The Virginia program At the completion of a Federal project, there is no offers a 25% income tax credit for the rehabilitation holding period; once the project is closed out, the of historic, owner-occupied or income-producing applicant can do additional work on the building buildings that are determined to be "certified historic without reporting it to the Virginia Department of structures"; income-producing projects often qualify Historic Resources. The credits can be carried forward for both State and Federal credits. As with the for ten years; there is no carryback with State credits. Federal program, in order to be eligible, a property Direct links to more information are also provided must be individually listed in the Virginia Landmarks in the Resource Guide. Register or the National Register of Historic Places, contributing to a National Register historic district, VIRGINIA BEACH or deemed eligible, either individually or as part of a district, for inclusion in the National Register. PARTIAL REAL ESTATE TAX EXEMPTION FOR HISTORICALLY SIGNIFICANT REHABILITATED The application process and required documentation STRUCTURES is the same for the State and Federal programs. In recognition of the educational and cultural value of the city's historically significant structures, the city In order to qualify for the program, projects must council enacted an ordinance (City Code Sec.35 be substantial in nature as judged by the Substantial through 80.1) allowing a partial exemption of real Rehabilitation Test. For the Virginia State program, estate taxes. The exemption shall not apply to new the requirement is dependent on whether the construction. Eligibility for this exemption requires building is an owner-occupied residence or an the following: income-producing property. For owner-occupied residences, the eligible expenditures must be at . The structure shall be listed on the Virginia Beach least 25% of the local government's assessed value Historical Register or be a structure eligible for 100 Virginia Beach Historic Preservation Plan:Appendix 3 listing on the Register, and for which an application amount to at least twenty-five (25) percent of the for inclusion on the Register is pending at the structure's assessed value immediately prior to the time rehabilitation commences. rehabilitation work. Allowable costs are specified • The structure shall be no less than fifty (50) in City Code Section 35-80.1, at paragraph (g), years of age at the time the application is made. sub-paragraph (1). Exemption for Rehabilitated Residential Structures: Application for Exemption: • The exemption shall be in the amount equal to the Application for a partial exemption for the greater of the initial increase in the assessed value rehabilitation of an historically significant structure of the structure resulting from the rehabilitation must be filed prior to the commencement of any as determined by the Real Estate Assessor, or rehabilitation work for which exemption is sought. an amount equal to fifty (50) percent of the qualifying cost of the rehabilitation. The owner of such a structure shall, at the same • The exemption shall run with the land for fifteen time an application is made for a building permit (15) years. to rehabilitate such a structure, file forms with the • No increase in assessment occurring after the Real Estate Assessor and the Planning Director. first year of such rehabilitation exemption shall qualify for an increase in such exemption. HISTORIC LANDMARKS EXEMPTION • In the event of a decrease in the property's The Virginia Department of Historic Resources (DHR) assessed value after the first year of any administers the Virginia Landmarks Register program rehabilitation exemption, the exemption shall designed to promote the preservation of Virginia's be based on the difference in taxes computed historic properties. This registry was created in 1966 on the base value and the decreased assessed and serves as the state's official list of properties value of the property. important to Virginia's history. Exemption for Rehabilitated Commercial or Industrial Properties included on the state register qualify for Structures: a lower tax rate. This reduced rate applies to the building only and not to the land. • The exemption shall be an amount equal to fifty (50) percent of the qualified costs of rehabilitating Virginia Beach properties that are listed on the state the structure; provided, however, that the amount and national registers are available online. of the exemption shall not exceed the amount of the assessment of the structure at any time after its rehabilitation. • The exemption shall run with the land for fifteen (15) years. • For any rehabilitation project to qualify for this exemption, the rehabilitation project costs must Virginia Beach Historic Preservation Plan:Appendix 3 101 APPENDIX GLOSSARY A CONTRIBUTING RESOURCE: A building, site, structure, or object adding to the historic significance ADAPTIVE REUSE:A use for a structure other than its of a property or district. historic use, normally entailing some modification of the structure. CULTURAL LANDSCAPE: A geographic area, including both cultural and natural resources and the B wildlife or domestic animals therein, associated with an historic event, activity, or person exhibiting other BRICK-AND-MORTAR: The physical presence of cultural or aesthetic values. an organization or business in a building or other structure. CULTURAL RESOURCE: An aspect of a cultural system that is valued by or significantly representative of a culture or that contains significant information C about a culture. A cultural resource may be a tangible entity or a cultural practice.Tangible cultural resources CERTIFIED LOCAL GOVERNMENT (CLG): Jointly are categorized as districts,sites,buildings,structures, administrered by the National Park Service and and objects for the National Register of Historic Places the State Historic Preservation Offices, each local and as archaeological resources, cultural landscapes, community works through a certification process to structures, museum objects, and ethnographic become recognized as a Certifed Local Government. resources for NIPS management purposes. Once certified, CLGs become an active partner in the Federal Historic Preservation Program. Each CULTURAL RESOURCE MANAGEMENT (CRM): community gains access to benefits of the program The range of activities aimed at understanding, and agrees to follow required Federal and State preserving, and providing for the enjoyment of requirements. cultural resources. It includes research related to cultural resources, planning for actions affecting CLIO APP:An online resource for historic and cultural them, and stewardship of them in the context of sites that is crowd-sourced content for survey and overall operations. It also includes support for the documentation. In Virginia Beach, the community appreciation and perpetuation of related cultural and Student Leaders Committee have worked to practices,as appropriate. incorporate historic and cultural resources into the Clio App that allows anyone access to the information from the Clio website. D CONDITION: The physical state of a structure or its DESIGN GUIDELINES: Criteria which provide components. direction to projects regarding design. They help to ensure that rehabilitation projects and new CONDITION ASSESSMENT: An evaluation of the construction respect the character of designated physical condition of a structure,distilled by elements buildings,districts,and appropriately manage change. and details, with a description of deteriorated areas and the cause for deterioration. DEMOLITION BY NEGLECT: Refers to the practice of allowing a building to deteriorate to the point CONDITION ASSESSMENT REPORT: A formal that demolition becomes necessary or restoration becomes unreasonable. report which presents the condition assessment data. This report may cover the entire historic structure or a single feature or system. 102 Virginia Beach Historic Preservation Plan:Appendix 4 E archival record of buildings, engineering structures, and cultural landscapes significant in American EASEMENT: A voluntary legal agreement, typically history and the growth and development of the built in the form of a deed, which permanently protects environment. a significant historic property. Since it is a perpetual easement, an owner is assured that the property's HISTORIC CHARACTER:The sum of all visual aspects, historic character will be preserved. features, materials, and spaces associated with a ENVIRONMENTAL REVIEW: The process of property's history. reviewing a project and its potential environmental HISTORIC CONTEXT:The setting in which an historic impacts to determine whether it meets federal, state, element, site, building, structure, street, or district and local environmental standards. exists. F HISTORIC DISTRICT:A geographically definable area, urban or rural, possessing a significant concentration, FEMA: The Federal Emergency Management Agency linkage, or continuity of sites, landscapes, structures, is an agency of the United States Department of or objects, unified by past events or aesthetically Homeland Security whose purpose is leading the by plan or physical developments. A district may Nation's efforts to prepare for, protect and mitigate also be composed of individual elements separated against, respond to, and recover from the impacts of geographically but linked by association or history. natural disasters and man-made incidents or terrorist events. HISTORIC PRESERVATION TAX INCENTIVES: A national program created to encourage private sector investment in the rehabilitation and reuse of historic Gbuildings. Also known as Historic Rehabilitation GEOGRAPHIC INFORMATION SYSTEM (GIS): A Tax Credits, these are dollar-for-dollar reductions geographic information system is a conceptualized in income tax liability for taxpayers who rehabilitate framework that provides the ability to capture and historic buildings. o analyze spatial and geographic data. Federal Rehabilitation Tax Credits: A 20% income tax credit for the rehabilitation of GREEN LINE: The Green Line was developed in historic, income-producing buildings that the 1980s to limit residential development in the are determined by the Secretary of the southern half of the city, thus preserving a substantial Interior, through the National Park Service, agricultural area. to be "certified historic structures."The State Historic Preservation Offices and the National Park Service review the rehabilitation work to H ensure that it complies with the Secretary's Standards for Rehabilitation, while the HERITAGE TOURISM: The National Trust for Historic Internal Revenue Service defines qualified Preservation defines heritage tourism as "traveling rehabilitation expenses on which the credit to experience the places, artifacts, and activities that may be taken. authentically represent the stories and people of the Virginia State Rehabilitation Tax Credits: A past." 25% income tax credit for the rehabilitation of historic owner-occupied and income- HISTORIC AMERICAN BUILDING SURVEY producing buildings that are determined by (NABS) OR HISTORIC AMERICAN ENGINEERING the State Historic Preservation Office to be RECORD (HAER): Architectural and engineering "certified historic structures."The State Historic documentation programs that produce a thorough Virginia Beach Historic Preservation Plan:Appendix 4 103 Preservation Office reviews the rehabilitation M work to ensure that it complies with the Secretary's Standards for Rehabilitation, while MAINTENANCE: Upkeep of property or equipment the Virginia Department of Taxation defines either on a regular basis or as a non-recurring event. qualified rehabilitation expenses on which the credit may be taken. N HISTORIC PROPERTY: Any prehistoric or historic NATIONAL ALLIANCE OF PRESERVATION district, site, building, structure, or object included COMMISSIONS (NAPC): Founded in 1983 in in, or eligible for inclusion in, the National Register response to amendments to the National Historic of Historic Places maintained by the Secretary of preservation Act of 1966. These amendments the Interior. This term includes artifacts, records, and provided financial assistance to local governments remains that are related to and located within such that met requirements of the Certified Local properties.The term includes properties of traditional Government Program, including the establishment religious and cultural importance to an Indian tribe of a local preservation ordinance and commissions. or Native Hawaiian organization and that meet the The NAPC was formed to provide a forum for National Register criteria. commissions to discuss mutual problems and to serve as a national voice representing the particular needs HISTORIC REHABILITATION TAX CREDIT(HTC): A of commissions. dollar-for-dollar reduction in income tax liability for taxpayers who rehabilitate historic buildings. Credits NATIONAL HISTORIC PRESERVATION ACT are available from both the Federal government and (NHPA): Declares a national policy of historic the state of Virginia.The amount of the credit is based preservation, including the encouragement of on total rehabilitation costs. Only certain buildings preservation on the state and private levels; qualify for the tax credit program. authorizes the Secretary of the Interior to expand and maintain a National Register of Historic Places HISTORIC RESOURCE: An historic resource is a including properties of state and local as well as building, structure, object, site or historic district that national significance;establishes the Advisory Council is generally considered to contribute to an historic on Historic Preservation; requires federal agencies to property. An historic resource is typically at least consider the effects of their undertakings on National 50 years of age, or eligible under Criterion G for its Register properties and provide the Advisory Council exceptional significance,and should also be associated opportunities to comment(§106). with the historic property's period of significance and historic significance for the purposes of survey and NATIONAL PARK SERVICE (NPS): A bureau of the inventory, and historic resource may be any resource U.S. Department of the Interior which is responsible 50 years of age or older, and therefore more broadly for the preservation of natural and cultural resources. defined. NATIONAL REGISTER OF HISTORIC PLACES HISTORIC SIGNIFICANCE: The meaning or value (NRHP): The United States' official list of buildings, ascribed to a structure, landscape, object, or site structures, sites, objects, and districts that embody based on the National Register criteria for evaluation. the historical and cultural foundations of the nation, It normally stems from a combination of association established in 1966 and managed by the National and integrity. Park Service. I NATIONAL REGISTER HISTORIC DISTRICT: Historic districts are designations of a group of buildings INTEGRITY: The authenticity of a property's historic that together form an historically or architecturally identity, evidenced by the survival of physical significant area. The designation is intended to characteristics that existed during the property's preserve the character of the significant area, but not historic period. freeze it in time. Historic districts are honorary and 104 Virginia Beach Historic Preservation Plan:Appendix 4 come with no restrictions as to what a homeowner warrants with the least degree of intervention can do to their property, but it does allow for the including limited replacement in-kind, replacing an use of historic rehabilitation tax credits and other tax entire feature in-kind when the level of deterioration benefits. or damage to materials precludes repair, and stabilization to protect damaged materials or features NON-CONTRIBUTING RESOURCE:A building,site, from additional damage. For archaeological sites, it structure, or object that does not add to the historic includes work to moderate,prevent,or arrest erosion. significance of a property or district, or is not historic. PRESERVATION VIRGINIA: Aprivately-funded, NATIONAL FLOOD INSURANCE PROGRAM statewide historic preservation leader founded more (NFIP): The National Flood Insurance Program than 100 years ago. Preservation Virginia works to provides flood insurance to property owners, renters, ensure the relevancy of the Commonwealth's historic and businesses, and having this coverage helps them places. recover faster when floodwaters recede. It works with communities required to adopt and enforce floodplain management regulations that help mitigate flooding effects. RECONSTRUCTION:The act or process of depicting, by means of new work, the form, features, and NATIONAL TRUST FOR HISTORIC PRESERVATION detailing of a non-surviving historic structure or (NTHP): Founded in 1949, the NTHP is a privately any part thereof, for the purpose of replicating its funded, nonprofit organization based in Washington, appearance at a specific time in its historic location. D.C., that works in the field of historic preservation and supports the preservation of America's diverse REHABILITATION: The act or process of making historic buildings, neighborhoods, and heritage possible an efficient compatible use for an historic through its programs, resources,and advocacy. structure or landscape through repair,alterations, and additions while preserving those portions or features P which convey its historical, cultural and architectural values. PERIOD OF SIGNIFICANCE: The span of time in which a property attained the significance for which it RESTORATION: The act or process of accurately meets the National Register criteria. depicting the form, features, and character of an historic structure as it appeared at a particular period PRESERVATION: The act or process of applying of time by means of the removal of features from other measures necessary to sustain the existing form, periods in its history and reconstruction of missing integrity, and materials of an historic property. Work, features from the restoration period. including preliminary measures to protect and stabilize the property, generally focuses upon the ongoing maintenance and repair of historic materials and features rather than extensive replacement and new SEA LEVEL WISE: The Virginia Beach Sea Level construction. New exterior additions are not within Wise Adaptation Strategy (2020) was developed the scope of this treatment; however, the limited based on the Sea Level Wise study to understand and sensitive upgrading of mechanical, electrical, and the challenges relating to sea level rise and increased plumbing systems and other code-required work to flooding events that face Virginia Beach, as well as to make properties functional is appropriate within a develop strategies to proactively reduce the impacts preservation project. of these threats. The report presents an Adaptation Framework that incorporates four complementary PRESERVATION MAINTENANCE:Action to mitigate themes: Natural Mitigations, Prepared Communities, wear and deterioration of an historic property Engineered Defenses, and Adapted Structures. without altering its historic character.Action includes While the program is a part of the City's Public Works protecting its condition, repairing when its condition Department,the initiative incorporates city-wide and Virginia Beach Historic Preservation Plan:Appendix 4 105 cross-departmental services and strategies within S U S TA I N A B I L I T Y/SUSTAINABLE DESIGN its Framework. Although the report incorporates PRACTICES: Sustainable Design Practices allow for strategies for Adapted Structures such as retrofitting use and enjoyment by the current generation, while existing buildings, the city's historic resources are not ensuring that future generations will have the same specifically addressed within the document. opportunities. Sustainable Design Practices include those choices, decisions, actions and ethics that will SECRETARY OF INTERIOR'S STANDARDS FOR best achieve ecological/biological integrity; protect REHABILITATION: The set of standards that are qualities and functions of air, water, soil and other regulatory for historic rehabilitation tax credit projects aspects of the natural environment; and preserve and are applied to all certified historic structures human cultures. (interior and exterior) as well as the site and related new construction. (SOTS-Rehab) SURVEY: Survey refers to the specific process of inventorying and documenting historic resources, SECTION 106: The Section 106 review process and may involve architectural (above: ground) is an integral component of the National Historic or archaeological (below ground) resources. Preservation Act (NHPA) of 1966. Section 106 of Architectural surveys are divided into two the NHPA requires that each federal agency identify categories—Comprehensive or Selective—and are and assess the effects its actions may have on historic either Reconnaissance or Intensive level. The buildings. Each federal agency must consider public Survey Manual describes each type and level of views and concerns about historic preservation issues survey in detail on pages 22-24. when making final project decisions. SPECIAL FLOOD HAZARD AREA (SFHA): An area u identified by the United States Federal Emergency USE: How the structure will be utilized following Management Agency(FEMA) as an area with special realization of its ultimate treatment. The function(s) flood or mudflow,and/or flood related erosion hazard, the structure will serve and the activities which will as shown on a flood hazard boundary map or flood insurance rate map. This area is where the National take place within the structure. Flood Insurance Program's floodplain management regulations must be enforced and the area where the V mandatory purchase of flood insurance applies. VIRGINIA BEACH HISTORIC AND CULTURAL STATE HISTORIC PRESERVATION OFFICE (SHPO): DISTRICTS (HCDs) - There are currently 16 HCDs State Historic Preservation Officers (SHPOs) located in the City of Virginia Beach. The program administer the national historic preservation program was established in 1969 by the Virginia Beach City at the state level, review National Register of Historic Council with the goal to preserve and protect certain Places nominations, maintain data on historic areas within the City that have historic and cultural properties that have been identified but not yet significance. nominated, and consult with federal agencies during Section 106 review (federal agencies seek the views VIRGINIA BEACH HISTORIC PRESERVATION of the appropriate SHPO when identifying historic COMMISSION (HPC): Established in 2008, the properties and assessing effects of an undertaking on HPC is an advisory body on issues related to the historic properties). In most cases, the governor of preservation of historic buildings,structures,and sites. their respective state or territory designates SHPOs. The HPC is made up of between 9 and 15 citizens as well as 2 appointed student members from local high STEWARDSHIP: The cultural and natural resource schools. protection ethic of employing the most effective concepts, techniques, equipment, and technology VIRGINIA BEACH HISTORICAL RESIGTER (VBHR): to prevent, avoid, or mitigate impacts that would The VBHR was established by the City Counil in 1999. compromise the integrity of resources. The register recognizes buildings, structures, and 106 Virginia Beach Historic Preservation Plan:Appendix 4 sites that are important to and/or illustrative of the historical development of the City and its predecessor jurisdictions. Nomination/application to the register is voluntary and must have the consent of the property owner. VIRGINIA BEACH HISTORICAL REVIEW BOARD (HRB): The HRB is an 8-member body, appointed by the City Council, responsible for the review of requests for new development and exterior building changes within the Historic and Cultural Districts. The HRB determines when to issue a Certificate of Appropriateness, which is required before a permit can be issued. VIRGINIA BEACH STUDENT LEADERS COMMITTEE: The Student Leaders Committee is comprised of high- school Junior and Senior students. The committee serves in an advisory role to the Historic Preservation Commission (HPC) on matters related to interests of young preservationists. The student group participates in advocacy, education, documentation, and outreach activities on behalf of the HPC. VIRGINIA CULTURAL RESOURCE INFORMATION SYSTEM (VCRIS): The Department of Historic Resources' statewide electronic cultural resources GIS and database. It provides interactive views of information in the DHR Archives related to properties, historic districts, and archaeologial sites, and presents evaluative information about the historic significance of resources. VIRGINIA DEPARTMENT OF HISTORIC RESOURCES (DHR): A state agency under the Department of Natural Resources which acts as the State Historic Preservation Office in Virginia. VIRGINIA LANDMARKS REGISTER (VLR): Virginia's official list of properties important to state history, established in 1966 and managed by the Department of Historic Resources. W WORKMANSHIP:The physical evidence of the crafts of a particular culture or people; the techniques and skills necessary to execute or construct a particular detail or feature. Virginia Beach Historic Preservation Plan:Appendix 4 107 CAMP-Commission Assistance and NCPTT- National Center for Preservation Mentoring Program Technology and Training CDBG - Community Development Block NPS - National Park Service Grant NRHP- National Register of Historic Placers CLG -Certified Local Government NRN - National Register Nomination COA-Certificate of Appropriateness NTHP- National Trust for Historic Preservation CPG -Commonwealth Preservation Group PIF- Preliminary Information Form DHR -Virginia Department of Historic Resources PVA- Preservation Virginia FEMA- Federal Emergency Management RASAP- Resort Area Strategic Action Plan Agency STIR - Strategy,Transparency, Innovation, FF - Flood Factor Resiliency FTE - Full Time Employee VBHR -Virginia Beach Historical Register GIS-Geographic Information System VCRIS -Virginia Cultural Resource Information System HCDs- Historic and Cultural Districts VCU -Virginia Commonwealth University HPC - Historic Preservation Commission VDOT-Virginia Department of Transportation HRB - Historical Review Board VLR -Virginia Landmarks Register HSOC- Historic Sites Organizing Committee HUD- U.S. Department of Housing and Urban Development KHAW- Keeping History Above Water LMI - Low- and Moderate-Income MOA- Memorandum of Agreement MPD - Multiple Property Document NAPC - National Alliance of Preservation Commissions 108 Virginia Beach Historic Preservation Plan:Appendix 5 -APPENDIX 6: RESOURCE GUIDE The following pages include links and website How to Research your Historic Virginia Property addresses for further reference and help. This document outlines the different types of sources available when researching the history of a property, V I R G I N I A DEPARTMENT OF HISTORIC including city directories, deeds, plats, and Sanborn RESOURCES (DHR) maps. Certified Local Governmen Virginia Beach is a Certified Local Government(CLG), NATIONAL PARK SERVICE(NPS) which provides a means for communities to strengthen Technical Preservation Services(TPS) their local preservation programs by establishing a This division of NPS is responsible for historic partnership with the State Historic Preservation Office preservation at the federal level, by developing (SHPO). Benefits include access to grant funding for guidance on the preservation and rehabilitation preservation programs. of historic buildings and administering the Federal Historic Preservation Tax Incentives Program. Rehabilitation Tax Credits Find out more about the financial incentives available The Secretary of Interior's Standards for historic resources. DHR administers both the state The Secretary of the Interior has four sets of standards and federal rehabilitation tax credit programs. for the treatment of historic properties: Preservation, Rehabilitation, Restoration, and Reconstruction. Click Classic Commonwealth: Virginia Architecture from on the section header to find out more about each the Colonial Era to 1940 approach. This publication was created to aid in identifying architectural resources in Virginia, providing a Tax Incentives brief overview of the historic and architectural The Federal Historic Preservation Tax Incentives development. program is administered by NPS in partnership with the Internal Revenue Service and State Historic New Dominion Virginia,Architectural Style Guide Preservation Offices (in Virginia, DHR). This program Created to aid in historic resource surveys and the provides a 20%income tax credit for the rehabilitation Virginia Cultural Resources Information System of eligible income-producing properties. (VCRIS) database, the New Dominion Style Guide provides an updated list of styles that emerged after How to Preserve World War II (1946 to present day). This resource is TPS provides technical assistance and guidance particularly useful in identifying recent past resources. through Preservation Briefs and Preservation Tech Notes, which are both available on this page. These A Handbook and Resource Guide for Owners of documents are often referenced to inform best Virginia's Historic Houses preservation practices and appropriate treatment of This resource provides homeowners with best historic materials. preservation practices when project planning an historic home renovation. Virginia Beach Historic Preservation Plan:Appendix 6 109 Working on the Past in Local Historic Districts Virginia Historic Rehabilitation Tax Credits(HRTC) This resource provides an overview of the local This report breaks down the impact of the 94 approved historic district designation process, from adopting a HRTC projects in 2014 to put a dollar amount to the preservation ordinance to developing district design actual investment and extrapolates the data to speak guidelines. to the resultant job creation and economic output. Sustainability ECONOMICS This site provides information on the intersection VCU Economic Impact Studies: between historic preservation and sustainability, • Phase I: Economic Impact of Historic Rehabilitation including treatments to increase energy efficiency in Tax Credit Programs in Virginia historic buildings and information on new sustainable • Phase Il: 30 Years of Impact: How the Main Street technology that is appropriate for use in historic Program Has Revitalized Virginia Communities preservation projects. • Phase III: The Economic Impact of Heritage Tourism in Virginia EDUCATIONAL RESOURCES AND STUDIES Preservation Virginia paired with the Center for Urban and Regional Analysis (CURA) at Virginia GENERAL Commonwealth University to conduct three studies Resources for Preservation Commissions to gauge the impact of preservation on Virginia's From the National Alliance of Preservation economy.The resulting reports put dollar amounts to Commissions,this site provides a number of resources the impact these preservation-based programs have to help support the work of local design review boards had on the state of Virginia. including preservation plans,technical assistance,and a professional network directory Older, Smaller, Better: Measuring how the character of buildings and blocks influences Virginia Preservation Toolkit urban vitality by the National Trust for Historic This site,created in partnership between the Tusculum Preservation's Preservation Green Lab. Institute at Sweet Briar College and the Virginia This May 2014 report asserts that neighborhoods Department of Historic Resources, works to provide with smaller, older buildings support more positive well-researched data regarding energy efficiency, economic and social activity than areas featuring community advocacy, and economic benefits of larger, newer buildings.The report provides tips for historic preservation. other communities to realize the benefits of their historic resources by implementing recommendations Preserving the Past, Building the Future: HRTC at informed by the case studies. Work in Virginip This study, completed by VCU's L. Douglas Wilder School of Government and Public Affairs, provides an analysis of the Historic Rehabilitation Tax Credit program. 110 Virginia Beach Historic Preservation Plan:Appendix 6 SUSTAINABILITY 6 Low-Cost, Energy Saving Tips for Homeowners Illustrated Guidelines on Sustainability for by -the National Trust for Historic Preservation, Rehabilitating Historic Buildings by Technical Preservation Tips and Tools. Preservation Services, National Park Service. Tips for saving energy in your historic home by taking This document offers guidance on how to sensitively advantage of the existing features of historic buildings. make historic buildings more sustainable in a way, while preserving their historic character and DESIGN REFERENCES meeting The Secretary of the Interior's Standards for A Field Guide to American Houses by Virginia Savage Rehabilitation. The guidance also features illustrated McAlester examples of both appropriate and inappropriate A comprehensive guide to domestic American treatments. architecture, including illustrations and descriptions of house styles. Saving Energy in Historic Buildings: Balancing Efficiency and Value by John H. Culver and Brad Traditional Construction Patterns: Design & Detail Randall — published in APT Bulletin: Journal of Rules of Thumb by Stephen Mouzon Preservation Technology(41:1,2010). A well-illustrated reference guide to traditional This article identifies the benefits of energy modeling construction details. and life-cycle costing as a means to increase energy efficiency in historic buildings in an appropriate way. Get Your House Right: Architectural Elements to Use &Avoid by Marianne Cusato and Ben Penetreath The Greenest Building: Quantifying the A guide to the details of traditional architecture, Environmental Value of Building Reuse by the including aesthetics of form and appropriateness to a National Trust for Historic Preservation's Preservation neighborhood. Green Lab. This study provides a comprehensive analysis of the potential environmental impact reductions associated with building reuse by utilizing a Life Cycle Analysis (LCA) methodology to compare the environmental impacts of building reuse and renovation versus new construction. B Ways to Green Your Historic Noun by the National Trust for Historic Preservation, Preservation Tips and Tools. A list of eight ways to increase the energy efficiency of your historic home without replacing the historic windows! Virginia Beach Historic Preservation Plan:Appendix 6 ill THIS PAGE INTENTIONALLY LEFT BLANK 112 Virginia Beach Historic Preservation Plan:Appendix 6 THIS PAGE INTENTIONALLY LEFT BLANK Virginia Beach Historic Preservation Plan:Appendix 6 113 117 ITEM— V.N APPOINTMENTS ITEM#74888 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS CLEAN COMMUNITY COMMISSION DEFERRED COMPENSATION BOARD GREEN RIBBON COMMITTEE HAMPTON ROADS TRANSPOR TA TION PLANNING ORGANIZATION HEALTH SERVICES AD VISOR Y BOARD OLD BEACH DESIGN REVIEW BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OLD BEACH DESIGN REVIEW BOARD PARKS AND RECREATION COMMISSION PUBLIC LIBRARYBOARD RESORT ADVISORY COMMISSION URBAN A GRICUL TURE ADVISORY COMMITTEE VIRGINIA BEACH VA250 COMMITTEE WETLANDS BOARD October 17, 2023 118 ITEM— V.N APPOINTMENTS ITEM#74889 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: DANEDWARDS Liaison Parks and Recreation Commission Unexpired thru 813112024 Plus three year term 91112024—813112027 ACTIVE TRANSPORTATION ADVISORY COMMITTEE Voting: 9- 0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth"Remick, Dr.Amelia N. Ross-Hammond,Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse October 17, 2023 119 ITEM— V.N APPOINTMENTS ITEM#74890 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: JEFFREYSCOTT Represents Mechanical Contractor Unexpired term thru 513112025 DALTON DA VIDSON Alternate Member Five year term 10/1712023—913012028 BOARD OF BUILDING CODE APPEALS Voting: 9- 0 Council Members Voting Aye: Michael F.Berlucchi,Mayor RobertM.Dyer,Barbara M.Henley,Robert W. "Worth"Remick, Dr.Amelia N. Ross-Hammond,Joashua F. `Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse October 17, 2023 120 ITEM— V.N APPOINTMENTS ITEM#74891 / Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: MARGUERITE ALLEY Unexpired term thru 513112025 PHILLIP HINES Liaison Parks and Recreation Commission Unexpired thru 212812026 CECILIA KOCAN GAVIN WEHR Represents Student Members 1011712023—613012024 OPEN SPACE ADVISORY COMMITTEE Voting: 9- 0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth"Remick, Dr.Amelia N. Ross-Hammond,Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse October 17, 2023 121 ITEM— V.N APPOINTMENTS ITEM#74892 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: JENNIFER CLEMENTS Represents Virginia Beach City Public Schools Employee Four year term 10/1712023—913012027 PUBLIC LIBRARY BOARD Voting: 9- 0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth"Remick Dr.Amelia N. Ross-Hammond,Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse October 17, 2023 122 ITEM— V.N APPOINTMENTS ITEM#74893 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: GARY SHARPS Unexpired term thru 1213112027 VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION Voting: 9- 0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth"Remick Dr.Amelia N. Ross-Hammond,Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse October 17, 2023 123 ITEM— V.N APPOINTMENTS ITEM#74894 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: LEE LOCKAMY Tribal Representative 1011712023— 71412026 VIRGINIA BEACH VA250 COMMITTEE Voting: 9- 0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M. Henley,Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond,Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Jennifer Rouse October 17, 2023 124 ADJOURNMENT ITEM#74895 Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 11:51 P.M. Terri H. Chelius Chief Deputy City Clerk W, A Barnes, VIC Robert M. Dyer City Clerk Mayor City of Virginia Beach Virginia October 17, 2023