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NOVEMBER 14, 2023 FORMAL SESSION MINUTES
p o- Z a •fs Y$Av86L �•�+�' e 0, OUN NAI%o VIRGINL4 BEACH CITY COUNCIL Virginia Beach, Virginia NOVEMBER 14,2023 Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in the City Council Conference Room, Tuesday, November 14, 2023, at 12:30 P.M. Council Members Present: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None 2 CITY COUNCILS BRIEFINGS HAMPTON ROADS SOCCER COMPLEX&NORTH AMERICAN SAND SOCCER CHAMPIONSHIPS ITEM#74914 12:30 P.M. Mayor Dyer welcomed Lauren Bland, Executive Director — Hampton Roads Soccer Complex and Jon Schmeider, Founder& CEO—Huddle Up Group. Ms. Bland expressed her appreciation to City Council for their continued support and distributed a copy of the presentation, attached hereto and made a part of the record. Mayor Dyer expressed his appreciation to Ms. Bland and Mr. Schmeider for the presentation. November 14, 2023 • K1Etii_i,{�ES�' R7�t�'G z T i AWARDS ISSUE ° "- s MEET°OUR CHAMPIONS ���. � . . . .I {Of.ECUNUMIC IMPACTS 0 Ir ' ter- �.- 2 PRESENTED BY: ESk � NORTH aMERICFN SAN�OCCE / �f SOCCER COMPLEX DIRECTOR a o - NASSC SCAN HERE O WATCH VIDEO SOCCER COMPLE% I®R MI ' a � ��� `y NORTH AME ND SOCCER � r�.iky � WATCH NOW e SOCIAL IMPACT OF NASSC u }. AW K $10,000 in }. U.S. National Team �- Sidekick Sports Scholarships ID Camp Scouting For Everyone Annually ��="'"� Future Stars Kickball, Flag Footba given to - ..R.,.r :: 10+ local athletes have Volleyball, Wrestling Virginia Beach High gone on to compete Field Hockey, and School Seniors via the ;'� '~ on U.S. Men's and Lacrosse r R Dick Whalen Soccer ��� _ Women's Beach _ Scholarship Soccer National Teams ct , . - Francis Farberoff y (U.S. Men's National 300+ Kid's Team Coach shown 70+ Sponsors and Clinic above) Vendors "Play Like A Pro" National and local NASSC SURVEY RESULTS •c— Results from the 2023 NASSC City of VB Oceanfront Festivals ROL Event Survey. • Something in the Water Festival Bulls & Barrels • Jackalope • North American Sand Soccer Championships Beach It (Country Music Festival) $30 © 8,500-11,000 77% of $27.50 Hotel Room Attendees $2s Nights Live Outside of Virginia Beach $20 $16.00 100,000+ i 73% $15 $14.80 $13.00 $13.20 • Festival Ate at an Attendance Oceanfront $10 so (Fri-Sun) Restaurant $7. $6.50 _ $5 $4.73 @ ,--- $2.00 $0.88 $1.48 $0.44 $1.11 $0.84$O 50 96% Ranked 750-900 $o Economic Impact City of VB Investment City of VB ROI the Event Teams Per Year (Millions) (Hundred Thousands) (Dollars) Favorably City of Virginia Beach Economic Impact Study:Vince Magnin (Institute for Service Research) SPORTS MANAGEMENT MAGAZINE w� November / December 2023 Issue a yLARGE MARKET � CHAMPIONS �y ''y ` � ,Ire�1r .,:,jc'k7I�,�SlA�ti )„ 9 �iJ •� North American Sand Soccer Championships City of Virginia Beach LOCATION Virginia Beach,Virginia �y .t, Total Room Nights:8.000 , Total Economic Impact:S13.9 million J \SSC' ).the world'. largest cele-hrnaon of tx:xh %rx)ns culture.The event t !L SE .pan.i0 blocks and include.amateur soccer.pmfes%)ona)s'ex-cer,vollcvhall. ►t I I t i k)ckhall, field hockey and flag dixahall.(%her 70 vendom.two pro stadituns •�" s a free kids'clinic and oceanfront entenamment make NASSC a fun family vacation Fans cheer on. s)and rcer)Games from their hotel ramp, team re- t t union,hapdxn on the txoandwalk and sounds of uptkat music and laughtex fill P' the be.whlront. " _ '�'� wWwsano•occeccom ar• ?n•Nortn A an< 5 e 5 r Ch•mpwnaMp•INASSCI me elmDsl a'mnp conbeMcam ••, n Deaf season Wen nnzmum economK reyUll . vent sports 30 docks of v q e Saacn<oreenfrorq and n wad-ro ns marouee Dean evern am'. mW ks cer ncory .-WIW are—n as srdekc4 sWn,evens 3 1 Inside Events: North American Sand Soccer — ` l'°'a —.11 ndb"<I mgI.""°n'na f- Championships na DS�m—na� k �0000 mph ont'm.nammemtVe add to eeo <emng— W Caannve^•,ar of me awmaronsnm scneeur,e for June 1.B 2024 arWS—er The F t Norm Arne S gMcer Cnampnnsl r. .„'1..akn.NASSC OPpd Zefs Iw�a � nl ..... ,, ( C=::_:_.__ _ Mary Helen Sprechef Baton N 0/Me money r wDooRs fecilM unproven ennencanienn So/.l sat l� Winn NASSCs dgamZM more aDoul Me event � : • MEL ._- E��Mry �o Hampton Roads Soccer ComplexANNE Iry w- -!--:2 W- 1 NZ ILI ♦d 'R'i .'S,K,Z 'i: sr ;t ✓ ``, �. h.r �$'t y .q,'Y �`. '�t+' �t�7�k '"' .... ,�-y[.'' +� � be^�.e�rr'�V.`�•,yam,�. - a,3=j- �` o�i;. `?��'. , , ri y„ �#i �`•a�•e` (W �i. �,• �i` L _ r1 r Yam. ' •-. 1"" ..__ _,1i._»-ti. s `�{•� L ':r i K:.�. ~ ,,h'�.'�..'AF ...,. ..`z - �1• Rom' `� t� `� HISTORYHRSC •_ Virginia Added 2 Beach additional Soccer First Sand multi - 30th Annual Joint Task Soccer First soccer Added two purpose North Americ Force Tournament game played turf fields practice / Sand Soccer created. was held. at HRSC. with lights. game fields. Championsh 1992 • • , 1997 20032010 2019 2021 20221 Lease was signed for Brick office HRSC lease HRSC 25th Turf fielc 75 acre parcel of of building with modifications Anniversary replaces City of VB land. bathrooms and to allow all Celebration. All enhancements concession traditional stick and structures stand was built. and ball sports. provided by HRSC. f. x i HRSC FACTS • FIGURES i w 7505000 75 L w 375 324/365 Visitors Acres 'R'V Referees Days of Per Year Programming 15-20,000 26 12 $23+ Million Weekend C Fields Full/Part Economic 11 ,I �I I� Attendance Time Staff Impact 12,000+ 18 30 $50,000+ Hours Tournaments User Affiliate Club of Use Annually Groups Scholarships fc Participant Fee: and / or Colleg( HRSC Affiliate Soccer Clubs: 001111 Mr S EVWSA � ® VIRGINIA RUSH SOCCER CLUB SCU'HEASTERNViRGINIA wOMEN'S SOCCER ASSOCIATION •757 Lacrosse *Gorges Classic Soccer *National Field Hockey *Special Olympics Virginia *All American Soccer Tournament League •Tidewater Lacrosse *Beach Breakers - Soccer *Hampton Roads United - •National Flag Football •Tidewater Soccer •Coastal Lacrosse Flag Football *Old Dominion Soccer Club Referee Association *Coastal Women's Flag •Kempsville HS - Soccer/Lax •Primetime Lacrosse •USCAA Fall Soccer Football League •Landstown HS - Soccer *Princess Anne HS Championships •Cox HS- Soccer *Legacy Lacrosse *Punt Factory •VYSA Olympic •Goombay Kickball •Liga Internacional - •Regent University - Soccer Development Program Soccer •WAKA Kickball SAND DOLLARS AT WORK HRSC has invested $6+ million maintaining and enhancing the complex. rmTwo Turf Fields Office Building with _ _ Fencing Around Maintenance O with Lights Restrooms and Drainage Ditch Building and Concession Stand Equipment Builc Two Sets of • • Secondary Restroom Netting Along n . Playground Bleachers on T and Concessions East Side of ^� Turf Field 6 II Building Complex ''�'��� Grass Field Sand Soccer L L Lightning Parking Lots Renovations Warehouse 7 7 Detection with 735 Spots 4 AB, 7, Software • 9, 10, 12, • 13 ABCDE • 14, 15, 16, 17, Equipment: Pump Station • 18 ABC '�� Tractor, Mowers, and Irrigation Sprayer...etc. System SAND DOLLARS AT • ' HRSC has invested $6+ million maintaining and enhancing the complex. �S w PP r r HAMP TO THE ON ROADS r �� "` s Via; SOCCER COMPLEX - -�- s- ;j I • k HUDDLE UP GROUP National Trends and Comp Set �17 Huddle Up Group • Comparable facilities around the country/national market. • National trends. • Potential of HRSC with capital improvements. Full-sized soccer fields �0 13 7 Fields with lights 15 2 13 .-artificial turf fields 8 1 2 6 - Fields with portable goals -i 13 8 4, Auxiliar. meeting rooms 1 1 3 Minimum of hso team benches per field IWO Yes 000 f Stadium field 82% °o Yes 0°,0 Permanent concession stand(s) 100% n Yes 09'o Permanent restrooms 10000 ^000 Yes 000 Permanent Wi-Fi 91°o 260o No 910,0 Adequate Parking (60 space,, per field) 10000 910/10 Yes 0°o Jon Schmeider ADA Compliant 1000o 910,0 Yes 0010 _-abilih- to book (Definitely yes) 8200 460o Ye, 000 Founder and CEO Score 4.16 2.32 3.40 0.76 CAPITAL •a- $15 Million Investment YEAR YEAR YEAR ONE TWO THREE (D $3 Million $8.25 Million $3.75 Million ✓ Resurface existing 2 turf (Fields 6 & 8) - $1 M ✓ Turf Fields - 4 w/ lights - $6M ✓ Turf Fields - 2 w/ lights - $3M ✓ Parking - resurface and add lights - $1 .1 M ✓ Lights - Grass fields - $1 .5M ✓ Aesthetics - shade structures, ✓ Accessibility enhancements, signage and turf ✓ Irrigation & Aesthetics - $0.25M bathroom/concessions stand, field equipment - $0.4M ✓ Misc. / Storm Water Contingency - $0.5M maintenance building, gravel ✓ Misc. / Storm Water Contingency - $0.5M Other Needs: improvements, lights on pathway ✓ Bridge to amphitheater parking Bp and facility goals - $0.75M All numbers estimated. g P P 9 (T ) •_- HRSC VISION Capital Improvement Project Goals and Objectives meet 1 . Improve the safety of the players, parents and guests. '11 2. Improve the quality and la abilit of fields. f p q tY p Y Y Phase 1 � i t 3. Improve visitor experience by having access to additio parking, more lighting (fields / parking), improved accessibil and increased amenities. 4. Be a champion for the local sports community s need lc , ,<< access multi-purpose athletic fields. lid � 5. Compete on a regional and national level for tourism generating events such as tournaments and championsh a o J SCAN HERE • NRMRTON RO OS VIDEO so��ER�oh,P�Ex s k RAMP GADS ,� SOCCE PLE � WATCH NOW Thank you for your support of . • • Roads Soccer Council QUESTIONSO.? a °w .�, 1 •tJM 1 .. .s CITY COUNCILS BRIEFINGS P.M.TOURISM ECONOMIC FINDINGS ITEM#74915 Mayor AdamSacks, / ' Tourism Sacks expressed his appreciation tI City Councilforcontinued II/ Informal Session Virginia Beach Tourism Economics Nancy Helman,Director,Convention and Visitors Bureau Adam Sacks, President,Tourism Economics November 14,2023 virginia beach TOURISM ECONOMICS I Virginia Beach Tourism Performance and Outlook Adam Sacks Presldant Tourism Economics adam�ou�meconom ics.com November ' 4 CITY COUNCILS BRIEFINGS TOURISM ECONOMIC FINDINGS ITEM#7491 S (Continued) Here are the Key Findings: ECONOMIC IMPACTS KEY FINDINGS fi 13.6 MILLION Total Visitors to Virginia Beach in 2022 k: 7 iri 14, fit $2.4B $3.7B 32,704 $324M Visitor Total Total State 8 R $gentling Economic Jobs Local Taxes .. as wy "''3}, In,Pacl can ereted Gen era led ,# d. i� The next few slides provide statistical information for visitor volume and visitor spending for each year between 2018—2022: A remarkable comeback Virginia Beach visitor volume Virginia Beach Visitor Spending Am ounls in in Illions Am ounts in$billions .25%ahead of 2019 la•a% 11.6% _ Tull ?1 d.5% 18.6% 138.0 16.3% 21.8% 2018 2019 2020 2021 2022 2018 2019 2020 2021 Source:Tourism Economics Source:Tourism Econom ice November 14, 2023 S CITY COUNCILS BRIEFINGS TOURISM ECONOMIC FINDINGS ITEM#7491 S (Continued) IUNDERSTANDING VIRGINIA BEACH VISITORS Overnight 70 et nvn-,ght✓sitnrsate repent—n— 411. p,y laistve ,.A:' within the past 12 months 5�,00 594'o VFN 36so &psi ..— 111. t.se ta. n. 1.1 o.n wa .p .ee .,1 31% oax tm tm oa. a.sx o.ex sezx at�x $2.4 BILLION Visitor Spending In 2022 Total impact of$3.6 billion FOOD Summary business sales economic Impacts(2022) am ounts in a m ahon IM Direct Sales Indirect Sales Induced Sales Total Sales Source:Tourlam Economics ro-,9 ECOMO November 14, 2023 6 CITY COUNCILS BRIEFINGS TOURISM ECONOMIC FINDINGS ITEM#7491 S (Continued) Here is the Economic Impact Framework.- ECONOMIC IMPACT FRAMEWORK IMPAOFS WFAIL INRECTUMPACTS TOTAL �S a,c �S {�LLaAiW 4CViti».: Tourism generated$900-Million for workers around the City: Employment and income impacts Summary employment impacts(2022) Summary labor lncoma Im pacts(2022) Amountaln numberof Jobs Amountsln E millions prat Labor Indirect Labor Induced Labor Totel Labor Income Income Income I- 0lrectJobs Indbect Jobs Induced Jobs Tolel Jobs source:Tourism Econom ics Source:Tourism Economks The total jobs impact of 32,704 jobs is 19%of Tourism generated$900 million for workers in all jobs in Virginia Beach Virginia Beach November 14, 2023 7 CITY COUNCILS BRIEFINGS TOURISM ECONOMIC FINDINGS ITEM#7491 S (Continued) Here are the tax impacts: Tax impacts Flacal(tax)Im pacts(2022) Amounts in$million, Tourism generated state and local taxes of Total Tax Revenues $100.7 $223.1 $324 million in 2022. Sales $85.4 $24.8 Hotel Tax $40.5 In the absence of visitor activity,each Virginia Meals Tex $38.2 Beach household would need to contribute Amusement Tax $ss Personal Income $20.8 $1,754 to maintain the current level of state Corporate $2.9 and local government services. Fees $Excise and114 $10.5 Property $0.3 $08.6 Source:Tourism Economks lOIIrIK4 E�QNCM.K_S In 2022, there were 13.6 Million visitors: ® ■� ( ECONOM IC IMPACTS No`t IN CONTEXT ias $2.4 B VISITOR SPENDING The$2A billion in visitor spending meansthat nearly$7 m llllon was spent EVERY DAY by vlsilots in Virglnla Beach. 40 $900M LABORINCOME The$000 million in total income 13.6 MILLION generated lslhee♦u v.lenl of SS,O80 sO for for every household In Total Visitors to Virginia Beach in 2022 Virginia Beach. /(7n� 41 32,704 joss •, tom✓ The numberoftolal Jobsws[alned by tou rim(32,704)su pp orts lD%of all fobs in Virg 1n is Beach. 40 $324M STATE&LOCAL TAXES �5 Each household In Virginia Beach would need to be taxed an additlonel$1,754 to rep lace the visitor taxes received by the state and local governm enlsln 2022, November 14, 2023 8 CITY COUNCILS BRIEFINGS TOURISM ECONOMIC FINDINGS ITEM#74915 (Continued) Travel is strengthening nationally Trave I Indicators change te4nVe to s mn h vs.2019 O:t '.>. 0.+c ]a�, qpi Mar Tun lvl Au Sep vrl Spe.iAny(Twnam EParw —, a% a- -1 D hand(sm) -1% 2'r 0'-e V. V v .. 2% 3'- -21a 3% .5% - TOP 25 Grvup Hotel lkmsW(STRJ -2% -5% 5% -14% .11% 31 -13% -10% -]% -12% 41 4% Slnrt-le.m Re.eel Oenund(AIRG ) NenonN hh VaAP(ta.eww Patk StrvKel 31 -2°k 0% IZ% ]% -6% -6% -9% -]% -R% -)% l3•.�! ��a0-a SYMPHONY TOURISM ECONOMICS *0 Toukr a EGOMOPRCS The next several slides provide future economic impact estimates: The tug-of-war that will define the outlook �_ Il, u 1 - t- November 14, 2023 9 CITY COUNCILS'BRIEFINGS TOURISM ECONOMIC FINDINGS ITEM#7491 S (Continued) Labor market remains strong US:Nonfarm payroll employment 000s 500 Revisions 450 : :Monthly change 400 3 month moving average 350 ---2017-2019 average monthly change 300 1 250 j 200 iih i50{ _ so 1w NW22 Dec22 1an23 Feb23 Mar23 Apr23 May23 Jun23 1.123 Au923 Sep23 Oct23 TOURISM E W�+ Yet, consumers are feeling unease US:Consumer sentiment —Pf —t rondmons 1966Q7-100 --Consumer expectations Consumer sentiment 125 115 105 95 85 75 65 55 45 35 2001 2003 2005 2007 2009 2011 2013 2015 2017 2019 2021 2023 So—e:W.,d Econ k,'Haver Anelytles TomisM ECONo mrs November 14, 2023 10 CITY COUNCILS BRIEFINGS TOURISM ECONOMIC FINDINGS ITEM#7491 S (Continued) Inflation remains the focus US:Selected components of core inflation 'n6m ann 16 —Cote goods —ShOtec —core services ex shelter 14 12 10 8 . 2016 2017 2018 2019 2020 2021 2022 2023 `TOURISM ECONOMY;$ And higher interest rates are leaving their mark US:Fed funds rate projections —Fed funds futures % —FOMc 6 —WSJ consensus —OF 4 3 Forecast 2 1 0 .�. Jan-22 Jul-22 Ian-23 Jul-23 Jan-24 Jul-24 Jan-25 Jul-25 Source:Ovlord Ec—ics/Naver Analytics/Fed/W51 *A TOURISM ECONOAOW November 14, 2023 11 CITY COUNCILS BRIEFINGS TOURISM ECONOMIC FINDINGS ITEM#7491 S (Continued) Housing market slammed by higher interest rates US:30-year mortgage rates US.Pending and existing home sales ye Index.2001=100 000$ 8.0 —MBA —Freddie Mac 130 6,600 7.0 120 6,200 0 5,800 6,0 5.400 100 50 , 90 4.0 80 4200 30 70 3800 2.0 --- _. --Nls 2—EHS —ENS,Imps 1a9-IBIS 2018 2019 2020 2021 2022 2023 3.40) S-1-00-1 —iy— Feb-20 Au9 20 Feb-21 Aug.21 Feb-22 Aug-22 Feb-23 Aug 23 70Ui15u ECoNows Manufacturing is on a weak footing US:Contribution to ISM Manufacturing Index,above 50=expansion 70 1 E1lnvenrones Ia Supplier DelNenes Employmem 65 1 WNoduction B1New orders —Headhne index 60 55 50 45 40 35 a 75 5wrce.Orford E<onomics/Haver Anelytks �7DI,RISA1 ECOr._-�Se November 14, 2023 12 CITY COUNCILS BRIEFINGS TOURISM ECONOMIC FINDINGS ITEM#74915 (Continued) Tighter credit conditions will take a toll consumer spending US:Year-over-year growth in consumer credit %.y/y 20 —R—N'mg —Non-revolving 15 10 v``y 5 0 5 10 -15 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 TOLMW EcoNo"cs Saving rate historically low but buffer is still high US:Personal savings rate US:Estimated excess savings of dispoable personal income S.bns 30 300D ■Upward revision to excess savings(LHS) ■Excess savings(pre-revisions,LHS) 25 2500 —Pre—ion —Post-revision 20 2" 15 1500 10 1000 5 5W I 0 —�... _._._r....-_..—T—r.T_�_ 0 2010 2012 2014 2016 2018 2020 2022 Jun20 Dec20 J-21 Dec21 J.n22 Dec22 J-23 ouro,Oxford Economics/Haver A.1ylics 5ourze Oxford F<orromis/Haver AraFy[ics %OUNSY OOMOM 6 November 14, 2023 13 CITY COUNCILS BRIEFINGS TOURISM ECONOMIC FINDINGS ITEM#749I5 (Continued) Payments of student loans will eat into excess savings US: Treasury receipts from the Department of Education weekly totals,$bn 4.0 3.5 3.0 2.5 2.0 1.5 1.0 0.5 00 Sep19 Mar20 Sep20 Mar21 Sep21 Mar22 Sep22 Mar23 Sep23 Source:Oxford Economics/Haver Analytics wti00RtW E,._,,..,. Workers losing some confidence US:Quits rate versus wage growth 3.5 _Quits rate(LHS) 8.0 3.0 —Atlanta wage growth tracker,lagged 6 ` Z0 months(RHS) 6.0 2.5 5.0 2.0 4.0 1.s 3.0 1.0 2.0 0.5 1.0 0.0 0.0 2003 2005 2007 2009 2011 2013 2015 2017 2019 2021 2023 fillp roukism EcaWN'Scs November 14, 2023 14 CITY COUNCILS BRIEFINGS TOURISM ECONOMIC FINDINGS ITEM#7491 S (Continued) The next several slides provide data supporting that travel is expected to remain stable: The response of travel ...as supply and demand converge US:Unemployment and job vacancies yh 0o so —Unemployed persons LH5 —lob openings RHS 60 40 60 30 40 + 20 20 10 _ 0 10 20 60 30 -80 .40 2002 2004 2006 2008 2010 2012 2014 2016 2018 2020 2022 louusm[ca+0lw, November 14, 2023 15 CITY COUNCILS BRIEFINGS TOURISM ECONOMIC FINDINGS ITEM#7491 S (Continued) Travel planning remains stable Travelers with Travel Plans in the Next Six Months Comparison 20 a .w.o.,o....mN.l wm.s.o•.n,s„As sxw Rml kntinens uuev W—lA L©npwood5i miles rOUtISu ECCXIOtM:s Slippage evident among lower income earners (MMG) Planning Leisure Travel Within the Next 6 Months %of A--in Consumers t t s � `% k nso. ssc sys• six-u-v� Asa s�.v. um. G•.sr x sw^.r m:sw so::vs ro.�a .ro:,w.ro:zw•ro::w.rou v■nnvf --w ,°';°'�',MM,"_"""""" �rors.smro.sr November 14, 2023 16 CITY COUNCIL'S'BRIEFINGS TOURISM ECONOMIC FINDINGS ITEM#7491 S (Continued) International Inbound is gaining momentum Global regions visks to USA 2019=100(same month comparison) Mideast: 102 IATAM: 98 Europe. 86 80 �� Overseas:84 APAC: 72 e0 40 �S\ 20 0 ry° ry° 'L° 'L't° ti i i ti ti ti ti �roryfifiryry ryry ry' d'�' o'ry'' TomisY ECONOW S Business travel plans are holding Business Travel Plans Next Six Months X stole of.nponMMs e.riemnp to UM tt rtafi eae frp BBY. Imern,i mex.rpx 85,. 91ti 93'+ CaJerr-xef,cmtruimf,w ao•h er. 78% cu.rw�w.ff.wr..«. 3ev 74•, 7.% for.o,ro.m, �tce3aa �zoz3ol 3ux3c3 ♦wee r.o.w...r TO m,sm ECONOseCY November 14, 2023 17 CITY COUNCILS BRIEFINGS TOURISM ECONOMIC FINDINGS ITEM#7491 S (Continued) Meeting planners generally growing in optimism Meeting Planner Outlook How the outlook for recovery has Changed among meeting planners the past six weeks )an-22 Mar 22 1 -22 Aug-22 Oct-22 Dec-22 Feb 23 Apr-23 lun-23 Aug-23 Less Opt-st,c No Change N More optimistic Source:Northstar Meetings Group and Cvent(Meetings industry PULSE survey),as of August 2023 SYMPHONY TOURISM ECONOMICS TOMISM ECONOWS Group room night bookings are exceeding 2019 but cooling off DMO/CVB Group Bookings Room nights contracted In recent months for current and future years 3 month rolling average,a change over prior year R RQQ R K ^ Source Simpt—w CRM(2Si U.S.OMOs) T"ISM ECONOWS November 14, 2023 18 CITY COUNCILS BRIEFINGS TOURISM ECONOMIC FINDINGS ITEM#7491 S (Continued) "Groups,which has been the slowest demand driver to recover continues to advance and forward booking data suggest that there will be further progressive improvement to come. ...meetings and events bookings have been ahead of 2019 levels for six months now." IHG,2023Q3 earnings call "We have seen steady improvement in business travel with encouraging signs from both managed and unmanaged corporate customers,strong international demand and historically high premium revenue,both domestically and internationally." American,2023Q3 earnings call In the face of an economic slowdown... • Leisure travel will be resilient • Business and group travel continues to rebuild • International returns to a surplus An economic slowdownof travelers t ►► The response Mayor Dyer expressed his appreciation to Mr. Sacks for the presentation. November 14, 2023 19 CITY COUNCILS BRIEFINGS VBCPS REVERSION FUNDING ITEM#74916 1:51 P.M. Mayor Dyer welcomed Crystal Pate, Chief Financial Officer— VBCPS. Ms. Pate expressed her appreciation to City Council for their continued support: FY 2022/23 Reversion and Revenue Sharing Formula Reconciliation Crystal Pate,Chief Financial Officer November 14,2023 Here is a Breakdown of Reversion Funds: Description School Operating fund reversion* $21,535,205 Unexpended debt service $3,962,133 Breakdown Federal revenue over budget $4,937,704 of Reversion State revenue under budget ($9,099,435) Funds Sales tax over budget $6,865,303 Other revenues over budget $1,703,752 Athletics fund reversion $264,685 Green Run Collegiate fund reversion $219,486 Total FY 2022/23 Reversion Funds 'Eytlutln tlebt servittand revenues over/untlerbutlget November 14, 2023 20 CITY COUNCILS BRIEFINGS VBCPS REVERSION FUNDING ITEM#74916 (Continued) Revenue Sharing Formula True up Per the Revenue Sharing Formula,if actual local tax revenues exceed the budgeted local tax revenues,the School Board C.0' may request that such funds be appropriated at the same time as the appropriation of reversion funds FY 2022/23 city revenues underperformed the budget The initial Revenue Sharing Formula true up was($2,568,778) The revised Revenue Sharing Formula true up is($4,248,024) The Net Available for Reappropriation is $26,140,809: Net Available for Reappropriation Description Amount Total FY 2022/23 Reversion Funds $30,388,833 Revised FY 2022/23 City Revenue ($4,248,024) Sharing Formula True Up ReappropriationNet Available for 40 :0• November 14, 2023 21 CITY COUNCILS BRIEFINGS VBCPS REVERSION FUNDING ITEM#74916 (Continued) Here is the Proposed Spending Plan: Proposed Spending Plan Description Amount available for reappropriation $26,140,809 Capital Improvement Program $14,890,809 $11,250,000 PAYGO funding to replace authorized,but unissued PRFB($3,962,133) PAYGO funding for project 1-018 Renovations and Replacements-HVAC Phase III($5,000,000) PAYGO funding for project 1-020 Renovations and Replacements-Various Phase III($2,928,676) PAYGO funding for project 1-030 Payroll System Replacement($3,000,000) School Reserve fund for use in the FY 2024/25 CIP $11,000,000 $250,000 PAYGO funding for project 1-015 Princess Anne High School Replacement($5,500,000) PAYGO funding for project 1-028 B.F.Williams/Bayside 6th(Grades 4-6)Replacement($5,500,000) Athletics fund $250,000 $0 All n� Questions and Discussion November 14, 2023 22 CITY COUNCILS BRIEFINGS VBCPS REVERSION FUNDING ITEM#74916 (Continued) The next couple of slidesprovide background information for the Resolution Regarding Additional Funding for FY 2023124: Resolution Regarding Additional Funding for FY 2023/24 Crystal Pate,Chief Financial Officer November 14,2023 Timeline The FY 2023/24 budget was adopted by the City Council on May 9,2023 • Governor Youngkin convened a special session of the 2023 General Assembly on T September 6,2023 The General Assembly adopted a budget that amends FY 2024 Direct Aid distributions to school divisions Governor Youngkin signed the Virginia State Budget on September 14,2023 November 14, 2023 23 CITY COUNCILS BRIEFINGS VBCPS REVERSION FUNDING ITEM#74916 (Continued) Here is an overview of Revised FY 2023124 State Distributions for the School Operating Fund: Revised FY 2023/24 State Distributions for the School Operating Fund • The adopted amendment increases funded support positions Current Re Vlsed to 24 positions per 1,000 students in ADM to funded SOD Description Budget Budget Variance instructional positions. • This budget allocation provides state funding fora 2.0 Basic Aid 194,581,743 200,215,771 SAK028 percent compensation supplement effective January 1,2024. VRS Retirement 26,742,855 26,555,054 It should be noted that VBCPS'adopted budget was built off (187,801) estimates from the House Appropriations Committee,which Social Security 91 55,858 provided the state share of an additional 2%increase y A 11,380;738 (75,1201 effective July 1,2023. Group Life 826,324 788,764 (37,560) • This allocation provides additional lottery proceeds to support Direct Aid in fiscal year 2024,This action does not Compensation 32,345,532; 30,198,042 (2,147,490) provide any additional state funding to school divisions. Supplement Instead,it switches the funding source for a portion of the At- Risk Add-on program funding from the general fund to At Risk 10,222,748 10,444,757 222,009 Lottery. TOTAL 3,408,066 VARIANCE Here is an overview of Revised FY 2023124 State Distributions for the Categorical Grants Fund: Revised FY 2023/24 State Distributions for the Categorical Grants Fund • $20,037,157 in one-time state per pupil funding for the implementation of"ALL In" • The Governor recommended that school w ■ I divisions focus on an"ALL In"approach "ALL that focuses 70 percent on Grade 3-8 high- intensity tutoring,20 percent on the Tutoring Virginia Literacy Act(VLA),and 10 percent on chronic absenteeism. • The required annual reporting will focus on .«E� division uses of the funds within these three priority areas. November 14, 2023 24 CITY COUNCILS BRIEFINGS VBCPS REVERSION FUNDING ITEM#74916 (Continued) Questions and Discussion Mayor Dyer expressed his appreciation to Ms. Pate for the presentation. November 14, 2023 25 CITY COUNCIL'S BRIEFINGS VIRGINIA BEACH SPORTS CENTER UPDATE ITEM#74917 2:03 P.M. Mayor Dyer welcomed Nancy Helman, Director—Convention & Visitors Bureau. Ms. Hellman expressed her appreciation to City Council for their continued support and distributed a copy of the presentation, attached hereto and made apart of the record. Mayor Dyer expressed his appreciation to Ms. Hellman for the presentation. November 14, 2023 City Council Presentation Informal Session Virginia Beach Sports Center Nancy Heiman, Director, Convention and Visitors Bureau November 14, 2023 virginia beach NOW IT ALL BEGAN • The Sports Marketing Unit began in 1999 as a Pilot Program with Two Employees • Today, VB Sports has 7 FTE • Since the inception, VB Sports has been the largest impact/room night producer for the CVB. • Widely recognized as an industry leader in Sports Tourism, individual employees and the division as a whole have been recognized by national associations and national governing bodies of sport. • In 2016, the City embarked on the journey to reinvest in this lucrative market. NOW IT ALL BEGAN "Based on customized research and our extensive industry experience, we identified that significant community demand exists for a New City-Controlled Indoor Sports Center with Convenient Access to Virginia Beach Hotel Inventory." Victus Advisors Study 2016 NOW IT ALL BEGAN PPEA PROCESS DESIGN BUILD OPERATE & 0 MAINTAIN CLARKNEXSEN m E b -146 HAN BU RY AR s . M A A A V' G A £ .N E Af T TIMELINE • Victus Advisors Commission for Study • RFP and Scope of Work Out for Bid J 2018— • Agreements signed solidifying design/build and �---. August- operating teams: Clark Nexsen/MEB and ESM October r.. October Lots _----- August 2019.Parking Cleared and Building Site Construction ,� • August New Parking Open August 2019— October 2020 _ Remainder of Construction • October Sport Center Opens VIRGINIA BEACH SPORTS CENTER The Virginia Beach Sports Center is an asset to attract sport participants, spectators, and the families to the city of Virginia Beach and to provide a positive economic impact for the city. Design, Build, Operate PPEA project: • $68 Million funded by the Tourism Investment Some of the Facility Features include: 285,000 Square Feet Program 12 Basketball Court convertible to 24 • Annual Debt Service - $6M + (TIP Fund) Volleyball Courts • $4 Million furniture, fixtures and equipment provided by the private operator 200 Meter, Indoor Hydraulically Banked Track • $750,000 Operating Reserve -City Seating for 5,000 Spectators • $400,000 Operating Capital - Operator 195,000 square feet of programmable • CVB Responsible for Tourism Tournament Bookings ' . space ' • ESM Responsible for Operations, Leagues, �, Community Revenue Events, Maintenance h. ._ a, • • '> A • e s ' • e • • x, ., ,.,„ �ff_ FY 22-23 165 202,621 359,823 562,444 142,213 FY 21-22 171 217,800 341,322 559,122 150,723 FY 20-21** 96 112,560 164,308 276,868 79,417 FY 19-20* 59 80,506 159,691 240,197 71,958 FY 18-19 108 152,381 288,178 440,559 112,404 FY 17-18 91 146,637 384,340 530,977 114,784 FY 16-17 88 148,615 273,513 422,128 102,330 FY 15-16 99 149,329 259,829 409,158 109,169 FY 14-15 79 77,035 197,484 274,519 109,396 TOTAL 956 1,287,334 2,428,238 3,715,572 992,489 Opening October 2020 *COVID-19 was declared a pandemic on March 11th,2020. *70 events canceled due to the pandemic **CDC Restriction Still In Place SPORTS TOURISM BY THE NUMBERS Total Events Total Athletes Total Spectators Total Attendance 1 at FY 22-23 59 82,208 118,100 200,308 60,759 FY 21-22 58 76,187 108,700 184,887 52,869 FY 20-21** 41 51,555 58,285 109,840 33,798 TOTAL 158 209,950 285,085 495,035 147,426 Opening October 2020 **CDC Restriction Still In Place SPORTS CENTER ROOM NIGHT PERFORMANCE Room Nights 50.000 Year F Victus Actuals Events Projections Hosted FY 21** 33,865 33,798 41 20,000 FY 22 33,865 52,869 58 FY 23 33,865 60,759 59 10,000 Projected vs.Actual Room Night Production from Tournament Activity booked by CVB awzi F-zz **CDC Restrictions still in place Victus Projections —Actuals OPERATING STATUS A; virginia beach AUDIT FINDING 1. = ESM FINANCIAL SUSTAINABILITY • Finding 1. Sustainability of Financial Operations Appears Questionable o Work closely with ESM to identify ways to increase operating revenues. This includes, but is not limited to, hosting sports events which generate the greatest long-term economic impact, maximizing the number of sports events hosted during the summer months, selecting optimal price points for all revenue streams, and minimizing the quantity and amount of discounts offered to sports event sponsors. o For Funds provided to ESM VBSC due to insufficient funds, in accordance with Section 5.3 of the management agreement: o Suspend payment of the incentive fee to ESM VBSC until funds provided by the City have been returned. o Require from ESM VBSC a six-month plan to meet the operating expenses of the Sports Center and, if they fail to meet the expenses after six month from receipt of the insufficient funds notification, deem such an occurrence an event of default by ESM VBSC under Section 8.1 (ad)of the management agreement CURRENT REALITY • Facility opens to the public October 2020 • City-funded reserve ($750,000) substantially exhausted October 2022 • City Auditor Report issued Feb. 10, 2023 • City issued notice of probationary status June 7, 2023 • ESM issued demand letter June 14, 2023 • The demand was discussed and an item was brought forward to address the demand letter. • August 8, 2023, City Council deferred action on a funding item ($1,164,299) to respond to demand letter • Shortly thereafter, discussions with ESM changed to address whether an arrangement could be reached to terminate the Management Agreement • Since August 15, negotiation between City and ESM as to possible resolution COUNCIL CONSIDERATIONS • Enter into a Settlement and Transition Agreement with the current operator. Furniture, Fixtures and Equipment Payoff $4,604,266.53 Accrued Expenses $1,506,095 Management Fees, Cash Advances, Accounts Payable and Unpaid Gate Receipts Total Settlement Agreement $6,110,361.53 Less Reservation in Tip Fund ($2,555,896) Total Unreserved Balance Needed from TIP $3,554,465.53 NEXT STEPS • Council Vote on November 21 to terminate current Management Agreement and agree to Settlement and Transition Agreement. • Appropriate from TIP Fund Balance — $6,110,361.53 • Transition of Facility operations back to City on November 30, 2023. • The City will engage an emergency operator for not more than 12 months while completing the formal RFP process and fund the working capital for the emergency operator $500,000. The remainder of the fiscal year: 7-Month Period: November 30 — June 30 • Estimated 53 Events • Estimated 175,000 in Attendance • Estimated 50,000 room nights virginia beach 26 CITY COUNCIL LL4ISON REPORTS ITEM#74918 2:50 P.M. Council Member Rouse advised she attended the Active Transportation Advisory Committee (ATAQ meeting yesterday where the traffic engineers and police officers provided a briefing on pedestrian and bicycle accidents and safety measures to avoid them such as being visible when using crosswalks and medians. Council Member Rouse further advised the Holiday Bike Night will be held at the Boardwalk, on November 16`h,from 5:30—8:00 P.M., entering at Rudee Loop, and encouraged everyone to decorate their bikes with lights and ride on the Boardwalk. November 14, 2023 27 CITY COUNCIL LIAISON REPORTS ITEM#74919 Council Member Ross-Hammond advised on November 9' she and Council Member Rouse provided remarks at the Minority Business Council's 24`h Annual Conference and Expo at the Convention Center and expressed the event was very successful. November 14, 2023 28 CITY COUNCIL LIAISON REPORTS ITEM#74920 Council Member Ross-Hammond advised she and Council Member Remick attended the first Virginia Beach VA250 Committee meeting and was pleased to see so many of the newly appointed members attend and show their enthusiasm. November 14, 2023 29 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#74921 2:52 P.M. Council Member Berlucchi began by thanking Mayor Dyer, City staffand residents who attended and supported his District 3 Town Hall on November 13`h. Council Member Berlucchi further advised The Arts Alliance, a regional organization that advocates and promotes arts, culture and humanities in Hampton Roads, recently held a series of strategic meetings. Council Member Berlucchi advised from the meetings, an economic impact report was released which details the impact of arts and culture on people and the economy. Council Member Berlucchi advised that arts and culture projects was identified by the Body as a top priority and asked that as discussions for economic development and community projects are discussed, to include arts and culture in the conversation. November 14, 2023 30 CITY COUNCIL DISCUSSIONANITIATIVES/COMMENTS ITEM#74922 (Continued) Council Member Berlucchi advised this Saturday, the Virginia Beach BMX will host an exhibition and fundraiser at Oceanfront Eats, starting at noon. Council Member Berlucchi advised the fundraiser will support the development of a BMX park, expressing he has had a wonderful experience working with the BMXriders who are part of a culture in the City with an authentic action sport. Council Member Berlucchi encouraged everyone to attend to support them. November 14, 2023 31 CITY COUNCIL DISCUSSIONANITIATIVES/COMMENTS ITEM#74923 (Continued) Council Member Berlucchi advised this Saturday, Sheriff Holcomb is hosting a Turkey Bowl at Kempsville High School, with employees from public safety playing against students from public schools. Council Member Berlucchi advised he will do the coin toss and Senator Rouse will referee, adding regardless of what the score is, it's a win for the whole community and will support the school backpack program. November 14, 2023 32 CITY COUNCIL DISCUSSIONANITL4TIVES/COMMENTS ITEM#74924 (Continued) Council Member Berlucchi advised the Bridge the Gap Festival will be this Saturday at Mount Trashmore. Council Member Berlucchi advised this is a fantastic program organized by Pastor Bobby White and the Police Department to bridge the gap between law enforcement and young people in the community by building trust, mutual respect and understanding. November 14, 2023 33 CITY COUNCIL DISCUSSIONANITIATIVES/COMMENTS ITEM#74925 (Continued) Council Member Berlucchi advised this morning, he and Council Member Rouse met near the location on Holland Road for the revealing of 5,000 square feet of new plantings as part of the beautification and improvements in the Holland Road corridor - which separates Districts 3 and 10. Council Member Berlucchi advised 500 daylilies and a variety of trees were recently planted. Council Member Berlucchi expressed it looks great and believes this part of the city should get the same love and attention as other parts of our community. Council Member Berlucchi expressed his appreciation to Council Member Rouse for the collaboration for this project as well as City Manager Duhaney and the Parks and Recreation Department for the funding and support. November 14, 2023 34 CITY COUNCIL DISCUSSIONIINITIATIVES/COMMENTS ITEM#74926 (Continued) Council Member Henley advised has been working with volunteers and historians at the Senior Resource Center to publish a book on the cemeteries in the City. Council Member Henley advised one of the cemeteries discovered was the Brown family cemetery during a rezoning and development project in Princess Anne Meadows. Council Member Henley advised the site was also the location of the first Piney Grove Baptist Church which the Brown family was instrumental in establishing. As part of the conditions to the development, the cemetery was to have a fence put in place around the perimeter to protect it but it also caused it to become overgrown. Council Member Henley advised she is working with Sheriff Holcomb to have his workforce help to clear out the overgrowth and clean the cemetery. Council Member Henley advised this site has had two archeological surveys completed and in one area ceramic shards were found and believed to date back to 1790-1820 during the Revolutionary War. Through this work, the Department of Historic Resources became aware and determined the site is eligible to be placed on the Historic National Registry. Council Member Henley advised she is happy to share all of the data with the Body if anyone is interested. Council Member Ross-Hammond expressed her appreciation for this effort as Edna Hawkins has spent a lot of time researching the Brown family cemetery and has contributed information to the Virginia African American Culture Center. November 14, 2023 35 CITY COUNCIL DISCUSSIONANITLITIVES/COMMENTS ITEM#7492 7 (Condnued) Council Member Henley advised she has been working on the workforce housing issue and has gathered the documents and adopted ordinances during her review. Council Member Henley advised before the Workforce Housing Ordinances were adopted in 2007, thorough research and work was done by a committee and approved by the Planning Commission before City Council adopted the Ordinances. Council Member Henley advised there are six(6) steps to be followed which were not used recently and will now need to be redone. Council Member Henley requested the documents be distributed to the Body in the Friday Packages, attached hereto and made a part of the record. November 14, 2023 WORKFORCE HOUSING Six Steps_ Virginia Beach City Council August 21 , 2007 amfl STEP 1 : Application 1 . Land or existing 2. Developer submits development that can Workforce housing be developed or re- application—requests developed "by right' density bonus with 100 units of housing 2 Slide 2 amfl afriedma,8/20/2007 Bonus Density Calculation for Land 30% Bonus Density for 100 Base Units Creates 22 New WFH Units and 8 New Market Rate Units 8 22 ■ Base units ■ New WFH Units O New Market Units 100 3 STEP 2 : Application Review 1 . Developer's complete application 2. Planning and Housing Staff Review 3. Planning Commission review 4. Council review — approval 5. Approved WFH rezoning and development plan 4 STEP 3 : Begin or Approved Workforce Housing Plan City & Developer VBCDC Builds 130 Advertise for Units Eligible Buyers Pool of Eligible 22 WFH 108 Market Price -►____ Units 240,000 Units Buyers ($ ) 5 I_ F Step 4 : UnitsSale of to Eligible Buyers Eligible Buyer Locates WFH Obtains Bank Unit Financing for WFH Discounted Price 6 Step 5 : ■ ■ City contracts City assigns We have a with builder to _ contract to WFH OWNER! buy WFH Unit eligible buyer EXAMPLE: EXAMPLE: • City/Agent assigns purchase contract to eligible buyer for Developer and City/Agent •(i) WFH Discount Price [$180,000] + enter into purchase contract at WFH Discount •(ii) no-interest note to secure WFH Discount Price [$180,000]. [$60,000] and a share of any net appreciation on resale, and •(iii) a 1St right to repurchase/assign unit on resale Financingof I Buyer's HUD 1 EXAMPLE Buyer's Costs Sources of Funds Purchase Price = $ 240,000 First Mortgage $ 1807000 Taxes, etc $ 5,000 WFH 2nd mortgage $ 60,000 (WFH Discount, no interest note) WFH Fee *** Down payment $ 5,000 (by buyer) Total $ 245,000 Total $ 245,000 ***Fee amounts are to be discussed by the WFH board and brought back to Council for decision 8 Summary End of " First Sale" Process 9 This concludes the initial sales process. � The original buyer has the right to keep the house forever, or to sell at anytime. The original contract and 2nd deed of trust on the property define what the original buyer must do if they desire to sell . The following slides define how the "2"d" and any subsequent sales take place. 9 "Second Sales" Sale by the Original Owner There are three possible options for the second sales; in two of them, we preserve future affordability. F 1 ) Allow another eligible buyer to repurchase. Since we have the right to repurchase, we would normally re-assign that right to a buyer in the pool of eligible buyers. 2) If there were no buyers at the time, we might buy and hold the unit for a short time and then re-sell. 3) If the unit was determined to be unaffordable, we could permit a sale on the open market. F All sales are at market value determined either by appraisal or by the market. 10 Step 6A : of WFH U (if owner wishes to sell and city wishes to preserve affordability) 1 . Owner notifies City i 5. Eligible buyer purchases at FMV [$300,000], of Intent to Sell less WFH Discount [$75,000] or 1 , [$225,000], • secured by a no-interest note to the City 2. City/Agent contracts with seller for the discount [$75,000] plus shared net at appraised FMV [$300,000] appreciation, and 3. City/Agent assigns contract to • grants City first right to repurchase new eligible buyer for FMV, NEW WFH 4. City recalculates workforce Owner housing discount at same percentage of discount to sales price of initial sale ($75,000 in this example) 11 FINANCING OF A WFH RESALE -EXAMPLE- Item Notes FMV Sale Price $ 300,000 Sale Price is fair market value based on appraisal Less: 1st Mortgage $ 180,000 For this example, first mortgage payoff is assumed to be original amount — actual will be remaining balance Less: WFH 2nd Mortgage $ 60,000 This is the original value of the WFH lien Less: 25% of Shared Appreciation is difference between Appreciation $ 15,000 original WFH price and current price or $300,000 - $240,000 = $60,000. City recaptures 25% of appreciation or $15,000. Seller's Net Proceeds $ 45,000 Cash to seller. Will vary depending on actual FMV and 1 St mortgage balance Step 6A: 2ndBuyer 9 s Costs and Sources Purchase Price = $300Y000 Costs Sources Purchase Price $ 300,000 WFH 2nd Mortgage $ 75,000 (based on appraised fair market value) Based on 25% discount Taxes, etc $ 5,000 Down payment $ 5,000 Assumed amount required First mortgage $ 225,000 Must be obtained by 2nd buyer TOTAL $ 305,000 TOTAL $ 305,000 13 Step 6A: City' s Finances Resale to Eligible Buyer Recaptured from Original Paid on Behalf of 2nd Buyer Eligible Buyer Original WFH 2^d Mortgage WFH Znd Mortgage $ 607000 $ 757000 City's Share of Net Appreciation (25%) $ 15,000 Total $ 75,000 Total $ 757000 14 Step 613 : 2nd Sale (If Owner Wishes to Sell and City Does Not Preserve Affordability) 1 . City releases owner from repurchase requirement. • City would release where FMV appreciation of unit less WFH Discount and Shared Appreciation exceeds affordability for eligible buyers. • In such cases, City must decide whether to supplement the discount or release unit to open market. 2. Owner sells unit to private buyer at whatever sale price is agreed to 3. Owner pays off WFH 2ND Mortgage plus Shared Appreciation from sale proceeds. 4. Funds received by City are deposited in WFH Revolving Fund. 15 WFH Rental Developments 1 . A developer wanting to develop rental housing with WFH units as part of it goes through the same application and review process as a for-sale development. 2. The developer/owner and City enter into a compliance agreement defining the below market rents and eligibility requirements for renters of the WFH units. 3. Eligible renters must locate and qualify for units on their own, and sign their own lease agreements with the developer/owner. 4. The developer/owner provides annual reports and the City does on-site monitoring to verify compliance with WFH market rents and eligibility requirements. 5. This is very similar to many existing rental housing programs. 16 WFH Program Principles 1 Minimize costs while insuring protection of all parties r Transparency of all program actions via advisory board review and Council approval r Semi-annual adjustment of income and cost tables, as well as review of any program issues via advisory board and council Effective oversight and compliance to insure quality outcomes for all 17 WFH Additional Steps 6 City Council appoints Advisory Board Ordinance to establish WFH Revolving Fund �- Development of agreement with city's agent for program operation and fees r Development of all forms, procedures, and legal. documents 18 Workforce Housing Program Yoi t Questinns and ( n ,mments Thank you ! 19 y P 1 AN ORDINANCE TO AMEND THE CITY ZONING 2 ORDINANCE BY AMENDING SECTION 102, ESTABLISHING 3 THE WORKFORCE HOUSING OVERLAY DISTRICT; 4 AMENDING SECTION 900, PERTAINING TO THE 5 LEGISLATIVE INTENT OF THE B-4 MIXED USE DISTRICT, 6 THE B-4C CENTRAL BUSINESS MIXED USE DISTRICT AND 7 THE B-4K HISTORIC KEMPSVILLE AREA MIXED USE 8 DISTRICT; AND BY ADDING A NEW ARTICLE 20, 9 CONSISTING OF SECTIONS 2000 THROUGH 2O06, 10 PERTAINING TO DEFINITIONS, APPLICABILITY, 11 PERMITTED USES, DENSITY BONUSES, PLAN 12 REQUIREMENTS AND REQUIRED FEATURES OF 13 DEVELOPMENT IN WORKFORCE HOUSING OVERLAY 14 DISTRICTS 15 16 Sections Amended: City Zoning Ordinance Section 102 and 17 900 18 19 Sections Added: City Zoning Ordinance Sections 2000 - 2006 20 21 WHEREAS, the public necessity, convenience, general welfare and good zoning 22 practice so require; 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 That Section 102 of the City Zoning Ordinance is hereby amended by 28 establishing the Workforce Housing Overlay District, and a new Article 20, consisting of 29 Sections 2000-2006, is hereby added, pertaining to definitions, applicability, permitted 30 uses, density bonuses, plan requirements and required features of development in 31 Workforce Housing Overlay Districts, which shall read as follows: 32 33 Sec. 102. Establishment of districts and official zoning maps. 34 35 . . . . 36 37 (a4) There is hereby established the Workforce Housing Overlay District Such 38 district shall be designated on the official zoning map by the notation "(WF)" following 39 the designation of the underlying zoning district. As an illustration property in the B-4 40 Mixed Use District and in the Workforce Housing Overlay District shall be designated on 41 the official zoning map as having the classification "B-4(WF) " The Workforce Housing 42 Overlay District shall be limited to property located within those areas of the City 43 designated in Section 2003 of this ordinance that has been rezoned to incorporate the 1 44 Workforce Housing Overlay District as an overlay to the underlying zoning classification 45 of the property. 46 47 . . . . 48 COMMENT 49 50 The amendment establishes the Workforce Housing Overlay District. The Overlay District 51 is to be created only on a case-by-case basis pursuant to a rezoning adding the Workforce Housing 52 Overlay District designation to the underlying zoning district classification of the subject property. 53 Such rezonings may occur only in areas identified in the Comprehensive Plan as suitable 54 increased dwelling umt density, =nc uding Strategic Growth Areas. 5 - 56 Sec. 900. Legislative intent [Business Districts]. 57 58 The purpose of the B-1 Neighborhood Business District is to provide areas where 59 a limited range of business establishments can be located near or adjacent to 60 residential development without adversely impacting the adjacent residential area. The 61 purpose of the B-1A Limited Community Business District is to provide areas where 62 limited commercial development can be dispersed to support the needs of nearby 63 residential neighborhoods. The purpose of the B-2 Community Business District is to 64 provide land needed for community-wide business establishments. This district is 65 intended for general application in the city. It is intended that, by the creation of this 66 district, business uses will be geographically concentrated. The purpose of the B-3 67 Central Business District is to set apart that portion of the city which forms the 68 metropolitan center for financial, commercial, professional and cultural activities, 69 including business, professional and cultural development in a manner that 70 complements the B-3A Pembroke Central Business Core District and the policies 71 identified in the City of Virginia Beach Comprehensive Plan. It is intended that any uses 72 likely to create friction with these proposed types of activities will be discouraged. This 73 district is not intended for general application throughout the city. The purpose of the B- 74 3A Pembroke Central Business Core District is to optimize development potential for a 75 mixed-use, pedestrian-oriented, urban activity center with mid- to high-rise structures 76 that contain numerous types of uses, including business, retail, residential, cultural, 77 educational and other public and private uses. The B-3A district is intended to comprise 78 publicly accessible community open space areas, generally reflective of the concepts 79 identified in the city's Comprehensive Plan and the Pembroke Central Business District 80 Master Plan. Requests for rezonings to the B-3A Pembroke Central Business Core 81 District shall be limited within the area bound by Independence Boulevard, Jeanne 82 Street, Constitution Drive and the Norfolk-Southern Railroad right-of-way. As to those 83 buildings and structures rendered nonconforming by a rezoning to B-3A, it is the intent 84 of the City Council to encourage their appropriate expansion or renovation by resolution, 85 as set forth in section 105, in order to effectuate the intent of this section. This district is 86 not intended for general application throughout the city. The purpose of the B-4 Mixed 87 Use District is to provide for retail and commercial service facilities and residential uses, 88 including high-quality workforce housing in appropriate areas within the district 89 including Strategic Growth Areas, in those areas of the city where a mixture of such 2 90 uses is desirable and recommended by the policies of the Comprehensive Plan. The 91 purpose of the B-4C Central Business Mixed Use District is to provide an area that 92 complements the B-3A Pembroke Central Business Core District through quality mixed 93 use development at intensities and patterns that support multiple modes of 94 transportation, higher residential densities, including high-quality workforce housing in 95 appropriate areas within the district, and an integrated mix of residential and non- 96 residential uses within the same building or on the same lot. Requests for rezonings to 97 the B-4C Central Business Mixed Use District shall be limited to the area surrounding 98 the B-3A Pembroke Central Business Core District and generally bounded by Thalia 99 Creek on the east, Interstate 264 on the south, Aragona Boulevard on the west, and 100 Jeanne Street and Broad Street on the north. Development within the B-4C Central 101 Business Mixed Use District should adhere to the Comprehensive Plan's Mixed Use 102 Development Guidelines. The purpose of the B-4K Historic Kempsville Area Mixed Use 103 District is to provide an area that complements the adjoining residential neighborhoods 104 through quality mixed use development at intensities and patterns that support multiple 105 modes of transportation, higher residential densities, including high-quality workforce 106 housing in appropriate areas within the district, including Strategic Growth Areas and 107 an integrated mix of residential and non-residential uses within the same building or on 108 the same lot. Rezonings to the B-4K Historic Kempsville Area Mixed Use District shall 109 be limited to property within the area generally bounded by Kempsville Heights and 110 Kempsville Lake to the north, Cedar Run Canal to the south, Kempsville Gardens and 111 Kempsville Manor to the east, and Eastern Branch of the Elizabeth River to the west. 112 Development within the B-4K Historic Kempsville Area Mixed Use District shall conform 113 to the Comprehensive Plan's Mixed Use Development Guidelines and the Historic 114 Kempsville Area Master Plan or, in the event of a conflict, shall conform to the Historic 115 Kempsville Area Master Plan. 116 117 COMMENT 118 119 The amendments add the provision of high-quality workforce housing in appropriate 120 locations to the legislative intent of the B-4 Mixed Use, B-4C Central Business Mixed Use and B-4K 121 Historic Kempsville Area Mixed Use Districts. 122 123 ARTICLE 20. WORKFORCE HOUSING 124 125 Sec. 2000. Purpose and intent. 126 127 The purpose and intent of this Article is to encourage the development of high- 128 quality housing that is: (1) affordable by households with annual incomes of between 129 80% and 120% of Area Median Income (AMI); or (2) for rental purposes by households 130 with annual incomes of between 60% and 90% of AMI adjusted for family size who live 131 or work in Virqinia Beach;. Because such households generally, although not uniformly, 132 consist of one or two working members such housing is termed "workforce housing." In 133 order to accomplish that goal, this Article establishes incentives for the construction of 134 workforce housing in areas of the City, including Strategic Growth Are in which the 135 Comprehensive Plan recognizes increased density to be _apprpbrqjjej Equally 3 136 importantly, this Article also ensures that workforce housing will be well-designed, of 137 high quality, and well-integrated into the overall development of which it is a component. 138 139 COMMENT 140 141 The new section states the purpose and intent of the ordinance, which is to provide 142 incentives for the development, in areas of the City where the Comprehensive Plan recognizes that 143 increased density is appropriate, of high-quality, affordable housing for persons meeting the 144 income guidelines set forth in the section. 145 146 Sec. 2001. Findings. 147 148 The City Council hereby finds that: 149 150 (a) Housing prices have risen much faster than incomes during the past few 151 years, thereby eliminating for many people, the option of purchasing a home, and for 152 others, the option of renting without causing an undue financial burden; 153 154 (b) The most effective approach to preserving the quality of the City's housing 155 and neighborhoods is to maintain and improve upon their diversity. This diversity 156 includes the type value and design of housing and neighborhoods, which in turn, helps 157 the City meet its goals for a quality physical environment, family and youth opportunities 158 and economic vitality. In addition people from a variety of cultures, backgrounds, ages, 159 races and capabilities will have greater opportunities to find and retain safe, decent and 160 affordable housing; 161 162 (c) The planning and creation of mixed-income and mixed-use developments 163 will advance the City's goal of providing diverse, high-quality and affordable housing in 164 desirable neighborhoods. Allowing a greater mix of incomes within neighborhoods 165 increases the affordability of housing and reduces the isolation of income groups. 166 Further, mixed-use developments are beneficial in the long run because they broaden 167 housing opportunities, increase residents' access to nearby employment and provide a 168 better land use arrangement to accommodate alternative, cost-effective transportation 169 systems. 170 171 (d) Without an adequate supply of workforce housing, employees of local 172 businesses would be forced to live in places that are distant from the workplace, thereby 173 causing financial and social stress upon the families of such employees. In addition, an 174 inadequate supply of workforce housing would discourage prospective businesses from 175 locating in Virginia Beach; and 176 177 (e) Workforce housing is not housing of inferior quality or design, nor will it 178 adversely affect the value of homes in the vicinity. As required by the provisions of this 179 Article, the exterior of workforce housing units will be essentially indistinguishable from 180 non-workforce housing units of the same housing type and the overall quality of 181 construction of the interior of workforce housing units will be comparable to that of non- 4 a 182 workforce housing units. Workforce housing units within mixed-use developments, will 183 be subject to applicable design standards set forth in the Comprehensive Plan. In 184 addition, workforce housing units will be integrated into the residential component of a 185 mixed-use development, rather than being located in discrete areas within that 186 component. 187 188 COMMENT 189 190 The section sets forth findings concerning the need for workforce housing in subsections (a) 191 through (d). Subsection (e) expresses a finding that workforce housing is not substandard or 192 inferior, and explains the basis for that finding, which is reflected in the requirements for 193 workforce housing units set forth in Section 2006. 194 195 Sec. 2002. Definitions. 196 197 As used in this article, the following terms shall be defined as follows: 198 199 (a) Affordable. Housing is considered affordable by a purchaser if no more 200 than approximately 30% of the gross household income of the purchaser is spent on 201 direct housing costs, which include mortgage principal, interest, taxes and insurance, 202 but not homeowners' association dues, condo fees, utilities or other related housing 203 costs. 204 205 (b) Affordability Level Statement. A statement of the number of workforce 206 housing units that are affordable to qualified buyers at 80%, 90%, 100%, 110% and 207 120% of Area Median Income, respectively or to qualified renters at 60%, 70%, 80% 208 and 90% of Area Median Income. 209 210 (b) Area Median Income (AMI) — The household income that one-half of the 211 household incomes in a specific area are below and one-half are above. References in 212 this Article to Area Median Income shall be to the Area Median Income for the Virginia 213 Beach-Norfolk-Newport News, Virginia Metropolitan Statistical Area (MSA), which is 214 published annually by the U.S. Department of Housing and Urban Development (HUD) 215 and is adjusted for household size. 216 217 (c) Bonus Density—An increase in the maximum allowable dwelling unit 218 density on a property attributable to the provision of workforce housing on that property. 219 220 (d) Qualified Buyer - A person whose Workforce Housing application has 221 been approved and who meets the home ownership requirements of the Workforce 222 Housing Program. These requirements center on gross annual income, financial 223 assets, and location where one works and lives. To purchase a Workforce Housing 224 Unit, annual gross income must generally be between 80% and 120% of Area Median 225 Income. 226 5 s 227 (e) Qualified Renter — A person whose Workforce Housing application has 228 been approved and who meets the rental requirements of the Workforce Housing 229 Program. These requirements center on gross annual income, financial assets, and 230 location where one works and lives. To rent a Workforce Housing Unit, annual gross 231 income must generally be between 60% and 90% of Area Median Income. 232 233 (f) Strategic Growth Area (SGA) — Areas of the City that are designated in the 234 Comprehensive Plan to absorb most of City's future growth, both residential and non- 235 residential. These areas, which are planned for more intensive uses than most other 236 areas of the City, are characterized by the integration, not separation, of diverse but 237 compatible uses including, where appropriate, residential uses. 238 239 (g) Workforce Housing (WFH) — Housing that is generally affordable to 240 households with working members who live or will be living in the City of Virginia Beach. 241 For home ownership, it is housing that is priced to be affordable to households with 242 annual incomes between 80% and 120% of AMI. For rentals, it is housing that is priced 243 to be affordable to households with annual incomes between 60% and 80% of AMI 244 245 (h) Workforce Housing Discount — The difference in sales price between a 246 market rate unit and an equivalent Workforce Housing Unit. This amount is calculated 247 to be the reduction in sales price necessary to make a Workforce Housing Unit 248 affordable to a household at a targeted income level. 249 250 (0 Workforce Housing Unit (WFH Unit) - A dwelling unit that is reserved for 251 sale or rent by a Qualified Buyer or Qualified Renter, as the case may be, at a price 252 incorporating the workforce housing discount. Workforce housing units are constructed 253 as a result of the bonus density provisions that allow the construction of a greater 254 number of dwelling units on a specific parcel of land than is otherwise allowed in 255 exchange for the provision of workforce housing on the parcel. 256 257 COMMENT 258 259 The section contains definitions of various terms used in the ordinance. 260 261 Sec. 2003. Areas of applicability. 262 263 The Workforce Housing Overlay District shall be limited to property in areas of 264 the City in which increased density of residential development is consistent with the 265 Comprehensive Plan, including Strategic Growth Areas; provided, however, that no 266 property within any Accident Potential Zone or Noise Zone of 65-70 dB DNL or greater 267 or any property in the R-10 through R-40 Residential Districts shall be included within 268 the District. 269 270 271 272 6 273 COMMENT 274 275 The section limits areas in which the Workforce Housing Overlay District may be created to 276 those areas in which increased density is consistent with the Comprehensive Plan. Such areas 277 include, but are not limited to, Strategic Growth Areas. The section also prohibits the Overlay in 278 AICUZ Noise Zones of 65-70 dB DNL or higher and in the R-10 through R-40 Residential Districts. 279 280 Sec. 2004. Allowed uses. 281 282 (a) All development within the Workforce Housing Overlay District, including, 283 but not limited to, uses, site layout, building design, open space, parking and other 284 improvements shall conform to the land use plan approved by the City Council in 285 accordance with the provisions of this Article. The approved land use plan shall 286 supersede any conflicting provisions of the underlying zoning district, but shall conform 287 to all requirements of the Subdivision Ordinance except those for which a variance has 288 been granted. 289 290 (b) Within the Workforce Housing Overlay District, uses shall be allowed in 291 accordance with the use regulations of the underlying zoning district; provided, 292 however, that where the underlying zoning district is residential, single-family, duplex, 293 semi-detached, attached and multiple-family dwellings shall be allowed notwithstanding 294 any contrary provision of the regulations of the underlying zoning oning district. 295 296 COMMENT 297 298 Subsection (a) provides that development within the Workforce Housing Overlay District 299 must conform to the land use plan approved by the City Council. Land use plans supersede the 300 zoning regulations of the underlying zoning district, thereby allowing for greater flexibility in 301 designing developments containing workforce housing(within the limits of City Council approval). 302 303 Subsection (b) limits the uses allowed in the Workforce Housing Overlay District to those 304 uses allowed in the underlying zoning district,with the exception that all forms of dwelling units are 305 allowed where t un er ying zo Tffis residential. 306 307 Sec. 2005. Applications; Workforce Housing Overlay District land use plan. 308 309 (a) In addition to any other information generally required for rezoning 310 applications, applications for the Workforce Housing Overlay District shall contain the 311 following information: 312 313 (1) A survey of existinq site conditions, including trees, contours, 314 floodway, flood fringe, waters, wetlands and other natural features; 315 316 (2) A narrative statement of planning objectives for the proposed 317 development; 318 7 319 3 A construction schedule, including a schedule of construction of 320 workforce housing units; 321 322 (4) A detailed land use plan, which shall, at a minimum, consist of: 323 324 A. Architectural elevations for proposed structures, including 325 building materials and colors; 326 327 B. A general landscape plan and tree preservation plan; 328 329 C. A detailed description of the differences in size, interior 330 layout and construction materials between workforce 331 housing units and other dwelling units of the same type; 332 333 D. An Affordability Level Statement; 334 335 E. The total area to be included in the Workforce Housing 336 Overlay District as part of the application; 337 338 F. The location of residential uses and total number and type of 339 proposed dwelling units, including the location, number and 340 type of workforce housing units; 341 342 G. Types of nonresidential uses proposed, if any, including the 343 area and gross floor area proposed for such nonresidential 344 development; 345 346 H. Gross floor area of all structures; 347 348 I. Location of all buildings, streets, alleys and pedestrian 349 walkways; 350 351 J. Regulations governing height, setbacks, floor area ratio, lot 352 coverage, impervious surface, accessory structures (sheds, 353 swimming pools, etc,), signs and fences; 354 355 K. Number and location of parking spaces, including parking 356 structures; 357 358 L. Proposed improvements to adjacent public streets; 359 360 M. Open space and recreation areas, including areas inside 361 buildings; 362 8 363 N. Green development features, such as porous paving or 364 pavers, native plant landscaping, reduced street lengths, 365 reduced pavement width, bio-retention islands, shared 366 parking, vegetated swales in lieu of curb and gutter or other 367 features of development intended to enhance environmental 368 quality. 369 370 (b) No substantial modifications of the approved land use plan shall be 371 allowed except pursuant to an amendment to such plan approved by the City Council in 372 accordance with the procedures set forth in Section 107 of this ordinance. For 373 purposes of this section a "substantial modification" shall include any changes to the 374 approved land use plan that, in the judgment of the Planning Director, are not clearly in 375 keeping with the intent of the City Council in approving the plan. The term shall also 376 include any modifications of the number, location, design or affordability level of 377 workforce housing units. 378 379 COMMENT 380 381 Subsection (a) sets forth the application requirements for the Workforce Housing Overlay 382 District. Those requirements include a number of items that are unique to workforce housing 383 applications, including a construction schedule for workforce housing units, architectural 384 elevations, a statement of the number of units at specified levels of affordability, and a description 385 of green development features. 386 387 Subsection (b) specifies the procedure for modification of an approved land use plan for a 388 Workforce Housing Overlay District. 389 390 391 Sec. 2006. Bonus density; workforce housing unit requirements. 392 393 (a) The dwelling unit density in the Workforce Housing Overlay District may 394 be increased by a maximum of thirty (30) per cent over the density allowed in the 395 underlying zoning district if all of the following conditions are met: 396 397 (b) Not less than seventeen per cent (17%) of the total number of dwellinq 398 units are workforce housing units. In the event the maximum allowable density is not 399 increased by thirty (30) per cent, the percentage of workforce housing units required 400 shall maintain the same ratio of thirty (30) per cent to seventeen (17) per cent; 401 402 (c) Workforce housing units shall be integrated into the development to the 403 same extent as other dwelling units and shall not be clustered in discrete locations 404 separate from other dwelling units; 405 406 (d) The construction of workforce housing units shall reasonably coincide with 407 that of other units. 408 9 409 (e) Workforce housing shall conform to the Workforce Housing Design 410 Criteria and any other applicable design standards in the Comprehensive Plan, 411 including, but not limited to, the following standards: 412 413 _(1) The exterior of workforce housing units shall have the same 414 building materials and finish and be effectively indistinguishable 415 from, non-workforce housing units of the same housing type; 416 417 (2) Workforce housing units shall be comparable in bedroom mix, 418 design, and overall quality of construction to the market rate units in 419 the development, except that workforce housinq units shall not be 420 required to exceed three (3) bedrooms per unit; and 421 422 3 The square footage and interior features of workforce housing units 423 shall not be required to be the same as other dwelling units in the 424 development units, so long as they are reasonably similar in size 425 and quality and are consistent with the current building standards 426 for new housing in the City of Virginia Beach. 427 428 COMMENT 429 430 The section sets forth the bonus density provisions and the requirements for a development 431 to qualify for the bonus density. It also sets forth requirements pertaining to the quality and design 432 of workforce housing units and their integration into a development. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2007. CA-10396 V:\applications\citylawprod\cycom32\Wpdocs\DO21\P002\00033802.DOC R-3 June 12, 2007 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney's Office 10 ARTICLE 21, -WORKFORCE HOUSING C2.O Sec. 2100. - Purpose and intent. The purpose and intent of this article is to encourage the development of high-quality housing that is affordable by households with annual incomes falling within a prescribed range for prospective purchasers and prospective renters of workforce housing, respectively, set forth in the Workforce Housing provisions of chapter 16 of the City Code and who live or work in Virginia Beach. Because such households generally, although not uniformly, consist of one (1) or two (2)working members, such housing is termed "workforce housing." In order to accomplish that goal, this article establishes incentives for the construction of workforce housing in areas of the city, including Strategic Growth Areas, in which the Comprehensive Plan recognizes increased density to be appropriate. Equally importantly, this article also ensures that workforce housing will be well-designed, of high quality, and well-integrated into the overall development of which it is a component. (Ord. No. 2997, 8-28-07; Ord. No. 3214, 1-24-12) Sec. 2101. - Findings. The city council hereby finds that: (a) Housing prices have risen much faster than incomes during the past few years, thereby eliminating, for many people, the option of purchasing a home, and for others, the option of renting without causing an undue financial burden; (b) The most effective approach to preserving the quality of the city's housing and neighborhoods is to maintain and improve upon their diversity. This diversity includes the type, value and design of housing and neighborhoods, which in turn, helps the city meet its goals for a quality physical environment, family and youth opportunities and economic vitality. In addition, people from a variety of cultures, backgrounds, ages, races and capabilities will have greater opportunities to find and retain safe, decent and affordable housing; (c) The planning and creation of mixed-income and mixed-use developments will advance the city's goal of providing diverse, high-quality and affordable housing in desirable neighborhoods. Allowing a greater mix of incomes within neighborhoods increases the affordability of housing and reduces the isolation of income groups. Further, mixed-use developments are beneficial in the long run because they broaden housing opportunities, increase residents' access to nearby employment and provide a better land use arrangement to accommodate alternative, cost-effective transportation systems. (d) Without an adequate supply of workforce housing, employees of local businesses would be forced to live in places that are distant from the workplace, thereby causing financial and social stress upon the families of such employees. In addition, an inadequate supply of workforce housing would discourage prospective businesses from locating in Virginia Beach; and (e) Workforce housing is not housing of inferior quality or design, nor will it adversely affect the value of homes in the vicinity. As required by the provisions of this article, the exterior of workforce housing units will be essentially indistinguishable from non-workforce housing units of the same housing type, and the overall quality of construction of the interior of workforce housing units will be comparable to that of non-workforce housing units. Workforce housing units within mixed-use developments, will be subject to applicable design standards set forth in the Comprehensive Plan. In addition, workforce housing units will be integrated into the residential component of a mixed-use development, rather than being located in discrete areas within that component. (Ord. No. 2997, 8-28-07) Sec. 2102. - Definitions. As used in this article, the following terms shall be defined as follows: (a) Affordable. Housing is considered affordable if no more than approximately thirty(30) percent of the gross household income of the purchaser or renter is spent on direct housing costs, as set forth in article VIII of chapter 16 of the City Code. For buyers, such costs include mortgage principal, interest, taxes, homeowner's insurance, mandatory homeowners' association dues and condominium fees, but do not include utilities or other related housing costs. For renters, such costs include rent payments and an allowance for tenant-paid utilities other than cable television and telephone service, but do not include other related housing costs. (b) Affordability level statement. A statement of the number of workforce housing units that are affordable to eligible buyers at or to eligible renters at designated percentages of Area Median Income. (c) Area median income(AMi). The Area Median Income for the Virginia Beach-Norfolk-Newport News, Virginia Metropolitan Statistical Area (MSA) published annually by the U.S. Department of Housing and Urban Development (HUD) and adjusted for household size. (d) Bonus density. An increase in the maximum allowable dwelling unit density on a property attributable to the provision of workforce housing on that property. (e) Eligible buyer. A person whose workforce housing application has been approved and who meets the home ownership requirements of the workforce housing program. These requirements center on gross annual income, financial assets, and location where the prospective buyer works and lives. (f) Eligible renter.A person whose workforce housing application has been approved and who meets the rental requirements of the workforce housing program. These requirements center on gross annual income, financial assets, and location where the prospective renter works and lives. (g) Strategicgrowth area(SGA).Areas of the city that are designated in the Comprehensive Plan to absorb most of city's future growth, both residential and non-residential.These areas, which are planned for more intensive uses than most other areas of the city, are characterized by the integration, not separation, of diverse but compatible uses including, where appropriate, residential uses. (h) Workforce housing(WFH). Housing that is generally affordable to households with working members who live or work in the City of Virginia Beach. For home ownership, it is housing that is priced to be affordable to households with annual incomes within a range prescribed in section 16-46 of the City Code. For rentals, it is housing that is priced to be affordable to households with annual incomes within a range prescribed in section 16-51 of the City Code. (i) Workforce housing discount. The difference in sales price between a market rate unit and an equivalent workforce housing unit. This amount is calculated to be the reduction in sales price necessary to make a workforce housing unit affordable to a household at a targeted income level. Q) Workforce housing unit(WFH unit). A dwelling unit that is reserved for sale or rent by an eligible buyer or eligible renter, as the case may be, at a price incorporating the workforce housing discount. Workforce housing units are constructed as a result of the bonus density provisions that allow the construction of a greater number of dwelling units on a specific parcel of land than is otherwise allowed in exchange for the provision of workforce housing on the parcel. (Ord. No. 2997, 8-28-07; Ord. No. 3054, 10-28-08; Ord. No. 3214, 1-24-12) Sec. 2103. -Areas of applicability. The Workforce Housing Overlay District shall be limited to property in areas of the city in which increased density of residential development is consistent with the Comprehensive Plan, including strategic growth areas; provided, however, that no property within any accident potential zone or noise zone of 65-70 dB DNL or greater or any property in the R-10 through R-40 Residential Districts shall be included within the district. (Ord. No. 2997, 8-28-07) Sec. 2104. -Allowed uses. (a) All development within the Workforce Housing Overlay District, including, but not limited to, uses, site layout, building design, open space, parking and other improvements shall conform to the land use plan approved by the city council in accordance with the provisions of this article. The approved land use plan shall supersede any conflicting provisions of the underlying zoning district, but shall conform to all requirements of the Subdivision Ordinance except those for which a variance has been granted. (b) Within the Workforce Housing Overlay District, uses shall be allowed in accordance with the use regulations of the underlying zoning district; provided, however, that where the underlying zoning district is residential, single-family, duplex, semi-detached, attached and multiple-family dwellings shall be allowed notwithstanding any contrary provision of the regulations of the underlying zoning district. (Ord. No. 2997, 8-28-07) Sec. 2105. -Applications; workforce housing overlay district land use plan. (a) In addition to any other information generally required for rezoning applications, applications for the Workforce Housing Overlay District shall contain the following information: (1) A survey of existing site conditions, including trees, contours, floodway, Special Flood Hazard Areas, waters, wetlands and other natural features; (2) A narrative statement of planning objectives for the proposed development; (3) A construction schedule, including a schedule of construction of workforce housing units; (4) A detailed land use plan, which shall, at a minimum, consist of: a. Architectural elevations for proposed structures, including building materials and colors; b. A general landscape plan and tree preservation plan; c. A detailed description of the differences in size, interior layout and construction materials between workforce housing units and other dwelling units of the same type; d. An affordability level statement; e. The total area to be included in the Workforce Housing Overlay District as part of the application; f. The location of residential uses and total number and type of proposed dwelling units, including the location, number and type of workforce housing units; g. Types of nonresidential uses proposed, if any, including the area and gross floor area proposed for such nonresidential development; h. Gross floor area of all structures; i. Location of all buildings, streets, alleys and pedestrian walkways; j. Regulations governing height, setbacks, floor area ratio, lot coverage, impervious surface, accessory structures (sheds, swimming pools, etc,), signs and fences; k. Number and location of parking spaces, including parking structures; I. Proposed improvements to adjacent public streets; m. Open space and recreation areas, including areas inside buildings; n. Green development features, such as porous paving or pavers, native plant landscaping, reduced street lengths, reduced pavement width, bio-retention islands, shared parking, vegetated swales in lieu of curb and gutter or other features of development intended to enhance environmental quality. (b) No substantial modifications of the approved land use plan shall be allowed except pursuant to an amendment to such plan approved by the city council in accordance with the procedures set forth in section 107 of this ordinance. For purposes of this section a "substantial modification" shall include any changes to the approved land use plan that, in the judgment of the planning director, are not clearly in keeping with the intent of the city council in approving the plan. The term shall also include any modifications of the number, location, design or affordability level of workforce housing units. (Ord. No. 2997, 8-28-07; Ord. No. 3310, 11-26-13) Sec. 2106. - Bonus density; workforce housing unit requirements. The dwelling unit density in the Workforce Housing Overlay District may be increased by a maximum of thirty(30) percent over the density allowed in the underlying zoning district if all of the following conditions are met: (a) Not less than seventeen (17) percent of the total number of dwelling units are workforce housing units. In the event the maximum allowable density is not increased by thirty(30) percent, the percentage of workforce housing units required shall maintain the same ratio of thirty(30) percent to seventeen (17) percent; (b) Workforce housing units shall be integrated into the development to the same extent as other dwelling units and shall not be clustered in discrete locations separate from other dwelling units; (c) The construction of workforce housing units shall reasonably coincide with that of other units; (d) Workforce housing shall conform to the Workforce Housing Design Criteria and any other applicable design standards in the Comprehensive Plan, including, but not limited to, the following standards: (1) The exterior of workforce housing units shall have the same building materials and finish, and be effectively indistinguishable from, non-workforce housing units of the same housing type; (2) Workforce housing units shall be comparable in bedroom mix, design, and overall quality of construction to the market rate units in the development, except that workforce housing units shall not be required to exceed three (3) bedrooms per unit; and (3) The square footage and interior features of workforce housing units shall not be required to be the same as other dwelling units in the development units, so long as they are reasonably similar in size and quality and are consistent with the current building standards for new housing in the City of Virginia Beach. (Ord. No. 2997, 8-28-07) ARTICLE VIII. - WORKFORCE HOUSING DIVISION 1. - GENERAL PROVISIONS Sec. 16-42. -Applicability. The provisions of this article shall apply only to the sale or rental of workforce housing approved by the city council pursuant to the provisions of article 21 of the city zoning ordinance. (Ord. No. 2998, 8-28-07) Sec. 16-43. - Purpose and intent. (a) The purpose of this article is to provide eligibility requirements, pricing standards and program procedures concerning initial sales, subsequent transfers and rentals of workforce housing units developed pursuant to the provisions of article 21 of the city zoning ordinance as part of the city's workforce housing program. It is the intention of the city council to establish such standards and procedures as a means of achieving the city's vision for housing and neighborhoods, as stated in Chapter 8 of the Comprehensive Plan - "Housing and Neighborhood Plan." (b) The creation of developments containing workforce housing as an integrated component thereof will advance the city's goal of providing diverse, high-quality and affordable housing in desirable neighborhoods. Allowing a greater mix of incomes within neighborhoods increases the affordability of housing and reduces the isolation of income groups. Further, mixed-income developments are beneficial in the long run because they broaden housing opportunities, increase residents' access to nearby employment and provide a better land use arrangement to accommodate alternative, cost-effective transportation systems. (Ord. No. 2998, 8-28-07; Ord. No. 3171, 5-10-11) Sec. 16-44. - Definitions; explanatory material. As used in this article, the following terms shall have the meanings set forth in this section. Where explanatory material is provided, such terms shall be construed in a manner consistent with such material: Affordable. Housing is generally considered affordable if no more than approximately thirty(30) percent of the annual gross income of the purchaser or renter is spent on direct housing costs. For purchasers, such costs include mortgage principal, interest, taxes and homeowner's insurance, mortgage insurance premiums, mandatory homeowners' association dues and condominium fees, but do not include utilities or other related housing costs. With respect to rentals, such costs include rent payments and an allowance for ' tenant-paid utilities other than cable television and telephone service but do not include other related housing costs. Annualgross income. Income from whatever source derived and before taxes and withholdings. Included in the calculation of gross income are base salary, overtime, part-time employment, bonuses, commissions, dividends, interest, royalties, pensions, military housing allowance, Veterans Administration compensation, alimony, child support, public assistance, sick pay, social security benefits, unemployment compensation, income from trusts, and other income from business activities or investments. Appreciation. The workforce housing program uses a shared appreciation model to recapture the workforce housing discount, plus a fixed percentage of a unit's appreciation in value. Area median income(AMI). The Area Median Income for the Virginia Beach-Norfolk-Newport News, Virginia Metropolitan Statistical Area (MSA) published annually by the U.S. Department of Housing and Urban Development(HUD) and adjusted for household size. Pricing of workforce housing units and end- user qualifications are partially based on this published data. The initial sales price of workforce housing units is based on the ratio of housing payments relative to the AMI. Additionally, the end user's income qualifications are based on the AMI, adjusted for household size. City. The City of Virginia Beach or such other entity as the city council may designate as its agent in discharging the duties and performing the acts prescribed or contemplated by this article. Developer. The developer of workforce housing who sells a workforce housing unit pursuant to the provisions of this article. The term includes other persons or entities, such as homebuilders, who purchase workforce housing units for the purpose of selling such units pursuant to the provisions of this article, but does not include any person who resells a workforce housing unit pursuant to section 16-49. Director. The director of the department of housing and neighborhood preservation or his designee. Discounted sales price. The consideration paid to the developer for a workforce housing unit; provided, however, that in the case of a resale, the discounted sales price is the difference between the initial sales price and the amount of funds provided by the city, as evidenced by a promissory note, to help buy down the eligible buyer's first mortgage. Eligible buyer. A household whose workforce housing application has been approved and who meets the requirements of section 16-46. Such requirements include, among other things, the household's gross annual income, financial assets, and location in which an adult, non-dependent household member lives and works. In order to qualify to purchase a workforce housing unit, a household's annual gross income must generally be between eighty(80) percent and one hundred twenty(120) percent of AMI. Eligible renter. A household whose workforce housing application has been approved and who meets the requirements of section 16-51. Such requirements include, among other things, the household's gross annual income, financial assets, and location in which an adult, non-dependent household member lives and works. In order to qualify to rent a workforce housing unit, a household's annual gross income must generally be between forty(40) percent and ninety(90) percent of AMI or, where the building contains an elevator, between forty(40) percent and one hundred (100) percent of AMI. End user. An eligible buyer or eligible renter that is, or will be, occupying a workforce housing unit as its principal residence. Equity sharing agreement. An agreement between the city and eligible buyer in which the eligible buyer agrees to share the net appreciation with the city upon the resale of the workforce housing unit Gross appreciation. The difference between the resale price of a workforce housing unit received by an eligible buyer upon resale of the unit to a third party and the initial sales price that the eligible buyer paid for the unit. Household. One or more persons living in, or intending to live in, the same workforce housing unit. Initial sale. The original sale of a workforce housing unit to an eligible buyer. Initial sales price. The consideration paid for the workforce housing unit by the eligible buyer. Net appreciation. The amount of the resale price of a workforce housing unit, less the total amount of: (i) the original principal amount of the first mortgage loan on the unit, (ii) the principal amount of the workforce housing deed of trust note and of any VHDA-held second deed of trust note if VHDA also holds the first deed of trust on the unit, (iii) closing costs actually paid by the eligible buyer in connection with the purchase of the unit, (iv) the eligible buyer's down payment, (v)the appraised value of any capital improvements approved by the director of housing and neighborhood preservation or, where the first deed of trust is insured by the FHA, the cost of such capital improvements, and (vi)the reasonable and customary sales commission paid by the eligible buyer. Resale price. The sales price of the workforce housing unit that the eligible buyer receives upon the sale of the workforce housing unit to a third party. Shared net appreciation. The amount of the net appreciation owed to the city by the purchaser of a workforce housing unit, which shall be equal to the proportional share represented by the city's investment in the original purchase of the unit as evidenced by the equity sharing agreement. For example, if the amount of the workforce housing deed of trust note equals twenty-five (25) percent of the initial sales price of the unit, the amount of shared net appreciation owed to the city will be twenty-five (25) percent of the net appreciation of the unit. Subject to the provisions set forth in subsections (e) and (f) of Section 16-49 regarding first deeds of trust insured by the Federal Housing administration (FHA), the amount of the shared net appreciation and principal amount of the workforce housing deed of trust note is repaid to the city upon resale of the unit. Workforce housing or workforce housing unit. Dwellings or dwelling units, whether single-family dwellings, duplexes, semi-detached dwellings, townhouses or multiple-family dwelling units, approved by the city council pursuant to article 21 of the city zoning ordinance. Such housing is generally affordable to households with working members who live or work in the City of Virginia Beach. Workforce housing application. An application submitted to the city that provides the necessary information to determine if a household qualifies for the workforce housing program. Participation in the program is contingent upon approval of this application. Workforce housing deed of trust. A deed of trust securing the repayment of the loan made by the city to an eligible buyer, representing the workforce housing discount, plus the shared net appreciation of the unit. Workforce housing discount. The difference in sales price between the fair market value of a workforce housing unit and the reduced sales price necessary to make such unit affordable to a household at a targeted income level. Workforce housing revolving fund.A fund administered by the department of housing and neighborhood preservation for the recapture of workforce housing discounts, fees and shared net appreciation from the sale of workforce housing units. Funds are reinvested in the workforce housing program for the purpose of preserving or creating affordable housing. (Ord. No. 2998, 8-28-07; Ord. No. 3055, 10-28-08; Ord. No. 3213, 1-24-12; Ord. No. 3261, 10-23-12) DIVISION 2. -SALE AND OWNERSHIP OF WORKFORCE HOUSING Sec. 16-45. - Initial sales of workforce housing units. (a) The city shall have the right to purchase workforce housing units offered for initial sale as follows: (1) The city shall have an exclusive right to purchase any workforce housing unit, not to exceed a total of one-third M) of the workforce housing units for sale within a development, by so notifying the developer of the unit within thirty(30) days from the date on which the city is notified that the workforce housing unit is available for initial sale. If the city does not timely exercise its right to purchase the unit, it may be sold to an eligible buyer. (2) Any workforce housing unit the city has not elected to purchase shall be offered for sale exclusively to eligible buyers for a period of sixty(60) days from the date on which the city's right to purchase the unit expires or from the date the city issues the certificate of occupancy; whichever is later. Upon the expiration of such time, any such unit not sold to the city or to an eligible buyer may be offered for sale without restriction, provided, that when such a unit is sold, the developer shall pay to the city the lesser of the difference between either the actual sales price or the sales price of comparable sold workforce housing units in the same development, and the price as reduced by the amount of the workforce housing discount, less any additional sales commission actually paid by the developer up to a maximum of two (2) percent of the sales price and any closing cost assistance actually paid on behalf of the buyer up to a maximum of three (3) percent of the purchase price. (b) The procedure for initial sales of workforce housing units to be purchased by an eligible buyer shall be as follows: (1) A developer who has reached an agreement with an eligible buyer to sell a specific workforce housing unit to such eligible buyer as an initial sale shall notify the city that the developer and eligible buyer have reached an agreement regarding the purchase of the unit. The city shall, either before or after it receives such notification, verify the eligible buyer's continued eligibility under section 16-46. (2) In the event the eligible buyer continues to meet such requirements, the developer and city shall enter into an agreement pursuant to which the developer agrees to sell the unit to the eligible buyer at a price incorporating the workforce housing discount(the "discounted sales price"). The developer shall not be entitled to receive any portion of the monies representing the workforce housing discount. (3) The city and eligible buyer shall also enter into an agreement pursuant to which the city will finance, by means of a workforce housing deed of trust, the difference in value between the fair market value of the workforce housing unit and the discounted sales price. Such agreement shall further provide, among other things, that that the city shall have the right to repurchase the unit upon resale, or to assign such right to an eligible buyer, in accordance with the provisions of section 16-49. (4) The workforce housing deed of trust shall: (i) subject to the provisions set forth in subsections (e) and (fl of Section 16-49 regarding first deeds of trust insured by the Federal Housing administration (FHA), secure repayment to the city of the workforce housing discount, plus the shared net appreciation; (ii) carry a zero percent interest rate; (iii) be subordinate only to the lender's first deed of trust or, in the event the property is financed by means of first and second deeds of trust held by the Virginia Housing Development Authority(VHDA), to such deeds of trust; and iv) provide that the eligible buyer shall make no payments of principal on the indebtedness secured by the workforce housing deed of trust until the eligible buyer sells or otherwise divests his or her interest in the workforce housing unit. (Ord. No. 2998, 8-28-07; Ord. No. 3055, 10-28-08; Ord. No. 3213, 1-24-12; Ord. No. 3261, 10-23-12; Ord. No. 3316, 11-26-13) Sec. 1 6-46. - Eligibility requirements for buyers of workforce housing units. (a) In order to be deemed an eligible buyer of a workforce housing unit, a household shall meet the following criteria: (1) At least one adult, non-dependent member of the household to be shown on the deed of trust note as a borrower or other obligor shall, at the time of application to the workforce housing program, live or work full-time in the City of Virginia Beach, or must have a bona fide offer of full-time employment within the City of Virginia Beach commencing within three (3) months of the time of application; (2) No member of the household shall own or have a controlling interest in any other real property; (3) The household's combined annual gross income shall, at the time of application, be between eighty(80) percent and one hundred twenty(120) percent of area median income, adjusted for household size; and (4) The net worth of the household shall not exceed fifty(50) percent of the sales price of the workforce housing unit being financed. The following items shall not be included in determining the net worth of a household: a. The present value of insurance policies, retirement plans, furniture, automobiles or household goods; b. The portion of the household's liquid assets used for the down payment and to pay closing costs, up to a maximum of twenty-five (25) percent of the purchase price; and c. Any income-producing assets needed as a source of income to meet the minimum qualifying requirements for eligible buyer status. (b) A household shall, in addition to the foregoing requirement, qualify for a mortgage loan from a mortgage lender acceptable to the city. The city may deny eligible buyer status to any household if it determines that such mortgage loan contains deceptive, predatory or abusive terms. (c) Once determined to be an eligible buyer, a household must continue to meet the requirements of subsection (a)through the time of signing a sales contract. A household shall be required to certify its continued qualification as an eligible buyer at signing of a sales contract and at any prior time requested by the city. (d) Workforce housing units shall be made available by the city for purchase only by eligible buyers who have qualified for a mortgage loan in accordance with subsection (b). (Ord. No. 2998, 8-28-07; Ord. No. 3055, 10-28-08; Ord. No. 3316, 11-26-13) Sec. 16-46.1. - Occupancy requirements. (a) Workforce housing units shall be owned and occupied as the principal residence of the eligible buyer at all times. No interest in any workforce housing unit shall be leased, sold or otherwise transferred by the eligible buyer owning such unit, nor shall the owner of any workforce housing unit permanently vacate such unit, except in accordance with the provisions of this article. (b) The owner of a workforce housing unit, other than the city or developer, shall annually certify his or her compliance with the provisions of subsection (a) on a form provided by the department of housing and neighborhood preservation. (Ord. No. 3055, 10-28-08) Sec. 16-47. -Workforce housing pricing. (a) Workforce housing shall be priced so as to be affordable for purchase by a household with a gross annual income between eighty(80) percent and one hundred twenty(120) percent of area median income, adjusted for household size. Semi-annually, the housing advisory board shall establish maximum sales prices for workforce housing units based upon current area median income, prevailing mortgage interest rates in the area, real estate tax rates, homeowner's insurance rates, housing ratios, mortgage insurance premiums, condominium and homeowners' association fees and other costs and fees as dictated by the housing market, and the size of targeted households. In determining whether to grant approval pursuant to article 21 of the city zoning ordinance of a proposed development that includes workforce housing, the city council shall determine whether the proposed pricing of the workforce housing within such development meets the requirements of this section. (b) The department of housing and neighborhood preservation shall make available to prospective developers of workforce housing a spreadsheet planning tool to assist in determining if a specific development meets the requirements of this section. (Ord. No. 2998, 8-28-07; Ord. No. 3092, 6-23-09; Ord. No. 3213, 1-24-12; Ord. No. 3503, 5-16-17) Sec. 16-48. -Workforce housing discount. (a) All initial sales of workforce housing units shall be at a price that incorporates a workforce housing discount, as defined in section 16-44. The workforce housing discount shall be sufficient to bring the sales price of a workforce housing unit within a price range that is affordable to households with annual gross incomes between eighty(80) percent and one hundred twenty (120) percent of area median income, adjusted for household size The actual amount of the workforce housing discount applicable to a specific workforce housing unit shall be subject to the approval of the city council. (b) The baseline amount of the workforce housing discount shall be twenty-five (25) percent of the undiscounted sales price; provided, however, that if the undiscounted sales price of a workforce housing unit is affordable by a household with a gross annual income between eighty(80) percent and one hundred twenty(120) percent of area median income, adjusted for household size, the required workforce housing discount may be less than twenty-five (25) percent. The chart below illustrates the required discount applied to a WFH Unit given the affordability of an equivalent market rate unit: Affordability Range Required Workforce of Market Units (as a Housing Discount Percent of AMI) From ITO F0%,16 80% 1% 90% 5% 100% 10% 101% 110% 20% 111% 120% 25% (c) Notwithstanding the provisions of subsection (b), workforce housing units in excess of the minimum number required under Section 2106 of the City Zoning Ordinance may be discounted at a lesser rate than provided in subsection (b) so long as such units are sold at a price meeting the requirements of subsection (a). (Ord. No. 2998, 8-28-07; Ord. No. 3055, 10-28-08; Ord. No. 3163, 4-12-11) Sec. 16-49. - Resale of workforce housing units. (a) Prior to offering a workforce housing unit for resale, the owner shall notify the city of the owner's intent to sell the unit. The city shall notify the unit owner of its intention to purchase the unit within thirty(30) days from the date on which the owner's notice of intent to sell was received by the city. In the event the city determines to purchase the unit upon resale, it shall have the right to assign the contract to an eligible buyer. (b) The city shall tender to the unit owner an offer to purchase such unit at its fair market value. The fair market value shall be determined by appraisal. Such appraisals shall be performed by licensed Virginia real estate appraisers selected by the city as follows: The city and workforce housing unit owner shall attempt to agree upon an appraiser, who shall determine the fair market value of the workforce housing unit as of the date of the actual or anticipated sale. If the parties are unable to agree upon an appraiser within ten (10) days, the parties shall each have an appraisal made by an appraiser of its choice to establish the fair market value. If the two competing appraisals are within ten (10) percent of each other, the midpoint between the two shall be considered the fair market value. If the two appraisals are not within ten (10) percent of each other, the parties shall agree on a third appraiser, and such appraiser's valuation shall be controlling as to fair market value. If the parties cannot agree on a third appraiser, the city shall have the right to appoint a qualified appraiser and such appraisal shall be controlling as to fair market value. The parties shall share equally in the cost of joint appraisals and shall be solely responsible for the cost of any other appraisals. (c) In the event the city decides not to purchase or assign its right to purchase the unit, it shall so notify the owner in writing, who shall thereafter have the right to sell the unit to any other person or entity. In such event, the provisions of this section shall not thereafter apply to any subsequent resale of the unit. (d) In the event the city purchases or assigns its right to purchase a workforce housing unit from the owner of such unit, it shall make such unit available for sale to another eligible buyer for a period of at least ninety(90) days. The city shall notify the eligible buyers on its prescreened list of the availability of the unit. (e) In the event an eligible buyer enters into a contract to purchase the unit within the ninety-day period, the city shall determine whether such eligible buyer continues to so qualify. If such eligible buyer continues to meet the eligibility requirements of section 16-46, the owner of the unit shall enter into a contract with the city and, if applicable, the city's assignee, to purchase the unit at the fair market value thereof, as determined pursuant to subsection (b). The contract shall further provide that: (i)the amount of the workforce housing discount, plus the shared net appreciation of the unit, shall be repaid to the city upon resale of the unit, provided that where the first deed of trust on the property is insured by the FHA, the owner shall be permitted to recover, at a minimum, original purchase price, sales commission, cost of capital improvements, and any accrued negative amortization if the property was financed with a graduated payment mortgage, and (ii)that the city shall have the right to repurchase the unit, or to assign such right to an eligible buyer, in accordance with the provisions of this section. (f) At settlement, the principal amount of the outstanding workforce housing deed of trust note, plus the shared net appreciation of the unit, as defined in section 16-44, shall be repaid to the city from the proceeds of the resale of the unit, provided that where the first deed of trust on the property is insured by the FHA, the owner shall be permitted to recover, at a minimum, original purchase price, sales commission, cost of capital improvements, and any accrued negative amortization if the property was financed with a graduated payment mortgage. All such monies shall be deposited into the workforce housing revolving fund. (g) Subject to the availability of funding, the city shall finance a portion of the purchase price equal to the amount of the new workforce housing discount by means of a note secured by a workforce housing deed of trust. (Ord. No. 2998, 8-28-07; Ord. No. 3055, 10-28-08; Ord. No. 3213, 1-24-12; Ord. No. 3261, 10-23-12) Sec. 16-49.1. - Same—Exceptions. Notwithstanding the provisions of section 16-49, the following transfers of workforce housing units shall be allowed: (a) A transfer of a workforce housing unit to the survivingjoint tenant by devise, descent or operation of the law, on the death of a joint tenant; (b) A transfer of a workforce housing unit where the spouse becomes an owner of the workforce housing unit and the transferee is a person who occupies or will occupy the workforce housing unit; (c) A transfer of a workforce housing unit resulting from a decree of dissolution of marriage, legal separation or from an incidental workforce housing unit settlement agreement by which the spouse becomes an owner of the workforce housing unit and the transferee is a person who occupies or will occupy the workforce housing unit; and (d) A transfer to an inter vivos trust in which the owner is and remains the beneficiary of the trust and the occupant of the workforce housing unit. (Ord. No. 3055, 10-28-08) Sec. 16-50. - Restrictions on refinancing, etc. of workforce housing units. (a) No owner of a workforce housing unit shall: (1) Refinance such unit or encumber the unit with any other mortgage loan, home equity loan or similar instrument without the prior written approval of the director. Such approval shall be requested no later than thirty(30) days prior to the date of settlement of the proposed refinancing or loan. The owner or prospective lender shall provide any information required by the director, including, but not limited to, an appraisal of the unit performed by a licensed Virginia real estate appraiser and based on the sales prices of comparable properties that have recently sold. Such appraisal shall be subject to the approval of the director. In addition, the owner or prospective lender shall be charged a reasonable transaction fee to cover the administrative expenses associated with processing the request; (2) Make any payments of principal on the second mortgage loan secured by the workforce housing deed of trust until the unit is resold by the owner; or (3) Refinance such unit with a loan having a total loan-to-value ratio greater than the owner's proportional share of the initial purchase price. The loan-to-value ratio is the ratio of the principal amount of the refinancing loan to the fair market value of the unit. (b) The workforce housing deed of trust shall not be subordinated to any other mortgage or encumbrance, except a valid purchase money first deed of trust recorded against the property. (Ord. No. 2998, 8-28-07; Ord. No. 3055, 10-28-08) DIVISION 3. - RENTAL OF WORKFORCE HOUSING Sec. 16-51. - Eligibility requirements for renters of workforce housing units; verification. (a) In order to be deemed an eligible to rent a workforce housing unit, a household shall meet the following criteria: (1) At least one adult, non-dependent member of the household occupying the unit shall, at the time of application to the workforce housing program, live or work full-time in the City of Virginia Beach, or must have a bona fide offer of full-time employment within the City of Virginia Beach commencing within three (3) months of the time of application; (2) No member of the household shall own or have a controlling interest in any other real property; (3) The household's gross annual income shall, at the time of application, be between forty(40) percent and ninety(90) percent of area median income, or, where the building contains an elevator, between forty(40) percent and one hundred (100) percent of Area Median Income, adjusted for household size; and (4) The net worth of the household shall not exceed fifty(50) percent of the total of rent payments for a period of twelve (12) months. The following items shall not be included in determining the net worth of a household: a. The present value of insurance policies, retirement plans, furniture or household goods; and b. Any income-producing assets needed as a source of income to meet the minimum qualifying requirements for eligible renter status. (b) Before a household may enter into a rental agreement for a workforce housing unit, the property owner or manager of the unit shall verify that such household meets the foregoing eligibility requirements. All property owners or managers of workforce housing units for rent shall maintain a list of households it has screened and determined to be eligible renters. (c) Property owners or managers shall also maintain documentation on each household currently occupying a workforce housing unit for rent. At a minimum, such documentation shall include: (1) Verification of residency or work requirements for eligibility purposes; (2) Composition of the household; and (3) Annual gross income for the household and each of the household members whose income is included in determining eligibility. (d) Property owners or managers shall ensure that all persons living in a workforce housing rental unit are listed on the rental agreement. It shall be a condition of the rental agreement for any such unit that the city may inspect the records of the property owner or manager to ensure compliance with eligibility requirements and may, at reasonable times, enter any workforce housing rental unit to verify that it is occupied by an eligible renter. (e) Property owners or managers shall, upon renewal of a rental agreement, but no less often than annually, verify that the occupants of a workforce housing unit for rent continue to meet applicable eligibility standards. (f) If a property owner or manager determines that a household occupying a workforce housing unit for rent no longer meets applicable eligibility requirements, such property owner or manager shall: (1) Require the household to vacate the unit upon the expiration of the current rental agreement; or (2) Allow the household to continue to occupy the unit upon expiration of the current rental agreement at the market-based rental price and make the next comparable market-based rental unit available to an eligible renter at a rental price deemed affordable under the standards prescribed in this article. The household shall be removed from the list of eligible renters and shall not thereafter be eligible to rent a workforce housing unit for such period of time as applicable the household meets applicable eligibility requirements. (Ord. No. 2998, 8-28-07; Ord. No. 3213, 1-24-12) Sec. 16-52. - Rental property compliance agreement. (a) A property owner desiring to rent property under the workforce housing program shall enter into a compliance agreement with the city. The terms of such agreement shall be prescribed by the city and shall set forth the terms and conditions of the owner's participation in the workforce housing program, including, but not limited to, occupancy and rent requirements, including maximum rents, means of preserving the long-term affordability of workforce housing rental units, and such other terms and conditions as are, in the judgment of the director, reasonable and necessary to ensure compliance with applicable provisions of this article and the goals of the workforce housing program. All workforce housing rental units shall be rented in conformity with the income and rent limitations specified in the compliance agreement for a period of not less than fifty(50)years. (b) Property owners or managers shall, upon request of the director, provide a copy of their most current tenant selection policy or criteria. (c) Any material failure to comply with the terms of an compliance agreement shall subject the owner to a liquidated damages penalty in the amount of fifty dollars ($50.00) per unit for each day such noncompliance continues, unless the director waives such penalty, in whole or in part, based upon his determination that the owner has taken timely corrective action to cure such noncompliance. Liquidated damages collected by the city shall be deposited into the workforce housing revolving fund. (Ord. No. 2998, 8-28-07; Ord. No. 3055, 10-28-08) Sec. 16-53. - Rental procedures. (a) Workforce housing units shall be rented only to households who meet the eligibility standards set forth in section 16-51. (b) A developer building workforce housing units for rental purposes shall notify the director no later than forty-five(45) days prior to the units being ready for initial occupancy. In the notification the developer shall supply the following information: (1) The name of the development and its location; (2) Number of units by type of unit; (3) The size of units in square feet; (4) The number of bedrooms and bathrooms in each unit; (5) The market rental rates of each unit: (6) The actual rates at which such units will be rented as workforce housing units; and (7) Contact information for interested households. In addition, the owner or manager of a workforce housing rental unit shall notify the director within three (3)working days of such unit becoming available for rent. The city shall maintain on its web site a comprehensive listing of all properties with available workforce housing units for rent. (c) Any household desiring to rent a workforce housing rental unit shall submit to the property manager or manager an application for determination of its eligibility to rent a workforce housing unit. Such application shall contain such information concerning the residency, employment, gross income and net worth for each member of the household as may be necessary to determine the eligibility of such household. The property owner or his designee shall determine the eligibility of the household and shall promptly notify the director of its determination. (d) A household that meets all of the eligibility requirements set forth in section 16-51 shall be deemed an eligible renter and shall be placed on a waiting list for a workforce housing rental unit at the development at which the household has made application for a rental unit. At such time as a workforce housing rental unit becomes available at the development, the property owner or manager shall so notify the eligible renters on its waiting list, if any. The property owner or manager may review all tenant applications and make tenant selections based on any lawful tenant selection policy. (e) The city shall make available to the general public information concerning the location of workforce housing rental units and such other information as may assist prospective renters in seeking available workforce housing rental units. (Ord. No. 2998, 8-28-07) DIVISION 4. -ADDITIONAL PROVISIONS Sec. 16-54. - Housing advisory board established; membership; duties. (a) Established. The housing advisory board is hereby established. (b) Term. There shall be at least ten (10) members of the board, who shall be appointed by the city council for terms of four(4)years; provided, however, that the initial terms of two (2) members shall be one (1)year, the initial terms of three (3) members shall be two (2)years, and the initial terms of three (3) members shall be three (3)years. (c) Membership. Two (2) members, both of whom shall have extensive experience in practice in the City of Virginia Beach, shall be either land planners or civil engineers or architects licensed by the Virginia Board for Architects, Professional Engineers, Land Surveyors, Certified Interior Designers and Landscape Architects; one (1) member shall be a real estate salesperson or broker licensed by the Virginia Real Estate Board; one (1) member shall be a representative of a lending institution that finances residential development in the City of Virginia Beach; one (1) member shall be a member of the city council; one (1) member shall be a builder with extensive experience in the construction of single-family detached and attached dwelling units; one (1) member shall be builder with extensive experience in the construction of multiple-family dwelling units; one (1) member shall be a current employee of the department of public works or department of planning; one (1) member shall be a representative of a nonprofit housing organization which provides services in the City of Virginia Beach; and the remaining members shall be citizens of the city. (d) Duties. It shall be the duty of the board to: (1) Establish the maximum sales and rental prices of workforce housing units. Such prices shall be based on the area median income, as defined in section 16-44, and shall be adjusted semi- annually; provided, however, that maximum rental prices in excess of those established by the board shall be allowed if such prices are consistent with the requirements of affordable housing funding sources and are approved by the director. (2) Advise the city council on all aspects of the city's workforce housing program, including recommendations for modifications of the requirements of the program; and (3) Report annually to the city council on the production of workforce housing units, participation in the workforce housing program, and achievement of program goals. (4) Advise the city manager and the city council regarding implementation of strategies to address issues of housing affordability and neighborhood preservation. (Ord. No. 2998, 8-28-07; Ord. No. 3002, 10-23-07; Ord. No. 3092, 6-23-09; Ord. No. 3213, 1-24-12; Ord. No. 3503, 5-16-17) Sec. 16-55. - Director to establish written rules and guidelines; legal instruments. (a) The director shall establish written rules and guidelines supplementing, and in conformity with, the provisions of this article. Such rules and guidelines shall provide for, among other things, allocation of responsibilities, sharing of information, coordination of activities and procedural protocols for administering the workforce housing program. Such rules and guidelines shall be subject to the approval of the city council. (b) All legal instruments used in connection with the purchase, sale or rental of a workforce housing unit shall contain adequate provisions to ensure the eligible buyer's or eligible renter's compliance with the applicable provisions of this article. Such provisions shall be approved by the city attorney. (Ord. No. 2998, 8-28-07; Ord. No. 3055, 10-28-08) Sec. 16-56. - Violations. (a) The following tables list certain violations of the Workforce Housing ("WFH") Program requirements and the penalties for their violation. Where more than one penalty is prescribed, they shall be deemed cumulative, such that any or all applicable penalties may be imposed: Table 1 (sale/ownership of workforce housing units): Program Violation Penalties Falsification of eligibility requirements Permanent ineligibility for the WFH Program. :Must sell WFH unit to the city. r1mmediate payment of the city's share of net ppreciation on the WFH unit at resale. Immediate repayment of the second mortgage. Failure to occupy WFH unit as primary Immediately reoccupy WFH unit. residence or to provide the certification Ilf unable to reoccupy unit, the following required by section 16-46.1(b) penalties apply: 1 . Permanent ineligibility for the WFH program. Owner must sell WFH unit to the city. Immediate payment of the city's share of net ppreciation on the WFH unit at resale. 4. Immediate repayment of the second mortgage. Failure to comply with all city regulations for jimmediate correction of code violation. property maintenance If unable to correct code violations in prescribed time period, the following penalties pply: 1. Permanent loss of eligibility for the WFH program. 2. Must sell WFH unit to the city. 3. Immediate payment of the city's share of net ppreciation on the WFH unit at resale. 4. Immediate repayment of second mortgage. Failure to comply with refinancing and home Permanent ineligibility for the WFH program. equity loan requirements of WFH program Owner must sell WFH unit to the city. Immediate payment of the city's share of net ppreciation on the WFH unit at resale. Immediate repayment of second mortgage. Failure to offer the city first right to purchase Immediate payment of the city's share of net when desiring to sell WFH unit ppreciation on the WFH unit at resale. Immediate repayment of second mortgage. Further legal action as deemed appropriate by he city. End-user enters into a lease-to-purchase Owner must sell WFH unit to the city. agreement for the WFH unit Immediate payment of the city's share of net ppreciation on the WFH unit at resale. Immediate repayment of second mortgage. Table 2 (rentals of workforce housing units): Program violation Penalties Falsification of eligibility requirements such as Permanent loss of eligibility for the WFH income, residency, employment or persons program. who will be occupying the unit, etc. Must move from the units within 60 days from ate of written notice of being in violation of program Must pay market rate rent on the unit until the nit is vacated Failure to occupy WFH unit as primary Immediately reoccupy WFH unit. residence If unable to reoccupy unit, the following penalties apply: 1 . Permanent loss of eligibility for the WFH program. 2. Must move from the unit within 60 days. 3. Required to pay market rate rent on unit after receiving notice of violation until unit is acated Failure to list all persons living in the household 1 . Permanent loss of eligibility for the WFH on lease; allowing person or persons not listed program. on lease to move in after lease is signed 2. Must move from the WFH unit. 3. Required to pay market rate rent until household is in compliance or moves from the unit. r Unauthorized persons must immediately ove from WFH unit. (b) In the event the director determines that there is reasonable cause to believe that a violation has occurred, he shall so notify the eligible buyer or eligible renter who has allegedly committed the violation. Such notice shall be by certified mail to the last know address of the eligible buyer or eligible renter and shall specify the nature of the alleged violation and the facts supporting the director's determination. The eligible buyer or renter shall have ten (10) days from the date of mailing of the notice in which to request a hearing before the city manager or his designee, who shall not be the director. (c) The city manager or his designee shall hold the hearing on the earliest practicable date but in no event later than fifteen (15) days from the date the request for a hearing is received. Both the director and the alleged violator shall be entitled to present witnesses and other evidence in his or her behalf. (d) The city manager or his designee shall issue a written decision within five (5) working days of the hearing, and shall mail such decision to the eligible buyer or eligible renter by certified mail no later then the following working day. Such decision shall contain a finding that the eligible buyer or eligible renter has committed the alleged violations, or any of them, or that no violations have b.een committed. In the event he finds that one or more of the alleged violations have been committed by the eligible buyer or eligible renter, the penalty or penalties prescribed in the chart in subsection (a) shall apply. (e) An adverse decision may be appealed to the circuit court by an eligible buyer or eligible renter within fifteen (15) days of the date of the decision. No such appeal shall stay the imposition of any penalty except by order of the circuit court in an appropriate case. (Ord. No. 2998, 8-28-07; Ord. No. 3055, 10-28-08) Sec. 16-57. -Application, etc. fees. The city shall charge a reasonable application fee and such other ordinary and customary fees in the real estate industry as are reasonable and necessary to cover the costs of the service for which the fee is charged. The amount of such fees shall be determined by the city council upon recommendation of the housing advisory board. (Ord. No. 2998, 8-28-07; Ord. No. 3503, 5-16-17) Sec. 16-58. - Severability. The provisions of this article are severable, and in the event one or more such provisions are determined invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this article shall be unaffected by such determination and shall continue in full force and effect. (Ord. No. 2998, 8-28-07) 36 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#74928 (Continued) Council Member Ross-Hammond provided the following comments: - Last Friday, Governor Youngkin came to speak at the Jones and Cabacoy Veterans Care Center ribbon cutting ceremony and expressed his appreciation to all veterans. Several veterans came as well as Mayor Dyer and Council Member Berlucchi. - On November 11`h the U.S.Marine Corps celebrated their 2481"birthday - The Hampton Roads Transit began the Route 20 Express which will run every 15 minutes. - The first Lego retail store opened in Town Center and is the only one in this region. - Many have heard of the stray kitten named, "Keagan Nando"after the two restaurants it was found by in Town Center. Rescuers worked for several days before being able to free the kitten from the drainage pipe. November 14, 2023 37 CITY COUNCIL DISCUSSIONANITIATIVES/COMMENTS ITEM#74929 (Continued) Council Member Wooten advised the Level Green Festival was held on October 28`h and expressed her appreciation to City staff for their support. Council Member Wooten advised there was tremendous community spirit with Police Officers playing basketball with children and artists who performed to show their talents, all captured by news station channel 13. November 14, 2023 38 CITY COUNCIL DISCUSSIONANITIATIVES/COMMENTS ITEM#74930 (Continued) Council Member Wooten advised last Thursday an affordable housing forum was held and City Council received a report with recommendations. Council Member Wooten advised she would like the Body to adopt the report to show forward progress is being made, and asked Council Members to let her know if anyone would like to be added as a sponsor. Vice Mayor Wilson expressed her appreciation to Council Members Wooten for commenting on the forum and to all of the Council Members who attended. Vice Mayor Wilson also expressed her appreciation to Council Member Henley for offering to provide the research she gathered for Workforce Housing. Vice Mayor Wilson advised she worked to create the Commission on Workforce Housing and the intent was that if an applicant received the price break for buying property, based on it including workforce housing, that it would transfer to the next buyer. November 14, 2023 39 CITY COUNCIL DISCUSSIONANITIATIVES/COMMENTS ITEM#74931 (Continued) Council Member Schulman advised there will be a District 9 citizens information meeting on November ]&from S:30—6:30 P.M., at Bayside Recreation Center, to provide updates on the Pleasure House Road Phase 1 and H project. Council Member Schulman advised the project is at a ten percent design stage and shows what the finished project will look like. November 14, 2023 40 CITY COUNCIL DISCUSSIONIINITLITIVES/COMMENTS ITEM#74932 (Continued) Council Member Schulman advised last night Nancy Bloom,Karen Gill and Micah Weihert stayed late with him to provide a tour of City Hall to Cub Scout Pack#36 and their parents, expressing his appreciation for the great job they did. November 14, 2023 41 CITY COUNCIL DISCUSSIONANITIATIVES/COMMENTS ITEM#74933 (Continued) Council Member Schulman advised he and Council Member Ross-Hammond will host a joint District 4 and 9 Town Hall on November 29`h from 6:30 — 8:00 P.M., at Renaissance High School. Council Member Schulman advised there are many similar issues between the two (2) districts and will have staff there to provide code enforcement, neighborhood preservation, homeless response and recycling issues and updates. Council Member Schulman encouraged anyone who has not completed the recycling survey to go to htt,us://publicinput.com/virainiabeach Council Member Schulman is hopeful to also have representatives from the Western Bayside initiative to share their efforts on improving the relationships between youth, law enforcement and residents in Western Bayside. November 14, 2023 42 CITY COUNCIL DISCUSSIONANITL4TIVES/COMMENTS ITEM#74934 (Continued) Mayor Dyer expressed his sorrow in the passing of former State Senator and Mayor Clancy Holland on November I1`h. Mayor Dyer advised Clancy was a pillar of the community in helping build the City during his time in office and is part of the City's legacy. Council Member Remick advised there will be a Celebration of Life Ceremony this Thursday at 1:00 P.M. at Bayside Presbyterian Church. November 14, 2023 43 AGENDA REVIEW SESSION ITEM#74935 3:25 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: L. ORDINANCESIRESOL UTIONS 1. Resolution to ADOPT the City's 2024 Legislative Agenda(Requested by the City Council) 2. Resolution to REQUEST the General Assembly Amend the City Charter Sections 3.01, 3.01:1, 3.02:1, 3.02:2, and 3.02:3 re implement ten (10) single-member District Election System (Requested by Mayor Dyer, Vice-Mayor Wilson, and Council Members Berlucchi, Remick, Ross- Hammond, Rouse, Schulman, Taylor, and Wooten) 3. Resolution to REQUEST the General Assembly Amend the City Charter Section 8.07 re expand the Membership of the Board of Equalization (Requested by the Board of Equalization) 4. Resolution to ESTABLISH a 90-day Festival Task Force(Requested by Vice-Mayor Wilson, and Council Members Berlucchi, Remick, Ross-Hammond, and Schulman) 5. Ordinance to AUTHORIZE acquisition of property in fee simple, either by agreement or condemnation re the Lakes — South London Bridge Creek Channels and Gate Project, CIP 100521 6. Ordinance to AUTHORIZE the acquisition of easements, either by agreement or condemnation re the Kemps Lake Water Quality Improvement Project, CIP 100567 7. Ordinance to AUTHORIZE the Dedication of an 8,798 square feet(0.202 acre) Utility Easement to Dominion Energy Virginia over City-Owned property at Upton Drive/Nimmo Parkway re provide electrical service to the facility owned and operated by Hospice House 8. Resolution to APPROVE the issuance of Residential Care Facility Revenue Bonds by the Virginia Beach Development Authority (VBDA), not to exceed$525-Million, re Westminster-Canterbury on Chesapeake Bay 9. Ordinance to AUTHORIZE the City Manager to EXECUTE an Agreement to join the Eastern Virginia Regional Industrial Facility Authority(EVRIFA)re promote the City's economic growth and development 10. Ordinance to AUTHORIZE temporary encroachments into a portion of a 15 foot unimproved City-Owned property right-of-way known as Ocean Shore Avenue re construct and maintain a gravel driveway, and a concrete City-standard driveway apron and to encroach into a portion of City-Owned public right-of-way known as First Landing Lane, located at the front of 2592 Ocean Shore Avenue-District 8 November 14, 2023 44 AGENDA REVIEW SESSION ITEM#74935 (Continued) 11. Ordinance to ESTABLISH Capital Project #100667, "Rudee Loop Park Development," and TRANSFER $4-Million from the Tourism Investment Program (TIP)Fund to as Pay-As-You-Go funding re procurement of design services 12. Ordinance to DONATE out-of-service police equipment to the police departments of Libby, Montana; South Miami, Florida; Wrightsville Beach, North Carolina;New Bern, North Carolina and Madison,Alabama 13. Ordinance to TRANSFER $1.1- Million from the Consolidated Grant Fund to.Capital Project #100589, "Central Utility Plant Enhancements-ARPA"re allow the city to proceed to construction on the project 14. Ordinance to TRANSFER$185,425 from the General Fund Reserves for Contingencies to the FY 2023-24 Voter Registration and Elections Operating Budget refund the January 9,2024,special election 15. Ordinance to ACCEPT and APPROPRIATE$25,144,014 in Federal Revenue to the FY 2023-24 Capital Improvement Program amongst Four (4) Eastern Shore Drive Drainage Improvement Capital Projects and TRANSFER $6,195,518 between four (4) Eastern Shore Drive Drainage Projects 16. Ordinance to ACCEPT and APPROPRIATE$362,408 from the State Compensation Board to the FY 2023-24 Commonwealth's Attorney Operating Budget re salary increase for eligible positions 17. Ordinance to ACCEPT and APPROPRIATE $350,0000 from the Virginia Department of Behavioral Health and Development Services to the FY 2023-24 Department of Human Services Operating Budget and AUTHORIZE two (2)full-time positions re Project for Assistance in Transitioning from Homeless(PATH)Program 18. Ordinance to ACCEPT and APPROPRIATE $257,500 from the 9-1-1 Services Board of the Virginia Department of Emergency Management to the FY 2023-24 Department of Emergency Communications and Citizen Services Operating Budget re staff recognition and retention efforts 19. Ordinance to ACCEPT and APPROPRIATE an additional$162,547 from the Virginia Military Community Infrastructure Grant Program and Fund to the FY 2023-24 Police Department Operating Budget and TRANSFER as Pay-As-You-Go funding for Capital Improvement Program Project#100536, "Creeds Training Center Renovations" 20. Ordinance to APPROPRIATE$150,000 in Fund Balance from the Police Federal and State Seized Assets Special Revenue Fund to the FY2023-24 Police Operating Budget re police recruitment November 14, 2023 45 AGENDA REVIEW SESSION ITEM#74935 (Continued) L. ORDINANCESMESOL UTIONS: COUNCIL MEMBER HENLEY WILL VOTE NAY FOR THE 10-MEMBER ELECTION SYSTEM WITHIN ITEM#1 COUNCIL MEMBER HENLEY WILL VOTE NAY ON ITEM#2 ITEM#4 WILL BE CONSIDERED SEPARATELY VICE MAYOR WILSON WILL ABSTAIN ON ITEM#7 ITEM#11 WILL BE CONSIDERED SEPARATELY November 14, 2023 46 AGENDA REVIEW SESSION ITEM#74935 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: M. PLANNING 1. WHITNEY W.ELLIOT,MATTHEWE.MANCOLL&ROBIN A.MANCOLL/WHITNEY W. ELLIOT, MATTHEW E. MANCOLL, ROBIN A. MANCOLL, THE LINDA EATON GOLDING AMENDED AND RESTATED REVOCABLE TRUST u/a/d APRIL 22, 1992,for a Street Closure re of one-half of an unimproved, unnamed alley adjacent to the rear of 218 55th Street, Unit B DISTRICT 6 2. WHITNEY W.ELLIOT,MATTHEWE.MANCOLL &ROBIN A.MANCOLL/WHITNEY W. ELLIOT, MATTHEW E. MANCOLL, ROBIN A. MANCOLL, THE LINDA EATON GOLDING AMENDED AND RESTATED REVOCABLE TRUST u/a/d APRIL 22, 1992,for a Street Closure re of one-half of an unimproved, unnamed alley adjacent to the rear of 219 54`h Street DISTRICT 6 3. EVERGREEN VIRGINIA,LLCfor a Modification of Conditions re motor vehicles sales,rentals, and repairs at 240 & 248 North Lynnhaven Road and 2865 & 2893 Virginia Beach Boulevard DISTRICT 3 4. BURNETTE BA UM DEVELOPMENT CORPORA TION/RVB 3, LLCfor a Modifications o,� Pro er and a Conditional Use Permit re car wash facility and at 5453 Wesleyan Drive DISTRICT 4 5. EXCEL FITNESS VA 9,LLC DBA PLANET FITNESS/GENERAL BOOTH PROPERTIES OF VA BEACH,INC for a Conditional Use Permit re indoor recreational facility at 2336 Elson Green Avenue DISTRICT 5 6. ASHLEY GULLER for a Conditional Use Permit re short term rental at 921 Pacific Avenue, Unit B DISTRICT 5 7. THE FOUNTAIN, LLC for a Conditional Use Permit re short terin rental at 307 34`h Street DISTRICT 6 8. TRACI R. McGLYNN& MICHAEL L. McGLYNNfor a Conditional Use Permit re short term rent at 523 22"d Street DISTRICT 6 M. PLANNING ITEMS. ITEM#6 WILL BE CONSIDERED SEPARATELY ITEM#7 WILL BE CONSIDERED SEPARATELY ITEM#8 WILL BE CONSIDERED SEPARATELY November 14, 2023 47 ITEM#74936 Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose: PUBLICLY HELD PROPERTY: Discussion or consideration of the acquisition of real property for public purpose; or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). • District 9 • District 8 • District 8 • District 2 • District 2 • District 2 • District S • Greenville Co., VA 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 body pursuant to Section 2.2-3711(A)(29) • Atlantic Park • Avangrid LEGAL MATTERS: Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel pursuant to Section 2.2- 3 711(A)(7). • Council Vacancy Process 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 2.2-371](A)(1) • Council Appointments: Council, Boards, Commissions, Committees,Authorities, Agencies and Appointees November 14, 2023 48 ITEM#74936 (Continued) Upon motion by Council Member Ross-Hammond, seconded by Council Member Schulman, City Council voted to proceed into CLOSED SESSION at 3:45 P.M. Voting: 10-0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None Break 3:45 P.M. — 3:55 P.M. Closed Session 3:55 P.M. — 5:45 P.M. November 14, 2023 49 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL NOVEMBER 14,2023 6:00 P.M. Mayor Dyer called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in City Council Chamber, City Hall, on Tuesday, November 14, 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, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None INVOCATION: Pastor Marlon King, First Church of the Nazarene MOMENT OF SILENCE PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mayor Dyer welcomed Cub Scouts from Pack 493 to lead the Pledge of Allegiance 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. November 14, 2023 50 Council Member Remick DISCLOSED that he is employee of Colliers International Virginia, LLC, ("Colliers')which is a commercial real estate services company. Because of the size and nature of Colliers and the volume of transactions it handles in any given year, Colliers has an interest in numerous matters in which he is not personally involved and has no personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he participates in a matter before the City Council in which Colliers has an interest in the transaction and he has no personal knowledge of that interest. In order to ensure compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is Council Member Remick's practice to thoroughly review the agenda for each meeting of the City Council to identify any matters in which he might have an actual or potential conflict. If, during review of the agenda for a Council meeting, he identifies a matter in which he has a `personal interest,"as defined by the Act, either individually or as an employee of Colliers, he will file the appropriate disclosure or abstention letter to be recorded in the official records of the City Council. November 14, 2023 51 VI.F CERTIFICATION ITEM#7493 7 Upon motion by Council Member Ross-Hammond, seconded by Council Member Remick, 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: 10-0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None *Vice Mayor Wilson stepped out during the discussion of Public Contract/Atlantic Park(4:48—5:20 P.M.) due to a conflict of interest. November 14, 2023 G1NiA•BEq �ti4 CAL U 1� f 14 S 0' OUR 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#74936 on Page 48 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,BEITRESOLVED:That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. Ama)rdavBarAes, WC City Clerk November 14, 2023 52 ITEM— VI.G.1 MINUTES ITEM#74938 Upon motion by Council Member Rouse, seconded by Council Member Ross-Hammond, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of October 17,2023 Voting: 10-0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None November 14, 2023 53 ITEM— VI.G.2 MINUTES ITEM#74939 Upon motion by Council Member Rouse, seconded by Council Member Ross-Hammond, City Council APPROVED the MINUTES of the SPECIAL FORMAL SESSION of October 24, 2023 Voting: 10-0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. `Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None November 14, 2023 54 ITEM— VI.H.1 MAYOR'S PRESENTATIONS ITEM#74940 RESOLUTION HAMPTON ROADS SOCCER COUNCIL On behalf of Mayor Dyer, Council Member Remick welcomed Lauren Bland, Executive Director — Hampton Roads Soccer Complex, and read the Resolution recognizing the Hampton Roads Soccer Council for their leadership and efforts to grow the sport of soccer. Ms. Bland expressed her appreciation to City Council for their continued support and November 14, 2023 IA- t i so er �ft�rs - 5 e4e` Op OUR N ON RESOLUTION WHEREAS:Original visionary and Board President Michael Barrett,along with Hampton Roads Soccer Council former Board Presidents Grig Scifres,Shelly Cohn and current President Carlton Harwood have put in tremendous effort to create and then evolve the Hampton Roads Soccer Complex and lead the Hampton Roads Soccer Council Board of Directors;and WHEREAS:Dick Whalen,the Founder and visionary of the North American Sand Soccer Championships,hosted here in Virginia Beach,spent 25 years dedicating his efforts to grow the sport of sand soccer in America,created the U.S. Open, providing opportunities for local athletes,and welcoming 100,000 guests throughout the weekend annually;and WHEREAS:The North American Sand Soccer Championships was created and continues to be a primary fundingprovider for the Hampton Roads Soccer Complex and has generated over$6 million towards developments and enhancements;and WHEREAS:The Dick Whalen Soccer Scholarship provides$10,000 annually to Virginia Beach high school seniors that have positively impacted their community and excelled in both the classroom and on the field;and WHEREAS:The North American Sand Soccer Championships spans nearly 30 oceanfront blocks,builds 64 soccer fields and has generated over$200 million in economic impact for the City of Virginia Beach over the last 30 years;and WHEREAS:The Hampton Roads Soccer Complex opened in 1997 and has provided a safe,professionally maintained facility for 25 years with an estimated 10 million athletes,spectators,referees,and supporters through the facility;and WHEREAS:The Hampton Roads Soccer Council's four affiliate soccer clubs:Beach FC, Over Thirty Soccer League, Southeastern Virginia Women's Soccer Association,and the Virginia Rush provide excellent year-round programing, development,and opportunities for over 8,000 youth and adults to enjoy soccer;and WHEREAS:The Hampton Roads Soccer Complex and the North American Sand Soccer Championships have provided a training ground for many teenagers to become referees and learn confidence,competence,and responsibility as a first job;and WHEREAS:The Hampton Roads Soccer Complex serves as an outlet for camaraderie and friendships,mental health improvements and healthy active living lifestyles;and WHEREAS:The Hampton Roads Soccer Complex has served as a tourism generating facility and local community building asset for 25 years;and WHEREAS:The current Hampton Roads Soccer Council Board of Director Officers:President-Carlton Harwood, Vice President-Michael Wagner, Vice President-Phil Maliniak, Treasurer-Karen Knott and Secretary-Corri Dillon have been instrumental in shaping the growth,impact,and direction of the Hampton Roads Soccer Council for the last 5 years;and WHEREAS:The Hampton Roads Soccer Council Board of Directors,affiliate soccer club leadership and key staff(Matt Baines,Nick Loebs,Adam Dixon, Travis Ansell, Gina Koehler,Matt Whalen and Lauren Bland)for the Hampton Roads Soccer Complex and North American Sand Soccer Championships have positively impacted the Virginia Beach community,been tourism drivers and improved the quality of life for residents. NOW, THEREFORE,BE IT RESOLVED: That the Virginia Beach City Council pause in its deliberations to recognize the Hampton Roads Soccer Council for their leadership and their efforts to grow the sport of soccer. Adopted by the Council of the City of Virginia Beach, Virginia the 14`day of November 2023 and present the Resolution duly signed by each Member a Virginia Beach City Council with a copy spread upon the Minutes of this meeting. CiJI Council Pienber Michael F.Berlucchi Council Member Bar ara M.Her y ? \, Council Member Robert W "Worth"Remick Council Member Amelia N.Ross-Hammond C ncil Member Jennifer Rouse Coun����;►. 5;& a�okl ber Joashua . 'Joash"Schulman Council Membe ris Taylor C01UP61 Member Sabrina D. Wooten 4,cfta'yor Mayor Rober M "Bobby"Dyer 55 ITEM— J/7LI PUBLIC HEARINGS ITEM#74941 Mayor Dyer DECLARED a PUBLIC HEARING: VACATION OF EASEMENT 20'public access easement at 2454 Starfish Road The following registered to speak.- Todd Solomon, 2260 First Landing Lane, Phone: 667-8533, spoke in OPPOSITION Lisa Leidig, 2312 Starfish Road#301, spoke in OPPOSITION Laurence Benson, 4525 Main Street#1000, Phone: 831-5519, spoke in SUPPORT John Wolfe, 3100 Shore Drive#1164, Phone: 496-1485, spoke in SUPPORT Ardell McCoy, 3100 Shore Drive, spoke in SUPPORT Ben Unkle, 3100 Shore Drive, spoke in SUPPORT Bob Widener, 3100 Shore Drive, spoke in SUPPORT There being no additional speakers, Mayor Dyer CLOSED the PUBLIC HEARING November 14, 2023 56 ITEM— VI.L2 PUBLIC HEARING ITEM#74942 Mayor Dyer DECLARED a PUBLIC HEARING: LICENSE TO USE CITYPROPERTY Starbucks Corporation at 31 Ocean, 241 Laskin Road There being no speakers, Mayor Dyer CLOSED the PUBLIC HEARING November 14, 2023 57 ITEM— VI L3 PUBLIC HEARINGS ITEM#74943 Mayor Dyer DECLARED a PUBLIC HEARING: LEASE OF CITY PROPERTY Approximately 9.7+/-acres of land located at 1401 Southern Boulevard There being no speakers,Mayor Dyer CLOSED the PUBLIC HEARING November 14, 2023 58 ITEM— VI.L4 PUBLIC HEARINGS ITEM#74944 Mayor Dyer DECLARED a PUBLIC HEARING: APPROPRIATION OF REVENUE $20,095,296 from the Sale of Property to Dominion Energy Virginia for various Transportation Projects and Tree Mitigation The following registered to speak.- Todd Solomon, 2260 First Landing Lane, Phone: 667-8533, spoke in SUPPORT Walter Camp, 4692 Berrywood Road, Phone: 576-1006, spoke in SUPPORT There being no additional speakers, Mayor Dyer CLOSED the PUBLIC HEARING November 14, 2023 59 ITEM— VIL5 PUBLIC HEARINGS ITEM#74945 Mayor Dyer DECLARED a PUBLIC HEARING: FY2022-23 VIRGINIA BEACH CITY PUBLIC SCHOOLS OPERATING BUDGET AND CAPITAL IMPROVEMENT PROGRAM(CIP) Appropriation of Reversion Funding and Additional Revenue from the Commonwealth of Virginia (Requested by the School Board) There being no speakers, Mayor Dyer CLOSED the PUBLIC HEARING November 14, 2023 60 ITEM— VI.J.I PUBLIC COMMENT ITEM#74946 Mayor Dyer DECLARED a PUBLIC COMMENT.- Ordinance to APPROPRIATE fund balance of the Tourism Investment Program (TIP)fund and to AUTHORIZE the City Manager to EXECUTE the settlement, transition, and termination agreement for the Virginia Beach Sport Center The following registered to speak.- Dianna Howard, 1057 Debaca Court, Phone: 567-9021, spoke in OPPOSITION Gary McCollum, 3901 Meeting House Road, Phone: 708-5987, spoke in OPPOSITION There being no additional speakers, Mayor Dyer CLOSED the PUBLIC COMMENT November 14, 2023 61 ITEM— VI X I FORMAL SESSION AGENDA ITEM#74947 Mayor Dyer read the Speaker Policy and advised for items where only one(1)speaker is registered, the City Clerk will call the speaker and they will be given a total of six(6)minutes to speak on all items. The City Clerk called the following registered speakers: David Leader, 5725 North Hampton Boulevard, Phone: 451-9117, did not respond Todd Solomon, 2260 First Landing Lane, Phone: 667-8533, spoke in OPPOSITION to Resolution L.8 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council APPROVED, BY CONSENT,Agenda Items Ordinances/Resolutions L: 1, 2, 3, 5, 6, 7, 8, 9, 10, 12, 13, 14, 15, 16, 17, 18, 19 and 20 and Planning Items M. 1,2,3, 4 and 5 Voting: 10-0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None *Council Member Ross-Hammond left the meeting at 7.16 P.M. L. ORDINANCESIRESOL UTIONS: COUNCIL MEMBER HENLEY VOTED VERBAL NAY FOR THE 10-MEMBER ELECTION SYSTEM WITHIN ITEM W COUNCIL MEMBER HENLEY VOTED VERBAL NAY ON ITEM#2 ITEM#4 WILL BE CONSIDERED SEPARATELY ITEM#11 WILL BE CONSIDERED SEPARATELY M. PLANNING ITEMS: ITEM#6 WILL BE CONSIDERED SEPARATELY ITEM#7 WILL BE CONSIDERED SEPARATELY ITEM#8 WILL BE CONSIDERED SEPARATELY November 14, 2023 62 ITEM— VI.LI. ORDINANCESIRESOL UTIONS ITEM#74948 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Resolution to ADOPT the City's 2024 Legislative Agenda (Requested by the City Council) Voting: 10-0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None • Council Member Henley voted nay for the 10-Member Election System item November 14, 2023 REQUESTED BY MAYOR DYER, VICE-MAYOR WILSON, AND COUNCILMEMBERS BERLUCCHI, REMICK, ROSS-HAMMOND, ROUSE, SCHULMAN, TAYLOR, AND WOOTEN 1 A RESOLUTION TO REQUEST THE GENERAL ASSEMBLY 2 AMEND THE CITY CHARTER TO IMPLEMENT A TEN 3 SINGLE-MEMBER DISTRICT ELECTION SYSTEM 4 5 WHEREAS, in December 2021, the City Council was ordered by the Federal 6 District Court to conduct its councilmanic elections using a system that provided for ten 7 single-member districts; 8 9 WHEREAS, the order of the Federal District Court was overturned by the Federal 10 Appellate Court after the candidate petitions were completed, so the City conducted the 11 November 2022 using the ten single-member districts; 12 13 WHEREAS, the City Council authorized a public input initiative to receive feedback 14 from the residents regarding their preference for the manner of conducting future 15 elections; 16 17 WHEREAS, the Weldon Cooper Center for Public Service at the University of 18 Virginia conducted a statistically validated public opinion survey within the City, which 19 showed 81% support for a 10:1 system; 20 21 WHEREAS, the City Council adopted it decennial redistricting ordinance on August 22 15, 2023, and this ordinance uses the same 10:1 system and district boundaries that were 23 previously ordered by the District Court; and 24 25 WHEREAS, it is desirable to align the text of the City Charter to reflect the 10:1 26 system of elections that was adopted in the decennial redistricting ordinance. 27 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 29 OF VIRGINIA BEACH, VIRGINIA, THAT: 30 31 The City Council hereby requests the General Assembly amend §§ 3.01, 3.01:1; 32 3.02:1, 3.02:2, and 3.02:3 of the City Charter to implement the ten single-member district 33 of elections. The attached Exhibit A, which is incorporated herein, provides the requested 34 text of such amendment. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day of November 2023. APPROVED AS TO LEGAL SUFFICIENCY: i y orney s Office CA16199/ R-1 October 11, 2023 EXHIBIT A PROPOSED CHARTER UPDATE Sec. 3.01. Division of city into districts. A. The city shall be divided into ten single-member election seven Fesid^^c^districts of approximately equal population which shall be numbered one through ten seveR.The council shall consist of eleven members, the mayor elected at large and iRGluding the mayer,one member to be elected by and from each of the ten single-member election districts.the eity at large fFoFn the residents f each f the seven distFicts and three membeFs and the mayer te be elected by and from the city at laFge. B. The boundaries aR names of such districts shall be established by ordinance O OF bef^r^MaFGh 1, 1996 and thprpafter the boundaries shall be adjusted periodically as may be necessary to ensure that the populations of the districts remain approximately equal. elected by the qualified veteFs ef that district ratheF thaR at laFge.The weFding of the questien shall be petit n,the COFGUit eeurt shall nFrIer that-RA advisery referendum be held E)R the question OR the eity at t4e Sec. 3.01:1. Implementation of districts. A. At the November 2024 May 1996 general election,the three members representing district 1 district 3 district 5,district 7,and the mayor shall be elected. by the city at large fFem the Fesid + f+h Q, .The terms of the members so elected shall commence January 1 2025 and expire on December 31, 2028. lull 1, 1998 Tl+e teFms of the mayer and couRcilmember elected by and fFern the city at large iR May of 1996 shall expiFe en '"' 1,2000. B. At the November 2026 general election,on May ef 19987 the members representing district 2 district 4 district 6, district 8,district 9 and district 10 shall be elected. three shall be elected fE)F teFFnS ef two yeaFs and the members elected at laFge frem diStFiets numbeFed fOLIF thFough seven shall be elected for terms of four years.The terms of the members so elected shall commence January 1,2027, and expire on December 31 2030 .two couneilmembers elected by and fFem the city at C. All members shall be elected for terms of four years. Sec. 3.02:1. Election of councilmembers. ,City council regular elections shall take place at November general elections. geneFal electien on even years thereafteF,for ce unrdl rnembeFS whese teFms expire at the end of December of that eentinue an E)40ee unto!their suceessers have been elected at the NevembeF eleGt4en and take office shal' eoRtonue until has successer has been duly elected and qualified. Each candidate shall state,at the time of filing,whether he is running at laFge from the district of his residence or for mayor. Candidates for council shall be nominated only by petition in the manner prescribed by general law. Sec. 3.02:2. Election of mayor; resignation to run requirements. The mayor shall be elected at the general election in November 2008,and each fourth year thereafter, to serve for a term of four years. Candidates for mayor shall run fey erne of the at-large seats.A candidate running for mayor shall not run for any other seat. In the event any councilMaR member, including the mayor,shall decide during his term of office to be a candidate for mayor, he shall tender his resignation as a councils member not less than ten days prior to the date for the filing of petitions as required by general law. Such resignation shall be effective on December 31,shall constitute the councils member's intention to run for mayor,shall require no formal acceptance by the remaining councilmen members and shall be final and irrevocable when tendered. In the event the mayor shall decide during his term of office to be a candidate for one of the single member election districts, he shall tender his resignation as mayor not less than ten days prior to the date for the filing of petitions as required by general law. Such resignation shall be effective on December 31 shall constitute the mayor's intention to run for one of the single-member election districts shall require no formal acceptance by the remaining council members and shall be final an irrevocable when tendered The unexpired portion of the term of any council member who has resigned to run for mayor or mayor who has resigned to run for one of the single-member election districts shall be filled at the same general election. Sec. 3.02:3. Reserved. Memb Fesigm-itien to run fGF new seat.. (a) IR the event that aRY C-OURG61 membel�_e_PA ene ef the Fesid-e-Ree districts shall deGide duFing his teFm e e4oce te be a eandidate for aR at large seat,the council FnembeF shall tender his resignation as a GGURc4 i�apmber not less than 10 days prieF to the date fer the filiRg of petitien5 as FequiFed by geReral law.Such shall be effective en December 31,shall ceRstitute the c;eunGil membeF's iRtention te FUR fA-.r the at large seat,shall FequiFe Re formal aGeeptaRee by the FemaiRiRg GOURG61 members,and shall be final_;;P4 -eable when tendered.The une)(PiFed portion of the term of aRy ceuneil me-mber who has resigned te FUR fGF aR at large seat shall be felled at the same general eleGtian, or by special electien if the at large seat is to be filled by sM i i r• 7 (b) IR the eveRt that any council FnembeF from eRe of the at laFge seats shall decide duFiRo his term of effice te Fne.mbeF RGt less than 10 days PF'OF te the date f9F the filiRg of petitions as requiFed by geReFal law.Suc4 Fes*denee diStFiCt seat,shall Fequire ne feFwal acceptanee by the Femaining ceuneil members, and shall be final and- irrevocable wheR teRGIP-RA.The- '_'PexpiFed PeFtien of the te.r.m. ef any eeunGil membpr i.vhe 4 the Fe-side-Ree distriet seat is te be filled by special election-. REQUESTED BY THE CITY COUNCIL 1 A RESOLUTION ADOPTING THE CITY'S 2024 2 LEGISLATIVE AGENDA 3 4 WHEREAS, the City Council traditionally adopts a Legislative Agenda and 5 requests members of the City's local delegation to the General Assembly sponsor 6 and/or support legislation therein; and 7 8 WHEREAS, the City Council has considered a number of goals and objectives 9 for inclusion in the City's 2024 Legislative Agenda. 10 11 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 That the City Council hereby adopts the City's 2024 Legislative Agenda, which is 15 attached hereto as Exhibit A and is hereby incorporated by reference. 16 17 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 18 BEACH, VIRGINIA: 19 20 That the City's Delegation to the General Assembly is hereby requested to 21 sponsor or support legislation in the 2024 Session of the General Assembly that would 22 carry out the goals and objectives of the City as set forth in its Legislative Agenda. 23 24 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 25 BEACH, VIRGINIA: 26 27 That the City Clerk is hereby directed to transmit a copy of this resolution to each 28 member of the City's local Delegation to the General Assembly. 29 30 Adopted by the City Council of the City of Virginia Beach, Virginia, this 14th 31 day of November 2023. APPROVED TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Manager's Office Attor ey's Office CA16358 R-1 November 2, 2023 C I T Y O F V I R G I N I A B E A C H V I R II f +Y d J a� u. —ter sy. era y� rs s E — �' s --_— Fes==== T -- .'/ •.,Ae,�• � _ r �� _ �'_ � — _ _— e _ 9,71 ®o ■ Isau Mau ol ENE a MEN MEN taus Mau -- oil ME T- !Wun nun M mom Isup Una L =_ ■ 3 ■■x - n mom �- = luau uru L - ■ig mom _ mom NNE _ �: 200, nun - man NNE _ mom ONE - i sun usu . - /// Its imI oil _ � s - , GENERAL Leg *islat*ive Agenda • , SESSION NU 6 O Table of Contents 2023 VIRGINIA BEACH CITY COUNCIL..........................................................................................................3 CITY CHARTER AMENDMENTS.....................................................................................................................4 Ten Single-Member Election System Adopted by City Council...........................................................................4 Board Of Equalization Membership........................................................................................................................8 VIRGINIA CODE AMENDMENTS.................................................................................................................10 Amend Code to Reflect Election System Adopted by Council.......................................................................10 „Good Friday' First Responders Fund...................................................................................................................12 Photo Speed Monitoring Devices on Local Highways.................................................................................13 Photo Speed Monitoring and Failure of Recipient to Respond.........................................................................14 Opioid and Fentanyl Awareness Education................................................................................................16 Local Taxing Authority for Vaping and E-Cigarette Products.......................................................................17 Establish the Virginia Creative Economy Grant Fund and Program............................................................18 Obstruction of Right-of-Way Violations...............................................................................................................20 Re-Establish the Virginia Minority Business Commission..................................................................................21 STATE BUDGET REQUESTS.........................................................................................................................22 Augment Localities for 100% Disabled Veteran Tax Exemption.......................................................................22 5/31 Memorial.........................................................................................................................................................23 Stormwater Operations Center.............................................................................................................................24 Virginia Aquarium & Marine Science Center Renovation/Expansion.........................................................25 POLICYSTATEMENTS.................................................................................................................................26 Short-Term Rentals....................................................................................................................................26 2 M 2023 VIRGINIA BEACH CITY COUNCIL Robert M. "Bobby" Dyer Mayor, At-Large Rosemary Wilson Vice-Mayor, District 5 (VACANT) District 1 Barbara Henley District 2 Michael Berlucchi District 3 Dr. Amelia Ross-Hammond District 4 Robert W. "Worth" Remick District 6 Sabrina D. Wooten District 7 Chris Taylor District 8 Joashua F. "Joash" Schulman District 9 Jennifer V. Rouse District 10 3 r�, N j" a 7L CHARTER AMENDMENT Ten Single-Member Election System Adopted by City Council Background: The United States District Court for the Eastern District of Virginia("the District Court") previously ruled that the cty's 7:4 election system as set forth in the City Charter does not comply with Section 2 of the Voting Rights Act, 52 U.S.C. § 10301 because it dilutes the voting strength of minority voting groups. This ruling was later vacated on appeal by the United States Court of Appeals for the Fourth Circuit("the Fourth Circuit") on the ground that it was rendered moot by an intervening amendment to state law. That amendment changed the seven residence districts previously elected at large under the City's Charter to single-member districts whose representative was elected by only the residents of those districts. Although the District Court's judgment was vacated, the case was remanded to that court for further proceedings. Subsequently, the District Court has indicated that any system other than the 10:1 system with three (3)Minority Opportunity Districts would likely be found to violate Section 2 of the Voting Rights Act. On January 14, 2022, while the District Court's order was still in effect, the City obtained preclearance of the 10:1 system ordered by the District Court from the Virginia Attorney General under the Virginia Voting Rights Act. The 10:1 plan was utilized in the November 2022 City Council elections. In 2023, the City Council undertook a public input initiative that included duly noticed, public education and listening sessions in each of the ten districts. Two virtual listening sessions were also conducted. In addition, the City engaged the Weldon Cooper Center for Public Service at the University of Virginia to conduct a statistically validated public opinion survey within the city, which showed 81% support for a 10:1 system. On August 15, 2023, the City Council adopted its decennial redistricting ordinance. This ordinance uses the same 10-1 system and district boundaries that were previously ordered by the District Court. Additionally, the decennial redistricting ordinance uses the same schedule of elections that was recommended by the Special Master. It is desirable for the City Charter to reflect the decennial redistricting ordinance, and this request does that. 4 Request: City Council requests that the General Assembly amend the City Charter to adopt the ten single-member district system used in the 2022 elections and adopted by the City Council in its decennial redistricting ordinance. PROPOSED CHARTER UPDATE Sec. 3.01. Division of city into districts. A. The city shall be divided into ten single-member election seven,-esi efee districts of approximately equal population which shall be numbered one through ten seve. The council shall consist of eleven members, the mayor elected at large and including the mayor-, one member to be elected by and from each of the ten single-member election districts. member-s and the mayor to be eleeted by and from the eity at large. B. The boundaries and ames of such districts shall be established by ordinance an a be€or-e-March(,and t�e4e the boundaries shall be adjusted periodically as may be necessary to ensure that the populations of the districts remain approximately equal. eleeted 4em eaeh district shall be elected by the qualified vatefs Af distr-iet r-athe than at large. The wer-ding of the question shall be deter-mined by majority vote ef the eity eetinei4 and sha14 be ineluded in the petition. Upen the filing of the pefifien, the ekeuit eeui4 shall order-that an advisory referendum be held on the question in the at the municipal eleetiens to be held in May 1996-. Sec. 3.01:1. Implementation of districts. A. At the November 2024 May 1996 general election, the tlfee-members representing district 1, district 3, district 5, district 7, and the mayor shall be elected_by the eit-Y a assuehbarughs existed a r.,,,uary 1, 1995 The terms of the members so elected shall commence January 1, 2025, and expire on December 31, 2028. d11y 1, 109one terms ef the mayor-and eouneilmember-eleeted by and from the eity at large in May of 1996 B. At the November 2026 general election.,in , the members representing district 2, district 4, district 6, district 8, district 9, and district 10 shall be elected. at and the members eleeted at large 4effl distfiets number-ed four-through seven shall be eleete for-terms of f„r years. The terms of the members so elected shall commence January 1, 2027, and expire on December 31, 2030. twe eouneilmembers eleeted by and&vm the ei y at large in Mayof 1998-shall expke-e•' TrrjaiT2002. Thereafter-, C. All members shall be elected for terms of four years. Sec. 3.02:1. Election of councilmembers. Pursuant to ance adopted-b, c -cam ^mane 27, 2006, City council elections shall take place during November general elections. during the general eleet_c„ November-2008, and during the November-general eleetion in even years thereafter-, fe eeunei4 members whose terms expife at the end of Peeembef of that year-. Getineil ffl-effl-ber-s,ineluding the-mayor=::nose-te expife as of June 30 2008 r Tune 30 2010, sha14 continue in effice until the4 sueeessers have been elected at the November-eleetien and take office on januar-y 1. The term of office for-each eounei4member-sha]4 eemmenee on dial y elected and qualified. Each candidate shall state, at the time of filing, whether he is running at large, from the district of his residence or for mayor. Candidates for council shall be nominated only by petition in the manner prescribed by general law. Sec. 3.02:2. Election of mayor. The mayor shall be elected at the general election in November 2008, and each fourth year thereafter, to serve for a term of four years. Candidates for mayor shall run oaf twat-large seats. A candidate running for mayor shall not run for any other seat. In the event any councils member, including the mayor, shall decide during his term of office to be a candidate for mayor, he shall tender his resignation as a councilman member not less than ten days prior to the date for the filing of petitions as required by general law. Such resignation shall be effective on December 31, shall constitute the councilis member's intention to run for mayor, shall require no formal acceptance by the remaining councils members and shall be final and irrevocable when tendered. In the event the mayor shall decide during his term of office to be a candidate for one of the single-member election districts, he shall tender his resignation as mayor not less than ten days prior to the date for the filing of petitions as required by general law. Such resignation shall be effective on December 31. shall constitute the mayor's intention to run for one of the single-member election districts, shall require no formal acceptance by the remaining council members and shall be final and irrevocable when tendered. The unexpired portion of the term of any council member who has resigned to run for mayor or mayor who has resigned to run for one of the single-member election districts shall be filled at the same general election. 6 Sec. 3.02:3. Reserved. . (a) in the event that any eounei4 member-from efie ef the r-esidenee distr-i4s shal4 deeide er-his r-esig-n-atio-H-;;,-; -a ealwar-Al ImmolnWeer-not less than 10 days prioF to the date f;q PeEEmb lis11 eoi$rrtut�t�C�cvuic's1 zicnb cz'�-iitentior to-fun for-the at large seat, ..hl f r.�..,1 ..r.nee e by th r e rY ber-r__ s1..,11 a o o o e o m � n be niu 'kiii�aieiivcble � ThMe u-n-expir-ed poftioia vrthe ti rir of carry e.,,,.,,.;1 member-who has resigned to fun f; r a at large soar shaJ4 be fi4le ] at the same general eleetien, or by special eleetion if the at 1 E)be Qed by special (b) in the event that any eounei4 fneffVber-ff-em one of the at lafge seats shall deeide dur-in for-the filing of petitions as required by general law. Sueh resignation shall be effeL4ive on Peeeinber 3,��eenst=torte-the eeunei4 fneiber-'s-intentien to the seat is to be Qed by speeial eleaien. '- CHARTER AMENDMENT Board Of Equalization Membership Background: The City Charter establishes the City's Board of Equalization(the "BOE"). The BOE is one of three possible routes of appeal when a taxpayer believes his or her real estate assessment is erroneous. The BOE sits in quasi-judicial capacity hearing such appeals, and any decision of the BOE can be appealed to the circuit court. At the request of a previous BOE chair, the City Council made a request to amend the City Charter to expand the membership of the BOE from three to four in its 2022 Legislative Agenda. Recently, there has been a change in the membership of the BOE, and the current BOE has experienced more deadlocked votes. Request: The City Council requests that the General Assembly amend the City Charter to increase the membership of the City of Virginia Beach Board of Equalization from four members to five members and add an alternate. 8 PROPOSED CHARTER UPDATE § 8.07. Annual assessment of real estate. The council may, in lieu of annual, biennial or triennial assessment, reassessment and equalization of the methods prescribed by general law, provide by ordinance for the assessments of real estate for local taxation and to that end may appoint one or more persons . as assessors to assess or reassess for taxation the real estate within the city. Such assessors shall make assessments and reassessments on the same basis as real estate is required to be assessed under the provisions of general law and as of the first day of July of each year in which such assessment, reassessment and equalization of assessments is made, shall have the same authority as the assessors appointed under the provisions of general law and shall be charged with duties similar to those thereby imposed upon such assessors. The judges of the circuit court shall annually appoint a board of equalization of real estate assessments to be composed of€ems five members and one alternate who shall be freeholders of the city. Such board of equalization shall have and may exercise the powers to revise, correct and amend any assessment of real estate and to that end shall have all powers conferred upon boards of equalization by general law. The provisions of general law notwithstanding, the board of equalization may adopt any regulations providing for the oral presentation, with formal petitions or other pleadings of requests for review, and looking to the further facilitation and simplification of proceeding before the board. This section shall not apply to assessment of any real estate assessable by the State Corporation Commission. 9 „,30A A[ ' .: VIRGINIA CODE AMENDMENT Amend Code to Reflect Election System Adopted by Council Background: The United States District Court for the Eastern District of Virginia("the District Court”) previously ruled that the city's 7:4 election system as set forth in the City Charter does not comply with Section 2 of the Voting Rights Act, 52 U.S.C. § 10301 because it dilutes the voting strength of minority voting groups. This ruling was later vacated on appeal by the United States Court of Appeals for the Fourth Circuit("the Fourth Circuit") on the ground that it was rendered moot by an intervening amendment to state law. That amendment changed the seven residence districts previously elected at large under the City's Charter to single member districts whose representative was elected by only the residents of those districts. Although the District Court's judgment was vacated, the case was remanded to that court for further proceedings. Subsequently, the District Court has indicated that any system other than the 10:1 system with three (3)Minority Opportunity Districts would likely be found to violate Section 2 of the Voting Rights Act. On January 14, 2022, while the District Court's order was still in effect, the City obtained preclearance of the 10:1 system ordered by the District Court from the Virginia Attorney General under the Virginia Voting Rights Act. The 10:1 plan was utilized in the November 2022 City Council elections. In 2023, the City Council undertook a public input initiative that included duly noticed, public education and listening sessions in each of the ten districts. Two virtual listening sessions were also conducted. In addition, the City engaged the Weldon Cooper Center for Public Service at the University of Virginia to conduct a statistically validated public opinion survey within the city, which showed 8 1% support for a 10:1 system. Request: Because a change to a locality's Charter requires a two-thirds vote of the General Assembly and a general law change to the Virginia Code requires a majority of the members of the General Assembly, the City Council requests that a dual track be taken to updating the City's election system to better ensure that a proper update is made ahead of the 2024 election cycle. The City Council requests that section § 15.2-1400 of the Code of Virginia be amended, with language to supersede a local charter, to reflect the City's ten single-member district system. 10 Proposed language for§ 15.2-1400 of the Code of Virginia G. Notwithstanding any other provision of law,general or special, the governing body of a locality that has been subject to a court order imposing a remedial election system under either the Voting Rights Act of 1965 or Virginia Rights of Voters Act, Va. Code§§24.2-125, et. seq, even if such order is later vacated, may adopt an ordinance to convert one or more at-large members of such body to single- member districts. Members of such governing body in office on the effective date of such ordinance shall complete their terms of office. 11 S J `° . VIRGINIA CODE AMENDMENT "Good Friday" First Responders Fund Background: On Good Friday, April 6, 2012, a catastrophic event took place in Virginia Beach as a Navy F/A-18 Hornet jet fighter crashed just moments after take-off from Naval Air Station Oceana into the Mayfair Mews apartment complex, injuring seven. Hundreds of Virginia Beach first responders and employees were quickly on the scene of what came to be known as the Good Friday miracle as there were no fatalities from the event despite the apartment complex housing more than 100 residents. During this event, City staff were likely exposed to burning composite materials like carbon fibers and other toxins released from the burning fuel, hydraulic fluids, aircraft fuselage, and damaged structures including known "forever chemicals" including perfluorooctane sulfonic acid(PFOS) and aqueous film forming foam (AFFF), called forever chemicals because these toxic materials do not leave your system. Research suggests firefighters are at higher risk of certain types of cancers when compared to the general population. Earlier this year, the City provided a voluntary Galleri Cancer Screening, an advanced type of testing that screens for more than 50 types of cancers, where 538 sworn Fire employees were tested. The Galleri Cancer Screening was provided to the Fire Department due to their heightened risk of developing occupational cancer and the existence of a presumption that many cancers are work related and can be a compensable claim under Virginia Worker's Compensation. Request: The City Council requests that the General Assembly create and fund the "Good Friday" First Responders Fund to support annual health monitoring and cancer screenings to all Virginia Beach employees who worked the crash scene and to provide additional support for out-of-pocket health care costs and other service gaps that may arise for these heroes. 12 �r3°nryr VIRGINIA CODE AMENDMENT Photo Speed Monitoring Devices on Local Highways Background: Across the nation, states and localities are seeing a rise in traffic fatalities and are seeking new tools to improve safety on highways and roadways. While there are many elements that drive the rise in traffic fatalities, including distracted driving, one of the major elements is the continued proliferation of speeding. The speed of a vehicle involved in a crash has a direct impact on the number of crashes and the severity of injuries they cause. Developing a speed camera program would provide law-enforcement a new tool to enforce speed limits and reduce risks on local highways. Today, more than 18 states and 188 localities have implemented speed camera programs. Insurance Institute for Highway Safety studies of cameras on residential roads in Maryland, on a high-speed roadway in Arizona, and on city streets in the District of Columbia found that the proportion of drivers exceeding speed limits by more than 10 mph declined by 70, 88 and 82 percent, respectively, six to eight months after cameras were introduced. Virginia currently permits localities to operate photo speed monitoring devices in school zones and construction zones as well as cameras to enforce traffic light signals. Request: The City Council requests the General Assembly grant statewide authority for local governments to establish a program for using photo speed monitoring devices on local highways. The legislation would require a locality, before the implementation of a speed camera on a highway, to conduct an analysis of the highway that includes average daily traffic count, average speed, the 85th percentile speed, periods of highest speeding, number of accidents, number of fatalities, and the number of pedestrian involved accidents. The legislation would also require the same privacy and notification rules that are included in existing traffic camera enforcement programs. Finally, the legislation would require any funds a locality receives from the program, after supporting the program itself, be allocated towards pedestrian and road safety improvements. 13 �,,30'MyJn T " � TS VIRGINIA CODE AMENDMENT Photo Speed Monitoring and Failure of Recipient to Respond Background: The 2020 General Assembly enacted legislation that was subsequently codified as Virginia Code §46.2-882.1. This legislation authorized photo speed monitoring in highway work zones and school crossing zones. Like the program for school bus stop arm violations, photo speed monitoring is intended to allow targeted enforcement in places where vulnerable pedestrians are present. Photo speed enforcement allows law enforcement personnel to attend to other public safety priorities, and it equitably and efficiently holds drivers accountable for violating posted speed limits in school crossing zones and highway work zones. As currently written, Virginia Code § 46.2-882.1 provides a default process for out-of-state motorists, and upon such default, the civil penalty is eligible for collection. There is no specific process for default when a motorist within the Commonwealth fails to respond to a mailed summons, and it may be impracticable to effect personal service upon every person that does not respond to a mailed summons. This legislative proposal offers a notice and review process that is similar to the procedure when a person receives a notice that there is a claim upon that person's Virginia tax return. The process provides for an additional mailed notification of the violation of the speed limit and opportunity to contest such violation. If the recipient fails to respond within the thirty- day period, this failure to respond will be deemed a waiver of the opportunity to contest the speed violation, and like the process for out-of-state motorists, such amount would then be eligible for collection. Request: The City Council requests the General Assembly amend Virginia Code § 46.2-882.l(B)(5) as follows: 5. A summons for a violation of§46.2-873 or 46.2-878.1 issued by mail pursuant to this section may be executed pursuant to § 19.2-76.2. Notwithstanding the provisions of§ 19.2-76, a summons issued by mail pursuant to this section may be executed by mailing by first-class mail a copy thereof to the owner, lessee, or renter of the vehicle. In the case of a vehicle owner, the copy shall be mailed to the address contained in 14 the records of or accessible to the Department. In the case of a vehicle lessee or renter, the copy shall be mailed to the address contained in the records of the lessor or renter. Every such mailing shall include, in addition to the summons, a notice of (i)the summoned person's ability to rebut the presumption that he was the operator of the vehicle at the time of the alleged violation through the filing of an affidavit as provided in subdivision 3 and(ii) instructions for filing such affidavit, including the address to which the affidavit is to be sent. If the summoned person fails to appear on the date of return set out in the summons mailed pursuant to this section, the summons may shall be executed in the manner set out in§ 19.2-76.3. No proceedings for contempt or arrest of a person summoned by mailing shall be instituted for failure to appear on the return date of the summons. If the summons is issued to an owner, lessee, or renter of a vehicle with a registration outside the Commonwealth and such person fails to appear on the date of return set out in the summons mailed pursuant to this section, the summons will be eligible for all legal collections activities. Any summons executed for a violation of§ 46.2-873 or 46.2-878.1 issued pursuant to this section shall provide to the person summoned at least 30 days from the mailing of the summons to inspect information collected by a photo speed monitoring device in connection with the violation. If the summons is issued to an owner, lessee, or renter of a vehicle with a registration address within the Commonwealth and such person fails to timely contest the violation, a notice of proposed default may be sent, by first class mail, to the last known address of the owner, lessee, or renter of the vehicle. This notice of proposed default shall provide the recipient the opportunity to contest the alleged violation within thirty days of the date of the mailing of the notice and describe the process for making such contest. In addition, the notice of proposed default shall advise the recipient that failure to contest such violation within the thirty-day period will be deemed a waiver of the opportunity to contest the violation and may result in collection of the civil penalty. If the recipient fails to contest the violation asserted in the notice ofproposed default within the thirty-day period, the civil penalty authorized herein shall be eligible for all legal collection activities. If the law-enforcement agency that was operating the photo speed monitoring device does not execute a summons for a violation of§ 46.2-873 or 46.2-878.1 issued pursuant to this section within 30 days from the date of the violation or initiates the notice of proposed default, all information collected pertaining to that suspected violation shall be purged within 60 days from the date of the violation. 15 Al �'- VIRGINIA CODE AMENDMENT Opioid and Fentanyl Awareness Education Background: According to the Virginia Department of Health, "Fatal drug overdose has been the leading method of unnatural death in Virginia since 2013 and opioids, specifically illicit fentanyl, has been the driving force behind the large increases in fatal overdoses since 2013." Virginia Beach has not been immune to the opioid and fentanyl crisis, as it has taken hold across the Commonwealth and the nation, as the rate of overdose in Virginia Beach has tripled over the last decade. Alarmingly, this crisis has hit far too many of our most vulnerable and youngest members of our community, taking a tragic toll on families. Fentanyl is a potent synthetic opioid approved by the Food and Drug Administration used for pain relief or as an anesthetic and, according to the Drug Enforcement Agency, it is approximately 100 times more potent than morphine and 50 times more potent than heroin. It can often be found in counterfeit drugs or used as a "filler" to increase the potency of other narcotics, because of this, in many cases the user doesn't even know that they are taking fentanyl. In some instances, it has been developed to look like popular brands of food and candy. Mistakenly taking fentanyl can be deadly, as it is estimated that as little fentanyl powder as would cover the tip of a pencil is enough to kill the average person. Because of these dangers and unknowns, it is increasingly important that the Commonwealth increase the education activities to raise awareness of the dangers of opioids and especially fentanyl. Requests: 1. The City Council requests the General Assembly direct the Department of Education to coordinate with the proper organizations, to develop and distribute to each local school division, educational materials concerning the health and safety risks of opioid abuse with a particular focus on the deadly risk of fentanyl. 2. The City Council additionally requests that the General Assembly declare May 9`' of each year "Fentanyl Awareness Day" and asks that the appropriate government agencies, both local governments and the Commonwealth, leverage all their tools available to raise awareness of the dangers of Fentanyl. 16 j 36 AlV,, c VIRGINIA CODE AMENDMENT Local Taxing Authority for Vaping and E-Cigarette Products Background: According to a recent research study conducted by the Center for Disease Control and Prevention, since 2014, e-cigarettes, or vaping, have been the most commonly used tobacco product among U.S. middle and high school students. The same study found that 14% of high school students reported using e-cigarettes. This trend is on the rise and a cause for concern. A lack of information and misperceptions around e-cigarettes and vaping has led to their proliferation among students, but the research is clear, e-cigarettes are dangerous and addictive. As more people turn to vaping and better understand the dangers of traditional cigarettes, tax collections on traditional tobacco products at the local and state level have been in decline. In response to these trends, the Commonwealth, through the budget process, doubled their existing tax on traditional tobacco products and created a new tax on liquid nicotine (the nicotine utilized in vaping and e-cigarette products). The City Council supports efforts to modernize the Virginia Code as it relates to tobacco taxes and requests that the General Assembly grant statewide authority for local governments to establish an excise tax on the sale of vaping products. Request: The City Council requests that the General Assembly grant local governments the authority to modernize their tax codes as it relates to the sale of electronic cigarettes and vaping products. 17 '�w•- °' VIRGINIA CODE AMENDMENT Establish the Virginia Creative Economy Grant Fund and Program Background: Virginia Beach is home to award winning arts programs and internationally acclaimed artists. The arts contribute to the culture and social fabric of Virginia Beach, providing beauty and connection between communities. While the arts contribute greatly to Virginia Beach's character, it is important to recognize the important role the arts play in the City's economy and to work to find ways to continue to invest in that economy. The Office of Cultural Affairs found, in a previous study that examined the economic impact of the arts in Virginia Beach, that$87.7 million in economic activity and 2,875 jobs are generated annually by the non-profit arts and culture industry in Virginia Beach, making it a formidable business and economic driver for the City. In the 2023 General Assembly session, Delegate Jackie Glass introduced House Bill 2376 which would have established the Virginia Creative Economy Grant Fund and Program, to be administered by the Virginia Economic Development Partnership Authority, for the purpose of awarding grants to independent content creators and creative entrepreneurs for the purpose of developing and expanding the creative economy in Virginia. Request: The City Council requests that House Bill 2376 from the 2023 General Assembly session be re-introduced. 18 HOUSE BILL NO. 2376 from 2023 General Assembly Session §2.2-2240.7. Virginia Creative Economy Grant Fund and Program. A. For the purposes of this section: "Creative economy"means industries that have their origin in individual creativity, skill, and talent and that have a potential for wealth and job creation through the generation and exploitation of intellectual property, including production of audio, video, or visual content;literary or performing arts; production offilm, music, software, or video games;and television or radio. "Creative economy entrepreneur"means a small business or a self-employed individual whose primary business activity or self-employment. "Fund"means the Virginia Creative Economy Grant Fund. "Independent content creator"means an individual who creates original digital media content in the form of audio, video, or visual content for entertainment purposes and with the intention ofgenerating a profit. "Program"means the Virginia Creative Economy Grant Program. B. There is hereby created in the state treasury a special nonreverting fund to be known as the Virginia Creative Economy Grant Fund. The Fund shall be established on the books of the Comptroller. All funds appropriated for such purpose and any gifts, donations,grants, bequests, and other funds received on its behalfshall be paid into the state treasury and credited to the Fund. Interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscalyear shall not revert to the general f rnd but shall remain in the Fund. Moneys in the Fund shall be used solely for purposes of(i)awarding grants on a competitive basis through the Virginia Creative Economy Grant Program established pursuant to subsection C or (ii)implementing and administering the Virginia Creative Economy Grant Program. Expenditures and disbursements from the Fund shall be made by the State Treasurer on warrants issued by the Comptroller upon written request signed by the Chief Executive Officer of theAuthority. C. The Virginia Creative Economy Grant Program is hereby established for the purpose of awarding grants on a competitive basis from such funds as may be available from the Fund to independent content creators and creative entrepreneurs for the purpose of developing and expanding the creative economy in Virginia. Grants shall be awarded by the Authority, in consultation with the Virginia Commission for the Arts established pursuant to§23.1-3222, in an amount not to exceed$20,000 to any independent content creator or creative entrepreneur. The program shall be administered by the Authority, in consultation with the Virginia Commission for the Arts. In administering the program, the Authority, in consultation with the Virginia Commission for the Arts, shall establish and publish guidelines and criteria forgrant awards, including guidelines and criteria governing agreements between the Authority and grant recipients relating to the use ofgrant funds. 19 ,,9E-/.fL,•/� '- VIRGINIA CODE AMENDMENT Obstruction of Right-of-Way Violations Background: The City's Resort Advisory Commission has identified several nuisance and safety issues in the Resort Area that are difficult to remedy under the City's existing ordinances. An example of this is repeated violations of businesses along Atlantic Avenue that place their wares along the sidewalk. The City can enforce these violations as criminal misdemeanors, and if found guilty, the judge will impose a fine and court costs. However, the time it takes for the case to be heard and the ability for it to be extended renders the deterrent null, and the offender will continue the violating behavior and absorb the penalty as a cost of doing business. The ability to have a more expedient method to stop these violations is desired. One example would be akin to a parking ticket, with the ability to ticket multiple times if no corrective action is taken. There is currently no known authority that would enable the City to adopt such an ordinance. Request: The City Council requests the General Assembly to adopt legislation that would allow the creation of local ordinances to eliminate or deter the continuation of nuisance and safety related offenses and violations during the pendency of a court hearing or other final disposition. 20 5, Aly VIRGINIA CODE AMENDMENT Re-Establish the Virginia Minority Business Commission Background: During the 2020 General Assembly Session, then Delegate, Jason Miyares, introduced legislation to establish the Virginia Minority Business Commission. While the legislation failed to pass, the legislature created the commission though the budget process. The Commission began meeting in January 2021 and met four times in its first year, reviewing Virginia's 2020 Disparity Study and Programs that support Small Women and Minority(SWaM) owned businesses and making recommendations to the General Assembly to promote the growth and competitiveness of Virginia's minority-owned businesses. The Commission was very successful, with the passage of multiple pieces of legislation including the requirement to do a disparity study every five-years and the creation of a mentor program for SWaM businesses. Request: The City Council requests that the General Assembly re-establish the Virginia Minority Business Commission to develop strategies and recommendations to promote the growth and competitiveness of Virginia's minority-owned businesses. 21 J KV uy``== STATE BUDGET REQUEST Augment Localities for 100% Disabled Veteran Tax Exemption Background: Virginia Beach is proud to be home to more than 58,000 veterans and more than 96,000 active-duty members of the United States armed forces. Both active-duty and retired members of the armed forces play a critical role in our community and economy, and we want them to make Virginia Beach their home for a lifetime. The City of Virginia Beach honors the sacrifices made by our military personnel and veterans, and we support efforts by the Commonwealth to have the tax code reflect those sacrifices. Since 2011, following voter ratification, the Commonwealth has mandated that localities provide a real estate tax exemption for 100% disabled veterans. This is an admirable program that the City of Virginia Beach supports. However, due to Virginia Beach's substantial military and veteran population, the City's budget is noticeably affected by this unfunded mandate from the Commonwealth. The program has grown from $1.7 million in its first year to more than $16 million in fiscal year 2023 and we project the program will grow to $24 million in fiscal year 2024. Across the Commonwealth this program impacted local government budgets by more than $125 million. With expansion of program eligibility and increased awareness, we anticipate that this program will continue to grow at a high rate. Requests: 1. The City Council requests that the General Assembly refrain from creating additional unfunded mandates and if it chooses to impact a locality's taxing authority that it provides support for filling the gap they create or provide another funding mechanism to replace it. 2. The City Council requests that the Commonwealth provide financial support to fill the gaps created by the Commonwealth for the Veterans 100% disabled tax relief program. 22 ,3e ucu l STATE BUDGET REQUEST 5/31 Memorial Background: This past May, the 5/31 Memorial Committee and the City Council chose the team that will work with the community to design and build a memorial to honor and remember the victims of the tragic events of May 31", 2019. In the aftermath of the 5/31/2019 mass shooting in Virginia Beach,victims' families, survivors, members of the public and recovery professionals advised City Council that installation of a permanent memorial is a critical component for the community to heal, recover, and move forward. The plan to build the memorial continues to advance, with the initial design incorporating elements that will honor the victims and provide a place for survivors to heal including two granite walls with timelines representing the 12 victims, a grove of trees that pays homage to the survivors, and a large "hero" tree dedicated to the first responders. Research shows that budgets of comparable memorials are typically built with funds comprised of state, local and private support. Request: The City Council requests that the General Assembly provide $2 million to support the 5/31 Memorial. 23 - STATE BUDGET REQUEST Stormwater Operations Center Background: The City of Virginia Beach requests funding to support a first in the nation, state-of-the-art facility, to monitor city infrastructure in real time to proactively respond to and potentially prevent flooding incidents that will mitigate damage and inform the public of hazards. The project is an integral part of the continued implementation of a $500 million+ investment the City is making in flood protection and will transform the resilience of our coastal community, ecosystem, and economy to weather climate impacts. The facility will monitor stormwater conditions and the City's transportation network and flood protection infrastructure in real time and allow staff to adjust stormwater controls, manage transportation patterns, initiate emergency repairs, and make recommendations for evacuations during severe weather events. To accomplish this goal, the facility will include expanded conference and computer training rooms that will serve as the hub of the Joint Operations Center. The facility will be constructed to withstand wind, blast, and other loads based on current and projected threats. Request: The City Council requests $15 million to support the building of a first in the nation, state-of- the-art stormwater operations facility. 24 3e u z - STATE BUDGET REQUEST Virginia Aquarium & Marine Science Center Renovation/Expansion Background: The Virginia Aquarium and Marine Science Center is a jewel for both the City of Virginia Beach and the Commonwealth, providing a world class tourism attraction, exciting hands- on education opportunities for students around the region, and support for sea animal rescue and rehabilitation across much of the East Coast. It is the third most visited attraction in the Commonwealth, behind only amusement parks Kings Dominion and Busch Gardens. According to a recent economic impact analysis, the Virginia Aquarium contributes more than $277 million in economic activity each year supporting more than 3,300 jobs. These impacts provide more than $7.6 million in annual tax revenues for the City of Virginia Beach and an additional $9+ million in annual tax revenues for the Commonwealth of Virginia. Unfortunately, the infrastructure is aging and nearing the point where it needs to be replaced. For example, the main building is more than 37 years old, and the seal, turtle, and shark habitats have reached end-of-life. For the protection of these animals, the habitat must be replaced in the coming years, or the animals will have to be transferred to another facility. The Virginia Aquarium Foundation is setting course for an ambitious capital improvement project that will allow the aquarium to continue to operate and generate economic activity for the Commonwealth and keep the animals safe while expanding its footprint and creating new updated exhibits for visitors that will draw larger crowds, and economic impact, in the future. Request: The City Council requests support from the General Assembly for the Virginia Aquarium & Marine Science Center's renovation/expansion of aging infrastructure. The Virginia Aquarium would utilize resources from the Commonwealth in their overall strategy in seeking funds through the Federal Government along with City and private funding. 25 �,,99A1✓ 1 POLICY STATEMENT Short-Term Rentals Policy Statement: The City Council is opposed to any legislation that: • Compels localities to allow Short-Term Rentals (STRs) • Limits the ability of localities to regulate STRs • Overrides local authority for STR land use or planning • Limits the ability of localities to collect the appropriate taxes associated with STRs The City Council supports any legislation that: • Provides localities greater authority to enforce their zoning ordinances as they relate to STRs 26 �r � �� •, i• •ri•rrrrrrrr . .. .•• /r/r, r/1,r r� H E3 U , n R U a : 00 00 o a a :e ::, Office of the City Manager Brent McKenzie Municipal Center— Bldg 1 • Legislative Affairs Director 2401 Courthouse Drive 757-837-9572 Virginia Beach, VA 23456 bmckenzie@vbgov.com virginiabeach.gov ' 63 ITEM— VI.L.2 ORDINANCESIRESOL UTIONS ITEM#74949 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Resolution to REQUEST the General Assembly Amend the City Charter Sections 3.01, 3.01:1, 3.02:1, 3.02:2, and 3.02:3 re implement ten (10) single-member District Election System (Requested by Mayor Dyer, Vice Mayor Wilson,and Council Members Berlucchi,Remick,Ross-Hammond, Rouse, Schulman, Taylor, and Wooten) 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: Barbara M. Henley Council Members Absent: None November 14, 2023 REQUESTED BY MAYOR DYER, VICE-MAYOR WILSON, AND COUNCILMEMBERS BERLUCCHI, REMICK, ROSS-HAMMOND, ROUSE, SCHULMAN, TAYLOR, AND WOOTEN 1 A RESOLUTION TO REQUEST THE GENERAL ASSEMBLY 2 AMEND THE CITY CHARTER TO IMPLEMENT A TEN 3 SINGLE-MEMBER DISTRICT ELECTION SYSTEM 4 5 WHEREAS, in December 2021, the City Council was ordered by the Federal 6 District Court to conduct its councilmanic elections using a system that provided for ten 7 single-member districts; 8 9 WHEREAS, the order of the Federal District Court was overturned by the Federal 10 Appellate Court after the candidate petitions were completed, so the City conducted the 11 November 2022 using the ten single-member districts; 12 13 WHEREAS, the City Council authorized a public input initiative to receive feedback 14 from the residents regarding their preference for the manner of conducting future 15 elections; 16 17 WHEREAS, the Weldon Cooper Center for Public Service at the University of 18 Virginia conducted a statistically validated public opinion survey within the City, which 19 showed 81% support for a 10:1 system; 20 21 WHEREAS, the City Council adopted it decennial redistricting ordinance on August 22 15, 2023, and this ordinance uses the same 10:1 system and district boundaries that were 23 previously ordered by the District Court; and 24 25 WHEREAS, it is desirable to align the text of the City Charter to reflect the 10:1 26 system of elections that was adopted in the decennial redistricting ordinance. 27 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 29 OF VIRGINIA BEACH, VIRGINIA, THAT: 30 31 The City Council hereby requests the General Assembly amend §§ 3.01, 3.01:1; 32 3.02-1, 3.02:2, and 3.02:3 of the City Charter to implement the ten single-member district 33 of elections. The attached Exhibit A, which is incorporated herein, provides the requested 34 text of such amendment. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14 t h day of November 2023. APPROVED AS TO LEGAL SUFFICIENCY: `Ci y� orney s Office CA16199/ R-1 October 11, 2023 EXHIBIT A PROPOSED CHARTER UPDATE Sec. 3.01. Division of city into districts. A. The city shall be divided into ten single-member election seven FesideRee districts of approximately equal population which shall be numbered one through ten sever.The council shall consist of eleven members, the mayor elected at large and including the mayeF, one member to be elected by and from each of the ten single-member election districts.the city at large fFem the •a f each f the d B. The boundaries and names of such districts shall be established by ordinance en OF befeFe MaFeh 1, 1996 and theFeaf4eF the boundaries shall be adjusted periodically as may be necessary to ensure that the populations of the districts remain approximately equal. FefeFeRGIUM te be he'd en the question of whetheF the GE)LIRGil member eleetfd fFam Par'h distFiet shall be elected by the qualified YeteFS of that distriet FatheF thaR at laFge.The weFdang ef the question shall be cleteFmiped by majeFity vote ef the eity ceuneil and Shall be included OR th4—_ petitien. Upon the MiRg of the petition,the GiFGL1it eeLIFt shall erd-e-r that an adviSOFY FefeFendum be held E)A the question in the Gity at t4e Sec. 3.01:1. Implementation of districts. A. At the November 2024 May 1996 general election,the thFee members representing district 1 district 3 district 5,district 7,and the mayor shall be elected_by the eity at large from the Fesidents of the Bl r + .The terms of the members so elected shall commence January 1, 2025 and expire on December 31, 2028.july 1, 1998.The ul B. At the November 2026 general election,in May of 19981 the members representing district 2 district 4 district 6, district 8,district 9 and district 10 shall be elected. thFee shall be elected f9F teFms ef two yeaFs and the members elected at'aFge fFE)Fn distFiets numbered feu The terms of the members so elected shall commence January 1,2027, and expire on December 31 2030 C. All members shall be elected for terms of four years. Sec. 3.02:1. Election of councilmembers. , City council regular elections shall take place at November general elections ceRt*Rue OR effice until theiF successors have beeR elected at the NevembeF election and take a4iee eR januaFy i. The term ef affiee for P--;;c--h GOUREilmember shall eeFnMeRee en jaRuaFy 1 next fellewing the date of electien and shall GORtinue until his sueeesseF has beeR dUly elected and qualified. Each candidate shall state, at the time of filing,whether he is running at laFge, from the district of his residence or for mayor. Candidates for council shall be nominated only by petition in the manner prescribed by general law. Sec. 3.02:2. Election of mayor, resignation to run requirements. The mayor shall be elected at the general election in November 2008,and each fourth year thereafter,to serve for a term of four years. Candidates for mayor shall run fey GRe of the at-large seats.A candidate running for mayor shall not run for any other seat. In the event any councilmaR member, including the mayor, shall decide during his term of office to be a candidate for mayor, he shall tender his resignation as a councilrnaa member not less than ten days prior to the date for the filing of petitions as required by general law. Such resignation shall be effective on December 31, shall constitute the councilman's member's intention to run for mayor,shall require no formal acceptance by the remaining councilmen members and shall be final and irrevocable when tendered. In the event the mayor shall decide during his term of office to be a candidate for one of the single member election districts, he shall tender his resignation as mayor not less than ten days prior to the date for the filing of petitions as required by general law. Such resignation shall be effective on December 31 shall constitute the mayor's intention to run for one of the single-member election districts shall require no formal acceptance by the remaining council members and shall be final an irrevocable when tendered The unexpired portion of the term of any council member who has resigned to run for mayor or mayor who has resigned to run for one of the single-member election districts shall be filled at the same general election. Sec. 3.02:3. Reserved. 64 ITEM— VI.L.3 ORDINANCESIRESOL UTIONS ITEM#74950 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Resolution to REQUEST the General Assembly Amend the City Charter Section 8.07 re expand the Membership of the Board of Equalization (Requested by the Board of Equalization) Voting: 10-0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert Dyer,Barbara M.Henley,Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None I November 14, 2023 REQUESTED BY THE BOARD OF EQUALIZATION 1 A RESOLUTION TO REQUEST THE GENERAL ASSEMBLY 2 AMEND THE CITY CHARTER TO EXPAND THE 3 MEMBERSHIP OF THE BOARD OF EQUALIZATION 4 5 WHEREAS, the City Council held a public hearing at its October 17, 2023, meeting 6 to receive input from the residents regarding a proposed amendment to the City Charter; 7 8 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 9 OF VIRGINIA BEACH, VIRGINIA, THAT: 10 11 The City Council hereby requests the General Assembly amend § 8.07 of the City 12 Charter to expand the membership of the Board of Equalization from its present 13 membership of 4 to 5 and 1 alternate. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day of November , 2023. APPROVED AS TO LEGAL SUFFICIENCY: effy'Attor'ney's Office CA16344 R-1 October 10, 2023 65 ITEM— VI.L.4 ORDINANCESIRESOL UTIONS ITEM#74951 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council DEFERRED TO DECEMBER 5,2023,Resolution to ESTABLISH a 90-day Festival Task Force(Requested by Vice- Mayor Wilson, and Council Members Berlucchi, Remick, Ross-Hammond, and Schulman) Voting: 9-0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth" Remick, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Dr. Amelia N. Ross-Hammond November 14, 2023 66 ITEM— VI.L.5 ORDINANCESIRESOL UTIONS ITEM#74952 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE acquisition ofproperty in fee simple, either by agreement or condemnation re the Lakes—South London Bridge Creek Channels and Gate Project, CIP 100521 Voting: 10-0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent.- None November 14, 2023 I AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR THE LAKES - SOUTH LONDON BRIDGE 4 CREEK CHANNELS AND GATE PROJECT, 5 CIP 100521, EITHER BY AGREEMENT OR 6 CONDEMNATION 7 e WHEREAS, The Lakes - South London Bridge Creek Channels and Gate Project, 9 CIP 100521 (the "Project") is part of the Princess Anne Plaza, The Lakes, and Windsor 10 Woods Flood Protection Program Master Project. The Project includes the design and 11 construction of channels and a tide gate along The Lakes and Green Run canals and along 12 London Bridge Creek immediately south of and adjacent to the Lynnhaven Parkway 13 crossing; 14 15 WHEREAS, the purpose of the South London Bridge Tide Gate is to block the 16 incoming (rising) tide along West Neck Creek from entering the Project area and filling up 17 the available storage with the drainage system (pipes, canals, and lakes). The existing 18 drainage system is old, undersized, and lacks the required storage, causing significant 19 flooding to surrounding streets, highways and public and private property in storm events. 20 By eliminating the influence of the tide prior to a storm event, storage capacity is created 21 within the drainage system. Storage capacity allows the stormwater to be more effectively 22 managed, which results in flood mitigation; 23 24 WHEREAS, the Project will require property to be acquired from one commercial 25 property and two residential properties. Authority is requested to acquire the necessary 26 property by agreement and/or condemnation; and 27 28 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 29 public necessity exists for the construction of this important Project to provide flood 30 protection to the surrounding area to address flooding of public streets and highways and 31 public and private property, for the preservation of the safety, health, peace, good order. 32 comfort and convenience and for the welfare of the people in the City of Virginia Beach. 33 34 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 35 VIRGINIA BEACH, VIRGINIA: 36 37 Section 1. That the City Council authorizes the acquisition by purchase or 36 condemnation pursuant to Sections 15.2-1901 , et seq., Sections 33.2-1007 et seq., and 39 Title 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in fee 40 simple and entire tracts upon which such Project facilities shall be located, within the 41 limitations and conditions of Section 33.2-1007 of the Code of Virginia of 1950, as 42 amended (the "Property"), as shown on the plans entitled "THE LAKES—SOUTH LONDON 43 BRIDGE CREEK CHANNELS AND GATE, CIP 100521," and more particularly described 44 on the acquisition plats for the Project (plats and plans collectively referred to as the 45 "Plans"), the Plans being on file in the Engineering Division, Department of Public Works, 46 City of Virginia Beach, Virginia. 47 48 Section 2. That the City Manager is hereby authorized to make or cause to be made 49 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 50 offer to the owners or persons having an interest in the Property. If refused, if the property 51 owners are unable to convey clear title, or if the owners cannot be identified or located, the 52 City Attorney is hereby authorized to initiate, prosecute, and settle or resolve proceedings 53 to condemn to acquire title to the Property. 54 55 Adopted by the Council of the City of Virginia Beach, Virginia, on the 14 t h day of 56 November , 2023. CA 16244 R-1 \\vbgov.com\dfs1\applications\citylaw\cycom32\wpdocs\d025\p042\00914786.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM "J 1.) P BLI WORK R AL ESTATE CITY A OR EY PARTIAL PROPERTY *{ ACQUISITION FFR I PARTIAL PROPERTY `s��-fr, 3248 CREEKSIDE DRIVE) �R�OG S ACQUISITION SRO Qr (3253 CREEKSIDE DRIVE) r l Q TOTAL`PROPERTY -'; rDC\ ACQUISITION (1092 LYNNHAVEN PARKWAY) �r % r, ,r Legend GPiN Property Address Owner Zoning 1496-01-8474 1092 Lynnhaven Parkway ZAR Properties LLC B2 Q 1496-01-8474 1496-11.1463 3253 Creekside Drive Jake Maines Al2 Q1496-11-1463 1496-11-2364 3248 Creekside Drive Ronald Jackson and Azab Jackson Al2 1496-11-2364 LOCATION MAP ■ � w y r Property To Be Acquired 1496-01-8474-28,544 Sq.Ft. THE LAKES SOUTH LONDON BRIDGE CREEK IL` � Property To Be Acquired 1496-11-1463-9,179 Sq.Ft. CHANNELS AND GATE PROJECT �Property To Be Acquired 1496-11-2364-4,553 Sq.Ft. CIP: 100521Feet City Property 4 0 30 60 120 f Premed by P.W./Ena/Eno Su000rt Services Bureau 08/31/2023 X\CA \ProjectsW lesWG N A MAPS\ he Lakes South London Bridge reek\The Lakes South London Bridge Creek Aerial.mxc PARTIAL PROPERTY PARTIAL PROPERTY ACQUISITION ACQUISITION (3248 CREEKSIDE DRIVE) o / (3253 CREEKSIDE DRIVE) f TE NECK R A- TOTAL PROPERTY ACQUISITION 2e, (1092 LYNNHAVEN PARKWAY) !t I i Legend GPIN Property Address Owner Zoning 1496 01-8474 1092 Lynnhaven Parkway ZAR Properties LLC B2 1496-01-8474 1496-11-1463 3253Creekside Drive lake Maines Al2 1496-11-1463 1496-11-2364 3248 Creekside Drive Ronald Jackson and Azab Jackson Al2 Q 1496-11-2364 LOCATION MAP �l! Property To Be Acquired 1496-01-8474-28 544 Sq Ft THE LAKES SOUTH LONDON BRIDGE CREEK Property To Be Acquired 1496-11-1463-9,179 Sq.Ft, CHANNELS AND GATE PROJECT • ■Property To Be Acquired 1496-11-2364-4.553 Sq Ft CIP: 100521Feet • City Property l) 30 60 120 Prepared by P.W/Enq/Enq.SU000rt Services Bureau 08.131/2023 X ICADDIProiectsVARC FilesIAGENDA MAPS1The Lakes South London Bridge CreWThe Lakes South London Bridge Creek mxc 67 ITEM— VI.L.6 ORDINANCESIRESOL UTIONS ITEM#74953 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the acquisition of easements, either by agreement or condemnation re the Kemps Lake Water Quality Improvement Project, CIP 100567 Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. `Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None November 14, 2023 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF EASEMENTS FOR THE 3 KEMPS LAKE WATER QUALITY 4 IMPROVEMENT PROJECT, CIP 100567, 5 EITHER BY AGREEMENT OR 6 CONDEMNATION 7 s WHEREAS, the Kemps Lake Water Quality Improvement Project, CIP 100567 (the 9 "Project") is a stormwater quality project for the design and construction of water quality 10 improvements to Kemps Lake (the "Lake"), a former borrow pit that handles stormwater 11 drainage for the surrounding area; 12 13 WHEREAS, these improvements will reduce nutrients, sediment, and bacteria from 14 stormwater that discharges from the Lake into the Elizabeth River and the Chesapeake 15 Bay; 16 17 WHEREAS, the Project includes the installation of sheet piling within the Lake to 18 establish pond forebays and wetland cells in the Lake as well as aeration and shoreline 19 stabilization to meet retrofit design criteria required to treat the watershed; 20 21 WHEREAS, the acquisition of permanent easements will allow construction of the 22 Project and ongoing maintenance of the Project improvements and the Lake; and 23 24 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 25 public necessity exists for the construction of this important drainage Project; to provide 26 improvement to the water quality in the Lake and to the surrounding area, and for the 27 preservation of the safety, health, peace, good order, comfort and convenience and for the 28 welfare of the people in the City of Virginia Beach. 29 30 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 31 VIRGINIA BEACH, VIRGINIA: 32 33 Section 1. That the City Council authorizes the acquisition by purchase or 34 condemnation pursuant to Sections 15.2-1901, et seq. and 15.2-2109, and Title 25.1 of the 35 Code of Virginia of 1950, as amended, of all those certain easements (the "Property"), as 36 shown on the Project plans entitled "KEMPS LAKE WATER QUALITY IMPROVEMENT 37 PROJECT CIP# 100567" dated March 3, 2023, and more particularly described on the 38 acquisition plats for the Project (plats and plans collectively referred to as the "Plans"), the 39 Plans being on file in the Engineering Division, Department of Public Works, City of Virginia 40 Beach, Virginia. 41 42 Section 2. That the City Manager is hereby authorized to make or cause to be made 43 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 44 offer to the owners or persons having an interest in the Property. If refused, if the 45 property owners are unable to convey clear title, or if the owners cannot be identified or 46 located, the City Attorney is hereby authorized to initiate, prosecute, and settle or resolve 47 proceedings to condemn to acquire title to the Property. 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the 14 th day of 50 November 2023. CA16242 R-1 09/06/2023 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d011\p044\00911538.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICI CY AND FORM P B IC WO KS/REAL ESTATE CITY A OR Y longvp o f � • r \ � iris, I��i ■ � ♦ � lily �■, ■ 1 ` � _ A � �� , • LOCATION Legend N KEMPS LAKE WATER QUALITY RETROFIT PROJECT Project Area CIP:• „ . City Property Feet ■ •• moms :_. . 7 1. —.- BARROW-uSTNfB „� . FiE R,a..:. ...arr�• . ,lop [� lit- Vv v y S. iw� 11LLyy��U4� d LU f �!w •�` 'F .. 44, n,. T pRz 3- tc � l�'q�,�..���,/��``��rt•�f��;,.�e;* 'F `� •• Ail t AW,�,e, '1, l V T ry I v� i A�,(ra— t �r 1 R iei►n� ' - r, ' ray. ►,. '� *�.� ,>" r � ,.fit 00 ,� , • `�'QG �y>..��-�. - � ,.;�� � ,,,� s �� •,gyp .� ����:,. . � '� 7�7� ii��� �; M �"J. .11.E: !1► y , \ •" ��y_ er or ! ice4Ja t, �. 'r•1 '_' 1 rn 'Fir► ' &�`- 7 . , `lv����1► 4� i�r � �� i.�a.�""� S". �' M#i J� ��.,. , ,r �" At��',ik .. �` 3+ � "®,�. 1 LOCATION MAP ` 'r ' m` �' .: E KEMPS LAKE WATER QUALITY ' � .,r,,, �'''"7��` .�' '�1> 1�", cn Legend �"' +1�y kk�flfl� � ; rs ', RETROFIT PROJECT Project Area r f j. ►; `` ' Z4 `YNE R .,, " CIP: #100567 +. At , � A .� "r' r Feet City Property `` AL. 0 250 500 1,000 AV Prepared by P.W./Enq./Enq.Support Services Bureau 09/11/2023 X:\CADD\Projects\ARC Files\AGENDA MAPS\1467-63-5850\1467-63-5850 Aerial.mxc 68 ITEM— VI.L.7 ORDINANCESIRESOL UTIONS ITEM#74954 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the Dedication of an 8,798 square feet (0.202 acre) Utility Easement to Dominion Energy Virginia over City-Owned property at Upton DriveNimmo Parkway re provide electrical service to the facility owned and operated by Hospice House 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, Jennifer Rouse, Joashua F. "Joash"Schulman, Chris Taylor and Sabrina D. Wooten Council Members Abstaining: Vice Mayor Rosemary Wilson Council Members Absent: None November 14, 2023 1 2 AN ORDINANCE AUTHORIZING THE 3 DEDICATION OF AN 8,798 SQ. FT. 4 (0.202 ACRE) UTILITY EASEMENT TO 5 DOMINION ENERGY VIRGINIA OVER 6 CITY-OWNED PROPERTY LOCATED AT 7 UPTON DRIVE / NIMMO PARKWAY 8 (GPIN: 2414-46-0549) 9 10 WHEREAS, the City of Virginia Beach (the "City") owns a parcel of land 11 located at Upton Drive, nearthe intersection of Nimmo Parkway(GPIN: 2414-46-0549)(the 12 "Property"), 13 14 WHEREAS, the Property was acquired as part of a larger parcel in 1985 as 15 part of the Transportation Safety Improvement Project, CIP 2-024, which the project is 16 completed; 17 18 WHEREAS, the residual 1 .68+/- acres of the Property remains undeveloped 19 and lies between a shopping center to the south and a parcel the City conveyed to Hospice 20 House of Hampton Roads ("Hospice House") to the north ("HH Parcel"); 21 22 WHEREAS, Hospice House is in the process of constructing a 12-bed 23 hospice care facility on the HH Parcel and Virginia Electric and Power Company d/b/a 24 Dominion Energy Virginia ("Dominion Energy") has requested that the City dedicate an 25 8,798 sq. ft. utility easement over a portion of the Property, as shown on Exhibit A attached 26 hereto (the "Easement") to provide electrical service to the hospice care facility; and 27 28 WHEREAS, the Easement would allow Dominion Energy to install and 29 maintain underground electrical facilities that provide electrical service to the HH Parcel and 30 the shopping center. 31 32 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 33 THE CITY OF VIRGINIA BEACH, VIRGINIA: 34 35 That the City Manager is hereby authorized to execute any documents 36 necessary to dedicate the Easement to Dominion Energy over the Property, as shown on 37 the plat attached hereto as Exhibit A, and made a part hereof, and such other terms, 38 conditions and modifications as may be acceptable to the City Manager and in a form 39 deemed satisfactory by the City Attorney. 40 41 Adopted by the Council of the City of Virginia Beach, Virginia on the 14th 42 day of November , 2023. Requires an affirmative vote by three-fourths (314) of all members of City Council. CA16246 R-1 Prepared: 10/6/23 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: PUBLIC WORKS, REAL ESTATE CITY NE 0 LINE TABLE e LINE BEARING LENGTH '��'Lt N22'38'ae'E 15.00' 7' EXHIBIT A S>L2 S67'21'12'E 15.03'L3 S10'4636E 19.170S 10'45'36"E 18.08• UPTON DRIVE VARIABLE WIDTH RM (M.B.302,P.56-57) (M.B.304,P.78-79)(D.B.2466,P.1258.1260) INSTR.#202107000121 N 3,446,415.953 N 3.446.796.981 E 12 213 858.550 E 12 214 017.520 PIN FOUND STORN PIN IN CONCRETE FOUND 24'C4t0 CATCH BASIN S22'3T06'W PIN(FOUND) 175.2T Q FCLET 7 15'70 20' N 22'38'48"E I I 41Z86 I11 20'PRIVATE UTILITY EASEMENT g NOW OR FORMERLY j I I ly PLT_202107000217 VICINITY MAP R=35.00' a CITY OF VIRGINIA BEACH ' I I 1•=1000' ARC=54.7V L D.B.2466,P.1258 8 1259 I I I la j m m Q M B 27B P 92 N w 1F DOMINION ENERGY PARCEL% 1 I I i'm NTOINIA BE ACQEASEMENT UIRED $$ Bgj1g9,�PpN GPIN-2414 46 0549 I I I � VARIABLE - 019 010� DRAINAGE I ADTH CCESS ANID OP' RP��11 I II MAINTENANCE EASEMENT w NOW OR FORMERLY $ I NOW OR FORMERLY aD I INSTR.#202207000217 ^ RED MILL OUTPARCELS,LLC 15'DOMINION ENERGY i if I HOSPICE HOUSE OF 2 a INSTR. #20190528000426980 © VIRGINIA EASEMENT I I N 19'5p'd6° //''jj 122.95 N 8' f1/5�E 73.03' :� HAMPTON ROADS PARCEL Hi TO BE ACQUIRED r'lrZ1 //2 ���//�f m INSTR.t 202303001229 INSTR.11200403260048222-PLAT + 1 j�� L� ,[(L/.GPIN-2414 46 0206 E � I1 S 19°50' W 120.44' S 26' PARCELV j� 55'W 3.18 IN GPIN 2 402 2 77 0 0 2012 21 7 AV' 132. O Pf' 15,y1 X.m�p 1� '� SS' STD 14I �.O.B .i—n 1 S 19'50'46-W 113.74' S 26.26'55•W UJ 73.51' PIN(FOUND) a N N W - Z a m 1F /' 1219g x ST•16 1/ VARIABLE WIDTH PUBLIC m ,gyp '� tOS IMPOUNDMENT,DRAINAGE,ACCESS top- / AND MAINTENANCE EASEMENT V� INSTR.#202207000217� N ad _ N v/ as LU -Wg Y �. © ► ^� �0 mry �OVw_I 8 �m �wzN m mN �. -m m„ �0 �m oA'g2 wZWF'm" wQWWR w0 w Wa w0 O°° wV L) vl s` Ny ZOryg$� WV Z�e$g 2 g� 2MWgi! 1 f0 ORm�d �O O'.�g� (FOUND) O QZQo�ua OV7=; ag O�0m1-o:� uaw0--! O}.5In 2-Fae LLa.6an�ae I o'jZaogZ 0OQV10 oO�No Z oO�xo z OOa Jxo Z o� � o Z oQ� y � oQO� f� opZ� � zz mo 00 SJy � z Qo f� MONUMENTLEGEND z 2: z fr V W z z W z z W z Z p }? z' O o PIN IFI-IRON ROD FOUND 'TOTES: �0 WW— O O •PIN(P)-IRON ROD PLACED a THE HORIZONTAL DATUM FOR THIS PLAT IS BASED ON VIRGINIA STATE PLANE COORDINATE SYSTEM.SOUTH ZONE.NORTH AMERICAN DATUM 1983/1993 HARN.(U.S. SURVEY FOOT).CITY OF VIRGINIA BEACH SURVEY CONTROL DISK 2414-2 WAS USED TO ESTABLISH COORDINATES FOR THIS PROJECT, AREA TABLE DOMINION ENERGY VIRGINIA 2. THE PLAT IS INTENDED FOR ACQUISITION PURPOSES ONLY AND DOES NOT CONSTITUTE A PARCEL SQUARE FEET ACRES EASEMENT RIGHT-OF-WAY DATA PLAT SHOWING SUBDIVISION OF LAND. PROPOSED PARCEL 71,189 1.9e0 R/WPLAT. 25-23-0068 EASEMENT TO BEACOUIRED 3. THE PROPERTY LINES AND AREAS SHOWN ON THIS PLAT ARE BASED UPON AN ACTUAL 15'DOMINION ENERGY WORK REQUEST #10578741 FOR FIELD SURVEY BY TEAM FISHEL AND FROM PLATS AND DEEDS OF RECORD. VIRGINIA EASEMENT TOBEACQUIRED 8,798 0.202 GRID N1112 DOMINION ENERGY VIRGINIA 4. THIS PLAT WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. FROM UNDERGROUND EASEMENT 5. EASEMENT TO BE ACQUIRED BY DEED, THE CITY OF VIRGINIA BEACH ®DENOTES 15'DOMINION ENERGY VIRGINIA VIRGINIA BEACH.VIRGINIA EASEMENT TO BE ACQUIRED SCALE'.1'=40' AUGUST 9.2023 DIRECTOR'S DISCLAIMER AND SIGNATURE LINE 0' 40' 80' 120' BY APPROVAL,THE UNDERSIGNED DOES NOT CERTIFY AS TO THE CORRECTNESS OF THE BOUNDARY,STREETS OR OTHER LINES SHOWN ON THIS PLAT.EXISTING PUBLIC RIGHT-OF-WAY,EASEMENTS OR OTHER PUBLIC INTERESTS NOT SHOWN ON THE FISHEL COMPANY THIS PLAT REMAIN IN EFFECT AND ARE NOT TERMINATED OR EXTINGUISHED BY OMMISSION FROM THIS PUTT. DOING BUSINESS AS TEAM FISHEL 533 BYRON STREET,CHESAPEAKE.VIRGINIA 23320 APPROVED: DATE. SIGNED. DATE. SUITE C (757)547-1891 DIRECTOR OF PUBLIC WORKS,CITY OF VIRGINIA BEACH CITY SURVEYOR,CITY OF VIRGINIA BEACH etreym4da@team5ehel.com W.O.10578741 �14�t3.IlA BEA�,/S'. od City of V�r-gini - B each U sad �r 4 G` OF OUR 06%0 V13gov eom ROSEMARY WILSON PHONE:(757)422-0733 VICE MAYOR RCWiIson(d)vbgov.com COUNCIL MEMBER-DISTRICT 5 November 14, 2023 In Reply Refer to 0085350 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Virginia Code § 2.2-3115(F) Dear Mrs. Barnes: Pursuant to the Virginia Conflict of Interests Act, I make the following declarations: 1. I am executing this written disclosure regarding the City Council's consideration of an ordinance authorizing the dedication of a utility easement to Dominion Energy Virginia over City-owned property located at Upton Drive/Nimmo Parkway(GPIN 2414-46-0549). 2. 1 have a personal interest in Dominion Energy. Its corporate street address is 120 Tredegar Street, Richmond, Virginia 23219. 3. I hereby disclose this interest, and I 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, J > Gib/ Rosemary A. Wilson Vice Mayor RAW/RRI 921 ATLANTIC AVENUE,UNIT 502,VIRGINIA BEACH,VIRGINIA 23451 69 ITEM— VI.L.8 ORDINANCESIRESOL UTIONS ITEM#74955 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT,Resolution to APPROVE the issuance of Residential Care Facility Revenue Bonds by the Virginia Beach Development Authority (VBDA), not to exceed$525-Million, re Westminster-Canterbury on Chesapeake Bay Voting: 10-0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M. Henley,Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None November 14, 2023 I RESOLUTION OF CITY COUNCIL APPROVING THE 2 ISSUANCE OF RESIDENTIAL CARE FACILITY 3 REVENUE BONDS (WESTMINSTER-CANTERBURY 4 ON CHESAPEAKE BAY) 5 6 WHEREAS,the City of Virginia Beach Development Authority(the "Authority")has 7 approved the application of Westminster-Canterbury on Chesapeake Bay("Westminster- 8 Canterbury"), a Virginia nonstock corporation, whose primary business address is 3100 9 Shore Drive, Virginia Beach, Virginia 23451 (the "Community") requesting that the 10 Authority issue up to $525,000,000 of its revenue bonds in one or more series at one time 11 or from time to time (the "Bonds") and loan the proceeds of the Bonds to Westminster- 12 Canterbury in order: 13 14 (1) to finance and refinance the costs of demolition of existing structures and 15 the acquisition, design, construction and equipping of an up to 22-story building 16 containing approximately 226 independent living units; indoor and outdoor dining space; 17 a movie theater; a rooftop deck with a pool and pickleball court;a five-level parking garage 18 and other amenities to be located on or in close proximity to 3100 Shore Drive, Virginia 19 Beach, Virginia 23451; 20 21 (2) to refinance the existing debt associated with the acquisition of the four- ' 22 story senior living facilities commonly known as Opus Select, and located at and around 23 3317 Ocean Avenue, Virginia Beach, Virginia 23451; 24 25 (3) to finance and refinance other capital projects at Westminster-Canterbury's 26 existing community all within the existing structures or existing parking facilities located 27 at the community (which is located in and around the addresses stated above) and 28 amounts required for reserves,working capital, capitalized interest, costs of issuance and 29 other financing expenses related to the issuance of the Bonds. Items (1) and (2) are 30 collectively referred to as the "Plan of Finance"; 31 32 WHEREAS,the Authority held a public hearing on October 17, 2023, regarding the 33 Plan of Finance; 34 35 WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended 36 (the "Code"), provides that the governmental unit having jurisdiction over the issuer of 37 private activity bonds and over the area in which any facility financed with the proceeds 38 of private activity bonds is located must approve the issuance of the bonds and Section 39 15.2-4906 of the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2, 40 Code of Virginia of 1950, as amended (the "Act"), sets forth the procedure for such 41 approval; 42 43 WHEREAS, the Authority issues its bonds on behalf of the City of Virginia Beach, 44 Virginia (the "City"), and the facilities to be financed and refinanced with the proceeds of 45 the Bonds are located in the City and the City Council of the City of Virginia Beach, 46 Virginia (the "Council"), constitutes the highest elected governmental unit of the City; 47 WHEREAS, the Authority has recommended that the Council approve the Plan of 48 Finance and the issuance of the Bonds; and 49 50 WHEREAS, a copy of the Authority's inducement resolution approving the 51 issuance of the Bonds, subject to the terms to be agreed upon, and a certificate of the 52 public hearing have been filed with the Council. 53 54 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 55 OF VIRGINIA BEACH, VIRGINIA: 56 57 1. The Council hereby approves the issuance of the Bonds, in an aggregate 58 principal amount up to $525,000,000, by the Authority for the benefit of Westminster- 59 Canterbury, solely to the extent required by Section 147(f)of the Code and Section 15.2- 60 4906 of the Act, to permit the Authority to assist in accomplishing the Plan of Finance. 61 62 2. The approval of the issuance of the Bonds does not constitute an 63 endorsement to a prospective purchaser of the Bonds of the creditworthiness of the Plan 64 of Finance or Westminster-Canterbury. In accordance with Chapter 643 of the Acts of 65 Assembly of 1964, as amended, the Bonds shall not be deemed to constitute a debt or a 66 pledge of the faith and credit or taxing power of the Commonwealth of Virginia or any 67 political subdivision thereof, including the Authority and the City. 68 69 3. This resolution shall take effect immediately upon its adoption. 70 71 Adopted by the City Council of the City of Virginia Beach, Virginia, on 14 t h of November 72 , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Economic evelop nt City Attorney CA16246 1\vbgov.comldfs 1lapplicationslcitylawlcycom321wpdocs1d0051p042100 80 1 9 32.docx R-1 October 23, 2023 2 CERTIFICATE The undersigned Secretary of the City of Virginia Beach Development Authority (the "Authority"), hereby certifies as follows: 1. A meeting of the Authority was duly called and held on Tuesday,October 17,2023, at 8:30 a.m. before the Authority in the Authority's offices located at 4525 Main Street, Suite 700, Virginia Beach, Virginia 23462, pursuant to proper notice given to each Commissioner of the Authority before such meeting. The meeting was open to the public. The time of the meeting and the place at which the meeting was held provided a reasonable opportunity for persons of differing views to appear and be heard. 2. The Chair announced the commencement of a public hearing on the application of Westminster-Canterbury on Chesapeake Bay,a Virginia nonstock corporation organized under the laws of the Commonwealth of Virginia, and that a notice of the hearing was published once in a newspaper having general circulation in the City of Virginia Beach, Virginia(the "Notice"), with the publication appearing not less than seven days prior to the hearing date. A copy of the Notice is attached and has been filed with the minutes of the Authority and is attached as Exhibit A. 3. A summary of the statements made at the public hearing is attached as Exhibit B. 4. Attached as Exhibit C is a true, correct and complete copy of the inducement resolution (the "Resolution") adopted at such meeting of the Authority by a majority of the Commissioners present at such meeting. The Resolution constitutes all formal action taken by the Authority at such meeting relating to matters referred to in the Resolution. The Resolution has not been repealed,revoked,rescinded or amended and is in full force and effect on this date. WITNESS my hand and the seal of the Authority, as of October 17, 2023. Secretary, City of Virginia ;each Development Authority [SEAL] Exhibits: A - Copy of Certified Notice B - Summary of Statements C -Approving Resolutions VIRGINIA M E n 1 A Sold To: McGuire Woods LLP-C000009970 800 E Canal St,16th Floor Richmond,VA 23219-3916 Bill To: McGuire Woods LLP-C000009970 800 E Canal St,16th Floor Richmond,VA 232 1 9-3 9 1 6 Affidavit of Publication State of Illinois County of Cook Order Number:7511986 Purchase Order:7511986 WCCB 2023-Notice of This day,Jeremy Gates appeared before me and,after being duty sworn,made oath that: 1)He/she is affidavit clerk of The Virginian Pilot,a newspaper published by Virginian-Pilot Media Companies,LLC in the city of Norfolk,Portsmouth,Chesapeake.Suffolk and Virginia Beach and the Commonwealth of Virginia and in the state of North Carolina. 2)That the advertisement hereto annexed has been published in said newspaper on the dates stated below 3)The advertisement has been produced on the websites classifieds.pilotonline.com and https:/Avww.publicnoticevirginia.com Published on:Oct 10 2023. Jeremy Gates Subscribed and sworn to before me in my city and state on the day and year aforesaid this 10 day of October,2023 My commission expires July 6,2025 31A Notary Igne _____. .wi.A.i .i MA JU Oftal S" 7 AA1k-state of ltttulll my comminisslw IExpim ill b,ion lip- — I W -qvp 6 Notary Stamp C$� VIRGINIA MEDIA NOTICE OF PUBLIC HEARING ON PROPOSED REVENUE BOND FINANCING BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY ON THE ISSUANCE OF UP TO $523,000,000 OF ITS REVENUE BONDS FOR THE BENEFIT OF WESTMINSTER-CANTERBURY ON CHESAPEAKE BAY Notice Is hereby given that the City o1 Virginia Beach Development Author- ity,(the 'Authority'),will hold a public hearing on the application of West- minster,Centerbury on Chesapeake Bay, a Virginia nonstock corporation ("WestminsterCanterbury'), whose address Is 3i00 Shore Drive,Virginia Beach,Virginia 23451,requesting the Authority Issue up to $525,000,000 of its tax-exempt revenue bonds (the 'Bands"),in one or more series from time to time to finance the plan of fi- nance described below(the'Plan of R- nance').The Bonds are expected to be Issued as qualified 501(c)(3)bonds as defined in Section 145 of the internal Revenue Code of 1966,as amended. The Authority will loan the proceeds of the Bonds to Westminster-Canterbury: (1)to finance and refinance the casts of demolition of existing structures and the acquisition,design,construc- tion and equipping of an up to 22-story building containing approximately 226 Independent living units; Indoor and outdoor dining space;a movie theater; a rooftop deck with a pool and pickle- ball court; a five-level parking garage and other amenities to be located on or In close proximity to 3100 Shore Drive,Virginia Beach,Virginia 23451 (the'New Money Project'); (2)to refinance the existing debt asso- ciated with the acquisition of the four- story senior living facilities commonly known as Opus Select,and located at and around 3317 Ocean Avenue,Vir- glnla Beach,Virginia 23451(the`Refi- nancing Protect');and (3) to finance and refinance other capital protects at Westminster-Can- terbury's existing community all within the existing structures or existing park- ing facilities located at the community (which Is located In and around the addresses stated above)and amounts required for reserves,working capital, capitalized Interest,costs of issuance and other financing expenses related to the Issuance of the Bonds. The amount of Bonds expected to be Issued for the New Money Prot- ect and the Refinancing Protect is $475,000,000 and $50,000,000,re- spectively. Westminster-Canterbury expects to own and operate all protects being fi- nanced as part of the Plan of Finance. THE ISSUANCE OF THE BONDS AS REQUESTED BY WESTMINSTER- CANTERBURY WILL NOT COW STITUTE A DEBT OR PLEDGE OF THE FAITH AND CREDIT OF THE COMMONWEALTH OF VIRGINIA OR ANY OTHER POLITICAL SUB- DIVISION THEREOF, INCLUDING THE AUTHORITY AND THE CITY OF VIRGINIA BEACH VIRGINIA AND NEITHER THE FAITH AND &EDIT NOR THE TAXING POWER OF THE C$�_ VIRGINIA MEDIA I.UMMUISMALIM Ut VIKtANIA OR ANY POLITICAL SUBDMSION THEREOF, INCLUDING THE CITY OF VIRGINIA BEACH VIRGINIA, WILL BE PLEDGED Tb THE PAY- MENT OF SUCH BONDS BUT WILL BE PAYABLE SOLELY FROM THE REVENUES DERIVED FROM WESTMINSTER-CANTERBURY AND PLEDGED TO THE PAYMENT THEREOF. The public hearing, which may be continued or adjourned, will be held at 8:30 a.m.on Tuesday,October 17, 2023,before the Authority,in the Au- thoritys offices located at 4525 Main Street,Suite 700,Virginia Beach,V1r- ginla 23462.Ary person Interested In the Issuance of the Bonds may appear at the hearing and present his or her views.Information regarding Westmin- ster-Canterbury's request Is on file and Is open for Inspection at the Authoritys office at 4525 Main Street,Suite 700, Virginle Beach,Virginia 23462 during business hours. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY OCTOBER 10,2023-7511986 EXHIBIT B SUMMARY OF STATEMENTS A representative of counsel for Westminster-Canterbury on Chesapeake Bay appeared before the Authority to describe the project and the proposed bond issue. No one appeared in opposition to the proposed bond issue. EXHIBIT C RESOLUTION OF THE CITY OF VIRGE4IA BEACH DEVELOPMENT AUTHORITY AUTHORIZING THE ISSUANCE AND SALE OF REVENUE BONDS IN AN AMOUNT NOT TO EXCEED $525,000,000 FOR THE BENEFIT OF WESTMINSTER- CANTERBURY ON CHESAPEAKE BAY WHEREAS, the City of Virginia Beach Development Authority (the "Authority"), a political subdivision of the Commonwealth of Virginia(the"Commonwealth"),is empowered by Chapter 643 of the Acts of Assembly of 1964,as amended(the"Act"),to issue its revenue bonds to protect and promote the health and welfare of the inhabitants of the Commonwealth by assisting in the financing and refinancing of medical facilities and facilities for the residence or cane of the aged, owned and operated by organizations which are exempt from federal income taxation pursuant to Section 501(c)(3)ofthe Internal Revenue Code of 1986,as amended(the"Code");and . WHEREAS, the Authority has received a request from Westminster-Canterbury on Chesapeake Bay,a Virginia nonstock corporation("Westminster-Canterbury"), whose address is 3100 Shore Drive,Virginia Beach, Virginia 23451, requesting the Authority to issue and sell its revenue bonds(the"Bonds")from time to time and in one or more series, pursuant to the Act,to provide funds to Westminster-Canterbury: (1) to finance and refinance the costs of demolition of existing structures and the acquisition, design, construction and equipping of an up to 22-story building containing approximately 226 independent living units; indoor and outdoor dining space; a movie theater, a rooftop deck with a pool and pickleball court; a five-level parking garage and other amenities to be located on or in close proximity to 3100 Shore Drive,Virginia Beach,Virginia 23451; (2) to refinance the existing debt associated with the acquisition of the four-story senior living facilities commonly known as Opus Select, and located at and around 3317 Ocean Avenue, Virginia Beach,Virginia 23451;and (3) to finance and refinance other capital projects at Westminster-Canterbury's existing community all within the existing structures or existing parking facilities located at the community (which is located in and around the addresses stated above) and amounts required for reserves, working capital, capitalized interest, costs of issuance and other financing expenses related to the issuance of the Bonds. Items(1)and(2)are collectively referred to as the"Plan of Finance"; and WHEREAS,on October 17,2023,an inducement resolution was adopted by the Authority and a public hearing was held as required by Section 147(f)of the Code,and Section 15.2-4906 of the Code of Virginia of 1950,as amended(the"Virginia Code"); and WHEREAS, the Authority desires to authorize the issuance of the Bonds, and the documents evidencing and securing the Bonds, subject to the approval of the City Council of the City of Virginia Beach, Virginia (the "Council"), as required by Section 15.2-4906(C) of the Virginia Code; and WHEREAS,the Authority may issue one or more series of Bonds under one or more Bond Purchase and Loan Agreements (each a "Bond Purchase and Loan Agreement"), among the Authority, Westminster-Canterbury and a lender chosen by Westminster-Canterbury (each a 179423172.5 "Lender"), and the Lender will loan the proceeds of each series of Bonds to the Authority under the respective Bond Purchase and Loan.Agreement. The Authority will loan the proceeds of the Bonds to Westiinster-Canterbury under such Bond Purchase and Loan Agreements, and Westminster-Canterbury will apply the proceeds under the terms of such Bond Purchase and Loan Agreements to undertake the Plan of Finance;and WHEREAS, to evidence Westminster-Canterbury's obligations under the Bond Purchase and Loan Agreements,Westminster-Canterbury will execute and deliver one or more promissory notes to secure the applicable series of Bonds(each a"BPLA Note*); and WHEREAS,the Authority may also issue one or more series of Bonds under one or more Bond Trust Indentures(each a"Bond Indenture"),between the Authority and a bond trustee to be selected by Westminster-Canterbury(the"Bond Trustee"); and WHEREAS,the Authority will loan the proceeds of the Bonds to Westminster-Canterbury under one or more Loan Agreements (each a "Loan Agreement"), between the Authority and Westminster-Canterbury; and WHEREAS, to evidence Westminster-Canterbury's obligations under the Loan Agreements, Westminster-Canterbury will execute and deliver one or more promissory notes to secure the applicable series of Bonds(each a "LA Note" and together with the BPLA Notes,the "Notes"); and WHEREAS,the Bonds issued under a Bond Indenture are expected to be offered for sale by B.C. Ziegler and Company ("Ziegler"), or a group of underwriters managed by such firm (collectively the "Underwriters"), under one or more Bond Purchase Agreements (each a "Bond Purchase Agreement") dated the date of its execution and delivery, among the Authority, Westminster-Canterbury and Ziegler on behalf of itself or as a representative for the Underwriters; and WHEREAS, the Bonds offered for sale by the Underwriters will be accompanied by a disclosure document in the form of an official statement in preliminary form to be dated the date of its delivery(the"Preliminary Official Statement"),prepared under the direction of Westminster- Canterbury in connection with the offering and sale of those series of Bonds;and WHEREAS,there have been presented to this meeting preliminary forms of the following instruments (the "Authority Documents") which the Authority, if a party thereto, proposes to execute or approve to carry out the transactions described above,copies of which instruments shall be filed with the records of the Authority: (a) a Bond Purchase and Loan Agreement,including the forms of the Bonds; (b) a BPLA Note,with the Authority's assignment thereof, (c) a Bond Indenture,including the forms of the Bonds; (d) a Loan Agreement; -2- (e) a LA Note,with the Authority's assignment thereof; (f) a Bond Purchase Agreement;and (g) a Preliminary Official Statement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY: 1. The Authority hereby finds and determines that the Plan of Finance will be in the public interest and will promote the commence,safety,health,welfare, convenience or prosperity of the Commonwealth,and.the City of Virginia Beach,Virginia(the"City")and their citizens and in particular will promote the provision of health care facilities and other facilities for the residence and care of the aged in accordance with their special needs. 2. The issuance of the Bonds in one or more series,to be styled the"City of Virginia Beach Development Authority, Residential Care Facility Revenue Bonds (Westminster- Canterbury on Chesapeake Bay)" (with an appropriate series designation) for the purpose of financing the costs associated with the Plan of Finance is hereby authorized and approved,subject to the approval of the Council, as required by Section 15.24906(C)of the Virginia Code. 3. The Bonds shall be issued in an aggregate principal amount not to exceed $525,000,000, shall have a maximum initial interest rate of not more than 8.00% (whether such bonds are fixed or variable rate bonds),shall mature no later than 40 years from their issuance,and shall be substantially in the form attached as an exhibit to the Bond Indenture or the Bond Purchase and Loan Agreement, as applicable, and shall be issued upon the terms set forth in the Bond Indenture or the Bond Purchase and Loan Agreement,as applicable. 4. The Bonds and the other Authority Documents are hereby approved in substantially the forms submitted to this meeting, with such changes as may be approved, with the advice of counsel to the Authority, by the Chair or Vice Chair of the Authority, whose approval shall be evidenced conclusively by the execution and delivery of the Authority Documents. 5. The execution, delivery and performance by the Authority of the Authority Documents are hereby authorized and approved. The execution of the Bonds and delivery against payment therefor,the amount of such payment to be disbursed in accordance with the terms of the Bond Indenture or the Bond Purchase and Loan Agreement,as applicable,are authorized. 6. The Chair and the Vice Chair of the Authority, either of whom may act, are each authorized to execute, on behalf of the Authority,the Bonds and the other Authority Documents, and, if required, the Secretary and Assistant Secretary of the Authority, either of whom may act, are each authorized to affix the seal of the Authority to the Bonds and the other Authority Documents(as needed) and to attest such seal. 7. The use and distribution by the Underwriters of the Preliminary Official Statement in the form on file with the Authority are in all respects authorized, ratified and approved. For purposes of Rule 15c2-12 of the Securities and Exchange Commission("Rule 15c2-12"),the Chair or Vice Chair of the Authority, either of whom may act, are authorized to deem the Preliminary -3- Official Statement relating to the Bonds final except for information permitted to be omitted under paragraph(b)(1)of such Rule. The Chair and Vice Chair of the Authority, either of whom may act,are authorized and directed to execute and deliver the Authority's approval of the final official statement (the "Official Statement") upon approval of its form, terms and conditions. Such officer's execution shall constitute conclusive evidence of his approval of such form, terms and conditions. Execution of the final Official Statement shall constitute conclusive evidence that the Official Statement has been deemed final within the meaning of Rule 15e2-12, 8. The use and distribution by the Underwriters of the Official Statement are hereby authorized and approved. The Official Statement shall be in substantially the form of the Preliminary Official Statement submitted to this meeting, which is hereby approved, with such completions, omissions, insertions and changes as may be approved by the Chair or Vice Chair, either of whom may act, and whose execution thereof shall constitute conclusive evidence of his or her approval of such form,terms and conditions. 9. The Chair and the Vice Chair of the Authority, either of whom may act, are authorized to execute and deliver on behalf of the Authority such instruments, documents or certificates, including but not limited to a tax compliance certificate and an Internal Revenue Service Form 8038, and to do and perform such things and acts, as they shall deem necessary or appropriate to carry out the transactions authorized by this Resolution or contemplated by the Bonds, the other Authority Documents or such instruments, documents or certificates, and all of the foregoing,previously done or performed by such officers of the Authority, are in all respects approved and confirmed. 10. Each officer of the Authority is authorized to execute and deliver on behalf of the Authority such instruments,documents or certificates,and to do and perform such things and acts, as he or she deems necessary or appropriate to carry out the transactions authorized by this Resolution or contemplated by the Bonds, the other Authority Documents or such instruments, documents or certificates, and all of the foregoing,previously done or performed by such officers of the Authority, are in all respects approved,ratified and confirmed. 11. The Bonds and the other Authority Documents shall provide that neither the Commonwealth nor any political subdivision thereof, including the Authority and the City, shall be obligated to pay the obligations under the Bonds and the other Authority Documents except from the revenues,receipts and payments pledged therefor,and that neither the faith and credit nor the taxing power of the Commonwealth or any political subdivision thereof, including the Authority and the City, is pledged to the payment of such obligations. All costs and expenses of the Authority in connection with the issuance of the Bonds and actions taken pursuant to this Resolution, including the fees and expenses of counsel to the Authority, will be paid by Westminster-Canterbury or paid from the proceeds of the Bonds. 12. The Authority determines that the issuance of the Bonds in accordance with the terms of the Bond Indenture or the Bond Purchase and Loan Agreement, as applicable, and all actions of the Authority contemplated thereunder will be in furtherance of the purposes for which the Authority was organized. -4- 13. No Bonds may he issued pursuant to this Resolution until such time as the issuance of the Bonds has been approved by the Council. 14. Subject to paragraph 13, this Resolution shall take effect immediately upon its adoption. -5- CERTIFICATE The undersigned Secretary of the City of Virginia Beach Development Authority (the "Authority"),hereby certifies that the foregoing is a true,correct and complete copy of a resohrtion adopted by a majority of the Commissioners of the Authority at a meeting duly called and held on October 17,2023,in accordance with law,and that such resolution has not been repealed,revoked, rescinded or amended but is in full fore and effect on the date hereof. WITNESS the following signature and seal of the Authority as of October 17,2023, z:z V/� /�/) Secretary, City of Virginia each Development Authority [SEAL] APP VED AS TO CONTENT- nomic Develop a APPROVED AS TO LEGAL SUFFICIENCY: City Attorney EXHIBIT D s VIRGINIA BEACH CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY $525,000,000 RESIDENTIAL CARE FACILITY REVENUE BONDS WESTMINSTER-CANTERBURY ON CHESAPEAKE BAY The City of Virginia Beach Development Authority(the"Authority")recommends approval of the above-captioned financing. Westminster-Canterbury on Chesapeake Bay's residential facilities continue to promote industry,commerce and trade within the City of Virginia Beach. Financing provided by the Authority will assist an existing life-care facility to remain current in meeting new market demands for its services,maintain its substantial employment census, increase its revenues and add to the City's economic tax base. 4525 Main Street, Suite 700,Virginia Beach,VA 23462/(757)385-6464 EXHIBIT E Economic Impact Statement 1. Amount of Investment $525.000.000 2. Amount of industrial revenue bond financing sought 525.000.000, 3. Estimated taxable value of the facility's real property to be constructed in the City of Virginia Beach $279.94D_ 4. Estimated real property tax per year using the $1.147,482 (includes personal present tax rate property taxes) 5. Estimated personal property tax 6. Estimated impact statement demonstrating the overall return to the City: A. Number of new jobs .. (FTEs) 53 B. Payroll generated $2,686,917 Avg Wage$25 05 With benefits $ 3,492,994 Avg Wage 31.75 C. Number of jobs retained] (FTEs) 410 D. Payroll retained $ 30,180,466 Avg Wage$ With benefits $ 35-274,229 Avg Wage S_41.40 E. Estimate the value of goods and services purchased within the geographic boundary of Virginia Beach by type(Inventory, Machinery,Professional Services, Insurance, Motor Vehicles, etc.): Tyne—New Proiect Only Value Food supplies $ 1 489.280 Other supplies and services _ $ 2,584 660 Utilities $ I-11., t0 Insurance $ 1,372,668 , All Other Total.$ 6.480.518 Tvpe—Total, to include existinu,ops Value Food suivlies $ 5.201.911 Other suplalies_and services _ $ 17,537.044 Utilities $ ? '�o. Insurance $ 3,189.134. _ Other Professional Fees $ 601 580 Page 1 of 2 *All information in the Economic Impact Statement,except Items 1 and 2,relate to the new Independent Living project. If additional information is required for Opus Select,please let us know. Economic Impact Statement Training,Travel,Recruitment $ All Other $ Total$ 29.756,919(includes salary, benefits,taxes) F. Estimated building permit fee and other municipal fees permit/fees $ Gross Receipt tax $ $486,000 for permits G. Estimated construction payroll $ See Attachment A_for construction budget. Please let us know if additional information is required. H. Estimated value of construction material to be purchased within the City of Virginia Beach $ See Attachment A for construction budget.Please let usInow i?a—d ltd`Tonal information is required 1. Estimated number of construction jobs 505 J. Any other items which the applicant feels the Authority should be made aware of in evaluating the project 7. is the site currently zoned for the use being proposed for the industrial revenue bond financing? X Yes--No 8. Has a bond purchase agreement/commitment been accepted by the applicant? (attach a copy) _Yes_X_No. 9. Will the bond financing close within 90 days from the date of adoption of the inducement resolution? X Yes No. 10. Location of project(attach location map) mac- See Attachmem-B 11. Explanation of alternative financing that has been reviewed for the project_ N/A Page 2 of 2 70 ITEM— VI.L.9 ORDINANCESIRESOL UTIONS ITEM#74956 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE an Agreement to join the Eastern Virginia Regional Industrial Facility Authority(EVRIFA)re promote the City's economic growth and development Voting: 10-0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None November 14, 2023 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE AN AGREEMENT 3 TO JOIN THE EASTERN VIRGINIA REGIONAL 4 INDUSTRIAL FACILITY AUTHORITY 5 6 WHEREAS, a regional industrial facility authority is a mechanism created by the 7 Virginia Regional Industrial Facilities Act, Chapter 64, Title 15.2, §15.2-6400, et seq., 8 Code of Virginia, 1950, as amended (the "Act") for localities in the same region to 9 cooperate in the development of facilities and share in the revenue generated by such 10 development projects; 11 12 WHEREAS, pursuant to the Act, in 2018, the counties of Gloucester, James City 13 and York, along with the cities of Hampton, Newport News, Poquoson and Williamsburg 14 established the Eastern Virginia Regional Industrial Facility Authority ("EVRIFA"); 15 16 WHEREAS, subsequently, the cities of Chesapeake and Franklin, along with Isle 17 of Wight County,joined EVRIFA; 18 19 WHEREAS, as set forth in the agreement creating EVRIFA, other localities within 20 the region, including the City of Virginia Beach (the "City") may be admitted to EVRIFA 21 after that locality adopts an Ordinance requesting admission and the board of EVRIFA 22 approves the locality's admission; 23 24 WHEREAS, the City's participation in any project or development through EVRIFA 25 would require the approval of City Council and there is no requirement to participate in 26 any project nor is there a penalty or adverse consequences if Council chooses not to 27 participate in a project; and 28 29 WHEREAS, City Council acknowledges that the purpose of a regional industrial 30 facility authority is to enhance the economic base for its member localities by developing, 31 owning and operating one or more facilities on a cooperative basis involving its member 32 localities. 33 34 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 35 VIRGINIA. 36 37 1. That the City of Virginia Beach hereby joins the EVRIFA, subject to the 38 approval of Virginia Beach's admission by the Board of EVRIFA. 39 40 2. The City of Virginia Beach finds that joining EVRIFA will promote the 41 economic growth and development of Virginia Beach; that the comfort, convenience and 42 welfare of its citizens require the development of facilities; and that joint action through 43 EVRIFA will facilitate the development of needed facilities. 44 45 3. The City Manager, or his designee, is hereby authorized to execute such 46 agreements as are necessary to effectuate the joinder of EVRIFA by the City of Virginia 47 Beach and establish the respective rights and obligations of the member localities with 48 respect to EVRIFA, so long as such agreement is consistent with the Act, and in a form 49 deemed acceptable by the City Manager and in a form deemed satisfactory by the City 50 Attorney. 51 52 4. The City Manager is authorized to use $6,500 of the Department of 53 Economic Development's Operating Budget to finalize joinder of EVRIFA. 54 55 Adopted by the Council of the City of Virginia Beach, Virginia, on the 14 t h day of 56 November , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY. .... Econo6:k De'velopment City Attorney CA16253 \\vbgov.00m\dtsI\apdicat ion slcityta m321vrpdocsld0251pM10 0 92 2 3 07.docz R-1 November 8, 2023 71 ITEM— VI.L.10 ORDINANCESIRESOL UTIONS ITEM#7495 7 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into a portion of a 15 foot unimproved City-Owned property right-of-way known as Ocean Shore Avenue re construct and maintain a gravel driveway, and a concrete City-standard driveway apron and to encroach into a portion of City- Owned public right-of-way known as First Landing Lane, located at the front of 2592 Ocean Shore Avenue -District 8 Voting: 10-0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None November 14, 2023 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF A 15' UNIMPROVED 6 CITY-OWNED RIGHT-OF-WAY KNOWN 7 AS OCEAN SHORE AVENUE AND TO 8 ENCROACH INTO A PORTION OF A 9 CITY-OWNED RIGHT-OF-WAY KNOWN 10 AS FIRST LANDING LANE, LOCATED AT 11 THE FRONT OF 2592 OCEAN SHORE 12 AVENUE 13 14 WHEREAS, Gian Petersen (the "Applicant") has requested permission to 15 construct and maintain a 9' wide gravel driveway, and a 7" thick concrete City standard 16 driveway apron (collectively, the "Temporary Encroachment") into a portion of a 15' 17 unimproved City-owned right-of-way known as Ocean Shore Avenue and to encroach into 18 a portion of a City-owned public right-of-way known as First Landing Lane, located at the 19 front of 2592 Ocean Shore Avenue; and 20 21 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 22 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 23 the City's rights-of-way subject to such terms and conditions as Council may prescribe. 24 25 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 29 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Gian Petersen, her heirs, 30 assigns and successors in title are authorized to construct and maintain a 9' wide gravel 31 driveway, and a 7" thick concrete City standard driveway apron into a portion of a 15' 32 unimproved City-owned right-of-way known as Ocean Shore Avenue and to encroach into 33 a portion of a City-owned right-of-way known as First Landing Lane as shown on the map 34 entitled: "OCEAN SHORE DUPLEX OCEAN SHORE AVENUE, LOT 2, BLK 4 SECTION G, 35 CAPE HENRY FOR GIAN PETERSEN EXHIBIT"A"—ENCROACHMENT REQUEST FOR 36 A PROPOSED PRIVATE DRIVEWAY INTO A 15' UNIMPROVED ROW AND A 37 PROPOSED DRIVEWAY APRON INTO FIRST LANDING LANE," Scale: 1" = 20', dated 38 August 18, 2023, prepared by WPL, a copy of which is attached hereto as Exhibit "A" and 39 on file in the Department of Public Works and to which reference is made for a more 40 particular description; 41 42 BE IT FURTHER ORDAINED, that the Temporary Encroachment is 43 expressly subject to those terms, conditions and criteria contained in the agreement 44 between the City of Virginia Beach and the Applicant (the "Agreement"), an unexecuted 1 45 copy of which has been presented to the Council in its agenda, and will be recorded among 46 the records of the Clerk's Office of the Circuit Court of the City of Virginia Beach-, 47 48 BE IT FURTHER ORDAINED, that the City Manager or his authorized 49 designee is hereby authorized to execute the Agreement; and 50 51 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 52 such time as Gian Petersen and the City Manager or his authorized designee execute the 53 Agreement. 54 55 Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th 56 day of November 2023 57 58 59 60 CA16072 R-2 Prepared: 10/11/23 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: P . B IC WORKS, REAL ESTATE 4KR. kAkMEYER NIOR CITY ATTORNEY 2 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 23 day of 202 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and GIAN PETERSEN, HER 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 "2", BLK "4", as shown on that certain plat entitled: "MAP OF SECTION G CAPE HENRY PRINCESS ANNE CO, VA.," Scale: 1" = 100', dated March 17, 1926, prepared by S.W. Armistead C.E., which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 7, at page 142, and being further designated, known, and described as 2592 Ocean Shore Avenue Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain a 9' wide gravel driveway, and a 7" thick concrete City standard driveway apron, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of a 15' unimproved City-owned right-of-way known as Ocean Shore Avenue and to encroach into a portion of a City- owned right-of-way known as First Landing Lane, collectively, the "Encroachment Area"; GPIN: 15' UNIMPROVED CITY RIGHT OF WAY KNOWN AS OCEAN SHORE AVENUE (NO GPIN) AND FIRST LANDING LANE (NO GPIN) 1590-62-4265 (2592 OCEAN SHORE AVENUE) 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: "OCEAN SHORE DUPLEX OCEAN SHORE AVENUE, LOT 2, BILK 4 SECTION G, CAPE HENRY FOR GIAN PETERSEN EXHIBIT "A" — ENCROACHMENT REQUEST FOR A PROPOSED PRIVATE DRIVEWAY INTO A 15 UNIMPROVED ROW AND A PROPOSED DRIVEWAY APRON INTO FIRST LANDING LANE," Scale: 1" = 20', dated August 18, 2023, and prepared by WPL, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and 2 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 submit and have approved a traffic control plan before commencing work in the Encroachment Area. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division of the Department of Public Works, for final approval. 3 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 4 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, GIAN PETERSEN, 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. 5 CITY OF VIRGINIA BEACH By: (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 202_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 202_, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 Gian Petersen STATE OF VIRGINIA,/ d& , CITY/COUNTY OF YGL ay } , to-wit: The foregoing instrument was acknowledged before me this 2 day of C{ , 202 7-), by Gian Petersen. i(�11, (SEAL) lqo—tt P bli Notary Registration Number: 8U-S29 4 c My Commission Expires: 5131 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL NCY AND FORM PURLIIC WORK /R AL ESTATE ZDA . HARM15YEff_ SENIOR CITY ATTORNEY 7 o SANITARY SEWERWATER VAL VE \�o o) MANHOLE �--j3 DO' y INSTALL CITY STANDARD DR/VEWA Y APRON. 3000 PSI CLASS A-3 CONCRETE. o_ 7"THICK/N THE RIGHT-OF-WA Y(CITY FIRST 2 STANDARD DETAIL D-5) �` �40'PUBL/C ND//VG'A �' � J R/Gy7: � w OK7PAGE OF-�YAY Li. NOTES �P'AGE 142) U 1. THIS EXHIBIT IS A RESULT OF FIELD *AM p TIES TO EXISTING MONUMENTS ~ COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN Zlo POWER POLE J HEREON AND DOES NOT a CONSTITUTE A BOUNDARY SURVEY. a p �.00, o 2. THE CITY OF VIRGINIA BEACH IS NOT ? ' ; Uj RESPONSIBLE FOR VERIFICATION OF 9.Lf0' O RESTRICTIONS REQUIRED BY OTHER 3.00' LOT 1 `n ASSOCIATIONS OR AGENCIES. � TOTAL Z ENCROACHMENT U I = 1,284 SF O PROPOSED 9'W/DE GR4 VEL DR/VEWA Y (LEAVE EXISTING SERVICABLE GR4 VEL i\—EXISTING 6" C.I. _ DRIVE ALONG THE FRONTA GE OF L 0 T 1) ' WATER MAIN Ln v I N EXISTING 6" D.I.P. POWER POLE SEWER MAIN , N LOT5 EXISTING 0/H S60 00 00"I SCO WIRES RIM 10. 7 — INV. 8.20 0 20 WU-, LU a ^vvs pr fprmerly LTH O LLB Z Q J L, ' o c✓ L oce,on shore avenu6 O F O LOT2 lot bic-A 4, � syctia�,n q z �. he nry r O b c�q. 14�) 1340 BRAD MARTIN D O ^ V 12.00 Lic. No. 32999 08 / 16 / 2023 �SS��NAL ENG �1,77 153.34' LOT 3 date OCEAN SHORE DUPLEX 08 / 18 / 2023 OCEAN SHORE AVENUE, LOT 2, BLK 4 scale 1° = 20' SECTION G, CAPE HENRY proj. manager BRAD MARTIN FOR GIAN PETERSEN prof. no. 222-0251 Landscape Archiec'ure EXHIBIT "A" - Encroachment Re Land Surveying ,;7_4;��_,n41 quest for a Proposed sheet no. Civil Engineering wplsite.corri Private Driveway into a 1 5' unimproved ROW and a 242 MUSTANG TRAIL, SUITE B Driveway Apron EE-01 VIRGINIA BEACH, VIRGINIA 23452 proposed y p on into First Landing Lane 222-0251 Ocean shore Ave 001.dwa a a� o o�ac INSTALL CITYSTANDARD obi e�yea DRIVEWAYAPRON. 3000 PSI w N�y CLASS A-3 CONCRETE, 7"THICK iD IN THE RIGHT-OF-WA Y(CITY STANDARD DETAIL D-5) o TOTAL i ENCROACHMENT J 1 o FIRSTLAND/ _ >,170 SF a _ 40'P,1&1CR/GHT-LANE �U a�i O (MAP Bp OF-WA Y I) � oo -�� o OK7PAGE142)Q) Nam xx 10 PROPOSED 9'WIDTH GRA VEL " CL J o DR/VEWA Y(LEA VE EXISTING mawo as SERV/CABLE GRA VEL DRIVE ALONG L,, o o THEFRONTAGEOFLOT 1) now or formerly N I leslie e. christensen o c tl ° ^ I I 2328 first landing lone Z NQ lot 1, block 4, section g, cape henry (m.b. 7, pg. 7 42) L gpin: 1590-62-4746 O instrument #202000100345 o Ln 160.00' p S 2 5'13'00"E N fV now or formerly j Q a O I gioo Petersen `� rk r> , 259E ocean snore avenue j I ri block + Se::tioO Q, car)e henry N W 2 � j � (m.b. pg 742) N� �i n_ L6 Va ' 153.34 Q. � ,p,LTH OF O ^ V now or formerly culvert 1/c �O 2590 ocean shore avenue lot 3, block 4, section g, cape henry p Z (m.b. 7, pg. 142) BRAD MARTI D gpin: 1590-62-5241 Lic. No. 32999 instrument #202103088813 08 / 15 / 2 3 0 30 ,p SS/O NA L E G [ k. date OCEAN SHORE DUPLEX 08 / 18 / 2023 scale OCEAN SHORE AVENUE, LOT 2, BLK 4 1" = 30' SECTION G, CAPE HENRY proj. manage' BRAD MARTIN FOR GIAN PETERSEN proj. no. 222-0251 Landscape Architecture EXHIBIT "A" - Encroachment Re Land Surveying ;57_.431_1041 quest for a Proposed sheet no. Civil Engineering wolsite.com Private Driveway into a 1 5' unimproved ROW and a 242 MUSTANG TRAIL, SUITE B pro used y on Driveway Apron EE-02 VIRGINIA BEACH, VIRGINIA 23452 p p into First Landing Lane 222-0251 Ocean shore Ave 002.dwa 72 ITEM— VI.L.11 ORDINANCESIRESOL UTIONS ITEM#74958 The following registered to speak.- Dianna Howard, 1057 Debaca Court, Phone: 567-9021, spoke in OPPOSITION Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council ADOPTED Ordinance to ESTABLISH Capital Project#100667, "Rudee Loop Park Development,"and TRANSFER $4-Million from the Tourism Investment Program(TIP)Fund to as Pay-As-You-Go funding re procurement of design services Voting: 7-2 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Robert W "Worth" Remick,Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor and Vice Mayor Rosemary Wilson Council Members Voting Nay: Barbara M. Henley Sabrina D. Wooten Council Members Absent: Dr.Amelia N. Ross-Hammond November 14, 2023 1 AN ORDINANCE TO ESTABLISH CAPITAL PROJECT 2 #100667, "RUDEE LOOP PARK DEVELOPMENT," AND 3 TO TRANSFER $4,000,000 FROM THE TOURISM 4 INVESTMENT PROGRAM FUND TO PROJECT #100667 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 (1) Capital Project #100667, "Rudee Loop Park Development," is hereby 10 established as set forth in the attached capital project detail sheet for the 11 planning, design, and construction of the approximately 8-acre assemblage 12 of property located adjacent to Rudee Inlet into a park. 13 14 (2) $4,000,000 is hereby transferred from the Tourism Investment Program to 15 Capital Project #100667 as pay-as-you-go funding for the procurement of 16 design services. Adopted by the Council of the City of Virginia Beach, Virginia on the 14th day of November , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget and Management Services orney's Office CA16351 R-1 October 24, 2023 City of Virginia Beach, Virginia Fiscal Years 2025 through 2030 Capital Improvement Program Project:100667 Title:Rudee Loop Park Development Status:Proposed Category:Parks and Recreation Department:Parks and Recreation Project Type Project Location Project Type: New Development District:5 Programmed Funding Programmed Funding Appropriated Budgeted Non-Appropriated Programmed CIP Funding Future To Date FY 2025 FY 2026 FY 2027 FY 2028 FY 2029 FY 2030 Funding $4,000,000 4,000,000 Description This project will fund the planning,design,and construction of the approximately 8-acre assemblage of property located adjacent to Rudee Inlet into a vibrant and iconic park destination. In addition to the park space,a parking garage structure may be incorporated into the project and will be explored during the concept planning phase. Purpose The City desires to transform Rudee Loop into a unique destination,providing an emphasis on open space that attracts residents and visitors in addition to supporting surfing,fishing and outdoor recreation.Through an extensive community engagement process,residents strongly support the transformation of Rudee Loop into a world class park space.The properties have been used as"ad hoc'space for many years and there is a strong desire to formalize the space into something special for residents of Virginia Beach. History and Current Status This CIP first appeared in the FY 2023-24 CIP as a new project.In May 2022,a Request for Information and Ideas was issued with four responses received. During winter/spring of 2023,an extensive community engagement process was conducted to gather feedback from the four proposals as well as determining which element would be most desired at Rudee Loop. In August of 2023,City Council directed Parks and Recreation to recommend a process for hiring a nationally known park design consultant team.In November 2023,City Council appropriated$4M to begin the RFQ process and to proceed with concept planning and public engagement. Operating Budget Impacts operating budget and/or the creation of a conservancy type model may be created to assist with operating and maintenance costs. Project Map Schedule of Activities Project Activities From-To Amount Design 05/24-11/26 4,000,0( P � A * NONFOIN Aye N Z V A 9 P Z D 9 Y�PRL PVC VG g � � O��PO V1aG�N1P P GPPO,1MP PV 0 b Total Budgetary Cost Estimate: 4,000,000 Means of Financing 9 1 'G • 100667 Funding Subclass Amount Local Funding 4,000,001 p0 OV A O L P t f Y O v JO CROAVyN RO PV n v - POP` _ Total Funding: 4,000,000 pP O G 73 ITEM— VI.L.12 ORDINANCESIRESOL UTIONS ITEM#74959 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to DONATE out-of-service police equipment to the police departments of Libby, Montana; South Miami, Florida; Wrightsville Beach, North Carolina; New Bern, North Carolina and Madison, Alabama Voting: 10-0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None November 14, 2023 1 AN ORDINANCE TO DONATE OUT-OF-SERVICE 2 PERSONAL PROPERTY TO THE POLICE DEPARTMENTS 3 OF WRIGHTSVILLE BEACH, NC; NEW BERN, NC; 4 MADISON, AL; SOUTH MIAMI, FL; AND LIBBY, MT 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That the City Council hereby authorizes the donation of out-of-service police 10 equipment to the following police departments: 11 12 1. Two handheld radars, two LIDARS, six used leather duty belts and attachments, 13 six tourniquets and carriers, and six tire deflation systems to Libby, Montana; 14 15 2. Thirty tire deflation systems to South Miami, Florida; 16 17 3. Thirty tire deflation systems to Wrightsville Beach, North Carolina; 18 19 4. Thirty tire deflation systems to New Bern, North Carolina; and 20 21 5. Thirty tire deflation systems to Madison, Alabama. 22 23 The equipment shall be provided in "as is, where is" condition. Adopted by the Council of the City of Virginia Beach, Virginia on the -1 4th day of November , 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B dget and Management Services "`Attorney's Office CA16347 R-1 October 31, 2023 74 ITEM— VI.L.13 ORDINANCESIRESOL UTIONS ITEM#74960 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to TRANSFER $L.l-Million from the Consolidated Grant Fund to Capital Project#100589, "Central Utility Plant Enhancements ARPA"re allow the city to proceed to construction on the project Voting: 10-0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None November 14, 2023 1 AN ORDINANCE TO TRANSFER $1,100,000 TO 2 CAPITAL PROJECT #100589, "CENTRAL UTILITY 3 PLANT ENHANCEMENTS - ARPA" 4 5 WHEREAS, in 2021 the City Council accepted and appropriated federal funding from 6 the American Rescue Plan Act; 7 8 WHEREAS,funds provided through the American Rescue Plan Act must be obligated 9 prior to December 31, 2024, and fully spent by December 31, 2026; and 10 11 WHEREAS, funds previously allocated to the VBThrive program will not be fully spent 12 within the timeline required by the American Rescue Plan Act; 13 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA, THAT: 16 17 $1.1 million is hereby transferred from the Consolidated Grant Fund to Capital 18 Project#100589, "Central Utility Plant Enhancements-ARPA"to allow the City to proceed 19 to construction on the project. Adopted by the Council of the City of Virginia Beach, Virginia on the 14 th day of November 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: i Budget and Management Services Lyordey"s Office CA16346 R-1 October 31, 2023 75 ITEM— VI.L.14 ORDINANCESIRESOL UTIONS ITEM#74961 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to TRANSFER $185,425 from the General Fund Reserves for Contingencies to the FY2023-24 Voter Registration and Elections Operating Budget refund the January 9,2024,special election Voting: 10-0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None November 14, 2023 1 AN ORDINANCE TO TRANSFER FUNDS FOR THE 2 JANUARY 9, 2024, SPECIAL ELECTION 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA- 6 7 That $185,425 is hereby transferred from the General Fund Reserve for 8 Contingencies to the FY 2023-24 Operating Budget of Voter Registration and Elections 9 to fund the Special Election ordered for January 9, 2024. Adopted by the Council of the City of Virginia Beach, Virginia on the 14th day of November 12023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services C Attorney's Office CA16349 R-1 October 24, 2023 76 ITEM— VI.L.15 ORDINANCESIRESOL UTIONS ITEM#74962 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE$25,144,014 in Federal Revenue to the FY 2023-24 Capital Improvement Program amongst Four (4) Eastern Shore Drive Drainage Improvement Capital Projects and TRANSFER$6,195,518 between four(4)Eastern Shore Drive Drainage Projects Voting: 10-0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None November 14, 2023 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $25,144,014 IN 2 FEDERAL REVENUE TO THE FY 2023-24 CAPITAL IMPROVEMENT 3 PROGRAM AMONGST FOUR EASTERN SHORE DRIVE DRAINAGE 4 IMPROVEMENT CAPITAL PROJECTS AND TO TRANSFER 5 $6,195,518 BETWEEN EASTERN SHORE DRIVE DRAINAGE 6 PROJECTS 7 8 WHEREAS, the City of Virginia Beach has been awarded funding from the Federal 9 Emergency Management Agency for a Building Resilient Infrastructure and Communities 10 grant; and 11 12 WHEREAS, funding for the local contribution is already appropriated in the Flood 13 Protection Program section of the Capital Improvement Program; 14 NOW BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 15 VIRGINIA THAT: 16 1) $25,144,014 is hereby accepted from the Federal Emergency Management Agency 17 and appropriated, with federal revenues increased accordingly, to the following FY 18 2023-24 Capital Improvement Program projects in the following amounts: 19 A. $5,361,022 for Project #100167 "Eastern Shore Drive Lynnhaven Colony 20 Park Pump Station;" 21 B. $7,514,158 for Project #100153 "Eastern Shore Drive Cape Henry Canal 22 Phase II;" 23 C. $9,962,333 for Project #100150 "Eastern Shore Drive Lynnhaven Drive 24 Pump Station;" and 25 D. $2,306,501 for Project #100538 "Eastern Shore Drive Elevate Lynnhaven 26 Drive." 27 28 2) A total of$6,195,518 is hereby transferred as follows: 29 A. $1,662,493 is transferred from Project #100153 to Project #100167; 30 B. $2,642,654 is transferred from Project #100150 to Project #100167; and 31 C. $1 ,890,371 is transferred from Project#100538 to Project#100597, "Eastern 32 Shore Drive Drainage Improvements." 33 34 3) The City Manager is hereby authorized to execute on behalf of the City all 35 necessary project agreements from project development and construction for this 36 grant. Adopted by the Council of the City of Virginia Beach, Virginia on the 14 th day of November , 2023. Requires an affirmative vote by a majority of all of the members of the City Council. 77 ITEM— VI.L.16 ORDINANCES/RESOLUTIONS ITEM#74963 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $362,408 from the State Compensation Board to the FY 2023-24 Commonwealth's Attorney Operating Budget re salary increase for eligible positions Voting: 10-0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None November 14, 2023 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FROM THE STATE COMPENSATION BOARD TO THE FY 3 2023-24 OPERATING BUDGET OF THE OFFICE OF THE 4 COMMONWEALTH'S ATTORNEY 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $362,408 is hereby accepted from the State Compensation Board and 10 appropriated, with revenue increased accordingly, to the FY 2023-24 Operating Budget 11 of the Office of the Commonwealth's Attorney. Adopted by the Council of the City of Virginia Beach, Virginia on the 14th day of November 2023. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B dget and Management Services City rney's Office CA16343 R-1 October 31, 2023 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services C orney's ffice CA16336 R-2 November 2, 2023 78 ITEM— VI.L.17 ORDINANCESIRESOL UTIONS ITEM#74964 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE$350,0000 from the Virginia Department of Behavioral Health and Development Services to the FY2023-24 Department of Human Services Operating Budget and AUTHORIZE two (2)full-time positions re Project for Assistance in Transitioning from Homeless(PATH)Program Voting: 10-0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None November 14, 2023 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDING FOR THE PROJECT FOR ASSISTANCE IN 3 TRANSITIONING FROM HOMELESSNESS (PATH) 4 PROGRAM IN THE DEPARTMENT OF HUMAN 5 SERVICES AND TO AUTHORIZE TWO POSITIONS 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 1 . $350,000 is hereby accepted from the Virginia Department of Behavioral Health 11 and Developmental Services and appropriated, with revenue increased 12 accordingly, to the FY 2023-24 Operating Budget of the Department of Human 13 Services for the PATH Program. 14 15 2. Two full time positions are hereby authorized in the Department of Human 16 Services FY2023-24 Operating Budget for the PATH Program. Such positions 17 are conditioned upon continued funding from the Commonwealth. Adopted by the Council of the City of Virginia Beach, Virginia on the 14th day of November 2023. Requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services Cit - orn dVs Office CA16354 R-1 October 31, 2023 79 ITEM— VI.L.18 ORDINANCES/RESOLUTIONS ITEM#74965 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE$25 7,500from the 9-1-1 Services Board of the Virginia Department of Emergency Management to the FY 2023-24 Department of Emergency Communications and Citizen Services Operating Budget re staff recognition and retention efforts Voting: 10-0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. `Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None November 14, 2023 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 FUNDS FOR THE PUBLIC SAFETY ANSWERING POINTS 3 STAFFING RECOGNITION GRANT 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $257,500 is hereby accepted from the 9-1-1 Services Board of the Virginia 9 Department of Emergency Management and appropriated, with estimated revenue from 10 the Commonwealth increased accordingly, to the FY 2023-24 Operating Budget of the 11 Department of Emergency Communications and Citizen Services for staff recognition and 12 retention efforts. Adopted by the Council of the City of Virginia Beach, Virginia on the 14th day of November , 2023. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B dget and Management Services 4ityAAt1'b_rn6s Office CA16342 R-1 October 31, 2023 80 ITEM— VI.L.19 ORDINANCESIRESOL UTIONS ITEM#74966 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE an additional$162,547 from the Virginia Military Community Infrastructure Grant Program and Fund to the FY 2023-24 Police Department Operating Budget and TRANSFER as Pay-As-You-Go funding for Capital Improvement Program Project #100536, "Creeds Training Center Renovations" Voting: 10-0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None November 14, 2023 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE AN 2 ADDITIONAL $162,547 FROM THE VIRGINIA MILITARY 3 COMMUNITY INFRASTRUCTURE GRANT PROGRAM AND 4 FUND FOR CAPITAL PROJECT #100536, "CREEDS 5 TRAINING CENTER RENOVATIONS" 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 1. $162,547 is hereby accepted from the Virginia Military Community 11 Infrastructure Grant Program and Fund and appropriated, with state revenue increased 12 accordingly, to the FY 2023-24 Operating Budget of the Police Department and 13 transferred as pay-as-you-go funding for Project # 100536, "Creeds Training Center 14 Renovations." 15 16 2. The previously appropriated local match from the fund balance of the 17 General Fund is hereby reduced by $162,547, and total appropriation-to-date for Project 18 #100536 is reduced in the same amount. Adopted by the Council of the City of Virginia Beach, Virginia on the 14thday of November , 2023. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B dget and Management Services C tt ney's Office CA16348 R-1 October 31, 2023 81 ITEM— 11I.L.20 ORDINANCESMESOL UTIONS ITEM#7496 7 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED, BY CONSENT, Ordinance to APPROPRIATE $150,000 in Fund Balance from the Police Federal and State Seized Assets Special Revenue Fund to the FY2023-24 Police Operating Budget re police recruitment Voting: 10-0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None November 14, 2023 1 AN ORDINANCE TO APPROPRIATE $150,000 IN FUND 2 BALANCE FROM THE POLICE FEDERAL &STATE SEIZED 3 ASSETS SPECIAL REVENUE FUND FOR POLICE 4 RECRUITING 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $150,000 is hereby appropriated, with revenues increased accordingly, from 10 the fund balance of the Police Federal & State Seized Assets Special Revenue Fund to 11 the FY 2023-24 Police Department Operating Budget for police recruitment. Adopted by the Council of the City of Virginia Beach, Virginia on the 14th day of November , 2023. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: c Budget and Management Services City ttorney's Office CA16350 R-1 October 24, 2023 82 ITEM— VI.M.1. PLANNING ITEMS ITEM#74968 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council APPROVED, BY CONSENT, application of WHITNEY W. ELLIOT, MATTHEW E. MANCOLL & ROBIN A. MANCOLL / WHITNEY W. ELLIOT, MATTHEW E. MANCOLL, ROBIN A. MANCOLL, THE LINDA EATON GOLDING AMENDED AND RESTATED REVOCABLE TRUST u/a/d APRIL 22, 1992,for a Street Closure re of one-half of an unimproved, unnamed alley adjacent to the rear of 218 55`h Street, Unit B DISTRICT 6 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA WHITNEY W.ELLIOT,MATTHEW E.MANCOLL&ROBIN A. MANCOLL / WHITNEY W. ELLIOT, MATTHEW E. MANCOLL, ROBIN A. MANCOLL, THE LINDA EATON GOLDING AMENDED AND RESTATED REVOCABLE TRUST u/a/d APRIL 22, 1992,for a Street Closure re of one- half of an unimproved,unnamed alley adjacent to the rear of 218 55`h Street, Unit B (GPINs 2418796899, 24197060520002) DISTRICT 6 The following conditions shall be required.• 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The Applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lots. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication of a public drainage easement over the closed portion of the street to the City of Virginia Beach,subject to the approval of the Department of Public Works, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. There are existing overhead facilities located within the Right-of-Way proposed for closure; therefore, an easement satisfactory to Dominion Energy Virginia shall be provided.Additionally, the Applicant shall verify that no other private utilities exist within the Right-of-Way proposed for closure. If other private utilities do exist, an easement satisfactory to the appropriate utility company must be provided. 4. Closure of the Right-of-Way shall be contingent upon compliance with the above stated conditions within 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 year of the City Council vote to close the rights-of-way this approval shall be considered null and void. November 14, 2023 83 ITEM— VIM.] PLANNING ITEMS ITEM#74968 (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 14`h day of November Two Thousand Twenty Three. Voting: 10-0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. `Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None November 14, 2023 1 ORDINANCE APPROVING APPLICATION OF 2 WHITNEY W. ELLIOTT FOR THE CLOSURE 3 OF ONE-HALF OF AN UNIMPROVED, 4 UNNAMED ALLEY ADJACENT TO THE 5 REAR OF 218 55T" STREET, UNIT B 6 7 WHEREAS, Whitney W. Elliott (the "Applicant") applied to the Council of the City 8 of Virginia Beach, Virginia, to have the hereinafter described portion of an unimproved, 9 unnamed right-of-way discontinued, closed, and vacated; and 10 11 WHEREAS, it is the judgment of the Council that said portion of right-of-way be 12 discontinued, closed, and vacated, subject to certain conditions having been met on or 13 before one (1) year from City Council's adoption of this Ordinance. 14 15 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 16 Beach, Virginia: 17 18 SECTION 1 19 20 That the hereinafter described portion of unimproved right-of-way (the "Right-of- 21 Way") be discontinued, closed and vacated, subject to certain conditions being met on 22 or before one (1) year from City Council's adoption of this ordinance: 23 24 ALL THAT certain piece or parcel of land situate, lying and 25 being in the City of Virginia Beach, Virginia, designated and 26 described as "CLOSED ONE-HALF PORTION TO UNIT B, 27 LOT 12 (375 SQ. FT.)" and shown as the hatched area on 28 that certain street closure exhibit entitled: "STREET 29 CLOSURE EXHIBIT PORTION OF 15' ALLEY (A PUBLIC 30 R/W) TO BE CLOSED ADJACENT TO LOTS 12 AND 21, 31 BLOCK 11 UBERMEER (M.B. 7, P. 150) VIRGINIA BEACH, 32 VIRGINIA FOR MATTHEW E. MANCOLL AND ROBIN A. 33 MANCOLL (LOT 21 — GPIN 2418-79-6899) AND WHITNEY 34 W. ELLIOTT (LOT 12, UNIT B — GPIN 2419-70-6052-0002)", 35 Scale: 1" = 40', dated February 14, 2023, revised July 25, 36 2023, prepared by Rouse-Sirine Associates, Ltd., a copy of 37 which is attached hereto as 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 GPIN: 2419-70-6052-0002 46 1 . The City Attorney's Office shall make the final determination regarding 47 ownership of the underlying fee. The purchase price to be paid to the City shall be 48 determined according to the "Policy Regarding Purchase of City's Interest in Streets 49 Pursuant to Street Closures," approved by City Council. Copies of the policy are 50 available in the Planning Department. 51 52 2. The Applicant shall resubdivide the property and vacate internal lot lines to 53 incorporate the closed area into the adjoining lots. The resubdivision plat must be 54 submitted and approved for recordation prior to the final street closure approval. Said 55 plat shall include the dedication of a public drainage easement over the closed portion 56 of the street to the City of Virginia Beach, subject to the approval of the Department of 57 Public Works, and the City Attorney's Office, which easement shall include a right of 58 reasonable ingress and egress. 59 60 3. There are existing overhead facilities located within the Right-of-Way 61 proposed for closure; therefore, an easement satisfactory to Dominion Energy Virginia 62 shall be provided. Additionally, the Applicant shall verify that no other private utilities 63 exist within the Right-of-Way proposed for closure. If other private utilities do exist, an 64 easement satisfactory to the appropriate utility company must be provided. 65 66 4. Closure of the Right-of-Way shall be contingent upon compliance with the 67 above stated conditions within 365 days of approval by City Council. If the conditions 68 noted above are not accomplished and the final plat is not approved for recordation 69 within one year of the City Council vote to close the rights-of-way this approval shall be 70 considered null and void. 71 72 SECTION III 73 74 1. If the preceding conditions are not fulfilled on or before November 13, 75 2024, this Ordinance will be deemed null and void without further action by the City 76 Council. 77 78 2. If all conditions are met on or before November 13, 2024, the date of final 79 closure is the date the street closure ordinance is recorded by the City Attorney. 80 81 3. In the event the City of Virginia Beach has any interest in the underlying 82 fee, the City Manager or his designee is authorized to execute whatever documents, if 83 any, that may be requested to convey such interest, provided said documents are 84 approved by the City Attorney's Office. 85 86 SECTION IV 87 88 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 89 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 90 VIRGINIA BEACH (as "Grantor") and WHITNEY W. ELLIOTT (as "Grantee"). 91 Adopted by the Council of the City of Virginia Beach, Virginia, on this 14th day 92 Of November . 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney CA16082 \\vbgov.com\dfs 1\a pp1ications\city1aw\cycom32\wpd ocs\d025\pO43\00922255.doc R-1 October 30, 2023 NOTES: 1. THIS EXHIBIT IS INTENDED TO SHOW THE AREA OF PROPOSED RIGHT-OF-WAY CLOSURE AND INDEPENDENT OF THE ASSOCIATED RECORD DOCUMENT(S)AND IS NOT INTENDED FOR ANY OTHER THAN GENERAL REFERENCE. 2. A TITLE REPORT HAS NOT BEEN PROVIDED FOR THIS PROPERTY. 3. PROPERTY APPEARS TO FALL WITHIN ZONE X(UNSHADED)(AREA DETERMINED TO BE OUTSIDE 0.2%ANNUAL CHANCE FLOODPLAIN)AS SHOWN ON NATIONAL FLOOD INSURANCE PROGRAM MAP FOR THE CITY OF VIRGINIA BEACH,VIRGINIA,MAP NUMBER 5155310063G, DATED JANUARY 16,2015. 4. TOTAL AREA OF PROPOSED STREET CLOSURE=750 SQ.FT./OO.1017 ACRES. (MERIDIAN SOU Q UP ABANDONED SOURCE M,B 7 p 150) W LL Pfl UP#H 34 �1 LOT 11 w (0 W z LOT 20 �).4 o0 BLOCK 11 GPIN: 2418-79-7940 .� GPIN: 2419-70-7004 0 I4 Oz V� BLOCK 11 00 o � �U- BLOCK 11 Um UBERMEER o wo =_ ° UBERMEER ►�i mo w I S 08 56 00 E (M.B. 7, P. 150) (M.B. 7, P. 150) m o ,,� 15.00' a 1 S 08°56'00" E 127.50' z STA E STAKE(S) S 08°56'00" E 127.50' w UNIT A z 7.5'w `" LOT 21 w J w0 OU- 0 LOT 12 z a= ow 00 GPIN: 2418-79-6899 b UNIT B o0 ow ��' �" o o PROPERTY OF o0 `*0 GPIN; 2419-70-6052 v o o z �° o� PLAT OF 218 55TH STREET . �LL o MATTHEW E. MANCOLL AND 0o °O A CONDOMINIUM � WOODEN z ROBIN A. MANCOLL co (INST.#20170503000366140) DECK z 7.5' (INST. #20201009000956230) c� 1 UP#HE4 x48"M�TAL FENCE < Z. 1 N 08°56'00"W 127.50' UP ABANDONED PIN(F) 42"METAL FENCE 127.50' 1 STAKES) PROPERTY OF N 08°56'00"W i? G�F,Q N 08°56'00"W W o0 WHITNEY W. ELLIOTT 15.00' z .c" Z ��'�sEyo LOT 22 _LO (INST. #202103027263) LOT 13 ow J z WOODEN DECK GPIN: 2418-79-6848 H(D GPINBLOCK70 6001 �w w FRAME SHED CONDOMINIUM PLAT OF m re UBERMEER r- ,�+ 221 A & B 54TH STREET o , LEGEND o 42"CHAIN (M.B. 7, P. 150) W� LINKFENCE (M.B. 222, P. 1) 0 • PIN(F) PIN FOUND O d'a 0 ❑ STAKE(S) STAKE SET z d PIN(F) b >- GW GUY WIRE w M�r m UP UTILITY POLE LOT 14 oo w FRAME III x N FENCE GPIN: 2419-70-5050 ow C0 o SHED LOT 23 —/— OVERHEAD WIRES BLOCK 11 0" �2- 07 GPIN: 2418-79-6817 ELEC. ELECTRIC UBERMEER I ~ 0. r CONDOMINIUM PLAT OF ® CLOSED ONE-HALF PORTION (M B 7, P. 150) x--x m Z w m 223 & 225 54TH STREET . . TO LOT 21(375 SQ.FT.) X= o> (INST. #200502230028929) ® CLOSED ONE-HALF PORTION v- TO UNIT B,LOT 12(375 SQ.FT.) c'o o STREET CLOSURE EXHIBIT q HOLLY AVENUE PORTION OF 15' ALLEY (A PUBLIC R/W) (40' PUBLIC RIGHT-OF-WAY) 50) TO BE CLOSED ADJACENT TO M.B. 7, R (UNIMPROVEED ROAD) LOTS 12 AND 21, BLOCK 11 UBERMEER (M.B.7,P. 150) VIRGINIA BEACH, VIRGINIA FOR �p,LTH OF MATTHEW E. MANCOLL AND �1 ROBIN A. MANCOLL (LOT 21 - GPIN 2418-79-6899) 0 Lr AND -z�4 07-25-2023 �GY WHITNEY W. ELLIOTT (LOT 12, UNIT B - GPIN 2419-70-6052-0002) 02-14-2023 H SCALE: 1"=40' FEBRUARY 14,2023 JEFFREY D. WILLIAMS REVISED JULY 25,2023 ROUSE-SIRINE ASSOCIATES, LTD. Lic. No. 2045 LAND SURVEYORS,MAPPING CONSULTANTS&S.U.E.QUALITY LEVELS"B-D" E�2Ey D �,f I LUG www.rouse-sirine.com 333 OFFICE SQUARE LANE 1311 JAMESTOWN ROAD o VIRGINIA BEACH,VIRGMA 23462 SUITE 103 D S U RvV, TEL.(757)490-2300 WILLIAMSBURG,VIRGINIA 23185 FAX:(757)499-9136 TEL,(757)903-4695 0 20 40 80 120 FEET J.O.#13800-23-069 ACAD:13800-23-069 UBERMEER, LOTS 12&21, BLOCK 11.dwg GRAPHIC SCALE F.B.872,P.26 84 ITEM— VI.M.2 PLANNING ITEMS ITEM#74969 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council APPROVED, BY CONSENT, application of WHITNEY W. ELLIOT, MATTHEW E. MANCOLL & ROBIN A. MANCOLL / WHITNEY W. ELLIOT, MATTHEW E. MANCOLL, ROBIN A. MANCOLL, THE LINDA EATON GOLDING AMENDED AND RESTATED REVOCABLE TRUST u/a/d APRIL 22, 1992,for a Street Closure re of one-half of an unimproved, unnamed alley adjacent to the rear of 219 50 Street, Unit B DISTRICT 6 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA WHITNEY W.ELLIOT,MATTHEW E.MANCOLL&ROBIN A. MANCOLL / WHITNEY W. ELLIOT, MATTHEW E. MANCOLL, ROBIN A. MANCOLL, THE LINDA EATON GOLDING AMENDED AND RESTATED REVOCABLE TRUST u/a/d APRIL 22, 1992,for a Street Closure re of one- half of an unimproved,unnamed alley adjacent to the rear of 219 54'h Street, Unit B (GPINs 2418796899, 24197060520002) DISTRICT 6 The following conditions shall be required: 1. The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City s Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The Applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining lots. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat shall include the dedication of a public drainage easement over the closed portion of the street to the City of Virginia Beach, subject to the approval of the Department of Public Works, and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. There are existing overhead facilities located within the Right-of-Way proposed for closure; therefore, an easement satisfactory to Dominion Energy Virginia shall be provided.Additionally, the Applicant shall verb that no other private utilities exist within the Right-of-Way proposed for closure. If other private utilities do exist, an easement satisfactory to the appropriate utility company must be provided. 4. Closure of the Right-of-Way shall be contingent upon compliance with the above stated conditions within 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 year of the City Council vote to close the rights-of-way this approval shall be considered null and void. November 14, 2023 85 ITEM— VI.M.2 PLANNING ITEMS ITEM#74969 (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 14'h day of November Two Thousand Twenty Three. Voting: 10-0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None November 14, 2023 1 ORDINANCE APPROVING APPLICATION OF 2 MATTHEW E. MANCOLL AND ROBIN A. 3 MANCOLL FOR THE CLOSURE OF ONE- 4 HALF OF AN UNIMPROVED, UNNAMED 5 ALLEY ADJACENT TO THE REAR OF 219 6 54T" STREET 7 8 WHEREAS, Matthew E. Mancoll and Robin A. Mancoll (the "Applicants") applied 9 to the Council of the City of Virginia Beach, Virginia, to have the hereinafter described 10 portion of an unimproved, unnamed right-of-way discontinued, 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 THAT certain piece or parcel of land situate, lying and 26 being in the City of Virginia Beach, Virginia, designated and 27 described as "CLOSED ONE-HALF PORTION TO LOT 21 28 (375 SQ. FT.)" and shown as the hatched area on that 29 certain street closure exhibit entitled: "STREET CLOSURE 30 EXHIBIT PORTION OF 15 ALLEY (A PUBLIC R/W) TO BE 31 CLOSED ADJACENT TO LOTS 12 AND 21 , BLOCK 11 32 UBERMEER (M.B. 7, P. 150) VIRGINIA BEACH, VIRGINIA 33 FOR MATTHEW E. MANCOLL AND ROBIN A. MANCOLL 34 (LOT 21 — GPIN 2418-79-6899) AND WHITNEY W. 35 ELLIOTT (LOT 12, UNIT B — GPIN 2419-70-6052-0002)", 36 Scale: 1" = 40', dated February 14, 2023, revised July 25, 37 2023, prepared by Rouse-Sirine Associates, Ltd., a copy of 38 which is attached hereto as Exhibit A. 39 40 SECTION II 41 42 The following conditions must be met on or before one (1) year from City 43 Council's adoption of this ordinance: 44 45 No GPIN Assigned (City Right-of-Way) 46 Adjacent GPIN: 2418-79-6899 47 1 . The City Attorney's Office shall make the final determination regarding 48 ownership of the underlying fee. The purchase price to be paid to the City shall be 49 determined according to the "Policy Regarding Purchase of City's Interest in Streets 50 Pursuant to Street Closures," approved by City Council. Copies of the policy are 51 available in the Planning Department. 52 53 2. The Applicants shall resubdivide the property and vacate internal lot lines 54 to incorporate the closed area into the adjoining lots. The resubdivision plat must be 55 submitted and approved for recordation prior to the final street closure approval. Said 56 plat shall include the dedication of a public drainage easement over the closed portion 57 of the street to the City of Virginia Beach, subject to the approval of the Department of 58 Public Works, and the City Attorney's Office, which easement shall include a right of 59 reasonable ingress and egress. 60 61 3. There are existing overhead facilities located within the Right-of-Way 62 proposed for closure; therefore, an easement satisfactory to Dominion Energy Virginia 63 shall be provided. Additionally, the Applicants shall verify that no other private utilities 64 exist within the Right-of-Way proposed for closure. If other private utilities do exist, an 65 easement satisfactory to the appropriate utility company must be provided. 66 67 4. Closure of the Right-of-Way shall be contingent upon compliance with the 68 above stated conditions within 365 days of approval by City Council. If the conditions 69 noted above are not accomplished and the final plat is not approved for recordation 70 within one year of the City Council vote to close the rights-of-way this approval shall be 71 considered null and void. 72 73 SECTION III 74 75 1 . If the preceding conditions are not fulfilled on or before November 13, 76 2024, this Ordinance will be deemed null and void without further action by the City 77 Council. 78 79 2. If all conditions are met on or before November 13, 2024, the date of final 80 closure is the date the street closure ordinance is recorded by the City Attorney. 81 82 3. In the event the City of Virginia Beach has any interest in the underlying 83 fee, the City Manager or his designee is authorized to execute whatever documents, if 84 any, that may be requested to convey such interest, provided said documents are 85 approved by the City Attorney's Office. 86 87 SECTION IV 88 89 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 90 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 91 VIRGINIA BEACH (as "Grantor") and MATTHEW E. MANCOLL and ROBIN A. 92 MANCOLL (as "Grantee"). 93 Adopted by the Council of the City of Virginia Beach, Virginia, on this 14 t h day 94 of November . 2023. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney CA16081 \\vbgov.com\dfs 1\a ppl ications\citylaw\cycom32\wpd ocs\d025\p043\00922255.doc R-1 October 30, 2023 NOTES: 1. THIS EXHIBIT IS INTENDED TO SHOW THE AREA OF PROPOSED RIGHT-OF-WAY CLOSURE AND INDEPENDENT OF THE ASSOCIATED RECORD DOCUMENT(S)AND IS NOT INTENDED FOR ANY OTHER THAN GENERAL REFERENCE. 2. A TITLE REPORT HAS NOT BEEN PROVIDED FOR THIS PROPERTY. 3. PROPERTY APPEARS TO FALL WITHIN ZONE X(UNSHADED)(AREA DETERMINED TO BE OUTSIDE 0.20%ANNUAL CHANCE FLOODPLAIN)AS SHOWN ON NATIONAL FLOOD INSURANCE PROGRAM MAP FOR THE CITY OF VIRGINIA BEACH,VIRGINIA,MAP NUMBER 5155310063G, DATED JANUARY 16,2015. 4. TOTAL AREA OF PROPOSED STREET CLOSURE=750 SQ.FT10.017 ACRES. (MER'pIgN Q UP ABANDONED' SOURCE M.B.7,P, 150) (� UP#H 34 �1 F- LOT 11 w w a W LOT 20 w BLOCK 11 $0 GPIN: 2418-79-7940 H(D GPIN: 2419-70-7004 0 �..� oz BLOCK 11 V� BLOCK 11 0�� a Q' 3 LL UBERMEER Um UBERMEER 60 wo w � ° „ m� (M.B. 7, P. 150) "' �= W S 08 56 00 E (M.B. 7, P. 150) ,� > 15.00 o ' S 08056'00" E 127.50' z s E STAKES) S 08°56'00" E 127.50' co UNIT A z .5'W - LOT 21 LOT 12 J z wo 0 3 Q N o LL 0 d GPIN: 2418-79-6899 �c Z UNITB 000w LL 3 00 00 GPIN:2419 70 6052 �0 0 ° PROPERTY OF o_ 0 PLAT OF 218 55TH STREET 0 3 LL o MATTHEW E. MANCOLL AND a o °O A CONDOMINIUM 00 ^ WOODEN Z ROBIN A. MANCOLL o z (INST.#20170503000366140) 7.5' ODE (INST. #20201009000956230) cn UP#HE4 CK 4 M TAIL FENCE } N 08°56'00"W 127.50' UP ABANDONED PIN(F) 42"METAL FENCE 127.50' W�.,PROPERTY OF STAKE(S) N 08°56'00"W " 0AF N 08056'00"W O WHITNEY W. ELLIOTT o R o (INST. #202103027263) LOT 1315.00' W w z WOODEN LOT 22 i a $v w GPIN: 2418-79-6848 H_U' GPIN: 2419-70-6001 �w w FRAME SHED CONDOMINIUM PLAT OF cn n UBERMEER r- ,�+ 221 A & B 54TH STREET b �_j� LEGEND o 42�CHAIN M.B. 222, P. 1 o H • PIN(F) PIN FOUND (M.B. 7, P. 150) W_- LINK FENCE ( ) o d a O STAKE(S) STAKE SET z a 0- PIN(F) 6 k b >- GW GUY WIRE w UP UTILITY POLE LOT 14o o FRAME ;<— IE FENCE GPIN: 2419-70-5050 3 0 SHED GPIN�18�9-6817 —/— OVERHEAD WIRES BLOCK 11 0 0. ELEC. ELECTRIC CONDOMINIUM PLAT OF CLOSED ONE-HALF PORTION UBERMEER x 0 223 &225 54TH STREET M.B. 7, P. 150 TO LOT 21(375 SQ.FT.) ( ) � ® CLOSED ONE-HALF PORTION m= ? (INST. #200502230028929) TO UNIT B,LOT 12(375 SQ.FT.) �' o STREET CLOSURE EXHIBIT HOLLY AVENUE PORTION OF 15' ALLEY (A PUBLIC R/W) (40'PUBLIC RIGHT-OF-WAY) 50) TO BE CLOSED ADJACENT TO M.B. 7, R (UNIMPROVEED ROAD) LOTS 12 AND 21, BLOCK 11 UBERMEER (M.B.7,P. 150) VIRGINIA BEACH, VIRGINIA FOR MATTHEW E. MANCOLL AND ��pLTH OF ROBIN A. MANCOLL (LOT 21 - GPIN 2418-79-6899) 0 Lr AND 07-25-2023 WHITNEY W. ELLIOTT (LOT 12, UNIT B - GPIN 2419-70-6052-0002) 02-14-2023 H SCALE: 1"=40' FEBRUARY 14,2023 U JEFFREY D. WILLIAMS REVISED JULY 25,2023 ROUSE-SIRINE ASSOCIATES, LTD. Lic, No. 2'0V LAND SURVEYORS,MAPPING CONSULTANTS&S.U.E.QUALITY LEVELS"B-D" E 2�V D W I LLIA www.rouse-sii-ine.com 333 OFFICE SQUARE LANE 311 JAMESTOWN ROAD O VIRGINIA BEACH,VIRGINIA 23462 SUITE 103 S U RN TEL.(757)490-2300 WILLIAMSBURG,VIRGINIA 23185 FA.X:(757)499-9136 TEL,(757)903-4695 0 20 40 80 120 FEET J.O.#13800-23-069 ACAD:13800-23-069 UBERMEER, LOTS 12&21, BLOCK 11.dwg GRAPHIC SCALE F.B.872,P.26 86 ITEM— VI.M.3 PLANNING ITEMS ITEM#749 70 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council APPROVED, AS MODIFIED,AS CONDITIONED, BY CONSENT, application of EVERGREEN VIRGINIA, LLC for a Modification of Conditions re motor vehicles sales, rentals, and repairs at 240 & 248 North Lynnhaven Road and 2865&2893 Virginia Beach Boulevard DISTRICT 3 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA EVERGREEN VIRGINL4,LLCfor a Modi tcation of Conditions re motor vehicles sales, rentals, and repairs at 240& 248 North Lynnhaven Road and 2865 & 2893 Virginia Beach Boulevard (GPINs 1497358365, 1497357774, 1497358684, & 1497356822) DISTRICT 3 The following conditions shall be required: 1. The conditions of the 2018 Modification of Conditions for Motor Vehicle Sales, Rentals, and Repairs will be deleted and replaced with the conditions below. 2. When the property is redeveloped, it shall be in substantial conformance with the concept plan entitled "PORSCHE DEALERSHIP REDEVELOPMENT — CONCEPT PLAN", prepared by Kimley-Horn, dated September 18, 2023, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 3. A Landscape Plan shall be submitted at the time of final site plan review reflective of the location and plant material depicted on the conceptual landscape plan entitled 'PORSCHE DEALERSHIP REDEVELOPMENT — CONCEPT PLAN — Conceptual Landscape Plan",prepared by Kimley-Horn, dated September 18, 2023, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 4. The exterior of the building shall be in substantial conformance with the appearance, size, color, and materials shown on the submitted elevations entitled "NEW BUILDING FOR CHECKERED FLAG PORSCHE—2865 VIRGINIA BEACH BOULEVARD— VIRGINIA BEACH, VA 23462,prepared by COVINGTONHENDRIXANDERSON, dated August 16, 2023, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 5. All signage on the site shall meet the requirements of the Zoning Ordinance. A separate sign permit shall be obtained from the Department of Planning&Community Development for the installation of any new signage. 6. All garage doors shall remain closed other than for the maneuvering of vehicles in and out of the service bays. November 14, 2023 87 ITEM— VI.M.3 PLANNING ITEMS ITEM#749 70 (Continued) 7. All automotive repair work shall be conducted inside the building. 8. There shall be no storage of tires, merchandise, or debris of any kind outside of the building. 9. No vehicles for sale or rent shall be parked within any portion of the public rights-of-way. 10. No vehicles shall be displayed on raised platforms, earthen berms, landscape islands, or any other structure designated to display a vehicle higher than the elevation of the main parking lot. 11. No loud speakers, outdoor paging system, outdoor speaker system, or outdoor sound amplification system shall be permitted on site. 12. There shall be no signs which contain or consist ofpennants, ribbons, streamers,spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted,pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. There shall be no portable or nonstructural signs, or electronic display signs on the site. There shall be no neon or electronic display signs, or accents installed on any wall area of the exterior of the building, in or on the windows, or on the doors. No window signage shall be permitted. 13. Prior to final site plan approval, a Lighting Plan in accordance with Sections 252& 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(1) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 14`" day of November Two Thousand Twenty Three. Voting: 10-0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None November 14, 2023 -- BZ R15 e 62 4 �a \ CDlD � Q B1A Q ,o Q R'10 0 �\ �° B2 R10AX 0 Q R10 -10 ® N Site Property Polygons Evergreen Virginia, LLC W E 240 & 248 N. Lynnhaven Road & 2865 & S Zoning Building 2893 Virginia Beach Boulevard Feet 0 3060 120 180 240 300 360 88 ITEM— VI.M.4 PLANNING ITEMS ITEM#74971 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council APPROVED, AS PROFFERED, AS CONDITIONED, BY CONSENT, application of BURNETTE BAUM DEVELOPMENT CORPORATION/RVB 3,LLCfor a Modifications o Pro and a Conditional Use Permit re car wash facility and at 5453 Wesleyan Drive DISTRICT 4 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA BURNETTE BAUM DEVELOPMENT CORPORATION / RVB 3,LLCfor a Modifications offlro, er and a Conditional Use Permit re car wash facility and at 5453 Wesleyan Drive (GPIN 1468447741)DISTRICT 4 The following conditions shall be required: An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court. Conditional Use Permit Conditions 1. The site shall be developed in substantial conformance with the submitted site plan entitled "5453 Wesleyan Drive Car Wash— Virginia Beach, VA Conceptual Development Plan,"dated July 25, 2023,prepared by Timmons Group, and "5453 Wesleyan Drive Car Wash— Virginia Beach, VA Conceptual Landscape Plan,"dated July 25, 2023,prepared by Timmons Group, which have been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 2. The car wash building shall be constructed in substantial conformance with the elevations "Renderings of Cool Wave Car Wash at Wesleyan Commons for Burnette/Baum pg. 1-3" dated August 25, 2023, and prepared by Bobby Willis, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning& Community Development. 3. Vacuum units and shrouds shall be silver in color as depicted in the renderings entitled "Renderings of Cool Wave Car Wash at Wesleyan Commons for Burnette/Baum pg. 1-3" dated August 25, 2023, and prepared by Bobby Willis, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning& Community Development. The units and shrouds shall, in total, not exceed six feet in height. 4. Vacuums shall be single turbine, not central turbine. 5. No window or outdoor advertising banners, pennants, streamers or other such visual devices beyond those permitted by the City Zoning Ordinance shall be permitted on the property. 6. No water produced by activities at the facility lot shall be permitted to fall upon or drain across public streets or sidewalks or adjacent properties. November 14, 2023 89 ITEM— VI.M.4 PLANNING ITEMS ITEM#74971 (Continued) 7. All on-site signage shall meet the requirements of the City Zoning Ordinance. Any freestanding signage shall be limited to one monument-style sign that shall be no taller than eight feet in height and shall be constructed with a base to match the proposed building in terms of color and material. There shall be no signs that contain or consist ofpennants, ribbons,streamers, spinners, strings of light bulbs, or other similar moving devices on the site or on the vehicles. There shall be no signs which are painted, pasted, or attached to the windows, utility poles, trees, or fences, or in an unauthorized manner to walls or other signs. 8. Pay station signage shall be constructed in substantial conformance with the renderings entitled "Renderings of Cool Wave Car Wash at Wesleyan Commons for Burnette/Baum pg. 1-3" dated August 25, 2023 and prepared by Bobby Willis, which have been exhibited to the Virginia Beach City Council and are on file in the Department of Planning& Community Development. 9. There shall be no portable or nonstructural signs or electronic display signs on the site. 10. Prior to final site plan approval, a Lighting Plan in accordance with Sections 252 and 254 of the Zoning Ordinance, or as amended, shall be approved by the Department of Planning and Community Development. 11. Prior to final site plan approval, a Landscaping Plan shall be approved by the Department of Planning and Community Development. 12. All outdoor lights shall have static lighting and shall be natural hues(e.g., white light). 13. The hours of operation of the Car Wash Facility shall be limited to the hours of 7:30 a.m. to 8:00 p.m., daily between May and September and shall be 7:30 a.m. to 730 p.m. daily between November and April. 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 14'h day of November Two Thousand Twenty Three. November 14, 2023 90 ITEM— VI.M.4 PLANNING ITEMS ITEM#749 71 (Continued) Voting: 10-0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None November 14, 2023 G�41A-B c a14 �L Ok CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE s = o ?i S CF OUR Npt�N In Reply Refer To Our File No. DF-11045 DATE: November 2, 2023 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson Uo� DEPT: City Attorney RE: Conditional Zoning Application; Burnette Baum Development Corporation The above-referenced conditional zoning application is scheduled to be heard by the City Council on November 14, 2023. 1 have reviewed the subject proffer agreement, dated August 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 SECOND AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS BURNETTE BAUM DEVELOPMENT CORPORATION,a Virginia corporation RVB3,LLC,a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT,made this 281h day of August, 2023,by and between BURNETTE BAUM DEVELOPMENT CORPORATION,a Virginia corporation,party of the first part,Grantor;RVB3,LLC, a Virginia limited liability company, party of the second part,Grantor; and THE CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia,party of the third part Grantee. WITNESSETH: WHEREAS, the party of the second part is the owner of that 0.579 acre parcel of property located in the City of Virginia Beach, Virginia, as described in Exhibit "A" attached hereto and incorporated herein by reference,which is referred to herein as the"Property";and WHEREAS, the party of the first part as contract purchaser of the Property has initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach,by petition addressed to the Grantee so as to modify conditions to the Zoning Classification of the Property;and WHEREAS, the Grantors have requested Grantee to permit this modification of the previously proffered "AGREEMENT"dated August 31, 1998 as recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, in Deed Book 4023, at Page 1775 (hereinafter "1998 Proffers") and the first amendment to the "1998 Proffers" as contained in that "PROFFER AGREEMENT"dated May 22,2022,as recorded in the afore referenced Clerk's Office as Instrument Number 202203029905.001 (hereinafter the "2022 Proffers") , to reflect amendments applicable to the land use plan on the Property; and GPI N: 1468-44-7741-0000 Prepared by: R.Edward Bourdon,Jr.,Esq.,VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 4429 Bonney Road Suite 500 Virginia Beach,Virginia 23462 WHEREAS, it is the intent of the Grantors that, except as expressly modified herein, the remaining unchanged, proffered covenants, restrictions and conditions as set forth in the 1998 Proffers be hereby affirmed; and WHEREAS, it is the intent of the Grantors that the proffered covenants, restrictions and conditions contained herein shall supersede in its entirety those covenants, restrictions and conditions set forth in the 2022 Proffers which are hereby replaced in their entirety;and WHEREAS,the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's proposed modification of conditions to the zoning gives rise;and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee,as a part of the proposed modification to the existing zoning conditions with respect to the Property,the following reasonable conditions related to the physical development,operation,and use of the Property to be adopted,which conditions have a reasonable relation to the proposed modification and the need for which is generated by the proposed modification. NOW, THEREFORE, the Grantors, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or-quid pro-quo for zoning,rezoning,site plan,building permit, or subdivision approval,hereby makes the following amendment to the Covenants,Conditions and Restrictions which shall restrict and govern the physical development,operation,and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property,which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors,personal representatives,assigns,grantees,and other successors in interest or title: 1. Proffer numbered 1 in the 1998 Proffers is hereby amended to reflect that Parcel A- 2 as depicted on the "Site Plan" as therein referenced was subdivided into Parcel A-2A and Parcel A-213 by a subdivision plat recorded in the Office of the Clerk of the Circuit Court of the City of 2 Virginia Beach, Virginia as Instrument Number 20070510000638170 and development of Parcel A-2A shall be permitted independently of Parcel A-213. 2. Proffered Subsection (b) of proffer numbered 4 in the 1998 Proffers is hereby deleted solely with respect to the Property(i.e.Parcel A-2A)and replaced with the following: (b) The uses permitted on Parcel A-2A shall be limited to medical/office, office, financial institutions, freestanding restaurants, with or without a drive through,retail or an automated car wash. 3. Proffers numbered 5 and 8 in the 1998 Proffers are deleted solely with respect to the Property and replaced with the following: The architectural design, exterior building materials and colors of the principal structure and vacuum sets on Parcel A-2A shall be substantially as depicted on the three (3) page exhibit entitled"RENDERINGS OF COOL WAVE CAR WASH AT WESLEYAN COMMONS FOR BURNETTE/BAUM" dated August 25, 2023, prepared by Bobby Willis,which has been exhibited to the Virginia Beach City Council and are on file with the Department of Planning and Community Development of the City of Virginia Beach (the"Renderings"). 4. Proffer number 7 in the 1998 Proffers is deleted solely with respect to the Property. S. The 2022 Proffers are hereby deleted in their entirety and superseded by the proffered conditions contained herein. 6. Except as modified or deleted herein,the remaining unchanged proffered covenants, restrictions and conditions applicable to Parcel A-2A,as set forth in the 1998 Proffers,are hereby ratified and affirmed. The above conditions, having been proffered, ratified and affirmed by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,and executed by the record owner of the Property at the time of recordation of such instrument,provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a 3 resolution adopted by the governing body of the Grantee,after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia,1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent,and if not so recorded,said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach,Virginia,shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order,in writing,that any noncompliance with such conditions be remedied;and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction,abatement,damages,or other appropriate action,suit,or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions,the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department,and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,and indexed in the names of the Grantor and the Grantee. 4 WITNESS the following signature and seal: Grantor: BURNETTE BAUM DEVELOPMENT CORPORATION, a Virginia corporation I� 4 By. (SEAL) William Burnette r.,Director STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this ZE�5 day of 2023, by William Burnette, Jr., Director of Burnette Baum Development Corporation, a Virginia corporation,Grantor. y Notary Public,_ /� �d:tYFtll Karen Ann Darden My Commission Expires: o q^ Y Z0 2U Commonwealth of Virginia Notary Registration Number:_I LD 0 AIO Notary Public Commission No.7606475 5 WITNESS the following signature and seal: Grantor: RV133,LLC,a Virginia limited liability company a�L4 By: 13 - (SEAL) Ronald V.Berscak,Jr.,Memb STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me thiq� /day of Sj�Mtl'rr023, by Ronald V. Berscak,Jr., Member of RV133,LLC,a Virginia linlited liability company,Grantor. via-It,j Notary Public My Commission Expires: /aN ��y t Notary Registration Number: 01 '; ODq C7D k O$- OTARY :ct� , G - PUBO t� is i F 6 Y EXHIBIT "A" ALL THAT certain lot, piece or parcel of land, lying,being and situate in the City of Virginia Beach, Virginia, with the improvements thereon and appurtenances thereunto belonging, known and numbered as"Parcel A-2A"as shown on that certain plat entitled"SUBDIVISION PLAT OF PARCEL A-2,SUBDIVISION PLAT OF WESLEYAN COMMONS,VIRGINIA BEACH,VIRGINIA(M.B. 280,PG.75- 77)", prepared by Precision Measurements, Inc. and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia as Instrument Number 20070510000638170. TOGETHER WITH rights as contained in the Easement and Development Agreement dated November 20, 1989,and recorded in the aforesaid Clerk's Office in Deed Book 2872,at page 1982. GPIN: 1468-44-7741-0000 H:\AM\-Mod of Proffers\-Burnette Baum Development\Wesleyan Drive\2nd Amendment to Proffers-final 9-18-2023.docx 7 91 ITEM— VI.M.5 PLANNING ITEMS ITEM#749 72 Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council APPROVED, AS CONDITIONED, BY CONSENT, application of EXCEL FITNESS VA 9, LLC DBA PLANET FITNESS/GENERAL BOOTH PROPERTIES OF VA BEACH,INC for a Conditional Use Permit re indoor recreational facility at 2336 Elson Green Avenue DISTRICT 5 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA EXCEL FITNESS VA 9, LLC DBA PLANET FITNESS / GENERAL BOOTH PROPERTIES OF VA BEACH,INC for a Conditional Use Permit re indoor recreational facility at 2336 Elson Green Avenue (GPIN 2414245953)DISTRICT 5 The following conditions shall be required: 1. Operation of the Indoor Recreational Facility shall be in substantial conformance with the site layout plan entitled "Proposed Planet Fitness Parking", dated September 9, 2023, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning& Community Development. 2. 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 prior to commencing operation. 3. The maximum number of individuals within the facility shall not exceed the maximum number as required by applicable building codes, noted on the Certificate of Occupancy, and posted by the Fire Marshal. 4. All exterior building signage shall comply with the requirements of the City Zoning Ordinance unless authorized by the Board of Zoning Appeals. This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 14'h day of November Two Thousand Twenty Three. Voting: 10-0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None November 14, 2023 Al _ R10 sleyan �2 We Dri�e B R10 R10 R10 I(Iw�Cc ® site Excel Fitness VA 9, LLC dba Planet Fitness w r; Property Polygons 2336 Elson Green Avenue S Zoning Building Feet 02040 80 120 160 200 240 92 ITEM— VI.M.6 PLANNING ITEMS ITEM#749 73 Upon motion by Vice Mayor Wilson, seconded by Council Member Schulman, City Council APPROVED, AS CONDITIONED,application ofASHLEY GULLERfor a Conditional Use Permit re short term rental at 921 Pacific Avenue, Unit B DISTRICT S BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA ASHLEY GULLER for a Conditional Use Permit re short term rental at 921 Pacific Avenue, Unit B (GPIN 24272444111130) DISTRICT S The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 921 Pacific Avenue Unit B and the Short Term Rental use shall only occur in the principal structure. 2. An annual(yearly)SIR Zoning Permit must be obtained from the Department of Planning and Community Development(Zoning Administration)before using the dwellingfor Short- Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. This Conditional Use Permit shall expire five (5)years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department;however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two(2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30)minutes and to be physically present at the Short Term Rental within one (1)hour. 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements `a'through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6)months of the property real estate transaction closing date. November 14, 2023 93 ITEM— VLM.6 PLANNING ITEMS ITEM#749 73 (Continued) a. A completed Department of Planning and Community Development Short Term Rental Zoning Permit;and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least $I-Million. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site, except that each short term rental shall have one (1)four- square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 13. The Short Term Rental shall have no more than one(1)rental contract for every seven(7) consecutive days. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers') shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three(3). November 14, 2023 94 ITEM— VI.M.6 PLANNING ITEMS ITEM#74973 (Continued) 17. The property owner, or their representative,shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit(in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the time of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 18. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks,porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks,porches, and balconies must be posted on each level of these structures. This Ordinance shall be effective in accordance with Section 107(f)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 14`h day of November Two Thousand Twenty Three. November 14, 2023 95 ITEM— VI.M.6 PLANNING ITEMS ITEM#749 73 (Continued) Voting: 8-1 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth"Remick,Jennifer Rouse,Joashua F. `Joash"Schulman, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Voting Nay: Chris Taylor Council Members Absent: Dr.Amelia N. Ross-Hammond November 14, 2023 } i• 1 .O OR OR 01 o O�R c� th St feet or.f _ - -- /enUe OR N ® Site Ashley Guller W } r� Property Polygons Zoning 921 Pacific Avenue, Unit B S Building Feet 0 1020 40 60 80 100 120 96 ITEM— VIM.7 PLANNING ITEMS ITEM#74974 The following registered to speak.- Eddie Bourdon, 4429 Bonney#500,Phone: 499-8971,Attorney for Applicant, spoke in SUPPORT Upon motion by Council Member Remick,seconded by Vice Mayor Wilson, City Council APPROVED,AS CONDITIONED, application of THE FOUNTAIN, LLC for a Conditional Use Permit re short term rental at 307 34`"Street DISTRICT 6 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA THE FOUNTAIN, LLC for a Conditional Use Permit re short term rental at 307 34`"Street(GPIN 2418938232)DISTRICT 6 The following conditions shall be required: 1. The following conditions shall only apply to the dwelling units addressed as 307 34th Street, Units A and B, and 307 34th and%Street, Units A and B and the Short Term Rental use shall only occur in the principal structures. 2. An annual(yearly)STR Zoning Permit must be obtained from the Department of Planning and Community Development(Zoning Administration)before using the dwellingfor Short- Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance or as approved by City Council. 4. This Conditional Use Permit shall expire five (5) years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department;however, the Planning Department shall notes the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. S. No events associated with the Short Term Rental shall be permitted with more than the allowed number ofpeople who may stay overnight(number of bedrooms times two(2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30)minutes and to be physically present at the Short Term Rental within one (1)hour. November 14, 2023 97 ITEM— VIM 7 PLANNING ITEMS ITEM#74974 (Continued) 7. If, or when, the ownership of the property changes, it is the seller's responsibility to note the new property owner of requirements `a'through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental Zoning Permit;and b. Copies of the Commissioner of Revenue's Office receipt of registration; and c. Proof of liability insurance applicable to the rental activity of at least $1-Million. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site, except that each short term rental shall have one (1)four- square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental andprovides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 13. The Short Term Rental shall have no more than one(1)rental contract for every seven (7) consecutive days. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million underwritten by insurers acceptable to the City. 15. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. November 14, 2023 98 ITEM— VIM 7 PLANNING ITEMS ITEM#749 74 (Continued) 16. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers') shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three(3). 17. The property owner, or their representative,shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit(in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the time of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 18. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks,porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks,porches, and balconies must be posted on each level of these structures. This Ordinance shall be effective in accordance with Section 107 f of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 14`h day of November Two Thousand Twenty Three. November 14, 2023 99 ITEM— VI.M.7 PLANNING ITEMS ITEM#749 74 (Continued) Voting: 8-1 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth"Remick,Jennifer Rouse,Joashua F. `Joash"Schulman, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Voting Nay: Chris Taylor Council Members Absent: Dr. Amelia N. Ross-Hammond November 14, 2023 OR 02 A stree 34th a OR Al2 J f" Street N ® Site The Fountain, LLC W E Property Polygons 307 34th Street S QZoning Building Feet 0 510 20 30 40 50 60 100 ITEM— VI.M.8 PLANNING ITEMS ITEM#74975 The following registered to speak.- Michael McGlynn,Applicant, 311 35"`Street, Phone: 581-2966, spoke in SUPPORT Upon motion by Council Member Remick,seconded by Vice Mayor Wilson, City Council APPROVED,AS CONDITIONED, application of TRACI R. McGLYNN& MICHAEL L. McGLYNN for a Conditional Use Permit re short term rent at 523 22"d Street DISTRICT 6 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA TRACI R. McGLYNN & MICHAEL L. McGLYNN for a Conditional Use Permit re short term rent at 523 22"d Street (GPIN 2417987516)DISTRICT 6 The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 523 22nd Street and the Short Term Rental use shall only occur in the principal structure. 2. An annual(yearly)STR Zoning Permit must be obtained from the Department of Planning and Community Development(Zoning Administration)before using the dwellingfor Short- Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii)of the City Zoning Ordinance or as approved by City Council. 4. This Conditional Use Permit shall expire five (5)years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department;however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 5. No events associated with the Short Term Rental shall be permitted with more than the allowed number of people who may stay overnight(number of bedrooms times two(2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 6. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty(30)minutes and to be physically present at the Short Term Rental within one (1)hour. November 14, 2023 101 ITEM— VI.M.8 PLANNING ITEMS ITEM#749 75 (Continued) 7. If, or when, the ownership of the property changes, it is the seller's responsibility to notify the new property owner of requirements 'a'through 'c'below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6) months of the property real estate transaction closing date. a. A completed Department of Planning and Community Development Short Term Rental Zoning Permit;and b. Copies of the Commissioner of Revenue's Office receipt of registration; and C. Proof of liability insurance applicable to the rental activity of at least $1-Million. 8. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 9. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 10. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 11. Accessory structures shall not be used or occupied as Short Term Rentals. 12. No signage shall be on-site, except that each short term rental shall have one (1)four- square foot sign posted on the building, or other permanent structure or location approved by the ZoningAdministrator,that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 13. The Short Term Rental shall have no more than one(1)rental contract for every seven(7) consecutive days. 14. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least $1-Million underwritten by insurers acceptable to the City. November 14, 2023 102 ITEM— 1/I.M.8 PLANNING ITEMS ITEM#749 75 (Continued) 15. There shall be no outdoor amplified sound after 10:00p.m. or before 10:00 a.m. 16. The maximum number of persons on the property after 11:00 p.m. and before 7.00 a.m. ("Overnight Lodgers') shall be two (2) individuals per bedroom, which number shall not include minors under the age of 16, provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three(3). 17. The property owner,or their representative,shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one fire extinguisher has been installed inside the unit(in the kitchen) and in plain sight 2) Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the time of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 18. A structural safety inspection report shall be provided to the city every three (3)years indicating all exterior stairways, decks,porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect) and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks,porches, and balconies must be posted on each level of these structures. This Ordinance shall be effective in accordance with Section 107 f of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 14'* day of November Two Thousand Twenty Three. November 14, 2023 103 ITEM— VI.M.8 PLANNING ITEMS ITEM#74975 (Continued) Voting: 8-1 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M.Dyer,Barbara M.Henley,Robert W. "Worth"Remick,Jennifer Rouse,Joashua F. `Joash"Schulman, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Voting Nay: Chris Taylor Council Members Absent: Dr.Amelia N. Ross-Hammond November 14, 2023 R5 D �f Street OR 'R , N Site Traci R. McGlynn & Michael L McGlynn W ►. Property Polygons -� Zoning 523 22nd Street S Building Feet 0 5 10 20 30 40 50 60 104 ITEM— VI.N. APPOINTMENTS ITEM#749 76 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS BOARD OF ZONING APPEALS CHESAPEAKE BAYAREA PRESER VA TION BOARD CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD DEFERRED COMPENSATION BOARD GREEN RIBBON COMMITTEE HAMPTON ROADS TRANSPORTATION PLANNING ORGANIZATION HEALTH SERVICES AD VISOR Y BOARD HISTORIC PRESERVATION COMMISSION IN-HOUSE PHARMA CY EXPL ORA TOR Y COMMITTEE MILITAR Y ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OLD BEACH DESIGN REVIEW BOARD OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PLANNING COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION SENIOR SERVICES OF SOUTHEASTERN VA BOARD URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE VIRGINIA BEACH CDC VIRGINIA BEACH VA250 COMMITTEE WETLANDS BOARD November 14, 2023 105 ADJOURNMENT ITEM#74977 Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 7:41 P.M. Terri H. Chelius Chief Deputy tty Clerk Nmh , Ama Barnes, MW Robert M. Dyer City Clerk Mayor City of Virginia Beach Virginia November 14, 2023 106 OPEN DIALOGUE The following registered to speak: Hannah Merk, 486 Piney Branch Court, Phone: 799-5166, did not respond The following speakers spoke to request the Winston-Salem Avenue improvements project be expedited: Cason Barco, Phone: 409-3420 BJBaumann, Phone: 335-1233 Susan Hrubes, Phone: 705-9839 Robin Barefield, Phone: 954-816-4061 Blake Roberson, Phone: 754-9439 Holli Matir, 4165 Rainbow Drive, Phone: 339-5325, expressed her frustration for the high fees on her water bill and submitted a proposed billing change with prices based on the number of residents. David Leader, 5725 North Hampton Boulevard, Phone: 451-9117, requested to serve on the 90 day Festival Task Force ADJOURNED AT 8:01 P.M. November 14, 2023