HomeMy WebLinkAbout1-2-2024 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR ROBERT M. "BOBBY"DYER,At Large �r11A BE q
VICE MAYOR ROSEMARY WILSON-District 5 '
MICHAEL F.BERLUCCHI-District 3 0
BARBARA M.HENLEY-District 2 \'
2
VACANT-District 1
ROBERT W. "WORTH"REMICK-District 6 '
DR.AMELIA N.ROSS-HAMMOND-District 4 e�
JENNIFER ROUSE-District 10
JOASHUAF. 'JOASH"SCHULMAN-District 9 °F oo■ ■0100
CHRIS TAYLOR-District 8
SABRINA D. WOOTEN-District 7
CITY HALL BUILDING I
CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE
CITY MANAGER—PA TRICK A.DUHANEY VIRGINIA BEACH, VIRGINLA 23456
CI7YATTORNEY-MARK D.STILES CITY COUNCIL AGENDA PHONE.(757)385-4303
CITY ASSESSOR-SUE CUNNINGHAM FAX(757)385-5669
CITY AUDITOR-LYNDONS.REMIAS January 2,2024 EMAIL:CITYCOUNCIL@VBGOV.COM
CITY CLERK-""DA BARNES
MAYOR ROBERT M. "BOBBY" DYER
PRESIDING
I. CITY COUNCIL'S BRIEFING -Conference Room- 2:30 PM
A. FEDERAL LEGISLATIVE UPDATE
Anthony Bedell, Senior Corporate& Government Relations Director—Becker&Poliakoff
Alfonso Lopez, Senior Corporate& Government Relations Consultant—Becker& Poliakoff
II. CITY MANAGER'S BRIEFING
A. PENDING PLANNING ITEMS 3:00 PM
Kaitlen Alcock, Planning Administrator
III. CITY COUNCIL LIAISON REPORTS 3:30 PM
IV. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:45 PM
V. CITY COUNCIL AGENDA REVIEW 4:15 PM
VI. INFORMAL SESSION - Conference Room- 4:30 PM
A. CALL TO ORDER
B. CITY COUNCIL ROLL CALL
C. RECESS TO CLOSED SESSION
FORMAL SESSION - City Council Chamber- 6:00 PM
A. CALL TO ORDER— Mayor Robert M. "Bobby" Dyer
B. INVOCATION
C. MOMENT OF SILENCE
D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
E. ROLL CALL OF CITY COUNCIL
F. CERTIFICATION OF CLOSED SESSION
G. MINUTES
1. INFORMAL AND FORMAL SESSIONS December 5,2023
2. INFORMAL AND FORMAL SESSIONS December 12,2023
H. MAYOR'S PRESENTATION
1. RECOGNIZING ENVISION LEAD GROW
(Sponsored by Council Members Berlucchi, Schulman, Remick, Rouse and Wooten)
I. PUBLIC HEARING
1. GRANT OF EASEMENT OVER CITY-OWNED PROPERTY
20 foot wide utility easement to Greensville County Water& Sewer Authority
(Lake Gaston Pipeline located in the Town of Jarratt, Greensville County, Virginia)
J. FORMAL SESSION AGENDA
1. CONSENT AGENDA
K. ORDINANCES/RESOLUTION
1. Ordinance to ACCEPT and APPROPRIATE $14.9-Million in Federal Funding from the Safe
Streets and Roads for All grant program to the FY2023-24 Parks and Recreation Operating
Budget; APPROPRIATE $2.998-Million from the General Fund Balance to the FY2023-24
Parks and Recreation Operating Budget; AUTHORIZE a local match totaling$3.9-Million; and
TRANSFER$17.898-Million from the FY2023-24 Parks and Recreation Operating Budget to
Capital Project#100644, "Virginia Beach Trail" (Requested by Mayor Dyer, Vice Mayor Wilson,
and Council Members Berlucchi, Remick, Ross-Hammond, Rouse, Schulman, and Wooten)
2. Ordinance to AUTHORIZE the Modification of the Memorandum of Understanding between the
City and the Virginia African American Cultural Center, Inc. re extend certain construction
deadlines
3. Ordinance to APPROPRIATE $687,072 from the lease of dark fiber to Capital Project
#100106, "Next Generation Network"
4. Ordinance to ACCEPT and APPROPRIATE $499,753 from the Virginia Department of
Criminal Justice Services to the FY2023-24 Commonwealth Attorney's Operating Budget and to
AUTHORIZE two (2) grant-funded full-time positions re prosecuting certain misdemeanor
offenses
5. Resolution to ADD Student Members to the Flood Prevention Bond Referendum Oversight
Board
L. PLANNING
1. RUFFIN 86,LLC for a Variance to Section 4.4(c) of the Subdivision Regulations re demolish
three (3) dwelling units to construct one-single family dwelling at 109 A & B 861` Street &
8600 Ocean Front Avenue DISTRICT 6 (Deferred from December 12, 2023)
RECOMMENDATION: APPROVAL
M. APPOINTMENTS
90-DAY FESTIVAL TASK FORCE
BAYFRONT ADVISORY COMMISSION
BEACHES AND WATERWAYS ADVISORY COMMISSION
CLEAN COMMUNITY COMMISSION
COMMUNITY POLICY AND MANAGEMENT TEAM
COMMUNITY SERVICES BOARD
DEFERRED COMPENSATION BOARD
GREEN RIBBON COMMITTEE
HAMPTON ROADS TRANSPORTATION PLANNING ORGANIZATION
HISTORIC PRESERVATION COMMISSION
IN-HOUSE PHARMACY EXPLORATORY COMMITTEE
MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE
OLD BEACH DESIGN REVIEW BOARD
OPEN SPACE ADVISORY COMMITTEE
PERSONNEL BOARD
PROCESS IMPROVEMENT STEERING COMMITTEE
PUBLIC LIBRARY BOARD
RESORT ADVISORY COMMISSION
SENIOR SERVICES OF SOUTHEASTERN VA BOARD
SHORT TERM RENTAL ENFORCEMENT TASK FORCE
TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE
URBAN AGRICULTURE ADVISORY COMMITTEE
VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
WETLANDS BOARD
N. UNFINISHED BUSINESS
O. NEW BUSINESS
P. ADJOURNMENT
OPEN DIALOGUE
Non-Agenda Items
Each Speaker will be allowed 3 minutes
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 3854303
The Agenda (including all backup documents) is available at https://clerk.virginiabeach. og v/city-
council under the eDocs Document Archive. If you would like to receive by email a list of the
agenda items for each Council meeting, please submit your request to TChelius(ibvb og v.com or
call 3 85-4303.
Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to
participate virtually, must follow the two-step process provided below:
1. Register for the WebEx at:
https://vbgov.webex.com/weblink/register/rO834c69c44f7307ff36e l 6908bc238a3
2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on
January 2, 2024.
I. CITY COUNCIL'S BRIEFING - Conference Room- 2:30 PM
A. FEDERAL LEGISLATIVE UPDATE
Anthony Bedell, Senior Corporate& Government Relations Director—Becker&Poliakoff
Alfonso Lopez, Senior Corporate& Government Relations Consultant—Becker& Poliakoff
II. CITY MANAGER'S BRIEFING
A. PENDING PLANNING ITEMS 3:00 PM
Kaitlen Alcock, Planning Administrator
I II. CITY COUNCIL LIAISON REPORTS 3:30 PM
IV. CITY COUNCIL DISCUSSION/ INITIATIVES/COMMENTS 3:45 PM
V. CITY COUNCIL AGENDA REVIEW 4:15 PM
VI. INFORMAL SESSION - Conference Room- 4:30 PM
A. CALL TO ORDER
B. CITY COUNCIL ROLL CALL
C. RECESS TO CLOSED SESSION
VII. FORMAL SESSION -City Council Chamber- 6:00 PM
A. CALL TO ORDER—Mayor Robert M. "Bobby"Dyer
B. INVOCATION
C. MOMENT OF SILENCE
D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
E. ROLL CALL OF CITY COUNCIL
F. CERTIFICATION OF CLOSED SESSION
G. MINUTES
1. INFORMAL AND FORMAL SESSIONS December 5, 2023
2. INFORMAL AND FORMAL SESSIONS December 12, 2023
H. MAYOR'S PRESENTATION
1. RECOGNIZING ENVISION LEAD GROW
(Sponsored by Council Members Berlucchi, Schulman, Remick, Rouse and Wooten)
I. PUBLIC HEARING
1. GRANT OF EASEMENT OVER CITY-OWNED PROPERTY
20 foot wide utility easement to Greensville County Water& Sewer Authority
(Lake Gaston Pipeline located in the Town of Jarratt, Greensville County, Virginia)
.7.4. 1.
PUBLIC HEARING
GRANT OF EASEMENT
OVER CITY PROPERTY
The Virginia Beach City Council
will hold a PUBLIC HEARING on
the granting of a 20'-wide utility
easement to Greenville County
Water&Sewer Authority across
City-owned property located in
the Town of Jarrett,Greensville
County, Virginia, Tuesday,
January 2,2024 at 6:00 p.m.,in
the Council Chambers of the City
Hall Building (Building #1)
Municipal Center, Virginia
Beach,Virginia.The property to
be subject to the easement
contains the Lake Gaston
Pipeline and lies adjacent to the
eastern right of way line of South
Allen Road(Route 610).
This hearing will be t0 obtain
public input to determine
whether this 20'-wide utility
easement should be declared
"excess of the City's needs."
If you are physically disabled or
visually impaired and need
assistance at this meeting,
please call the CITY CLERK'S
OFFICE at 3854303; Hearing
impaired,call 711(Virginia Relay
-Telephone Device for the Deaf).
Any questions concerning this
matter should be directed to the
Office of Real Estate, 2473 N.
Landing Road, Municipal
Building#23,(757)385-4161.
If you wish to make comments
virtually during the public
hearing, please follow the two-
step process provided below:
1. Register for the WebEx at:
hftps://vbqov.webex.com/
webli n k/reg i ster/r0834c69
c44f7307ff36e 16908bc23
8a3
2. Register with the City
Clerk's Office by calling
757-385-4303 prior to
5:00 p.m. on January 2,
2024.
All interested parties are invited
to participate.
Amanda Barnes,MMC
BEACON: December 24,2023
s�
CITY OF VIRGINIA BEACH
F AGENDA ITEM
ITEM: An Ordinance to authorize granting a 20' (3,216 sq. ft.) utility easement across a
portion of the City's Lake Gaston Pipeline property located in the Town of Jarratt,
Greensville County, Virginia to Greensville County Water & Sewer Authority and
declaring such easement to be in excess of the City's needs
PUBLIC HEARING DATE: January 2, 2024
MEETING DATE: January 16, 2024
s Background:
The City of Virginia Beach owns and maintains the Lake Gaston Pipeline, which
extends from Brunswick County to Isle of Wight County (the "Pipeline"). The
Pipeline provides water from Lake Gaston to the City of Virginia Beach. The
Pipeline runs through a City-owned right-of-way, a portion of which intersects
with South Allen Road (Route 610) in the Town of Jarratt in Greensville County,
Virginia (the "Property"). The section of the Property that will be affected is
adjacent to the eastern side of Route 610. Greensville County Water & Sewer
Authority ("GCWSA") has requested that the City grant a 20'-wide utility
easement (approximately 3,216 sq. ft. /0.074 acres) across a portion of the
Property to install and maintain buried pipes consisting of an 18" waterline in a
30" bored casing that will serve Greensville County.
s Considerations:
Granting an easement over the Property to GCWSA would not interfere with or
limit the City's use of the Pipeline.
No payment is being required for the conveyance of this Easement because the
Greensville Authority is a political subdivision, and the City committed to
cooperate in such matters at the time the Pipeline corridor was established.
Although the Department of Public Utilities may consider requiring payment for
future easement requests to cover staff time, consultant review, and appraisal
costs, the City has not charged for previous easements.
a Public Information:
Advertisement of Public Hearing and public notice via the normal City Council
agenda process.
IF. Alternatives:
Deny the easement, or add conditions as desired by Council.
s Recommendations:
Approval.
R Attachments:
Ordinance, Exhibit A, Summary of Terms and Disclosure Statement
Recommended Action: Approval
Submitting Department/Agency: Public Works/Real Estate
City Manager: / n
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE GRANTING A 20'
4 (3,216 SQ. FT.) UTILITY EASEMENT ACROSS A
5 PORTION OF THE CITY'S LAKE GASTON PIPELINE
6 PROPERTY LOCATED IN THE TOWN OF JARRATT,
7 GREENSVILLE COUNTY,VIRGINIA TO GREENSVILLE
8 COUNTY WATER & SEWER AUTHORITY AND
9 DECLARING SUCH EASEMENT TO BE IN EXCESS OF
10 THE CITY'S NEEDS
11
12 WHEREAS, the City of Virginia Beach owns and maintains the Lake Gaston
13 Pipeline,which extends from Brunswick County to Isle of Wight County(the"Pipeline'),and
14 provides raw water from Lake Gaston to the City of Virginia Beach;
15
16 WHEREAS, a portion of the City-owned right-of-way through which the
17 Pipeline runs, intersects with South Allen Road (Route 610) in the Town of Jarratt,
18 Greensville County, Virginia (the "Property");
19
20 WHEREAS, Greensville County Water & Sewer Authority ("GCWSA") has
21 requested that the City grant it a 20' utility easement consisting of approximately 3,216 sq.
22 ft. (0.074 acres)(the "Easement")across a portion of the Property in the location shown on
23 the plat attached hereto as Exhibit A and made a part hereof, for the purpose of installing
24 and maintaining buried pipes with an 18" waterline in a 30" bored casing that will serve
25 Greensville County; and
26
27 WHEREAS, Public Utilities has advised that granting the Easement will not
28 interfere with the City's operation of the Pipeline.
29
30 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
31 CITY OF VIRGINIA BEACH, VIRGINIA:
32
33 That the Easement is hereby declared to be in excess of the City's needs,
34 and the City Manager is hereby authorized to execute the necessary documents to grant
35 the Easement as shown on the plat attached hereto as Exhibit A and made a part hereof;
36 and
37
38 That the documents granting the Easement shall be consistent with the
39 Summary of Terms attached hereto as Exhibit B and made a part hereof, with such other
40 terms, conditions or modifications as may be acceptable to the City Manager and in a form
41 deemed satisfactory by the City Attorney.
42
43 Adopted by the Council of the City of Virginia Beach, Virginia, on the
44 day of_ . 2024.
i
THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF
ALL COUNCIL MEMBERS ELECTED TO COUNCIL
CA16240
R-1
PREPARED: 11/7l23
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APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY AND FORM:
P L WOR S, REAL ESTATE CITY ATTORNEY
APPROVED AS TO CONTENT:
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Easement Line Table
Line# Bearing Length 1
L1 N28°56'05"E 160.99, \ !
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L3 N28°56'05"E 160,59' \ cZtt \ \S Rp of
L4 S83°36'12"E 21.65'
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L5 N82°37'39"W 38.41' TAX MAP#:12132-7-F-5
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L6 S83°36'12"E 82.30 THERE ARE 0.07 ACt(3,216SOFT)IN
PROPORTION OF THE 20 FT.WIDE
L7 S82°38'12"E 15.81' PROPOSED PERMANENT UTILITY EASEMENT \
EXHIBIT A SEPTEMBER 7, 2023 01
� ov 100'
SCALE: 1" = 50'
OWNER: LEGEND
NAME: GREENSVILLE COUNTY WATER&SEWER AUTHORTY — — PROPERTY LINE
CONTACT: GLEN GIBSON
ADDRESS: 1781 GREENSVILLE COUNTY CIRCLE —' —"'—'— PROPOSED EASEMENT
EMPORIA,VIRGINIA 23847 EXISTING EASEMENT
PHONE: (434)348-4213 EXISTING OVERHEAD POWER
EXISTING WATERLINE
PROPERTY INFO: EXISTING FORCEMAIN
TAX MAP#:1262-7-F-5 EXISTING PAVEMENT
SURVEY DATUM:NAD83,VA STATE PLANE,SOUTH ZONE EXISTING BUILDING/STRUCTURE
\Pmjwt,\0r«rrAo camtr\wm1*Q1\WW\2207e -Jv tt wtr COMM Eq...o.n\oMV&- sNaa g Sp 07. 2023- 10.50am
EXHIBIT "B"
SUMMARY OF TERMS
GRANTOR: City of Virginia Beach
GRANTEE: Greensville County Water& Sewer Authority
EASEMENT: 20' utility easement, consisting of 3,216 sq. ft., or 0.074
acres, more or less, crossing the City's right-of-way
housing the City's Lake Gaston Raw Water Pipeline
and lying adjacent to the western right-of-way line of
South Allen Road (Route 610) in Greensville County,
Virginia
CONSIDERATION: No consideration will be required
CONDITIONS OF SALE:
• The Grantor shall have the right but not the obligation to repair or remove
the Grantee's facilities in the Easement in the event of an emergency,
public necessity or public safety, and Grantee shall bear all costs and
expenses of such repair or removal.
• The Grantee shall indemnify, hold harmless and defend the City and its
agents and employees from all claims, damages, losses and expenses in
case it shall be necessary to file or defend an action arising out of the
Grantee's use of the Easement.
• No construction or maintenance of facilities, other than those specified in
the Deed of Easement will be permitted.
• Grantee must notify the City within at least 48-hours of construction within
the right-of-way to arrange for a City representative to be on-site to
oversee the construction.
• If any utility conflicts are determined between the Easement and the City's
use of the existing water line, work shall not commence until the City's
Public Utilities Department approves all construction plan revisions.
• Grantee may not charge Grantor any fees or costs for future requests to
encroach into the Easement, if any, and shall review all such requests
promptly.
Disclosure Statement
PlanIiing & i,`C3IIli7Iunfty
Development
enl
The disclosures contained in this form are necessary to inform public officials who may vote on the application as to
whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for
all applications that pertain to City real estate matters or to the development and/or use of property in the City of
Virginia Beach requiring action by the City Council or a City board,commission or other body.
Applicant Disclosure
Applicant Name Greenville County Water&Sewer Authority
Does the applicant have a representative? K Yes ❑ No
• If yes,list the name of the representative.
Glen Gibson,GCWSA Assistant Director
Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes No
• If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list If necessary)
• If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach
a list if necessary)
'"Parent-subsidiary relationship means"a relationship that exists when one corporation directly or indirectly owns shares
possessing more than SO percent of the voting power of another corporation." See State and Local Government Conflict of Interests
Act,VA.Code§2.2-3101.
'"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one
business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a
controlling owner in the other entity,or(ill)there is shared management or control between the business entities. Factors that
should be considered in determining the existence of an affiliated business entity relationship Include that the same person or
substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business
entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or
there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va.
Code§2.2-3101.
Revised 11.09.2020 11 P a g e
Disclosure Statement
Planning&Community
Known Interest by Public Official or Employee
Does an official or employee of the City of Virginia Beach have an Interest in the subject land or any proposed development
contingent on the subject public action?❑Yes N No
• If yes,what is the name of the official or employee and what is the nature of the interest?
Applicant Services Disclosure
1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering
any financing in connection with the subject of the application or any business operating or to be operated on the property?
❑ Yes Q No
• If yes,identify the financial institutions providing the service.
2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property?
❑ Yes IN No
• If yes,identify the company and individual providing the service.
3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of
the application or any business operating or to be operated on the property?❑Yes No
• If yes,identify the firm and individual providing the service.
4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of
the application or any business operating or to be operated on the property? ❑Yes a No
• If yes,identify the firm and individual providing the service.
5. Is there any other pending or proposed purchaser of the subject property?❑ Yes No
• If yes,identify the purchaser and purchaser's service providers.
Revised 11.09.2020 2 1 P a g e
Disclosure Statement 113
iffy alS irpeau[kta+.s
Planning& Community
Development
6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or
to be operated on the property?❑ Yes ® No
• If yes,identify the company and individual providing the service.
7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business
operating or to be operated on the property?M Yes ❑ NO
• If yes,identify the firm and individual providing the service.
B&B Consultants,Sam Carroll
8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be
operated on the property?❑Yes ® No
• If yes,identify the firm and individual providing the service.
Applicant Signature
I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that,
upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the
information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board
or any public body or committee in connection with this application.
ADA.
Applicant Signature
Glen Gibson,GCWSA Assistant Director
Print Name and Title
11-10-2023
Date - -- -----— . ._
Is the applicant also the owner of the subject property? ❑ Yes K NO
• If yes,you do not need to fill out the owner disclosure statement.
FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and City Council meeting
that pertains to the applications
No cha nges as of Date Signature
-- — ----- -- --------
Print Name �—
Revised 11.09.,.020 3 1 P a g e
Disclosure Statement
1) ririillg & C0111111LIDity
Development
Continue to Text Page for owner Disclosure
Revised 11.09.2020 4 P a g e
Disclosure Statement
try�4 a$nx�Aar
Planning&C'ornmunitp
Dm elopnient _...
Owner Disclosure
Owner Name
Applicant Name Greensville County Water&Sewer Authority
Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? ❑Yes ❑ No
• If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary)
• If yes,list the businesses that have a parent-subsidiary;or affiliated business entity°relationship with the Owner. (Attach a
list if necessary)
Known Interest by Public Official or Emplovee
Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development
contingent on the subject public action?❑ Yes ❑ No
• If yes,what is the name of the official or employee and what is the nature of the interest?
3"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares
possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests
Act,VA.Code§2.2-3101.
""Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one
business entity has a controlling ownership interest In the other business entity,(ii)a controlling owner in one entity is also a
controlling owner in the other entity, or(iii)there is shared management or control between the business entities. Factors that
should be considered in determining the existence of an affiliated business entity relationship include that the same person or
substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business
entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or
there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va.
Code§2.2-3101.
Revised 11.09.2020 5 1 P a g e
7 � _
a ,
k t.
t
Owner Services Disclosure
1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any
financing in connection with the subject of the application or any business operating or to be operated on the property?
❑ Yes ❑ No
• If yes,identify the financial institutions providing the service.
2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property?
❑Yes ❑ No
s If yes,Identify the company and individual providing the service.
3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the
application or any business operating or to be operated on the property? ❑ Yes ❑ No
• If yes,identify the firm and individual providing the service.
4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of
the application or any business operating or to be operated on the property?❑ Yes ❑ NO
• If yes,identify the firm and individual providing the service.
5. Is there any other pending or proposed purchaser of the subject property? ❑Yes ❑ No
• If yes,identify the purchaser and purchaser's service providers.
6. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or
to be operated on the property?❑ Yes ❑ No
• If yes,identify the company and individual providing the service.
7. Does the Owner have an engineer/surveyor/agent in connection with the subject of the application or any business operating
or to be operated on the property?❑ Yes ❑ No
• If yes,identify the firm and individual providing the service.
Revised 11.09.2020 6 1 P a g e
Disclosure Statement
Planning& Community
nity
:; .. Developnvnt
8. Is the Owner receiving legal services in connection with the subject of the application or any business operating orto be
operated on the property?❑ Yes ❑ No
• If yes,identify the firm and individual providing legal the service.
Owner Signature
I certify that all of the information contained in this Disclosure Statement Form Is complete,true,and accurate. 1 understand that,
upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the
information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,wetlands Board
or any public body or committee in connection with this application.
Owner Signature
Print Name and Title
Date
Re�ised 11.t19.2020 7 1 P a g e
J. FORMAL SESSION AGENDA
1. CONSENT AGENDA
K. ORDINANCES/RESOLUTION
1. Ordinance to ACCEPT and APPROPRIATE $14.9-Million in Federal Funding from the Safe
Streets and Roads for All grant program to the FY2023-24 Parks and Recreation Operating
Budget; APPROPRIATE $2.998-Million from the General Fund Balance to the FY2023-24
Parks and Recreation Operating Budget; AUTHORIZE a local match totaling$3.9-Million; and
TRANSFER$17.898-Million from the FY2023-24 Parks and Recreation Operating Budget to
Capital Project#100644, "Virginia Beach Trail" (Requested by Mayor Dyer, Vice Mayor Wilson.
and Council Members Berlucchi, Remick, Ross-Hammond, Rouse, Schulman, and Wooten)
2. Ordinance to AUTHORIZE the Modification of the Memorandum of Understanding between the
City and the Virginia African American Cultural Center, Inc. re extend certain construction
deadlines
3. Ordinance to APPROPRIATE $687,072 from the lease of dark fiber to Capital Project
#100106, "Next Generation Network"
4. Ordinance to ACCEPT and APPROPRIATE $499,753 from the Virginia Department of
Criminal Justice Services to the FY2023-24 Commonwealth Attorney's Operating Budget and to
AUTHORIZE two (2) grant-funded full-time positions re prosecuting certain misdemeanor
offenses
5. Resolution to ADD Student Members to the Flood Prevention Bond Referendum Oversight
Board
a
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Accept and Appropriate $14,900,000 in Federal Funding, to
Appropriate $2,998,000 from the Fund Balance of the General Fund, to Authorize
a Local Match, and to Transfer $17,898,000 as Pay-Go to Capital Project
#100644, "Virginia Beach Trail"
MEETING DATE: January 2, 2024
■ Background: The Safe Streets and Roads for All (SS4A) grant program is for
implementation, planning, and demonstration projects intended to improve safety and
help prevent deaths and serious injuries on the nation's roadway. The funding helps
communities address roadway safety through a comprehensive approach that aligns with
the National Roadway Safety Strategy of the U.S. Department of Transportation
(USDOT).
On December 13, 2023, the USDOT announced 385 fiscal year 2023 SS4A grant awards
totaling $813 million. The City was notified of an award totaling $14,900,000 in federal
funding for Virginia Beach Trail Phase 1: A Regional Connector.
The Virginia Beach Trail is the #1 priority in the City's Active Transportation Plan to
promote equitable access to an active transportation network, increase pedestrian and
bicycle user safety, and spur economic strength and vitality. This is the first phase of a
multi-phase project to connect Norfolk to the Oceanfront with a continuous trail. Also, this
is the last section of the reginal South Hampton Road Trail. The awarded funds are for
multiple safety improvements for the Virginia Beach Trail, a shared-use path that will
create more than three miles of pedestrian and bicycle trails completely separated from
vehicles. The trail will ultimately link multiple universities, businesses, and employment
opportunities to underserved communities along the corridor and will move people
walking and biking from a vehicle-centric arterial. The project also includes a pedestrian
bridge over the 10-lane arterial road (Independence Boulevard), high-visibility
crosswalks, and improved lighting.
The total project cost for this phase is $19,550,000. Of this amount, $750,000 is provided
from a federal earmark from the 2023 Omnibus Appropriations bill, and $14,900,000 from
this grant opportunity. The remainder, $3,900,000 is the required local match for the
project. All SS4A grants require a minimum of 20% local match. On November 21, 2023,
the City Council appropriated $902,000 to this project from the sale of easements to
Dominion Energy for the offshore wind project. This $902,000 can be applied towards the
local match requirement. The remaining local match of $2,998,000 is proposed to be
appropriated from the fund balance of the General Fund. The current fund balance
percentage of the General Fund as reported in the FY 2022-23 Annual Financial Report
is slightly above the 8-12% policy, at 13.9% of revenues. Utilizing $2.9 million in fund
balance will not materially impact this percentage.
■ Considerations: The attached ordinance accepts and appropriates the federal
funds, appropriates fund balance for a portion of the local match, authorizes the local
match, and transfers the funds to the Capital Improvement Program. After approval, the
USDOT and the City will need to enter into a grant agreement prior to the obligation of
award funds. Once an agreement is executed, the City will have five years to complete
this phase of the project.
In addition, execution of a Comprehensive Safety Action Plan will be a requirement in the
grant agreement. Public Works is actively working on a Comprehensive Safety Action
Plan and the first public meeting was held on November 16, 2023. It is anticipated that a
draft Comprehensive Safety Action Plan will be presented to the City Council for adoption
by summer of 2024.
■ Public Information: Normal Council Agenda process.
■ Recommendation: Approve the attached ordinance.
■ Attachments: Ordinance; Map; Project Page #100644
Requested by Mayor Dyer, Vice Mayor Wilson, and Councilmembers Berlucchi,
Remick, Ross-Hammond, Rouse, Schulman, and Wooten
REQUESTED BY MAYOR DYER, VICE MAYOR WILSON, AND COUNCILMEMBERS
BERLUCCHI, REMICK, ROSS-HAMMOND, ROUSE, SCHULMAN, AND WOOTEN
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 $14,900,000 IN FEDERAL FUNDING, TO APPROPRIATE
3 $2,998,000 FROM THE FUND BALANCE OF THE
4 GENERAL FUND, TO AUTHORIZE A LOCAL MATCH, AND
5 TO TRANSFER $17,898,000 AS PAY-GO TO CAPITAL
6 PROJECT #100644, "VIRGINIA BEACH TRAIL"
7
8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
9 VIRGINIA, THAT:
10
11 1. $14,900,000 from the Safe Streets and Roads for All grant program is
12 hereby accepted and appropriated, with federal revenue increased accordingly, to the FY
13 2023-24 Operating Budget of the Department of Parks and Recreation.
14
15 2. $2,998,000 is hereby appropriated from the fund balance of the General
16 Fund to the FY2023-24 Operating Budget of the Department of Parks and Recreation.
17
18 3. A local match totaling $3,900,000 is hereby authorized. The local match
19 shall consist of the $2,998,000 appropriated above and $902,000 that was previously
20 appropriated to Capital Project #100644, "Virginia Beach Trail."
21
22 3. $17,898,000 is hereby transferred as pay-go funding from the FY 2023-24
23 Operating Budget of the Department of Parks and Recreation to Capital Project#100644,
24 "Virginia Beach Trail."
Adopted by the Council of the City of Virginia Beach, Virginia on the day of
, 2024.
Requires an affirmative vote by a majority of all the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Budget AndrManagement Services CwAiKorney's Office
CA16389
R-3
December 27, 2023
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Legend
WOM
Virginia Beach Trail
City Properties
• �'�`�,''<�`u.�'-�=a..�j '�� -4 �y�y`�•'i ��►rta.�'�►�s^��s1�i�:•�:f<J�� 1��''r'��:
LOCATION MAP
NOW P2
VIRGINIA BEACH TRAIL PHASE I
IN
Fiscal Years FY25 through FY30 Capital Improvement Program
Project:PG100644 itle:Virginia Beach Trail [Status:Proposed
Category:Parks and Recreation Department:Parks and Recreation
Projectp' Project Location
Project Type:New Facility Construction/Expansion District:4
Programmed Funding
Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding
Funding To Date FY25 FY26 FY27 FY28 FY29 FY30 Future
1,652,000 1,652,000 -
Description . Scope
The proposed 12 mile trail is a 10'wide asphalt path with a 2'wide crush stone shoulder on each side and includes three pedestrian bridges(one over
Independence Blvd;two over waterways)travelling within the already acquired former Norfolk Southern Railroad right of way.Additionally,the Virginia
Beach Trail travels along two Federally Designated Opportunity Zones and city-designated redevelopment area,and three socio-economically challenged
census tracts:thus,providing an equitable solution to the need for transportation alternatives in the City of Virginia Beach.This phase of the project funds
the design and construction of a phased section of the proposed VBTrail from Newtown Road to Constitution Drive,or a portion thereof.Construction
funding could be leveraged as matching grant dollars when the opportunity arises for this phase,or other phases of the corridor.
Purpose and Need
The Virginia Beach Trail aligns with two of City Council's top priorities:Transportation and Economic Development.The Virginia Beach Trail is the active
transportation alternative to connect our neighborhoods,across the City,region and beyond by means other than the motor vehicle for a shared-use
network that supports tourism,locals,pedestrians,and bicyclists.The City's 2016 Comprehensive Plan and its Sustainability Plan,Connections Chapter,
have a primary goal to create an inter-connected,multi-modal transportation system providing efficient,safe,and affordable movement city-wide and
linking to regional systems.The Virginia Beach Trail has been a priority project in the City's adopted Bikeways and Trails Plans since 1981 and most
recently listed in the 2021 Active Transportation Plan.The VBTrail is part of a broader regional and state trail network.
History and Current Status
The project first appeared in the FY15 CIP as Transit Corridor Development.
Operating
To be determined.
FY25 FY26 FY27 FY28 FY29 FY30
Total Operating Budget Impacts
Total FTE
Project Map Schedule of
Project Activities From-To Amount
Design 07/23-06/27 5,750,000
Construction 07/23-06/29 13,800,000
Total Budgetary Cost Estimate: 19,550,000
Means of Financing
NO MAP REQUIRED Funding Subclass Amount
Federal Contribution 750,000
Sale of Property 902,000
Total Funding: 1,652,000
u
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance Authorizing the Modification of the Memorandum of
Understanding between the City of Virginia Beach and the Virginia African
American Cultural Center, Inc. to Extend Certain Construction Deadlines
MEETING DATE: January 2, 2024
■ Background: On October 20, 2015, by Ordinance ORD-3429A, City Council
authorized the execution of a Memorandum of Understanding (the "Original MOU")
between the City of Virginia Beach (the "City") and the Virginia African American Cultural
Center, Inc., formerly the African American Cultural Center ("VAACC"). The Original MOU
contemplated the City dedicating approximately 4.8 acres of land located at 704 Hampshire
Lane (GPINs: 1468-32-9552 and 1468-42-1766) (the "Property") to the VAACC for the
purpose of developing an African American cultural center (the "Cultural Center"). The
Cultural Center would include a gallery, rotunda hall, multi-purpose classrooms and a
formal performance space, together with outdoor events and walking trails.
On November 20, 2018, by Ordinance ORD-3572F, City Council authorized the execution
of an Amendment to the Original MOU (the "First Amendment"). The First Amendment
authorized the conveyance of the Property prior to certain conditions being met, including a
provision that the Property would revert back to the City if construction of the Cultural
Center did not commence on or before December 1, 2023 and be complete by December
1, 2025. On March 18, 2019, a Deed of Gift conveying the Property to the VAACC was
recorded, which contained the reversion clause if construction deadlines were not met.
■ Considerations: The VAACC has made substantial progress toward development;
however, due to various unforeseen circumstances, including the pandemic and related
inflation impacts and delayed capital campaign activities, construction of the Cultural
Center has not commenced. On November 26, 2023, the VAACC requested an extension
of thirty-six (36) months for both deadlines.
Other than the extension of construction deadlines, no changes have been requested to the
terms and conditions of the Original MOU or the First Amendment.
■ Public Information: Public notice will be provided via the normal City Council
agenda process.
0 Recommendations: Approval
■ Attachments: Ordinance, Location Map, Disclosure Statement
Submitting Department/Agency: Public Works / Real Estate
City Manager: fK
I AN ORDINANCE AUTHORIZING THE MODIFICATION OF
2 THE MEMORANDUM OF UNDERSTANDING BETWEEN THE
3 CITY OF VIRGINIA BEACH AND THE VIRGINIA AFRICAN
4 AMERICAN CULTURAL CENTER, INC. TO EXTEND CERTAIN
5 CONSTRUCTION DEADLINES
6
7 WHEREAS, on October 20, 2015, by Ordinance ORD-3429A, City Council
8 authorized the execution of a Memorandum of Understanding (the "Original MOU")
9 between the City of Virginia Beach (the "City") and the Virginia African American
10 Cultural Center, Inc., formerly the African American Cultural Center ("VAACC");
11
12 WHEREAS, the Original MOU contemplated the City dedicating approximately
13 4.8 acres of land located at 704 Hampshire Lane (GPINs: 1468-32-9552 and 1468-42-
14 1766) (the "Property") to the VAACC for the purpose of developing an African American
15 cultural center (the "Cultural Center");
16
17 WHEREAS, on November 20, 2018, by Ordinance ORD-3572F, City Council
18 authorized the execution of an Amendment to the Original MOU (the "First
19 Amendment");
20
21 WHEREAS, the First Amendment authorized the conveyance of the Property
22 prior to certain conditions being met, and included a provision that the Property would
23 revert back to the City if construction of the Cultural Center did not commence on or
24 before December 1, 2023 and be complete by December 1, 2025 (the "Reverter");
25
26 WHEREAS, on March 18, 2019, a Deed of Gift conveying the Property to the
27 VAACC was recorded, which contained the Reverter;
28
29 WHEREAS, the VAACC has made substantial progress toward development;
30 however, due to various unforeseen circumstances, including the pandemic and related
31 inflation impacts and delayed capital campaign activities, construction of the Cultural
32 Center has not commenced;
33
34 WHEREAS, on November 26, 2023, the VAACC requested an extension of
35 thirty-six (36) months for both deadlines; and
36
37 WHEREAS, City Council is of the opinion that extending the construction
38 deadlines will promote the successful development of the Cultural Center and will
39 benefit the citizens and visitors of the City.
40
41 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
42 VIRGINIA BEACH, VIRGINIA:
43
44 That the City Manager is hereby authorized to execute an amendment to the MOU
45 between the City and the Virginia African American Cultural Center, Inc. to extend the
46 deadlines to commence construction to December 1, 2026 and the deadline to complete
47 construction to December 1, 2028, and such other terms, conditions and modifications
48 as may be acceptable to the City Manager and in a form deemed satisfactory by the
49 City Attorney.
Adopted by the Council of the City of Virginia Beach, Virginia, on the day
of
APPROVED AS TO CONTENT APPROVED AS TO LEGAL
SUFFICIENCY:
P"rks/ eal Estate City Attorney
CA 16264
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12/1/23
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LOCATION MAP ' y
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Disclosure Statement X 13
Planning&Community
ill Development. . :...
The disclosures contained in this form are necessary to inform public officials who may vote on the application as to
whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for
all applications that pertain to City real estate matters or to the development and/or use of property in the City of
Virginia Beach requiring action by the City Council or a City board,commission or other body.
Applicant Disclosure
Applicant Name Dr.Angela W.Gregg (Virginia African American Cultural Center)
Does the applicant have a representative? ❑ Yes ® No
• If yes,list the name of the representative.
Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes ® No
• If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary)
See attached
• If yes,list the businesses that have a parent-subsidiary'or affiliated business entityz relationship with the applicant. (Attach
a list if necessary)
'"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares
possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests
Act,VA.Code§2.2-3101.
z"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one
business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a
controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that
should be considered in determining the existence of an affiliated business entity relationship include that the same person or
substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business
entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or
there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va.
Code§2.2-3101.
Revised 11,09.2020 11 p a g e
Disclosure Statement X13
t"It a:"OV 41Owe
Planning & Community
Development
Known Interest by Public Official or Employee
Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development
contingent on the subject public action?0 Yes ❑ No
• If yes,what is the name of the official or employee and what is the nature of the interest?
(1)Dr.Amelia Ross-Hammond--VAACC Founder&Chairman and(2)Honorable Worth Remick--VAACC Executive Board Member
Applicant Services Disclosure
1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering
any financing in connection with the subject of the application or any business operating or to be operated on the property?
❑ Yes Q No
• If yes,identify the financial institutions providing the service.
2. Does the applicant have a real estate broke r/agent/rea Ito r for current and anticipated future sales of the subject property?
❑ Yes ® No
• If yes,identify the company and individual providing the service.
3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of
the application or any business operating or to be operated on the property? ❑ Yes M NO
• If yes,identify the firm and individual providing the service.
4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of
the application or any business operating or to be operated on the property? ❑ Yes X NO
• If yes,identify the firm and individual providing the service.
5. Is there any other pending or proposed purchaser of the subject property?❑ Yes FE NO
• If yes,identify the purchaser and purchaser's service providers.
Revised 11.09.2020 2 1 p a g r,
Disclosure Statement
(]ty g lriyc�x Rncfi
Planning& Community
Development
6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or
to be operated on the property? ❑ Yes ® NO
• If yes,identify the company and individual providing the service.
7 Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business
operating or to be operated on the property?❑ Yes ® NO
• If yes,identify the firm and individual providing the service.
8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be
operated on the property? ❑ Yes ® No
If yes,identify the firm and individual providing the service.
Applicant Signature
I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that,
upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the
information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board
or any public body or committee in connection with this application.
Applicant Signature
Dr.Angela W.Gregg
Print Name and Title
12-1-2023
Date
Is the applicant also the owner of the subject property? ❑ No ■Yes
If yes,you do not need to fill out the owner disclosure statement.
CouncilFOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Planning Commission and CitV
that pertains to the applications
NO changes as of Date Signature
Print Name
Revised 11.09.2020 3 1 P a g e
Entity Information
Entity Information
Entity Name: Virginia African American Cultural Center,Inc. Entity ID: 07881865
Entity Type: Nonstock Corporation Entity Status: Active
Series LLC: N/A Reason for Status: Active and In Good Standing
Formation Date: 02/25/2015 Status Date: 04/20/2023
VA Qualification Date: 02/25/2015 Period of Duration: Perpetual
Industry Code: 0-General Annual Report Due Date: 02/29/2024
Junsdiction: VA Charter Fee: $50.00
Registration Fee Due Date: Not Required
Registered Agent Information
RA Type: Individual Locality VIRGINIA BEACH CITY
RA Qualification: Initial Director of the Corporation
Name: AMELIA R.HAMMOND Registered Office Address: 1008 SPINDLE CROSSING,VIRGINIA BEACH,VA,234SS-0000,
USA
Principal Office Address
Address: PO BOX 61701,VIRGINIA BEACH,VA,23466-000Q USA
Principal Information
Title Director Name Address Last Updated
Secretary No CHERYL DAVIDSON 4405 TRIGGER COURT,VA,BEACH,VA,23456-0000,USA 03/28/2019
FOUNDER/CHAIRMA Yes DR.AMELIA ROSS-HAMMOND 1008 SPINDLE CROSSING,VIRGINIA BEACH,VA,23455-0000,USA 03/28/2019
Treasurer No KELVIN ARTHUR 4756 KILBY DR,VA,23456,USA 02/D8/2021
President No Amelia Nancy Ross-Hammond 1008 Spindle Crossing,Virginia Beach,VA,23455,USA 02/28/2022
Vice President No Dr.James C.Bonds 1948 Morgan Mill Way,Virginia Beach,VA,23454,USA 02/27/2023
Yes Worth R.Remick 103 Ridge Road,Virginia Beach,VA,23451,USA 02/27/2023
Yes Justin T Fauntleroy 633 William Hall Way,Chesapeake,VA 23322,USA 02/27/2023
Yes Thomas Lee 1900 Jack Froast Rd,Virginia Beach,VA,23455,USA 02/27/2023
MEMBER-DIRECTOR INFORMATION
Privacy Policy(https://www.sec.viMifl"Jtffblt")Woc)NOMIAMUP(tMg;.I►1YkW@TtOftinia.gov/clk/clk_contact.aspx) (https:/twww.facehook.comNirginiaStateCorporationCommission) (https://Wtter.comNAStateCorpComm)
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Appropriate Funds from the Lease of Dark Fiber to Capital
Project #100106, "Next Generation Network"
MEETING DATE: January 2, 2024
■ Background: The City owns a fiber optic network for the purpose of providing
communications capabilities to City government facilities (the "City Network"). Certain
bundles of fiber optic cable installed as part of the City Network are not currently needed
to meet the City's communications needs (the "Available Fiber"). Lumos Telephone, LLC
("Lumos") is a fiber optic network service provider that offers data, broadband, voice, and
IP services in the mid-Atlantic region. The City's Information Technology Department
received a request from Lumos to lease four strands of the Available Fiber in the City
Network to connect Lumos's network infrastructure in Chesapeake to Lumos's network
infrastructure in Virginia Beach.
The City Council approved a lease agreement for the Available Fiber on October 3, 2023.
The lease has a 12-month term with the option of 2 six-month renewals. Under the terms
of the proposed lease, Lumos will pay the City $687,072 for the initial term, and an
additional $343,536 for either of the six-month renewals.
■ Considerations: The City has received the $687,072, and staff recommends
directing these funds to Capital Project#100106, "Next Generation Network." If approved,
this funding will be used for expediting (by six-to-eight months) fiber connections to
Creeds and Blackwater Fire stations and running fiber through the Lesner Bridge.
■ Public Information: Normal Council Agenda process.
■ Recommendations: Adopt the attached ordinance.
■ Attachments: Ordinance; Project Page #100106
Recommended Action: Approval
Submitting Department/Agency: Department of Information Technology
City Manager: f#O
1 AN ORDINANCE TO APPROPRIATE FUNDS FROM THE
2 LEASE OF DARK FIBER TO CAPITAL PROJECT #100106,
3 "NEXT GENERATION NETWORK"
4
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA:
7
8 That $687,072 of revenue from the lease of dark fiber is hereby appropriated, with
9 revenue increased accordingly, to Capital Project #100106, "Next Generation Network."
Adopted by the Council of the City of Virginia Beach, Virginia on the day of
, 2024.
Requires an affirmative vote by a majority of all the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
ir•
q1F =-F - -ojzd",
B dget and Marlagement Services City rney's Office
CA16388
R-1
December 18, 2023
Fiscal Years FY24 through FY29 Capital Improvement Program
Project:PG100106 itle:Next Generation Network tatus:Approved
Category:Information Technology Department:Information Technology
Project Type Project Location
Project Type:Technology District:Citywide
Programmed Funding
Programmed Appropriated Budgeted Non-Appropriated Programmed CIP Funding Funding
Funding To Date FY24 FY25 FY26 FY27 FY28 FY29 Future
18,205,648 16,705,648 250,000 250,000 250,000 250,000 250, 250,
Description ..
This project will expand and enhance the existing matrix of underground optical fiber to connect off-campus sites.This expansion will significantly
increase bandwidth and alleviate slow network speeds.In addition,implementing optical redundancy at six super-sites will virtually eliminate network
outages to provide continuous service and enable regional partnerships.If the existing,in-building cabling cannot support Next Generation Network
(NGN),funds from this project can be used to upgrade or replace the cabling to ensure compatibility.This CIP will also fund the City's participation in the
Regional Fiber Ring Initiative,the expansion to new city owned,leased or occupied spaces,and the ability to contract for architecture services for
planning,implementation and recommendations for NGN changes and strategic planning.The following activities are included within the scope of this
project:hiring contractors to lay the fiber,extending network fiber to identified locations,implementing network redundancy among six facilities(super-
sites),and transitioning post-implementation support from contractors to city resources.
Purpose and Need
The City of Virginia Beach currently leases network fiber that connects Wide Area Network(WAN)remote sites to the municipal campus.These remote
sites include locations such as the Department of Human Services,numerous fire stations,public libraries,and recreation centers.The remote sites are
charged by IT for the bandwidth they use and IT in turn pays the vendor(Cox)on a monthly basis.The current leased option has not been satisfactory for
the off-campus city offices.Remote sites consume all their bandwidth on a daily basis resulting in slow network response times and application latency.
The City is also working with the Hampton Roads Planning District Commission(HRPDC)and local jurisdictions in Hampton Roads,including
Chesapeake,Norfolk,Portsmouth,and Suffolk on the implementation of a regional broadband strategy.This will connect all 17 member jurisdictions to
accelerate the creation of 21st century jobs,support the creation of new and expanded businesses throughout the region,and spur the construction of
data centers. Funding is included in this CIP for the City's cost participation in the Regional Fiber Ring Initiative.
History and Current Status
This project first appeared in the FY 2014-15 CIP and was previously titled Metropolitan Area Network.In the FY 2016-17 CIP the project received
$987,505 in appropriations to date from various completed projects.In the FY 2020-21 CIP,the scope of this project was modified to reflect additional
activities to be funded.
Operating
A Systems Engineer III for implementation of this network was included in the FY 2014-15,Operating Budget for the IT Department.While this project will
result in additional costs for network maintenance and smartnet maintenance,reductions in vendor subscription costs are anticipated to result in net
savings to the City.
FY24 FY25 FY26 FY27 FY28 FY29
Total Operating Budget Impacts
Total FTE
Project Map Schedule of Activities
Project Activities From-To Amount
Implementation 07/01-06/29 18,205,648
Total Budgetary Cost Estimate: 18,205,648
Means of Financing
Funding Subclass Amount
NO MAP REQUIRED Local Funding 18,205,648
Total Funding: 18,205,648
FY 2023-24 to FY 2028-29 214 Capital Improvement Program
a4 ��
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CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Accept and Appropriate Grant Funds to the Commonwealth's
Attorney's Office and to Authorize Two Grant-Funded Positions
MEETING DATE: January 2, 2024
■ Background: The "Operation Ceasefire" grant is offered by the Commonwealth of
Virginia through the Virginia Department of Criminal Justice Services (DCJS). The
purpose of the grant is to support the implementation of violent crime reduction strategies
by advocating for law enforcement and building meaningful partnerships with
communities.
On December 8, 2023, the Commonwealth's Attorney's Office received notification of the
approved grant award of$499,753 for fiscal year 2024. Administration of this grant will be
by the Commonwealth Attorney's Office. These funds will be used to support two new
full-time employees (FTEs) who will be dedicated to prosecuting certain misdemeanor
offenses.
■ Considerations: The grant period is from January 1, 2024, through December 31,
2026. The positions authorized will contingent upon continued funding from the
Commonwealth.
■ Public Information: Normal Council Agenda process.
■ Attachments: Ordinance
Recommended Action: Approval
Submitting Department/Agency: Office of the Commonwealth's Attorney
City Manager:169
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT
2 FUNDS TO THE COMMONWEALTH'S ATTORNEY'S
3 OFFICE AND TO AUTHORIZE TWO GRANT-FUNDED
4 POSITIONS
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA, THAT:
8
9 1 . $499,753 is hereby accepted from the Virginia Department of Criminal Justice
10 Services and appropriated, with state revenue increased accordingly, to the FY
11 2023-24 Operating Budget of the Commonwealth's Attorney for the
12 implementation of violent crime reduction strategies.
13
14 2. Two full-time positions are hereby authorized in the FY 2023-24 Operating Budget
15 of the Commonwealth's Attorney. Such positions are conditioned upon continued
16 grant funding from the Commonwealth.
Adopted by the Council of the City of Virginia Beach, Virginia on the day
of 2024.
Requires an affirmative vote by a majority of all members of the City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
�. --
udget a d M agement Services CftjjWKrn i_Office
CA16387
R-1
December 18, 2023
S 6'
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: A Resolution to Add Student Members to the Flood Prevention Bond
Referendum Oversight Board
MEETING DATE: January 2, 2024
■ Background: In November, 2021, a referendum regarding the issuance of
bonds to fund the design and construction of flood mitigation measures was approved,
with 72% of citizens voting to support the bond issuance. Two weeks later, the City
Council established the seven-member Flood Prevention Bond Referendum Oversight
Board to provide citizen oversight of the City's comprehensive flood mitigation program
and the 21 projects listed in the bond referendum question.
■ Considerations: The Flood Prevention Bond Referendum Oversight Board
requests that the City Council add two high school students—one junior and one
senior—to their membership as nonvoting members. The resolution would add two
students to the membership of the board. The students could provide meaningful input
and valuable perspectives for the board.
■ Public Information: Public information will be provided through the normal
Council agenda process.
■ Attachments: Resolution
Recommended Action: Approval
Submitting Department/Agency: Flood Prevention Bond Referendum Oversight
Board
City Manager: / 9
1 A RESOLUTION TO ADD STUDENT MEMBERS TO THE
2 FLOOD PREVENTION BOND REFERENDUM OVERSIGHT
3 BOARD
4
5 WHEREAS, on November 2, 2021, the citizens of Virginia Beach approved a
6 referendum regarding the issuance of bonds to fund the design and construction of flood
7 mitigation measures, with 72% voting to support the bond issuance;
8
9 WHEREAS, two weeks later, the City Council City Council established the seven-
10 member Flood Prevention Bond Referendum Oversight Board to provide citizen oversight
11 of the City's comprehensive flood mitigation program and the 21 projects listed in the
12 bond referendum question; and
13
14 WHEREAS, the Flood Prevention Bond Referendum Oversight Board has voted
15 to request that the City Council add two high school students to their membership;
16
17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
18 OF VIRGINIA BEACH, VIRGINIA, THAT:
19
20 In addition to its current membership, the Flood Prevention Bond Referendum
21 Oversight Board shall include two high school students—one junior and one senior—as
22 nonvoting members. For the initial appointments, the high school senior will be appointed
23 to a term that expires June 30, 2024, and the junior will be appointed to a term that expires
24 June 30, 2025. Subsequent appointments of student members shall be high school
25 juniors, and such appointments shall be for a two-year term and made on a fiscal-year
26 basis, beginning July 1st and ending June 30th. A quorum of the membership shall
27 continue to be determined based solely on the number of voting members present (and
28 thus will not include the student members).
Adopted by the Council of the City of Virginia Beach, Virginia, on the day
of , 202//
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney's Office
CA16345
R-1
December 14, 2023
L. PLANNING
1. RUFFIN 86, LLC for a Variance to Section 4.4(c) of the Subdivision Regulations re demolish
three (3) dwelling units to construct one-single family dwelling at 109 A & B 861h Street &
8600 Ocean Front Avenue DISTRICT 6 (Deferred from December 12, 2023)
RECOMMENDATION: APPROVAL
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Property Polygons 109A & 109B 86th Street, 8600 Ocean Front Avenue S
Zoning
Building
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CITY OF VIlR'GIINIA BEACH
AGENDA ITEM
ITEM: RUFFIN 86, LLC [Applicant & Property Owner] Subdivision Variance
(Section 4.4(c) of the Subdivision Regulations) for the property located at
109 A & B 86th Street & 8600 Ocean Front Avenue (GPINs 2510517095,
2510518047). COUNCIL DISTRICT 6
MEETING DATE: January 2, 2024 (Deferred on December 12, 2023)
■ Background:
On May 25, 1925, Lot 6 was recorded as a 50-foot by 150-foot parcel. The parcel
was subdivided into two lots by deed in 1944 and again in 1960. The property is
currently developed with three dwelling units, one duplex (109 A & B 86th Street)
and one single-family dwelling (8600 Ocean Front Avenue). The applicant is
requesting to vacate the interior property lines, demolish the three dwelling units,
and construct one single-family dwelling. The lot will be restored to the original 50-
foot by 150-foot lot, as recorded in 1925. As the current Ordinance would require
a minimum lot width of 60 feet for the corner parcel, a Subdivision Variance is
required. A Board of Zoning Appeals (BZA) variance will be required for the single-
family dwelling as proposed since it does not meet the building setbacks and height
requirements established in the Zoning Ordinance. Condition 3 has been
recommended to address this requirement.
■ Considerations:
The Planning Commission agreed with Staff that granting the requested variance
will not adversely affect the character of the neighborhood and is consistent with
the principles of the Comprehensive Plan for the North End of the City. As
proposed, the development will decrease the number of lots from two to one,
reducing the existing nonconformities. Except for lot width, the proposed parcel
meets all other dimensional requirements. To adhere to the requirements for the
North End established in the Public Works Design Standards Manual, Condition 2
has been recommended, requiring the access on 861h Street to be designed in a
manner acceptable to Public Works. This will be reviewed in greater technical
detail during site plan review.
Further details pertaining to the application, as well as Staff's evaluation, are
provided in the attached Staff Report. While staff has not received any opposition
to the request, a letter was sent to Councilmembers from the North Virginia Beach
Civic League Zoning Review Committee (NVBCL ZRC). While supportive of the
subdivision variance request, the NVBCL ZRC did express opposition to allowing
the private parking to remain within the public right-of-way.
Ruffin 86, LLC
Page 2 of 2
■ Recommendation:
On November 8, 2023, the Planning Commission passed a motion to recommend
approval of this item on the Consent Agenda, by a recorded vote of 8-0.
1. When the Property is developed, it shall be developed substantially as shown
on the exhibit entitled "SUBDIVISION VARIANCE EXHIBIT— LOT 6, BLOCK 3,
CAPE HENRY SYNDICATE, SECTION "D" (M.B. 1, PG. 8b), VIRGINIA
BEACH, VIRGINIA FOR RUFFIN 86, LLC", prepared by WPL, dated April 19,
2021, which has been exhibited to the Virginia Beach City Council and is on file
with the Virginia Beach Department of Planning and Community Development.
2. The existing driveways on 861" Street shall be redesigned in a manner deemed
acceptable to the Department of Public Works.
3. The proposed single-family dwelling shall meet the minimum dimensional
requirements of the R-5R Residential (NE) North End Overlay zoning district,
unless a BZA Variance is granted by the Board of Zoning Appeals. If a BZA
Variance is required, the variance shall be granted on the property prior to the
site plan approval for the proposed single-family dwelling.
■ Attachments:
Staff Report and Disclosure Statements
Location Map
Minutes of Planning Commission Hearing
Recommended Action: Staff recommends Approval. Planning Commission
recommends Approval.
Submitting Department/Agency: Planning Department ('
City Manager: /V
AgendaApplicant & Property Owner Ruffin 86, LLC
Planning Commission Public • • - 2023
CouncilCity
c�i<<„/
)B
Virginia Beach
Request
Subdivision Variance (Section 4.4(c)of the
Subdivision Regulations)
Staff Recommendation
Approval
Staff Planner
Marchelle Coleman
Location
109 A& B 86th Street&8600 Ocean Front
Avenue 5T m
GPINs 85TH
ST
g4TH
2510517095,2510518047 SyO���R ao
ST
Site Size �aoST
E�
7,500 square feet g2Np5T
AICUZ •,STST {
Less than 65 dB DNL
Watershed
Atlantic Ocean
Existing Land Use and Zoning Districts'
Duplex,Single-family Dwelling/R-5R
Residential(NE) North End Overlay
r
Surrounding Land Uses and Zoning Districts
NorthT
Single-family Dwelling/R-511 Residential(NE) ►'
North End Overlay v
South
86th Street r•. } rr, 4�c.A, ;
Single-family Dwellings/R-5R Residential (NE)
North End OverlayT "
East °4 y
150-foot unimproved right-of-way , i
West r
Ocean Front Avenue
Single-family Dwelling/R-5R Residential(NE)
North End Overlay
Ruffin 86, LLC
Agenda Item 5
Page 1
Background & Summary of Proposal
• Lot 6 was recorded on May 25, 1925 in M.B. 1, PG. 8b as a 50-foot by 150-foot parcel. In 1944, Lot 6 was subdivided
by deed into two lots,consisting of a 50-foot by 54-foot lot and a 50-foot by 96-foot lot. In 1960,the lots were
subdivided again into the current configuration, including a 50-foot by 50-foot lot(duplex lot)and a 50-foot by 100-
foot lot (single-family lot). In 2021,the Zoning Administrator determined the lot was improperly subdivided by deed
in 1960,as the parcels were not created by a plat as required by the Princess Anne County subdivision ordinance in
place at that time,thus resulting in loss of the nonconforming development rights.
• The applicant now seeks to vacate the interior property lines to restore the R-5R(NE) Residential (North End
Overlay) parcels to the original 50-foot by 150-foot lot, as was recorded prior to 1944. By doing so,the proposed Lot
6A will not meet the current regulations for lot width for corner lots.
• Per Section 4.4(c) of the Subdivision Regulations,corner lots shall be platted not less than ten feet wider than the
minimum required by the Zoning Ordinance for interior lots in the district.A Subdivision Variance is required as
proposed Lot 6A will have a width of 50 feet, rather than the required 60 feet.
• Three dwelling units exist on these two lots: a duplex,constructed in 1935, located at 109 861h Street,and a single-
family dwelling,constructed in 1934, located at 8600 Ocean Front Avenue.The applicant intends to remove the
three units,vacate the interior property lines,and develop the lot with one single-family dwelling.
• The applicant will be attending the Board of Zoning Appeals (BZA)to request variances to the building setback and
building height for the proposed single-family dwelling. Condition 3 has been added to address this requirement.
Lot Width for Required Proposed Required Proposed Required Lot Proposed
Corner •
(feet) (feet) (feet) (feet) (acre)
Parcel Lot 6A 60 feet 50 feet* 40 feet 50 feet 5,000 feet 1 7,500 feet
*Variance required
Ruffin 86, LLC
Agenda Item 5
Page 2
�r
5 E) RSR(NE)
y No Zoning History to Report
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��R(NE) RSB�
Application Types rl' �
CUP-Conditional Use Permit MDC-ModificationofConditions STC-Street Closure SVR-Subdivision Variance
REZ-Rezoning MDP-Modification of Proffers FVR-Floodplain Variance LUP-Land Use Plan
CRZ-ConditionalRezoning NON-Nonconforming Use ALT-Alternative Compliance STR-Short Term Rental
Evaluation : Recommendation
Section 9.3 of the Subdivision Regulations states:
No variance shall be authorized by the Council unless it finds that:
A. Strict application of the ordinance would produce undue hardship.
B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of
the neighborhood will not be adversely affected.
C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the
formulation of general regulations to be adopted as an amendment to the ordinance.
D. The hardship is created by the physical character of the property, including dimensions and topography,or by
other extraordinary situation or condition of such property,or by the use or development of property
immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the
issuance of a variance.
E. The hardship is created by the requirements of the zoning district in which the property is located at the time
the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated
by reference in this ordinance.
This request for a Subdivision Variance to Section 4.4(c)of the Subdivision Regulations for a reduction in lot width for
this corner lot is acceptable, as Staff finds the proposal to be consistent with the principles of the Comprehensive Plan
for the North End of the City.
The current Zoning Ordinance requires that corner lots be platted not less than ten feet wider than the minimum
required by the Zoning Ordinance for interior lots in the district; however,this was not required when this lot was
originally created, and the applicant is seeking to restore the dimensions as platted prior to 1944.As mentioned
previously, lot width is the only deficiency; all other dimensional standards will be met. Since this request will decrease
the number of lots from two to one, reduce the existing nonconformities,will not create any new nonconformities, and
will restore the property back to its originally recorded parcel size(M.B.1, PG 8b)of 50-foot by 150-foot,Staff is
amenable to this request as it will not change the character of the neighborhood, nor will it have any adverse impacts to
the surrounding area.
Ruffin 86, LLC
Agenda Item 5
Page 3
Currently,there are two units on one of the existing lots and one single-family dwelling on the other.All units will be
demolished, and a new home will be constructed that will be compatible with the surrounding area.The exterior design
of the proposed home reflects the character of the area and incorporates attractive, high-quality materials and a design
that is capable of withstanding severe weather events as is recommended by the Comprehensive Plan. Condition 2 has
been recommended to ensure that the proposed single-family dwelling substantially adheres to the proposed elevations
submitted with this application.
In the early 2000s,the City Council directed the Department of Public Works to review parking within the North End of
the City in an attempt to provide additional public parking within the public right-of-way. Driveways for new
developments in the North End must meet the regulations identified in the Public Works Design Standards Manual,
Section 3.9.E, Residential Entrances in the North Beach Area.As such,Staff is recommending Condition 2 to address this
requirement which will be further reviewed during the site plan review process.
Based on these considerations,Staff recommends approval of this request subject to the conditions listed below.
Recommended Conditions
1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "SUBDIVISION
VARIANCE EXHIBIT—LOT 6, BLOCK 3,CAPE HENRY SYNDICATE,SECTION "D" (M.B. 1, PG. 8b),VIRGINIA BEACH,
VIRGINIA FOR RUFFIN 86, LLC", prepared by WPL,dated April 19, 2021,which has been exhibited to the Virginia
Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development.
2. The existing driveways on 86th Street shall be redesigned in a manner deemed acceptable to the Department of
Public Works.
3. The proposed single-family dwelling shall meet the minimum dimensional requirements of the R-5R Residential (NE)
North End Overlay zoning district, unless a BZA Variance is granted by the Board of Zoning Appeals. If a BZA Variance
is required,the variance shall be granted on the property prior to the site plan approval for the proposed single-
family dwelling.
Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan
submitted with this application may require revision during detailed site plan review to meet all applicable City Codes
and Standards.All applicable permits required by the City Code, including those administered by the Department of
Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance
of a Certificate of Occupancy, are required before any approvals allowed by this application are valid.
The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime
prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they
pertain to this site.
RecommendationsComprehensive Plan
The Comprehensive Plan designates the subject property as being located in the North End Suburban Focus Area.The
Comprehensive Plan recommends that parcels in the North End should be consolidated only when best management
practices for stormwater control are included in the reconstruction.The inclusion of porous materials for driveways,
walkways, and other similar surfaces should be used to reduce net impervious coverage wherever feasible. Materials for
this proposed home shall be attractive, high quality, and capable of withstanding severe weather events.Staff
recommends incorporation of standards and guidelines found in the recently adopted Flood Resiliency Toolkit to
prepare and mitigate for flooding and storm surges. Existing natural features should be considered early in the
Ruffin 86, LLC
Agenda Item 5
Page 4
development process, especially with such close proximity to the Atlantic shoreline and dunes. Natural drainage
patterns and unusual topography that would support environmental and human health should be preserved to the
highest degree possible.
ResourcesNatural & Cultural •
The site is located in the Atlantic Ocean Watershed.
8600 Ocean Front Avenue is known as the Faulkner House. It was listed in the Virginia Beach Historical Register in 2003.
Demolition of the building will result in its delisting from the local register.The site was recommended not eligible for
listing in the National Register in the 2018 survey update of the northern half of the City.The property was presented to
the Historic Preservation Commission on September 6, 2023. When a building is listed in the Virginia Beach Historical
Register,the committee prefers that if it is in good condition that it be preserved.After deliberation, it was determined
that there were not sufficient preservation incentives to present to the property owner to retain this historic structure.
Traffic Impacts
Street Name Present Volume Present Capacity Generated Traffic
86th Street No Data Available 9,900 ADT 1(LOS°"D") Existing Land Use Z—30 ADT
Proposed Land Use 3-10 ADT
lAverage Daily Trips 2 as defined by a single-family 3 as defined by a single-family 4 LOS=Level of Service
dwelling and a duplex dwelling
Master Transportation Plan (MTP) and Capital Improvement Program (CIP)
861h Street is a two-lane local neighborhood street.There are currently no CIP projects scheduled to upgrade this
roadway.
Public Utility Impacts
Water
The site currently connects to City water.Any unused services must be abandoned.There is an existing four-inch City
water main along 86th Street.
Sewer
The site currently connects to City sanitary sewer.Any unused services must be abandoned.There is an existing eight-
inch City sanitary sewer gravity main along 86th Street.
Public • •
Planning Commission
• As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on October 9, 2023.
• As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays, October 25, 2023 and
November 1, 2023.
• As required by City Code,the adjacent property owners were notified regarding the request and the date of the
Planning Commission public hearing on October 23, 2023.
Ruffin 86, LLC
Agenda Item 5
Page 5
• This Staff report,as well as all reports for this Planning Commission's meeting,was posted on the Commission's
webpage of www.virginiabeach.gov/pc on November 2, 2023.
City Council
• As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays, December 19, 2023 and
December 26, 2023.
• As required by City Code,the adjacent property owners were notified regarding both the request and the date
of the City Council's public hearing on December 18, 2023.
• The City Clerk's Office posted the materials associated with the application on the City Council website of
https://clerk.virginiabeach.gov/city-council on December 29, 2023.
Ruffin 86, LLC
Agenda Item 5
Page 6
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Ruffin86, LLC
Agenda Item S
Page
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Ruffin 86, LLC
Agenda Item 5
Page 10
Proposed Building Elevations
PROPOSED EAST ELEVATION
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Ruffin 86, LLC
Agenda Item 5
Page 11
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Disclosure
Disclosure Statement
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ww, I)evelopment
The disclosures contained in this form are necessary to inform public officials who may vote on the application as to
whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for
all applications that pertain to City real estate matters or to the development and/or use of property in the City of
Virginia Beach requiring action by the City Council or a City board,commission or other body.
Applicant Disclosure
Applicant Name Ruffin 86, LLC
Does the applicant have a representative? 9 Yes ❑No
• If yes,list the name of the representative.
Billy Garrington, GPC, Inc
Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?9 Yes ❑No
• If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary)
The Dare Marie Ruffin Irrevocable Trust is the Sole Member of Ruffin 86, LLC.
Clark L. Davidson is the Trustee of the Trust. John Babb is the Manager of Ruffin 86, LLC
• If yes,list the businesses that have a parent-subsidiary'oraffiliated business entity'relationship with the applicant. (Attach
a list if necessary)
"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares
possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests
Act,VA.Code§2.2-3101.
2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one
business entity has a controlling ownership interest in the other business entity,(li)a controlling owner in one entity is also a
controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that
should be considered in determining the existence of an affiliated business entity relationship include that the same person or
substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business
entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or
there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va.
Code§2.2-3101.
Revlsra 11.09.2020 1
Ruffin 86, LLC
Agenda Item 5
Page 14
Disclosure
Disclosure Statement
hnJ of t'iry;roa ri-�
Planning&Community
Development
Known Interest by Public Official or Employee
Does an official or employee of the Cityof Virginia Beach have an interest in the subject land or any proposed development
contingent on the subject public action?❑Yes 9 No
• If yes,what is the name of the official or employee and what is the nature of the interest?
Applicant Services Disclosure
1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralitation,etc)or are they considering
any financing in connection with the subject of the application or any business operating or to be operated on the property?
❑Yes 9 No
• If yes,identify the financial institutions providing the service.
2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property?
❑Yes 9 No
• If yes,identify the company and individual providing the service.
3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of
the application or any business operating or to be operated on the property?❑Yes U No
• If yes,identify the firm and individual providing the service.
4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of
the application or any business operating or to be operated on the property?d Yes ❑NO
• If yes,identify the firm and individual providing the service.
Morth, Erin Webb
S. Is there any other pending or proposed purchaser of the subject property?❑Yes O No
• If yes,identify the purchaser and purchaser's service providers.
Revised 11,09.2020 2
Ruffin 86, LLC
Agenda Item 5
Page 15
Disclosure
Disclosure Statement
f`i!4 q`"7t:.8—h
Planning&Community
Development
6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or
to be operated on the property?❑Yes 9 NO
• If yes,identify the company and individual providing the service.
7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business
operating or to be operated on the property?(S�Yes ❑No
• If yes,identify the firm and individual providing the service.
WPL,Eric Garner
8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be
operated on the property?❑Yes 9 No
• If yes,identify the firm and individual providing the service.
Applicant Sienatu re
I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that,
upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the
information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board
or any public body or committee in connection with this application.
AppIIC&7t Sig
I
Print Name and Title
Date
Is the applicant also the owner of the subject property? 9 Yes ❑No
• If yes,you do not need to fill out the owner disclosure statement.
FOR ONLY/ prior
that pertains to the applications
® Nochangesasof Oate 22/14/2023 signature -. no y^- 71
°`'"`"ame Marchelle L. Coleman
Revised 11.09.2020 3 1
Ruffin 86, LLC
Agenda Item 5
Page 16
Next Steps
• Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council
public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the
upcoming days.
• Following City Council's decision,the applicant will receive a decision letter from Staff.
• Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division
of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning
Division at 757-385-8074.
• If the request requires land disturbance and/or a subdivision of property, please contact the Development
Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the
Development Liaison Team at 757-385-8610.
• Please note that further conditions may be required during the administration of applicable City Ordinances and
Standards. Any site plan submitted with this application may require revision during detailed site plan review to
meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those
administered by the Department of Planning/Development Services Center and Department of Planning/
Permits and Inspections Division,and the issuance of a Certificate of Occupancy,are required before any
approvals allowed by this application are valid.
• The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department
for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and
strategies as they pertain to this site.
Ruffin 86, LLC
Agenda Item 5
Page 17
n
R5R(NE)
T
c�
c
c�
Broth
Street
Broth Street
R5R(NE)
N
® Site
Ruffin 86, LLC W E
Property Polygons 109A & 109B 86th Street, 8600 Ocean Front Avenue s
Zoning
Building
Feet
0 510 20 30 40 50 60
Virginia Beach Planning Commission
November 8, 2023, Public Meeting
Agenda Item # 5
Ruffin 86, LLC
RECOMMENDED FOR APPROVAL- CONSENT
Mr. Horsley: Thank you. Is there any opposition to this ordinance? All right. Next item
is item number five Ruffin 86, LLC subdivision variance. Mr Garrington.
Mr. Garrington-Good afternoon, Mr Chairman, ladies and gentlemen of the Planning
Commission for the record, Billy Garrington on behalf of the applicant.
Applicant in this case is Ruffin 86, LLC property known as 109 A & B 86th
Street and 8600 Oceanfront Avenue. Property in question is subdivided lots
that were created by deed back in the forties that we're going to vacate the
interior lot line between the two of them create one less non-conforming lot
upon which will be built a single-family dwelling, not four duplexes that two
duplexes one on each lot that could be built otherwise. A lot still one will
not meet all of the requirements of the zoning ordinance because it's a
corner lot. It doesn't have the additional 10 feet of width, but it will be a
significant less non-conforming over that which is there now and the new
use for the property will be one single family dwelling. In the staff, there are
three conditions as a part of this request when total agreement with all three
those conditions and Thank Marchelle Coleman very much for working with
us on this request.
Mr. Horsley: Thank you, Mr. Garrington. Is there any opposition to this? Hearing none.
I asked Mr. Plumlee if he'd read this into the record.
Mr. Plumlee: Just briefly, the commission has allowed this matter to be placed on the
consent agenda. This is for the vacation of an interior lot line at 86th Street
in the Oceanfront. As the applicant's agent pointed out, this will require a
variance be obtained by the board of zoning appeals, which staff has agreed
is acceptable under the current ordinance. We've been shown plans that
are quite attractive for the construction, and it should reduce some of the
activity in that area. I've received nothing but positive comments.
Mr. Horsley: Thank you, sir. So, we have four items to be placed, make a motion that
we approve the item number one City of Virginia Beach, item number two
City of Virginia Beach, item number five Ruffin 86 LLC and item number
seven Anna Costello-Lora Windsor Oaks West Parcel 3.
Mr. Alcaraz: All right. Thank you, Mr. Vice Chair. We have a motion. Do I have a
second?
Mr. Parks: Yes, second.
Mr. Alcaraz: Second by Mr. Parks.
Madam Clerk: Mr. Horsley, can you make that motion on your iPad? Thank you, Mr.
Parks. All right, the vote is now open. By a vote of eight to zero, items
number one, two, five, and seven have been recommended for approval.
AYE 8 NAY 0 ABS 0 ABSENT 3
Alcaraz AYE
Anderson ABS
B ler AYE
Clemons AYE
Coston ABS
Cuellar AYE
Estaris ABS
Hi pen AYE
Horsley AYE
Parks AYE
Plumlee AYE
CONDITIONS
1. When the Property is developed, it shall be developed substantially as shown on the
exhibit entitled "SUBDIVISION VARIANCE EXHIBIT— LOT 6, BLOCK 3, CAPE
HENRY SYNDICATE, SECTION "D" (M.B. 1, PG. 8b), VIRGINIA BEACH, VIRGINIA
FOR RUFFIN 86, LLC", prepared by WPL, dated April 19, 2021, which has been
exhibited to the Virginia Beach City Council and is on file with the Virginia Beach
Department of Planning and Community Development.
2. The existing driveways on 86th Street shall be redesigned in a manner deemed
acceptable to the Department of Public Works.
3. The proposed single-family dwelling shall meet the minimum dimensional
requirements of the R-5R Residential (NE) North End Overlay zoning district, unless
a BZA Variance is granted by the Board of Zoning Appeals. If a BZA Variance is
required, the variance shall be granted on the property prior to the site plan approval
for the proposed single-family dwelling.
M. APPOINTMENTS
90-DAY FESTIVAL TASK FORCE
BAYFRONT ADVISORY COMMISSION
BEACHES AND WATERWAYS ADVISORY COMMISSION
CLEAN COMMUNITY COMMISSION
COMMUNITY POLICY AND MANAGEMENT TEAM
COMMUNITY SERVICES BOARD
DEFERRED COMPENSATION BOARD
GREEN RIBBON COMMITTEE
HAMPTON ROADS TRANSPORTATION PLANNING ORGANIZATION
HISTORIC PRESERVATION COMMISSION
IN-HOUSE PHARMACY EXPLORATORY COMMITTEE
MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE
OLD BEACH DESIGN REVIEW BOARD
OPEN SPACE ADVISORY COMMITTEE
PERSONNEL BOARD
PROCESS IMPROVEMENT STEERING COMMITTEE
PUBLIC LIBRARY BOARD
RESORT ADVISORY COMMISSION
SENIOR SERVICES OF SOUTHEASTERN VA BOARD
SHORT TERM RENTAL ENFORCEMENT TASK FORCE
TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE
URBAN AGRICULTURE ADVISORY COMMITTEE
VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
WETLANDS BOARD
N. UNFINISHED BUSINESS
O. NEW BUSINESS
P. ADJOURNMENT
OPEN DIALOGUE
Non-Agenda Items
Each Speaker will be allowed 3 minutes
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 3854303
The Agenda (including all backup documents) is available at https://clerk.virginiabeach. og v/city-
council under the eDocs Document Archive. If you would like to receive by email a list of the
agenda items for each Council meeting, please submit your request to TChelius(&vbgov.com or
call 385-4303.
Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to
participate virtually, must follow the two-step process provided below:
1. Register for the WebEx at:
https://vbgov.webex.com/weblink/register/rO834c69c44f7307ff36el 6908bc23 8a3
2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on
January 2, 2024.
CITY OF VIRGINIA BEACH R
SUMMARY OF COUNCIL ACTIONS O
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DATE:12/12/2023 PAGE: I R H C
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AGENDA H E E N C N S A O O E
ITEM# SUBJECT MOTION VOTE I R Y T K D E N R N N
I. CITY COUNCIL'S BRIEFINGS
A. SPRING AND SUMMER FESTIVAL Nancy Helman, Director
—Convention and Visitors
Bureau
B. AUDITED FINANCIAL RESULTS FOR Logan Booth, Audit
THE FISCAL YEAR ENDED JUNE 30, Senior Manager—Cherry
2023 Bekaert Advisory,LLC
Kevin Kielbasa,Finance
Controller
C. CITY OF VIRGINIA BEACH FINANCIAL David Rose,Senior Vice
MANAGEMENT President,and Manager
of Public Finance—
Davenport&Company
Kyle Laux,Senior Vice
President—Davenport&
Company
11-V CERTIFICATION OF CLOSED CERTIFIED 10-0 Y Y Y l 1' l Y Y Y Y
A-F SESSION
G. MAYOR'S PRESENTATION
l. RESOLUTION IN RECOGNITION-
Norfolk Academy Field Hockey
K.1. Ordinance to AUTHORIZE an Amendment of ADOPTED,AS 9-0 Y Y Y Y Y Y Y Y Y
a Sponsorship Agreement for a festival to be AMENDED,BY li
held April 26-28,2024,and to AUTHORIZE a CONSENT S
Sponsorship Agreement for May 31-June 2, I
2024, and PROVIDE direction to the City A
Manager re the 2025 Festival Season 1
N
F,
D
K.2. Resolution to ESTABLISH the Short-Term ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y
Rental Enforcement Task Force(Requested by CONSENT
Mayor Dyer,Vice Mayor Wilson,and Council
Members Berlucchi,Remick,Ross-Hammond,
Schulman,Taylor,and Wooten)
K.3. Ordinance to AUTHORIZE the Dedication of ADOPTED,BY 9_0 Y Y Y Y Y Y Y Y A Y
a 9,708 square feet (0.223 acres) Utility CONSENT B
Easements to Dominion Energy Virginia on S
City-owned properties at 2283,2285 and 2287 T
Landstown Road re install and maintain A
underground cable for electric facilities to 1
reduce power outages N
E
D
K.4. Ordinance to AUTHORIZE the Dedication of ADOPTED,BY 9-0 Y Y Y Y Y Y Y Y A Y
a 323 square feet(0.007 acres)Utility Easement CONSENT B
to Dominion Energy Virginia on City-owned S
property at 4200 North Witchduck Road re T
underground and maintain facilities that A
provide electric service to the Pump Station I
to reduce power outages N
E
D
CITY OF VIRGINIA BEACH R
SUMMARY OF COUNCIL ACTIONS O
S
B S
E S
DATE: 12/12/2023 PAGE: 2 R H C
L H V R A H T W W
U E A E M R U A 1 O
C D N C M M O L Y L O
C Y L A 1 O U M L S T
AGENDA H E E N C N S A O O E
ITEM# SUBJECT MOTION VOTE I R Y T K D E N R N N
K.5. Ordinance to AUTHORIZE the Dedication of ADOPTED,BY 9-0 Y Y Y Y Y Y Y Y A Y
a 1,253 square feet (0.0288 acres) Utility CONSENT B
Easement to Dominion Energy Virginia on S
City-owned property at 2401 Plantation Drive T
re underground and maintain facilities that A
provide electric service to the Pump Station I
to reduce power outages N
E
D
K.6. Ordinance to AUTHORIZE the Dedication of ADOPTED,BY 9-0 Y Y Y Y Y Y Y Y A Y
a 213 square feet(0.005 acres)Utility Easement CONSENT B
to Dominion Energy Virginia on City-owned S
property at 3030 Bray Road re underground T
and maintain facilities that provide electric A
service to the Pump Station to reduce power I
outages N
E
D
K.7. Ordinance to DESIGNATE as EXEMPT from ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y
Local Property Taxes re Commonwealth of CONSENT
Charities
K.8. Ordinance to DESIGNATE as EXEMPT from ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y
Local Property Taxes re Virginia Beach CONSENT
Recovery Club,Inc
K.9. Ordinance to DESIGNATE as EXEMPT from ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y
Local Property Taxes re Hospice House of CONSENT
Hampton Roads
K.10. Ordinance to DESIGNATE as EXEMPT from ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y
Local Property Taxes re Only His Grace,Inc CONSENT
K.11. Ordinance to DESIGNATE as EXEMPT from ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y
Local Property Taxes re Skilled Foundations CONSENT
K.12. Ordinance to DESIGNATE as EXEMPT from ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y
Local Property Taxes re Speak Up for a CONSENT
Change
K.13. Ordinance to AUTHORIZE the acquisition of ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y
an Agricultural Land Preservation (ARP) CONSENT
easement from Muddy Creek Farms, LLC
(143.38+/-acres),the issuance by the City of
its contract obligations in the maximum
principal amount of $2,025,959 and
TRANSFER funds to purchase U.S.Treasury
Strips
K.14. Ordinance to AUTHORIZE the City Manager ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y
to EXECUTE a Lease for City-owned property CONSENT
for up to five (5) years at Virginia Beach
Farmer Markets,Building 2,Space 12 re The
Country Butcher Shop,Inc
Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y
$196,004 from the State Compensation Board CONSENT
to the FY 2023-24 Clerk of Circuit Court
Operating Budget re salary increase
CITY OF VIRGINIA BEACH R
SUMMARY OF COUNCIL ACTIONS O
S
B S
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DATE: 12/12/2023 PAGE: 3 R H C
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AGENDA H E E N C N S A O O E
ITEM# SUBJECT MOTION VOTE I R Y T K D E N R N N
L.1. RUFFIN 86, LLC for a Variance to Section DEFERRED TO 10-0 Y Y Y Y Y Y Y Y Y Y
4.4(c) of the Subdivision Regulations re JANUARY 2,2024,BY
demolish three(3)dwelling units to construct CONSENT
one-single family dwelling at 109 A&B 86th
Street&8600 Ocean Front Avenue DISTRICT
6
L.2. BONNEY BRIGHT SAND CO./BONNEY APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y Y
G.BRIGHT for a Modification of Conditions MODIFIED/
to a Conditional Use Permit re borrow pit CONDITIONED,BY
expansion at 200 Princess Anne Road CONSENT
DISTRICT 2
L.3. AMBERLY CARTER/LONGBAY POINT APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y Y
PARTNERS, LLC for a Modification of MODIFIED/
Conditions to a Conditional Use Permit re CONDITIONED,BY
assembly use at 2105 West Great Neck Road CONSENT
DISTRICT 8
L.4. MICHAEL D.SIFEN,INC/ROBERT W. APPROVED/AS 9-0 Y Y Y Y Y Y Y A Y Y
WHITE JR. & ET AL, ROBERT W. PROFFERED,BY B
WHITE JR. for a Conditional Change of CONSENT S
Zonine from AG-1 & AG-2 Agricultural T
Districts to Conditional R-10 Residential A
District re develop a 38-lot single-family I
subdivision at 2000 & 2004 Princess Anne N
Road DISTRICT 2 E
D
L.S. ANNA CASTILLO-LORA / WINDSOR APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y Y
OAKS WEST PAR 3,LLC for a Conditional CONDITIONED,BY
Use Permit re assembly use at 4356 Holland CONSENT
Road,Suite 101 DISTRICT 3
L.6. Ordinance to AMEND Section 1804 oftheCity APPROVED,BY 9-1 Y Y N Y Y Y Y Y Y Y
Zoning Ordinance (CZO) re Discretionary CONSENT
Development Applications
L.7. Ordinance to AMEND Sections 237 and 901 of APPROVED,BY 8-2 Y Y Y Y Y Y Y N Y N
the City Zoning Ordinance (CZO) re use of CONSENT
mini-warehouses in the B-4C Zoning District
M. APPOINTMENTS RESCHEDULED B Y C O N S E N S U S
BAYFRONT ADVISORY COMMISSION
BEACHES AND WATERWAYS
ADVISORY COMMISSION
CLEAN COMMUNITY COMMISSION
COMMUNITY SERVICES BOARD
DEFERRED COMPENSATION BOARD
GREEN RIBBON COMMITTEE
HAMPTON ROADS TRANSPORTATION
PLANNING ORGANIZATION
HISTORIC PRESERVATION
COMMISSION
IN-HOUSE PHARMACY EXPLORATORY
COMMITTEE
MILITARY ECONOMIC DEVELOPMENT
ADVISORY COMMITTEE
OLD BEACH DESIGN REVIEW BOARD
OPEN SPACE ADVISORY COMMITTEE
PROCESS IMPROVEMENT STEERING
COMMITTEE
PUBLIC LIBRARY BOARD
SENIOR SERVICES OF SOUTHEASTERN
VA BOARD
URBAN AGRICULTURE ADVISORY
COMMITTEE
CITY OF VIRGINIA BEACH R
SUMMARY OF COUNCIL ACTIONS O
S
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DATE:12/12/2023 PAGE: 4 R H C
L H V R A H T W W
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AGENDA H E 1 N C N S A O O E
ITEM# SUBJECT MOTION vOl L I R 1 T K D E N R N N
VIRGINIA BEACH CANNABIS
ADVISORY TASK FORCE
VIRGINIA BEACH COMMUNITY
DEVELOPMENT CORPORATION
WETLANDS BOARD
PARKS AND RECREATION Appointed: 10-0 Y Y Y Y Y Y Y Y Y
COMMISSION Myra Payne—
Representing District 6
Unexpired thru
8/31/2026
N. UNFINISHED BUSINESS
O. NEW BUSINESS
P. ADJOURNMENT 6_4 PM