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HomeMy WebLinkAbout3-5-2024 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR ROBERT M. "BOBBY"DYER,At Large G�NIA AF VICE MAYOR ROSEMARY WILSON-District 5 S4 c4^L MICHAEL F.BERLUCCHI-DisMct 3 0 BARBARA M.HENLEY-District 2 �: 112 DAVID HUTCHESON-District I V ROBERT W "WORTH"REMICK-District 6 DR.AMELIA N.ROSS-HAMMOND-District 4 o y G JENNIFER ROUSE-District 10 JOASHUA F. "JOASH"SCHULMAN-District 9 CHRIS TAYLOR-District 8 SABRINA D. WOOTEN-District 7 CITY HALL BUILDING 1 CITY COUNCIL APPOINTEES 2401 CO UR THO USE DRIVE CHYMANAGER--PATRICKA.DUHANEY VIRGINIA BEACH, VIRGINIA 23456 CITYA7TORNEY-MARK D.STILES CITY COUNCIL AGENDA PHONE.(757)385-4303 CHYASSESSOR-SUE CUNNINGH.9M FAX(757)385-5669 CnYAVDITOR-LYNDONS.REMIAS March 5,2024 EMAIL:CITYCOUNCIL@VBGOY.COM CITY CLERK-AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL'S BRIEFINGS - Conference Room - 1:00 PM A. 2024 GENERAL ASSEMBLY UPDATE Brent McKenzie, Legislative Affairs Liaison B. TIDEWATER COMMUNITY COLLEGE 1:15 PM MISSION, PROGRAMS, ENROLLMENT UPDATE Dr. Marcia Conston, President—Tidewater Community College (Requested by Vice Mayor Wilson and Council Members Berlucchi, and Hutcheson) C. REINVESTMENT IN SPORTS STUDY IN CURRENT FACILTIES 1:45 PM Brian Connolly, President—Victus II. CITY MANAGER'S BRIEFING A. SMART SCALE UPDATE 2:15 PM Katie Shannon, Engineering Support Manager—Public Works III. CITY COUNCIL LIAISON REPORTS 2:45 PM IV. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:00 PM V. CITY COUNCIL AGENDA REVIEW 3:15 PM VI. INFORMAL SESSION - Conference Room- 3:30 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI1. 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 SESSION February 20, 2024 2. FORMAL SESSION February 27, 2024 H. MAYOR'S PRESENTATION 1. PROCLAMATION—Women's History Month 2. PROCLAMATION—Honoring Women in Public Safety I. PUBLIC HEARINGS 1. DEDICATION OF PROPERTY 2750 Elbow Road(523 square feet of right-of-way) to the City of Chesapeake re public project 2. CAFk FRANCHISE AGREEMENTS a. Dunes Investment Association, LLC, t/a The Dunes Cafe re boardwalk cafe b. Seda Inc. t/a 2 1' Street Grill Cafe re sidewalk cafe c. Atlantic Lobsta, LLC,t/a Mason's Famous Lobster Rolls Cafe re sidewalk cafe d. Colonial Inn VB, LLC,t/a Fishtails Cafe re boardwalk cafe e. Fogg's Seafood Company,t/a Waterman's Surfside Grille Cafe re boardwalk cafe f. Baja Taco's, Inc.,t/a Baja Cantina Cafe re sidewalk cafe g. Chix Sea Grille, LLC,t/a Chix Cafe re boardwalk cafe h. Fish-N-Bones, Inc.,t/a Fish Bones Cafe re boardwalk cafe i. Dandrea, LLC, t/a IL Giardino C66 re sidewalk cafe j. Jumpin Shrimp Inc. t/a Jumpin Shrimp Caf6 re boardwalk cafe k. Scrambled Inc.,t/a Scrambled Caf6 re sidewalk caf6 1. Gold Key/PHR Food Services, LLC,t/a Tortugas Caf6 and Tiki Bar re boardwalk caf6 m. Dunes Investment Associates, LLC, t/a Station 10 Caf6 re boardwalk caf6 J. BID SUMMARY 1. MANAGEMENT OF CITY PROPERTY 2044 Landstown Centre Way/ Sportsplex and Field Hockey Center. K. FORMAL SESSION AGENDA 1. CONSENT AGENDA L. ORDINANCES / RESOLUTIONS 1. Ordinance to AMEND City Code Section 2-3-1 pertaining to the Attendance Policy and AMEND the Final Report to City Council of the Citizens Committee on Boards and Commissions re Boards and Commissions 2. Resolution to AMEND Student Members re Flood Prevention Bond Referendum Oversight Board (Requested by City Council) 3. Resolution to ESTABLISH a Stormwater Management Implementation Advisory Group (Requested by Mayor Dyer and Council Member Schulman) 4. Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE a Mutual Aid Agreement re Fire and Rescue Services among localities in Hampton Roads 5. Ordinance to DECLARE 9,833f square feet of City-owned property at Ferry Point Road to be in Excess of the City's Needs and AUTHORIZE the City Manager to convey to Meader Properties, LLC DISTRICT 7 6. Ordinance to AUTHORIZE temporary encroachments into the City-owned drainage, Maintenance and variable width impoundment easement at the rear of 5945 Glen View Drive re maintain existing fence and construct and maintain rip rap revetment DISTRICT 7 7. Ordinance to AUTHORIZE temporary encroachments into the City-owned property known as Starboard Canal and Island Lake at the rear of 2428 Windward Shore Drive re construct and maintain a revetment encroaching variable distances, a timber pier, floating dock with aluminum gangway and a covered boat lift DISTRICT 8 8. Ordinance to AUTHORIZE temporary encroachment into the City-owned property known as Treasure Canal at the rear of 2204 Windward Shore Drive re maintain an existing bulkhead, construct and maintain a timber bulkhead with a return wall,sand backfill, and topsoil/turfgrass, timber open pile wharf, timber pile overhead beam boatlift and boatlift electrical cable DISTRICT 8 9. Ordinance to AUTHORIZE temporary encroachment into the City-owned property known as Chesapeake Bay at the rear of 2810 Ocean Shore Avenue re maintain existing wood steps with metal rails, moveable wood platform and wood retaining wall and construct and maintain a wood fence/retaining wall DISTRICT 8 10. Ordinance to ACCEPT and APPROPRIATE $290,000 from Dominion Energy Virginia for Section 106 Mitigation of Adverse Visual Effects to the FY 2023-24 Planning and Community Development Operating Budget re Coastal Virginia Offshore Wind Commercial Project/historic preservation program priorities 11. Ordinance to ACCEPT and APPROPRIATE $19,446 from the Virginia Department of Criminal Justice Services to the FY 2023-24 Human Services Operating Budget re salary increases in Community Corrections and Pretrial Services M. 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 86d, Street& 8600 Ocean Front Avenue DISTRICT 6 (Deferred from February 6, 2024) RECOMMENDATION: APPROVAL 2. C THE JEMS, LLC/JONATHAN PROPERTIES,LLC for a Modification of Proffers to a Conditional Change of Zoning and a Conditional Use Permit re bulk storage yard—tow at 2625 Horse Pasture Road DISTRICT 5 (Deferred from February 20, 2024) RECOMMENDATION: APPROVAL N. APPOINTMENTS 90-DAY FESTIVAL TASK FORCE ATLANTIC PARK COMMUNITY DEVELOPMENT AUTHORITY BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD DEFERRED COMPENSATION BOARD FLOOD PREVENTION BOND REFERENDUM OVERSIGHT BOARD GREEN RIBBON COMMITTEE HAMPTON ROADS TRANSPORTATION PLANNING ORGANIZATION HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OLD BEACH DESIGN REVIEW BOARD PERSONNEL BOARD RESORT ADVISORY COMMISSION SENIOR SERVICES OF SOUTHEASTERN VA BOARD SHORT TERM RENTAL ENFORCEMENT TASK FORCE STORMWATER APPEALS BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION VIRGINIA BEACH VA250 COMMITTEE O. UNFINISHED BUSINESS P. NEW BUSINESS Q. 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 htws://clerk.virginiabeach.gov/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()vb og v.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: ht!ps:Hvbgov.webex.com/weblink/register/rec3l9323 I d45737245dc4bfdd8768243 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on March 5.2024. I. CITY COUNCIL'S BRIEFINGS - Conference Room - 1:00 PM A. 2024 GENERAL ASSEMBLY UPDATE Brent McKenzie, Legislative Affairs Liaison B. TIDEWATER COMMUNITY COLLEGE 1:15 PM MISSION, PROGRAMS, ENROLLMENT UPDATE Dr. Marcia Conston, President—Tidewater Community College (Requested by Vice Mayor Wilson and Council Members Berlucchi, and Hutcheson) C. REINVESTMENT IN SPORTS STUDY IN CURRENT FACILTIES 1:45 PM Brian Connolly, President—Victus II. CITY MANAGER'S BRIEFING A. SMART SCALE UPDATE 2:15 PM Katie Shannon, Engineering Support Manager—Public Works III. CITY COUNCIL LIAISON REPORTS 2:45 PM IV. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 3:00 PM V. CITY COUNCIL AGENDA REVIEW 3:15 PM VI. INFORMAL SESSION - Conference Room - 3:30 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 SESSION February 20,2024 2. FORMAL SESSION February 27, 2024 H. MAYOR'S PRESENTATION 1. PROCLAMATION—Women's History Month 2. PROCLAMATION—Honoring Women in Public Safety �A Lk-B �4"t—w-osasd� Ow e�> U;t_ 1 01 Olin 0y 4�M 13rodamation %4ereas: 9hroughout ourhistory,women have been pioneers in all areas ofsociety,from the arts andsciences to medicine andpubic service; and 'Whereas: Women have significantfy influenced pu6Gc policy and contributed to the building of viable institutions and organizations that continue to support our communities today;and U4ereas: Die knawfedge,skflfs,and a6iliities of women contribute to a more robust wor*force and a more prosperous economy,•and Wwras: Women's Nistory Month was first recognized in 1987 by Congress and enacted 6y the:President after years of fo66ying 6y the %ationaf'Women's 9firstory Troject;and Ufwreas: In 1988,Meyera E.06erndorf became the first femafe mayorfor the City of Virginia Beach,andduring her tern in office, the 9fuman fthts Commission was esta6Gshed to advocate andsupport human rights,diversity,andincfusion within Virginia Beach; and 'Whereas: We remember thegreat American women who fought forsu(rage andadvanced ourdemocracy and the extension of the centennial through 2021 afiowsgroups,individuals,and institutions to continue the cefe6rations that were cut short due to the GOOD-19 pandemic;and %*emw Virginian women have been leaders, not only in securing tfieir own rights of suffrage and equaf opportunity, but also in the abolitionist movement,emancipation movement,industriaffi6ormavement,civiftfits movement,peace movement,andmore that aim to create a more fair and just society for all;and Whereas: the 2024'Women's7fistory Month theme is Women Who forEquity,diversity,and Inclusion;and Whereas: The theme "Inspire Incfusion'emphasizes the importance of understanding and vafuing women's inclusion, which ultimately contributes to creating a better worfd When women feel included they experience a sense of 6efonging, relevance, and empowerment.It's a coffective effort toforge a more inclusive worfdforwomen,where diversity in race,age,a6i&ty,faith,body image,aril identity is openfy embraced and '4N4erear The City of Virginia Beach is committed to empowering women, recognizing,and cefebrating the contributions that they mak( towards 6uifdtng andstrengthening our Virginia Beach communities. Now 2fimf^I R96ert w. Dyer,wayor of the City of Virginia Beach,Virginia,do hereby proclaim: March 2024 Women s 9 fistory Month In siiro&&ack I call upon the citizens,government agencies,pu6frc and private institutions, businesses,and schoofs in'Virginia Beach to recognize the contributions of women to the history and devefopment of the city, state, and nation and to commemorate this month with appropriate activities. in%itism 4tihereof,1 have hereunto set my hand and caused the OffkiafSeaf of the City of Virginia Beach,Virginia,to be affited this Fifth (Day of 9,iarch,Two QhousandTiventy-,Four. &6ert w. 'Bo66y'Dyer Mayor NIA BFq�1 Uy. W�1 Y Vrodamation %*errax Throughout our history,women have been pioneers in all areas of society from the arts andsciences to medicine andpu6lic seance; and 4-fwaas: 'Women have signtficantly influenced pu6Gc policy and contributed to the 6uildng of viable institutions and organizations that continue to support our communities today;and "4erras: The knowledge,skP,and aWitt'es of women contribute to a more robust world force and a more prosperous economy;and "4ierras: In 1988,Meyera E. Oberndorf became the first female mayor for the City of'Virginia Beach, and during her term in office, the ?fuman fights Commission was established to advocate andsupport human rights,diversity,andinclusion within Virginia Beach; and Wkerras: 7lie 2024 Women'sMistory Month theme is Women'WhoAdvocateforEquity,diversity,andlnclusion;and `6Vherras: The theme 'Inspire Inclusion"emphasizes the importance of understanding and valuing women's inclusion, which ultimately contributes to creating a 6etterworfd When women feelincluded,they experience a sense of belonging,relevance,andempowerment. It's a collective effort to forge a more incGisive worldfor women,where diversity in race,age,ability faith,body image,and identity is openly embraced and U4imas: Emergencies can occurat any time that require Police,rFire,orEmergency NedicafSennces,'Wren an emergency occurs,the prompt response ofToliice Officers,Ttrefi&ers,and:Paramedics is critical to the protection of life andpreservation ofproperty;and WIierras: Virginian women have been leaders,not only in securing their own rights of suffrage and equal opportunity,but also securing the safety of our community.therefore,this month we honor women in: • BENS:Deputy ChiefAmy Ward,Volunteer deputy Chief Ellen McBride,division Chief Brett Johnson,Brigade Chief Cat Watson,and Brigade Chief Liz Beatty. • MB:RD: :Deputy Chief Shannon`W4ihtendahC Captain mchefe Meister, Captain Michele UG att, Captain Marcie rFoz Lieutenant Jaqueline Geluso,Lieutenant Alicia Jones,Lieutenant 9Vicole 7_psmas,and Lieutenant Xwhef Wigand • Tirginia Beach Sheriffs Office:Chief Deputy Christina Mapes,Captain Lois Thompson,Captain 4(aren Johnson,Captain Kflthy Vargas,and Captain lane 7farvey. • Virginia Beach'Fire Department:Deputy Chief-Amy Valdez andAssistant Chief Lorna Trent. • Department of Emergency Management:Deputy:Director of Emergency Management knee 9,fc9gnnon and Mitigation ftegramManagerDanielfeSpach;and Uierrat: Tie City of Virginia Beach is committed to empowering women, recognizing, and celebrating the contributions that they makf towards building andstrengthening our Virginia Beach communities. Now 7hrrrfmr,I W96ert M.dyer,Mayor of the City of Virginia Beach,Virginia,do hereby pmcfaim: 9Karrh 2024 `CNomen'sVutory 9Konth Women in(Fu6Cu Safety Leadership In$*ybda Oeacft I call upon the citizens,government agencies,public andprivate institutions,businesses,andschools in Virginia Beach to recognize the contributions of women to the history and development of the city, state, and nation and to commemorate this month with appropriate activities. In U&xtw U4errof,I have hereunto set my hand'andcaused the Offuiadseafof the City of Virginia Beach,Virginia,to be affivd this T! th Day of March,Two 7housand"Twenty-Tour. 4Z96ert M. °Bobby"Dyer Mayor I. PUBLIC HEARINGS 1. DEDICATION OF PROPERTY 2750 Elbow Road(523 square feet of right-of-way)to the City of Chesapeake re public project 2. CAFk FRANCHISE AGREEMENTS a. Dunes Investment Association, LLC, t/a The Dunes Cafe re boardwalk cafe b. Seda Inc. t/a 21' Street Grill Cafe re sidewalk cafe c. Atlantic Lobsta, LLC,t/a Mason's Famous Lobster Rolls Cafe re sidewalk cafe d. Colonial Inn VB, LLC, t/a Fishtails Cafe re boardwalk cafe e. Fogg's Seafood Company, t/a Waterman's Surfside Grille Cafe re boardwalk cafe f. Baja Taco's, Inc.,t/a Baja Cantina Cafe re sidewalk cafe g. Chix Sea Grille, LLC, t/a Chix Cafe re boardwalk cafe h. Fish-N-Bones, Inc., t/a Fish Bones Cafe re boardwalk cafe i. Dandrea, LLC, t/a IL Giardino Cafe re sidewalk cafe j. Jumpin Shrimp Inc. t/a Jumpin Shrimp Cafe re boardwalk cafe k. Scrambled Inc., t/a Scrambled Cafe re sidewalk cafe 1. Gold Key/PHR Food Services, LLC, t/a Tortugas Cafe and Tiki Bar re boardwalk cafe m. Dunes Investment Associates, LLC, t/a Station 10 Cafe re boardwalk cafe R�IA•BEtt,Z z I PUBLIC HEARING DEDICATION OF PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday, March 5,2024,at 6:00 p.m.in the City Hall Building(Bldg. #1), at the Municipal Center, Virginia Beach, Virginia on the proposed disposition and dedication of 523 sq.ft.of right- of-way on City-owned property at 2750 Elbow Road to the City of Chesapeake for a public project. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385- 4303;Hearing Impaired,call 1$00- 828-1120(Virginia Relay-Telephone Device for the Deaf). Any questions should be directed to the Department of Public Works/Real Estate Office at 2473 N. Landing Road, Building 23, at the Virginia Beach Municipal Center,(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: htti)s,//vbpov.webex.com/we blin k/rePister/rec3193231d4 5737245dc4bfdd8768243 2. Register with the City Clerk's Office by calling 757-385- 4303 prior to 5:00 p.m. on March 5,2024, All interested parties are invited to participate. Amanda Barnes City Clerk Pilot:February 25,2024 u •S) fi CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance declaring a portion of City-owned property located at 2750 Elbow Road in Excess of the City's Needs and Authorizing the City Manager to Dedicate the Property to the City of Chesapeake for Bridge and Road Improvements PUBLIC HEARING DATE: March 5, 2024 MEETING DATE: March 19, 2025 ■ Background: The City of Virginia Beach (the "Virginia Beach") owns a parcel of land located at 2750 Elbow Road partially located in the City of Chesapeake ("Chesapeake"), and containing approximately 384 acres, which property is known as the Stumpy Lake property. The portion in Virginia Beach is known as 4797 Indian River Road (GPINs: 1464-78-8948 and 1465-70-4777) (all the Stumpy Lake property in both cities collectively, the "Property"). Chesapeake is undertaking the Elbow Road Bridge Replacement Project, UPC 113694 (the "Chesapeake Project") and needs to acquire 523 sq. ft. (0.012 acres) of the Property as right-of-way for bridge improvements for the Chesapeake Project (the "Dedication"). Chesapeake currently owns and maintains the bridge carrying Elbow Road over the Stumpy Lake Spillway outfall (the "Elbow Road Bridge"). Elbow Road and the Elbow Road Bridge are located at the Chesapeake — Virginia Beach City Boundary Line and serve the citizens and visitors of Chesapeake and Virginia Beach. Virginia Beach owns and maintains the public right-of-way known as Elbow Road in Virginia Beach up to the east abutment of the Elbow Road Bridge. The proposed improvements on the Dedication will include a curb inlet drainage structure, concrete storm pipe, concrete curb and gutter, metal guardrail, wooden bollards, a metal gate, a concrete entrance, and earthwork along Elbow Road. Separately, Virginia Beach is in the process of implementing improvements to Elbow Road as set forth in the Elbow Road Extended - Phase IIB & IIC Project, CIP 100529, UPC 15828, CIP 100159, UPC 112317 (the "Elbow Road Phase IIB & IIC Project") with its western project limit terminus approximately 675-linear feet (0.13-mile) east of Chesapeake's existing Elbow Road Bridge. To coordinate their respective projects, Virginia Beach is partnering with Chesapeake for the replacement and raising of approximately 600 linear feet of Elbow Road (the "Elbow Road Grade Adjustment Project") between the Chesapeake Project's eastern bridge approach and the Elbow Road Phase IIB & IIC Project's western project area. The Elbow Road Grade Adjustment Project will also include the raising of the Stumpy Lake Dam crest from the east side of the Stumpy Lake spillway to the southbound lane of Elbow Road. The combined Chesapeake Project and Elbow Road Grade Adjustment Project involve replacing the existing Elbow Road Bridge with a wider, higher, and longer bridge and raising and widening the approaching road surfaces to reduce bridge and roadway closures from flooding. ■ Considerations: The Chesapeake Project will improve safety for the general public. City staff recommends approving the Dedication for the Chesapeake Project. The Chesapeake Project, the Elbow Road Grade Adjustment Project, and the Elbow Road Phase IIB & IIC Project have been designed to relieve congestion, improve traffic flow and improve safety for the residents of Chesapeake and Virginia Beach. ■ Public Information: An advertised public hearing will be held on March 5, 2024, and public notice will be provided via the normal City Council agenda process. ■ Alternatives: Deny approval of the Ordinance, or add conditions or modifications as desired by City Council. ■ Recommendations: Approval. ■ Attachments: Ordinance, Plat and Location Map Recommended Action: Approval 4A W Submitting Department/Agency: Public Works/Real Estate City Manager: 107_�' I AN ORDINANCE DECLARING A PORTION 2 OF CITY-OWNED PROPERTY LOCATED AT 3 2750 ELBOW ROAD IN EXCESS OF THE 4 CITY'S NEEDS AND AUTHORIZING THE 5 CITY MANAGER TO DEDICATE THE 6 PROPERTY TO THE CITY OF CHESAPEAKE 7 FOR BRIDGE IMPROVEMENTS 8 9 WHEREAS, the City of Virginia Beach (the "City") owns a parcel of land located 10 at 2750 Elbow Road in the City of Chesapeake ("Chesapeake") containing 11 approximately 384 acres, and known as the Stumpy Lake property (the "Property"); 12 13 WHEREAS, Chesapeake has undertaken a bridge replacement project known as 14 the "Elbow Road Bridge Replacement Project, UPC 113694" (the "Chesapeake 15 Project"); 16 17 WHEREAS, Chesapeake needs to acquire a 523 sq. ft. (0.012 ac.) portion of the 18 Property for improvements for the Chesapeake Project; and 19 20 WHEREAS, because the Chesapeake Project will improve the safety of the 21 general public, the City Council finds that it is in the best interest of the City to dedicate 22 the necessary right of way to Chesapeake for the Chesapeake Project. 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 1 . That City Council authorizes the dedication of 523 sq. ft. (0.012 ac.) of the 28 Property for right-of-way purposes as shown on the plat attached hereto as Exhibit A and 29 made a part hereof, to the City of Chesapeake for the Chesapeake Project. 30 31 3. That the City Manager, or his designee, is hereby authorized to execute 32 any and all documents necessary to complete the conveyance of said right-of-way, so 33 long as the documents are in substantial conformity with the terms hereof, and other 34 conditions or minor modifications as may be acceptable to the City Manager and in a 35 form deemed satisfactory by the City Attorney. 36 37 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 38 of , 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Public Works / Weal Estate City Attorney CA16267 \\Vbgov.com\dfs t\Applications\CityLaw\Cycom32\WPDOCS\D002\P046\00935527.docx R-1 February 21, 2024 tabbies' rn x NOW OR FORMERLY CITY OF VIRGINIA BEACH D.B. 43OZ PG. 495 \ D.B. 43OZ PG. 490 M.B. 14Z PG. 72 - CHESAPEAKE \� M.B. 161, PG. 19 - CHESAPEAKE CITY LINE 0 27509EL�OROAD (M.B. 142, PG 72 - CHESAPEAKE) 0��s'� NOW OR FORMERLY N=3,443,320.23 (MB. 296, PG 39 - VIRGINIA BEACH) ZFJ\9 CITY OF VIRGINIA BEACH E=12,172,694.01 PROPERTY 70 6E DEDICATED FCR 9��mF D.B. 4438, PG. 294 RIGHT-OF-WAY PURPOSES 9�\9� M.B. 296, PG. 39 - VIRGINIA BEACH 25.19' < �� GRIN 1465-70-4777 APPROX. 2� 75%LES TO +16.71 523 SO. FT. OR G1012 AMS \s CENTERNLLE TURNPIKE S 551143"µ 203.00' MON. 22.42' L2 +00.00 18.90' �• N=3,443,649.08\ ELBOW MON. +46.26 22.25' 11'>� E=12,173,147.51 ROAD CONSTRUCTON LI L3 +06.77 MON \ 0o BASELLNE 17.29 C2 ' `--�C4 o N=3,443,348.73 NS5bB49"E 00.11 C3 L4 E=J,44J,48.J1 p o EXIS77NG R/W S 48'15'43" W o Ej 1 DO yt + �, ELBOW ROAD CONSTRUCTION BASELINE L # ROAD p� � S CI o N o N 4756'15"E o LINE TABLE VARIABLE WIDTH PUBLIC RIGHT- o l+ + LINE BEARING DISTANCE (MB. 16I' PG 19) OF-WAy o o 0 0 L 1 S 6033 32 W 83.78 o0 L2 N 57b324 E 83.34 4 L3 N 551)838 E 106.40 a L4 S 4815 43 W 25.29 8 CURIE TABLE PLAT SHOWING CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE TANGENT PROPOSED RIGHT OF WAY Cl 1,250.00' 157.29' 157.18' N 5132J2"E 7'1234" 78.75' FOR C2 4,61243' 46.17' 46.17' S 53'09'05" W 03425" 2309' THE CITY OF CHESAPEAKE CJ 6,420.06' 202.94' 202.93' S 51179 31" W 14840" 101.48' TO BE DEDICATED FROM TAX PARCEL #0390000000330 C4 6,420.06' 142.70' 142.69' S 505323" W 1'1625" 71.35' OWNED NOW OR FORMERLY BY pyTH op CITY OF VIRGINIA BEACH � ELBOW ROAD BRIDGE REPLACEMENT CHESAPEAKE, VIRGINIA \\ SCALE: 1" = 50' DATE: DECEMBER 27, 2022 o STEPH I pEARCE a L�N. 002453 PRECISION MEASUREMENTS, INC. RENSED: 10-24-2023 PER CITY COMMENTS, CHANGE TO DEDICATED" WWW.PRECISIONME4SUREMENTS.COM �p 8-9-2023 777LE REPORT SURVEYORS" GPS " 3-D SCANNING "MAPPERS d SURN 4-14-2023 PER CITY COMMENTS 770 LYNNHAVEN PARKWAY, SUITE 240 VIRGINIA BEACH, VIRGINIA 23452 (757) 368-0945 BY.- DATE.- 0 50 100 150 FEET SEE SHEET 2 FOR NOTES, TABLES, CER77RCA770NS AND LEGENDS DIRECTOR OF PUBLIC WORKS CITY OF CHESAPEAKE, VIRGINIA GRAPHIC SCALE SHEET 1 OF 2 PROJECT/.- 18230 F7LE.• ELBOW ROAD CHES LINE PLAT PARCEL 001 AREA TABLE LEGEND EXIS77NG PARCEL AREA 16,728,042 SO. FT OR 384.023 ACRES PROPERTY TO BE DEDICATED FOR DO,00' STA77ON AND OFFSET FOR DENOTES PROPERTY TO BE 523 SO. FT OR 0.012 ACRES RIGHT-OF-WAY PURPOSES +00.00 PROPERTY TO BE DEDICATED FOR DEDICATED FOR RIGHT-OF-WAY PURPOSES RIGHT OF-WAY PURPOSES RESIDUAL PARCEL 16,727,519 SO. FT OR 384.011 ACRES MONUMENT LEGEND ■ MON CONCRETE MONUMENT SET NOTES. OO1 1. THIS PLAT IS BASED ON VIRGINIA STAIF PLANE COORDINAIF SYSTEM, SOUTH PITH OF PLAT SHOWING ZONE, NAD 1983/1994 (HARN). COORDINA7E VALUES SHOWN ARE EXPRESSED PROPOSED RIGHT OF WAY IN US SURVEY FEET. THE CITY OF CHESAPEAKE CONTROL REFERENCE POINT USED TO ESTABLISH 774E COORDINA7E VALUES SHOWN HEREON IS STA770N 0 FOR NUMBER 103. E % THE CITY OF CHESAPEAKE STEPH PEARCE a TO BE DEDICATED FROM TAX PARCEL #0390000000330 2. PROPERTY LINE AND RIGHT-OF-WAY INFORMARON IS BASED ON PLATS, DEEDS L \N . 002453 OWNED NOW OR FORMERLY OF RECORD, AND ACTUAL FIELD MEASUREMENTS THIS PLAT DOES NOT BY REPRESENT A BOUNDARY SURVEY. suR �v �°3 CITY OF VIRGINIA BEACH J. THIS PLAT IS INTENDED FOR DEDICA77ON PURPOSES ONLY AND DOES NOT ELBOW ROAD BRIDGE REPLACEMENT CONS77TU7E A SUBDIVISION OF LAND. CHESAPEAKE, VIRGINIA REVISED: 10-24-2023 PER CITY COMMENTS, CHANGE TO DEDICATED" SCALE: i" = 50' DATE: DECEMBER 27, 2022 4. PROPERTY TO BE DEDICATED BY DEED. 8-9-2023 777LE REPORT 5. THIS PLAT WAS PREPARED WITH THE BENEFIT OF A 77U REPORT PREPARED BY 4-14-2023 PER CITY COMMENTS PRECISION MEASUREMENTS, INC. JAMES E RINEHART DATED MAY 15, 2023 AND DOES NOT SHOW ANY PHYSICAL WWW.PRECISIONA4E4SUREA4ENTS.COM IMPROVEMENTS. SURVEYORS- GPS - 3-D SCANNING -MAPPERS 770 LYNNHAVEN PARKWAY, SUITE 240 6. SOURCE OF 777LE AND LAST PLACE OF RECORD: DEED BOOK 4302, PAGE 495 VIRGINIA BEACH, VIRGINIA 23452 AND DEED BOOK 4302, PAGE 490, RECORDED IN THE CLERK'S OFFICE IN THE (757) 368-0945 CIRCUIT COURT IN THE CITY OF CHESAPEAKE, VIRGINIA. BY.. DATE 0 50 100 150 FEET 7. PARCEL AREA TAKEN FROM REAL ESTATE ASSESSOR WEB PAGE. DIRECTOR OF PUBLIC WORKS, CITY OF CHESAPEAKE, VIRGINIA GRAPHIC SCALE SHEET 2 OF 2 PROJECT J.• 18230 FILE.- ELBOW ROAD CHES LINE PLAT PARCEL 001 k� W E Hp/qHR/� R RO STUMPY LAKE ip 300 600 Fee Legend CITY OF VIRGINIA BEACH City of Virginia Beach ELBOW ROAD GRADE ADJUSTMENT PROJECT Elbow Road Grade (CIP 100529.002) Adjustments Project Area AND City of Chesapeake Elbow Road CITY OF CHESAPEAKE Bridge Replacement ELBOW ROAD BRIDGE REPLACEMENT PROJECT Project Area (UPC 113694) City of Virginia Beach Properties LOCATION MAP Prepared by P.W./Eng./Eng.Support Services Bureau 02/14/2024 X:\CADD\Projects\ARC Files\AGENDA MAPS\Elbow Rd Phase IIB\ Elbow Rd Phase IIB VA Beach and Chesapeake Aerial.mxd r f `u'"c PUBLIC NOTICE The Virginia Beach City Council will hold a PUBLIC HEARING at 6:00 P.M.on Tuesday,March 5,2024,in the City Council Chambers regarding proposed cafe franchise agreements for City-owned property located at the following locations: 1. 600 Atlantic Avenue,to Atlantic Lobsta,LLC,Va Mason's Famous Lobster Rolls Cafe, for a Sidewalk Cafe. 2. 2809 Atlantic Avenue,to Colonial Inn VB,LLC, Va Fishtails Cafe,for a Boardwalk Cafe. 3. 415 Atlantic Avenue, to Fogg's Seafood Company,Va Waterman's Surfside Grille Cafe, for a Boardwalk Cafe. 4. 206 23 Street.to Baja Tacos.Inc.,Va Baja Cantina Cafe.for a Sidewalk Cafe. 5. 701 Atlantic Avenue,to Chlx Sea Grille,LLC,Va Chic Cafd,for a Boardwalk Cafd. 6. 1211 Atlantic Avenue,to Fish-N-Bones,Inc.,Va Fish Bones Caf€,for a Boardwalk Cafd. T. 910 Atlantic Avenue,to Dandrea, LLC,Va IL Giardino Cafd,for a Sidewalk Cafd. S. 1211 Atlantic Aven ue,to lump)n Shrimp Inc.Va Jul Shrimp Cafe,for a Boardwalk Cafe. 9. 910 Atlantic Avenue. Scrambled Inc., Va Scrambled Cafe,for a Sidewalk Cafd. 10. 901 Atlantic Avenue, Dunes Investment Association, LLC, t/a The Dunes Cafe,for a Boardwalk Cafd. 11. 3400 Atlantic Avenue, Gold Key/PHR Food Services,LLC,Va Tortugas Cafe and Tiki Bar, for a Boardwalk Cafd. 12. 901 Atlantic Avenue, Dunes Investment Associates, LLC, Va Station 10 Cafd, for a Boardwalk Cafd. 13. 200 21-Street,Seca Inc.Va 21-Street Grill Cafd,for a Sidewalk Cafe. The purpose of the hearing will be to obtain public comment on the proposed franchise agreement on City property.Copies of the franchise agreements are on file In the City Clerk's office.The City Council Chamber is located on the second floor of the City Hall building (Building N1)at 2401 Courthouse Drive,Virginia Beach, Virginia 23456.Any questions concerning the above- referenced franchise should be directed to Lisa Bieakley, Resort Management Office, by calling(757) 385-4800. If you wiSh to make comments virtually during the public hearing, please follow the two-step process provided Wow: 1. Register for the WebEx at: 2. Register with the CityCierk'SOffice by calling 757- 385-4303 prior to 5:00 p.m.on March 5,2024, All interested parties are invited to participate. Amanda Barnes City Clerk Pilot:February 25,2024 1� s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Granting Thirteen Franchise Agreements for Outdoor Cafes in the Resort Area PUBLIC HEARING: March 5, 2024 MEETING DATE: March 19, 2024 ■ Background: The City Council adopted revised regulations for outdoor cafe franchises on October 20, 2020 ("Revised Regulations"). The Revised Regulations simplify the outdoor cafe franchise program and allow more flexibility for outdoor cafe owners and operators to keep pace with current standards in construction, design and materials. The City has developed a franchise agreement for the regulation of outdoor cafes, which the grantees are required to execute as a condition of the grant. The City Council has traditionally granted initial franchises for one-year terms. If an outdoor cafe is successfully operated during the initial one-year term, the franchisee may return to Council upon the expiration of the one-year term and request a five-year franchise agreement. ■ Considerations: The following two entities are seeking one-year franchise agreements: 1) Dunes Investment Association, LLC, t/a Dunes Cafe, for a boardwalk cafe; and 2) Seda Inc., t/a 21st Street Grill Cafe, for a sidewalk cafe. The following eleven entities have successfully operated outdoor cafes pursuant to either one- year or five-year franchise agreements and are seeking franchise agreements for five-year terms: 1) Atlantic Lobsta, LLC, t/a Mason's Famous Lobster Rolls Cafe, for a sidewalk cafe; 2) Colonial Inn VB, LLC, t/a Fishtails Cafe, for a boardwalk cafe; 3) Fogg's Seafood Company, t/a Waterman's Surfside Grille Cafe, for a boardwalk cafe; 4) Baja Tacos, Inc., t/a Baja Cantina Cafe, for a sidewalk cafe; 5) Chix Sea Grille, LLC, t/a Chix Cafe, for a boardwalk cafe; 6) Fish-N-Bones, Inc., t/a Fish Bones Cafe, for a boardwalk cafe; 7) Dandrea, LLC, t/a II Giardino Cafe; 8) Jumpin Shrimp Inc., t/a Jumpin Shrimp Cafe, for a boardwalk cafe; 9) Scrambled Inc., t/a Scrambled Cafe, for a sidewalk cafe; 10) Gold Key/PHR Food Services, LLC, t/a Tortugas Cafe and Tiki Bar, for a boardwalk cafe; and 11) Dunes Investment Associates, LLC, t/a Station 10 Cafe, for a boardwalk cafe. ■ Public Information: A public notice was published in The Virginian Pilot on February 25, 2024. ■ Attachments: Ordinance, Disclosure Forms, Cafe Location Maps and Photos, and Plans and Elevations Recommended Action: Adopt Ordinance Submitting Department/Agency: Resort Management Office City Manager: le 1 AN ORDINANCE GRANTING THIRTEEN 2 FRANCHISE AGREEMENTS FOR OUTDOOR 3 CARS IN THE RESORT AREA 4 5 WHEREAS, City Council adopted revised regulations for outdoor cafe franchises 6 on October 20, 2020 ("Revised Regulations"); and 7 8 WHEREAS, the Revised Regulations simplify the outdoor cafe franchise program 9 and allow more flexibility for outdoor cafe owners and operators to keep pace with 10 current standards in construction, design and materials; and 11 12 WHEREAS, the City has developed a franchise agreement for the regulation of 13 outdoor cafes, which the grantees are required to execute as a condition of the grant; 14 and 15 16 WHEREAS, the City Council has traditionally granted initial franchises for one- 17 year terms; and 18 19 WHEREAS, if an outdoor cafe is successfully operated during the initial one- 20 year term, the franchisee may return to Council and request a five-year franchise 21 agreement; and 22 23 WHEREAS, the following two entities are seeking one-year franchise 24 agreements: 1) Dunes Investment Association, LLC, t/a Dunes Cafe, for a boardwalk 25 cafe; and 2) Seda Inc., t/a 21St Street Grill Cafe, for a sidewalk cafe; and 26 27 WHEREAS, the following eleven entities have successfully operated outdoor cafes 28 pursuant to either one-year or five-year franchise agreements and are seeking franchise 29 agreements for five-year terms: 1) Atlantic Lobsta, LLC, t/a Mason's Famous Lobster 30 Rolls Cafe, for a sidewalk cafe; 2) Colonial Inn VB, LLC, t/a Fishtails Cafe, for a 31 boardwalk cafe; 3) Fogg's Seafood Company, t/a Waterman's Surfside Grille Cafe, for a 32 boardwalk cafe; 4) Baja Tacos, Inc., t/a Baja Cantina Cafe, for a sidewalk cafe; 5) Chix 33 Sea Grille, LLC, t/a Chix Cafe, for a boardwalk cafe; 6) Fish-N-Banes, Inc., t/a Fish 34 Bones Cafe, for a boardwalk cafe; 7) Dandrea, LLC, t/a II Giardino Cafe, for a sidewalk 35 cafe; 8) Jumpin Shrimp Inc., t/a Jumpin Shrimp Cafe, for a boardwalk cafe; 9) 36 Scrambled Inc., t/a Scrambled Cafe, for a sidewalk cafe; 10) Gold Key/PHR Food 37 Services, LLC, t/a Tortugas Cafe and Tiki Bar, for a boardwalk cafe; and 11) Dunes 38 Investment Associates, LLC, t/a Station 10 Cafe, for a boardwalk cafe; and 39 40 WHEREAS, the Office of Resort Management recommends that the above- 41 named entities be granted outdoor cafe franchise agreements. 42 43 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 44 VIRGINIA BEACH: 45 46 That the City Council hereby grants one-year franchise agreements to: 1) Dunes 47 Investment Association, LLC, t/a Dunes Cafe, for a boardwalk cafe; and 2) Seda Inc., 48 t/a 215' Street Grill Cafe, for a sidewalk cafe; and 49 50 That the City Council hereby grants five-year franchise agreements to: 1) Atlantic 51 Lobsta, LLC, t/a Mason's Famous Lobster Rolls Cafe, for a sidewalk cafe; 2) Colonial 52 Inn VB, LLC, Va Fishtails Cafe, for a boardwalk cafe; 3) Fogg's Seafood Company, t/a 53 Waterman's Surfside Grille Cafe, for a boardwalk cafe; 4) Baja Tacos, Inc., t/a Baja 54 Cantina Cafe, for a sidewalk cafe; 5) Chix Sea Grille, LLC, t/a Chix Cafe, for a 55 boardwalk cafe; 6) Fish-N-Bones, Inc., t/a Fish Bones Cafe, for a boardwalk cafe; 7) 56 Dandrea, LLC, t/a II Giardino Cafe, for a sidewalk cafe; 8) Jumpin Shrimp Inc., t/a 57 Jumpin Shrimp Cafe, for a boardwalk cafe; 9) Scrambled Inc., t/a Scrambled Cafe, for a 58 sidewalk cafe; 10) Gold Key/PHR Food Services, LLC, t/a Tortugas Cafe and Tiki Bar, 59 for a boardwalk cafe; and 11) Dunes Investment Associates, LLC, t/a Station 10 Cafe, 60 for a boardwalk cafe. 61 Adopted by the City Council of Virginia Beach, Virginia on this day of 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Resort ManageAtr6nt City Attorney's Office 17!, S` 664'l'LE-� CA16420 R-2 February 29, 2024 Virginia Beach APPLICANT'S NAME Dunes Investment Associates, LLC - d/b/a�The Dub T'tLE pv tNs S c*fE DISCLOSURE STATEMENT FORM 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 board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: ! Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board Zoning Aeatsis Encroachment Request Rezoning Certificate of Floodplain Variance Appropriateness Street Closure Historic Review Board) Franchise Agreement Chesapeake Bay f Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit [License Agreement Wetlands Board I 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, SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council nfeeting that Pertains to the a lication(s). El APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: i REVISIONS SUBMITTED DATE: t i� f i i Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. aCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Dunes Investment Associates, LI If an LLC, list all member's names: Lyons Family Asset Protection Trust, Octo, Inc./Thomas J. Lyons, Jr. Rev. Trust, Timothy J. Stiffler, Marcus B. Lewis, Fred & Patricia Russell If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity Z relationship with the Applicant: (Attach list if necessary) Coastal Hospitality Associates, LLC (Management Company) See next page for information pertaining to footnotes and 2 " ':NVHvs,J.W:BkR'E.VaW36.c'4�Aa=a-'&'w=+Ko-:.3a:.+idaY4s 4t.`..." _«:sr:� ..'t'kr_-p€�n#R45ri'du+'ds"d,Fnati� ad#bfrrsSNr45�kY#uAiRi3+_. E�Aa±'mn -�?+;+`::'�a SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:_________________________________ If an LLC, list the member's names: Page 2 of 7 i i Virginia Beach j If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) 1 (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity Z relationship with the Property Owner: (Attach list if necessary) I "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. z "Affiliated business entityrelationship" means "a relationship, other than p p, 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 (111) 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. I i SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer I to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY I A Page 3 of 7 I i I I r city„/ s; APPLICANT Virginia Beach YES FO I SERVICE PROVIDER (use additional sheets if needed) ❑ Accounting and/or preparer of BDO Norfolk,Virginia your tax return a Architect / Landscape Architect/ WPL, &Saunder&Crouse, PC Land Planner ❑ ❑ Contract Purchaser(if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed El a purchaser of the subject property (identify purchaser(s) and purchaser's service providers) QConstruction Contractors Hoy Construction, Inc. Norfolk,VA aEngineers / Surveyors/Agents MSA Virginia Beach,VA Financing (include current Towne Bank Norfolk ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Kaufman&Canoles, PLC Norfolk, VA Real Estate Brokers / 0 Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO 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? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 W- Virginia", " Beach j CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is i complete, true, and accurate. I 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 Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. 4- 6j, ._ Christopher W. Brown 03/05/202 APPLICANT'S SIGNATURE PRINT NAME DATE 1 F k J S ( I i 1 Page 5 of 7 1 i i i W"", - OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of BDO Norfolk,Virginia your tax return a Architect/ Landscape Architect/ WPL, Virginia Beach,VA Land Planner Saunders&Crouse, PC VA. Beach Contract Purchaser (if other than El ❑ the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors Hoy Construction, Inc. Norfolk,VA Engineers / Surveyors/ Agents MSA Virginia Beach,VA Financing (include current Towne Bank Norfolk ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) aLegal Services Kaufman&Canoles, PLC Norfolk,VA Real Estate Brokers / IX-1 Agents/Realtors for current and El anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ a an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 XON-fu Virginia Beach • _., CERTIFICATION: certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. understand that, upon receipt of notification that the application has been scheduled for public hearing, 1 am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. Christopher W. Brown 03/05/202 PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 901 Atlantic Ave, The Beach Club Cafe 1001 921-CAFE 01-1401 921-140 ; �g 921-1 ! 910-212.t 921-1201 921-1101 M-1102 . 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RaA m■ouBRl� rose a mamas w PopRVE R1a■eC:iE D mmurm I eatmE PeAtfi N1E seas PENWrE9e0. poummem �81 PLANT METHOD 1 a)PLANT METHOD 3 F ro �DIPLANT METHOD 4(STEEL EDGE) uo Mrs u.o Nre u.e rm PLANT PALETTE x 'a lA< A 1r t <J. 1( y Zug SUN PAT7FN5/SPRtNG(AA) PANSYS/FALL(M) YAVPON HOLLY(IC) ROYAL PURPLE LYTURF LA LITTLE la"N BLACK EYED SUSAN IR51 AUTUMN FIRE SWUM(SA) WINDMILL►ALM(TF) EVLAUA GRASS(MU PLANTING DETAILS SPRINGHILL SUITES OPEN-AIR CAFE ° 901 ATLANTIC AVENUE,VIRGINIA BEACH,VIRGINIA 23451 223-0041 COASTAL HOSPITALITY ASSOCIATES I WPL LANDSCAPE ARCHITECTS-LAND SURVEYORS-CIVIL ENGINEERS � SEPTEMBER 22,2023 \\\\\\\\\\\AMR111110 HI ���I/irOrr�;,rrrr, a "�� ' •:. q.^1 it ram.. ...•'L ��, . ,•a^ �.- � $".>w A f " a .",gym �►R�, 1 �fi 'i.h <Y'> ^' � pt ".� i j `�I ",` � ^ "�"'► � :a" 1 e Ar R p y I v � I a m SITE PLAN&ELEVATIONS SPRIANTGHILLIC SUITEVIRGINIA S OPEIN AIR CAFE 223-0041 901 COASTAL HOSPITALITY ASSOCIATES I WPL LANDSCAPE ARCHITECTS-LAND SURVEYORS-CIVIL ENGINEERS SEPTEMBER 22,2023 a S0M Pnnl2'-5" T T-B" 31'-6" j to I i7 i7 �� ---- I -----� —————— �♦ ———- Vmom' o Q a DAC NT -- -L -i-- a BUtiDMa 45'-5" 37'-6" 51'-6" 46'-0" f LAYOUT&DIMENSION PLAN SPRINGHILL SUITES OPEN-AIR CAFE 901 ATLANTIC AVENUE,VIRGINIA BEACH,VIRGINIA 23451 223-0041 COASTAL HOSPITALITY ASSOCIATES I WPL LANDSCAPE ARCHITECTS-LAND SURVEYORS-CIVIL ENGINEERS SEPTEMBER 22,2023 ° ® WL WE PAIN it � rpaslew .PwV m\ aM vlPlln` 4a�1f,11►- IY+� wWAY aR.w ------------ i ------------ P.I r 5- RSd• i o-+> L rACMeF ' .011 ' r QPEi9-A1RCAFE=800 SF�,I�y'� L IENCQACHMENT7—� 1emm. R. i R`.7 _ -_ yN IN aR1 IIApIRI.rn. p a lXWJLDWto MI P1ANI�S.CHEDULE PLANT PALETTE naanewamw .wA - re + I i I A„ 1 i aiu a� i aio .nm li•Ti�.__,._. i n uwnlA�Ir v. , nrrrawr-fir e°i•"t'-`-w�—"-'+arswr .!'w �>. aai�Arwwr maw NM .• RpaL meAailw I SUINIRIflR/5►1WG(AA)' ►w ut tMl r 1101trt caws IMU - -�i-uiwrtnirile7i+++i�r ""biaaiwtu+ir mn wn I . �nmen . I - arAw 'w�Awswa.. _ mraww_ 1 lean wre Iwa° 7_ � _.. to Y {t » ya BlAO(EYEOSU5l1N IRS) NlIUMINK77mIMON wi ►ALM(M v PLANTING PLAN,SCHEDULE,&PLANT PALETTE SPRINGHILL SUITES OPEN-AIR CAFE 223-0041 901 ATLANTIC AVENUE,VIRGINIA BEACH,VIRGINIA 23451 COASTAL HOSPITALITY ASSOCIATES I WPL LANDSCAPE ARCHITECTS-LAND SURVEYORS-CIVIL ENGINEERS SEPTEMBER 22,2023 °`'�'- Sed0k ) T� C' Virginia Beach APPLICANT'S NAME y �►' 'n J 1 ,(n of� DISCLOSURE STATEMENT FORM 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 board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for EDIP) _ Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure Historic Review Board) Franchise Agreement Chesapeake Bay _ Preservation Area Lease of City Property Subdivision Variance Board r Conditional Use Permit License Agreement Wetlands Board 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. SECTION 1 / APPLICANT DISCLOSURE Page 1 of 7 Yi• ,.+ :i^; .vE 2;+�(nb. ! •,:'?i..l I;t— �t+.f t; t N(.` .,i h L .i�4 tayU Virginia Beaeh Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ® Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. _ (A) List the Applicant's name:SAMET YUMUSAK d____________�__,______________ ) If an LLC, list all member's names: SAMET YUMUSAK If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes I and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2_M(y if prot'erty owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ® Check here if the PROPERTY_OWNER !S a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) list the Property Owner's name:OCEAN HORIZON PROPERTIE: If an LLC, list the member's names: NABIL D. KASSIR & DEBORAH M. KASSIR Page 2 of 7 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) BRAVA, LLC, OCEAN HORIZON PROPERTIES OF FL, LLC, KASSIR INVESTMENT COMPANY, INC, MENU & MANAGEMENT CONSULTANTS, ALDO'S, INC, BIRDNECK ASSOCIATES, LLC, 620 19TH STREET, LLC, 29TH STREET ASSOCIATES, LLC 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or Indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 °Affiliated business entityrelationship' means "a relationship, other than P p, 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. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the us blect_of the application or any business operating or to be operated on the Property. If the answer to any Item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 N., )B APPLICANT Vagina Beach YES NO �— SERVICE PR,D R (use additional sheets if needed F® ❑ Accounting and/or preparer of A-Z BOOK KEEPING your tax return _ © ® Architect/ Landscape Architect/ REICH ARCHITECT Land Planner ❑ ® Contract Purchaser(if other than the Applicant)- Identify purchaser and purchaser's service providers Any other pending or proposed ® ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ® Construction Contractors ® ® Engineers/surveyors/Agents WARREN&ASSOCIATES Financing (include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) _ ® Legal Services Real Estate Brokers / El ® Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have El ® an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 C. Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement F]hbe complete, true, and accurate. I understand that, upon receipt of notification that the application scheduled for public hearing, 1 am responsible for updating the in provided herein two weeks prior to the Planning Commission, Cou meeting, or meeting of any public body or committee in connectionA lication, SAMET YUMUSAK APPLICANT'S SIGNATURE PRINT NAME Page 5 of 7 OWNER Virgiinia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ ® Accounting and/or preparer of your tax return ® ® Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than ® © the Ap lip cant)- identify purchaser and purchaser's service providers _ Any other pending or proposed ® purchaser of the subject property (Identify purchaser(s)and purchaser's service providers) El ® Construction Contractors _ ® Engineers/Surveyors/Agents Financing (include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) El ® Legal Services Real Estate Brokers / El ® Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO 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? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Byrd Virginia Beach CERTIFICATION: 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 Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. ' — NABIL D. KASSIR 3/5/2024 PROPERTY OWNER'S XGNATURE PRINT NAME DATE Page 7 of 7 200 21 st St, 21 st Cafe a r Z. a n 21S.,T 5'T �t 21ST. St . • M-106 � 200 21 st St 202406 2024 91 r >s 1/31/2024, 7:40:19 AM 1:282 0 0 0 0.01 mi —•••—•� City Boundary Address Point T 0 0 0.01 0.01 km Primary ®City or Virginia Beach Primary Address Point Label City of Virginia Beach Center for GIS 0 City of Virginia Beach i 1 AL +t. t 4 � w u iftook - _� a mom 3 i • q f ,r PI vulylNiF:UP a Adopted by City Council on October 20,2020 RESORT AREA OUTDOOR CAFE BOUNDARY MAP V0 4 32W vsx�N BOND 1�N� o.� u Ey�t`S' 4 NORFOLK AVE BOARDVW"CAFES SIDEWALK CAFES-ATLANTIC TO PACIFIC p�6hLt SIDEWALK CAFES-WEST OF PACIFIC RESORTAREACAFE ELIGIBLE PARCELS N a o� 6,2 as as oe i 1 EXISTINGBUILDING FABRIC RR'f ON METAL TUBE TRLW f Y-9'O.C. 1. METAL TUBE PURL16 BETWEEN f TRUSSES A5 REQUIRED 1 12 �- TO FASCAA _O 4•.p I q•.T• q•-T�, ` 4•.T / 2146MET 6• / r-i•.+eo.w� GRILL --MR TUBE LEDGER METAL GIRDER TRU56 _-- . EXISTNG WILDING E7l+L FRO �� w � .• Mr� BRACE F45CIA n ew,• '�er10i.c L_J L_J L_J--- �_1 • __ l �LJ X M•.i ATLANTIC AVE ELEVATION r: Ast STREET ELEVATION LU — - - Q _O L—J +— SECTION r.ram• �- .a Q ewe..0 } oar�u �L Q e -------------------------------------------------- 0 •� �L rO �Yk-�4b•/�rll , 1 Q �r.w r�r, sew •„a• wr � .. ...rr__� v r-,w � anvdofi am a 2/at ST a"& vm ROOF FRAMING PLAN FLOOR FLAN Ow Al L` Ivl i This is fo—illy tlwt I on(JOI,�2S-11iea the p,.Wy show on IN.Plot.one thol the till. Ihee and the was of the buMd;ngs ore No m thl.plot. The buildings stone Wthh the title Ihes and Mere are w ohcropUM -of otnw h Alb q.on the prgaerty..eept w,how. Gm of Note.:1.This w,ey a holed on o sot recorded fn he cl.i.,offlri of the CNouil Cowf of Me City of Veghb �(^' Beech^Wglhie Af Mop Baoe 13 Poll 26. a�F•�• i fi This survey vas perform...IMouf the ven.flt of a Gwtenf tele rpwf dry doe,not t vfempf to depict dl Jt. p .a motlw one ea.•+renfa currenfry ofbcfhq Ihb Piope.tA ru H.C. WAR N NI s the edatehc,of"ilmd.,have do s waleq or underWa,h,d.tune,eas neiMM n 11gor,C hot oanrNMed Lk Nor 2192 Wising the PMfo, w of lh;.a r } Y 4.By acded map beofbn one grwtw plottho o ly,Ma popefty aho.h hereon atAeMe to It,.rthin nuad ` Eone ee Mew an the Notiohd flood h�Y•vc.Pregrom'4 Flood b,wanoe Rafe Mega.cem 11,number E Q if 515 pohel Q126..G,doted.Muatr 11 70213, �Sl1RA ;f & This rwy wr PMarmed b the aoro d eaduslro ben.01 of the.miff..li,ted h.rean pod coat not oe -led 1poh by any alhw.only w MWiWdud Mwnsaewr.No modif,6-w re,lmd—Hoh of IAi,docum.nl moy be made wthm Me-lift-P—lie,bn of Women one Ae.odote4 PG i y EXISTING CONDITIONS PROPOSED OUTDOOR CAFE IMPROVEMENT 21at$TREET ARO A f 21a STREET OgIERLY OELA ol, rKNGL 'c" LY M.-RE AVENGE eD'MOf MY Co.RIGIr i of NAY YAP I`l BJO. PAf.T LOB YAP BOO( PA JOB 1 M Tel,L"W \ NAIL - ,... • ..Lora' s. ell,it.Low Epp PAIY flE PARCbl B i-57b1Y 9.PO( �.a T l'RPPERIY lK .�ee BUILYN6 MALL 7 EASCIIENT Iv. 8"331,VAW 1111C 61.{aeN ?. r, T YAP BLOT 13 PAL[Te $ °�' MTEIea1t NAr Solic 1e 1site° :3„� g wlfA•L r_sre100rM.00l �"b�' 8 - tit ole"'Ne • ; NigpR .tI 2 Ce f -._._`.., bli0' � Iptl IRK ' ( v C f� LEGEND a [ 4 ASANAI/PARNMO M M CA Z DRD�PAGE I= Y-z� JH OR0.l ME(PROPERTY WMdD jIIW�I c S101 3t YAP eOp(IS PAGE 76 - -4'^:+ {/ NM 7e.>tB NJ6 PA"SM1Fl .e commir :7; f.YOi v ASPHALT PAI,IWNI 90.W xia' 0 (IYIGY) ems— vie fi 0olq •• {}s eres'oD'J. 14 STREET IA-e.00' SSCO SWTMY SEWil MEANOUT 7-SIMY f1'NMG V fV cr UTILITY VAIAT YA eEAfH 0.'V.C1NP' (mlOrvcNAnwJ "0'iX AIIw) • 6MLARDS YAP BOOR 13",,w 7s NA eoc,r I3 PACE 7e EX1511NG CONDMONS PLAN SHOWfNC afeUf- NOS oz R(C_%u r-PENr Mc shim iRiES SYGLMICJ PROPOSED AWNING OE: NSIIIIYdNT NUMBER (IY� ....,. _ 7oaw1 291 wallfei,fE"a PARCEL A AND PARCEL f3 AP door 1]PAGE 26 emloes ER sewthe c) Ytd+M 2e7)ie 4"M7 GEED BOOT(3514 PAGE 1336 © A MAP BOOK 13 PAGE 26 VIRGINIA BEACM NRGWIA © UMUSIYLLY FOR: AWOM 21st STREET MIL SERA MIC GRAPHIC SCALE SCALE 1"-20' OCTUVER J. 2023 20 40 _w EN Ae O P_ C - ..__-- J933 lrfdlan Taber Rand wgNHD 8etxh• Vrdnlo 737'-471-f73 C LU 6S+- aW: e APPLICANT'S NAME �r haves L�l-x,�u � DISCLOSURE STATEMENT FORM 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 board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inf��€ public officials who may vote on the application as to whether "Ic-qf have F' (af lnteres� under Virginia ia,w SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pzrtains to the a lication(s). APPLICANT NOTIFIED OF HEARING NO CHANGES AS OF DATE: REVISIONS SUBMITTED DATE: Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT Is a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:_k�_k_AD_6A If an LLC, list all member's names: �j �'ty U u\� �.�U v1 tlrV I rI %C�y,6L, � W X l.Z' cti({J If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER /S a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:_rj� �1h�11° V1J— If an LLC, list the member's names: Page 2 of 7 -:i Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship,p, 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. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 W-�- APPLICANT Virginia Beach YES [NO] SERVICE PROVIDER (use additional sheets tf needed) Accounting and/or preparer of �/ your tax return ❑ I�f Architect / Landscape Architect / III��� Land Planner Contract Purchaser(if other than ❑ the Applicant) - identify purchaser and purchaser's service providers ❑ / Any other pending proposed �J( purchaser of the subject ect property (identify purchaser(s)and purchaser's service providers) Construction Contractors fb Engineers / Surveyors/Agents Financing (include current Elmortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services v,*-46 h A-,SAYt e,V`ev- Real Estate Brokers / j Agents/Realtors for current and �J anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO 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? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 ' ' W� _ Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I kAPPUCANT'S'S+dNATURE nderstand that, upon receipt of notification that the application has been duled for public hearing, I am responsible for updating the information vided herein two weeks prior to the Planning Commission, Council, VBDA ting, or meeting of any public body or committee in connection with this lication. PRINT NAME DXTE Page 5 of 7 W" OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) ElAccounting and/or preparer of your tax return Architect/ Landscape Architect0 El / Land Planner Contract Purchaser(if other than F-1 El the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed Elpurchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors Engineers / Surveyors/ Agents Financing (include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / ❑ Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO 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? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 600 Atlantic Ave, Mason Famous Lobster Rolls 711' 5'T a r 7 n 600 Atlantic Ave 1/29/2024, 3:36:27 PM 1:282 0 0 0 0.01 mi City Boundary r r---^— 0 0 0.01 0.01 km Parcels 0 City of Virginia Beach City of Virginia Beach Center for GIS 0 City of Virginia Beach � 1 t i .. ii 4 r. rP 4 ffi i r: 1 /5/2024 12 : 58 201 -235 Seventh St Virginia Beach 4 h.k C S ✓J.` f '+,•,. ��,°��,3 5 a„ kKf 3 i v�r,. 'J+St } :-t � _� $t 4rx 1' 6 �+- " xf .sy" ��+,¢`t;:s,t^S�n�e` it ax, ym•F. "t 'e�r �rlx 4`R+'+ .vt� Vi`rgin�a'13each r_ r. � Colonial Inn VB LLC APPLICANT'S NAME � .� DISCLOSURE STATEMENT FORM 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 board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 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 VIV91nia is , SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the a lication(s). APPLICANT NOTIFIED OF HEARING DATE: O NO CHANGES AS OF DATE: REVISIONS SUBMITTED DATE: { � 1a "'s r' �'.+. r yxsrrr i r Y' ,.,: s. Dea _ ....tit•... Check here if the APPLICANT IS NOT a corporation, partnership, 'firm, business, or other unincorporated organization. ® Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:_5 9�12Y1c�s L_ ✓dl'?_ If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) l' (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) S f C_ IP��c(--c See next page for information pertaining to footnotes and Z SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ® Check here if the PROPERTY OWNER 1S a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:Best Kitty Hawk, LLC___ If an LLC, list the member's names: Michael J Standing Jr. Page 2 of 7 T Vrginia Beach; If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) Chix Sea Grille, LLC ; Foggs Seafood Company ; Crushfest LLC; Festival LLC; Pacific Ave Company "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 entityrelationship" means "a relationship, other than p" p, 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. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 '!n $ Fyx yw.�.���'S t, `E � s•n.-r',� s.. .s t �"' n,�� � � �`YsW- r F � "� ' A "ffxss"�kr ,.. ,.;',�" �t'-fir,,�� r.,'&c"` +t'rr'... �-...:;'?-•cx 'Si5 z :a'�-� f�*e5 �r :-�^�;i`r .. a APPLICANT �r� " vixginiaeacht' YES NO SERVICE PROVIDER (use additional sheets if needed) n Accounting and/or preparer of l� your tax return (� Architect/ Landscape Architect / L�J Land Planner Contract Purchaser(if other than 4 the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors Engineers / Surveyors/ Agents Financing (include current ❑ 1-7� mortgage holders and lenders 1J1 selected or being considered to provide financing for acquisition or construction of the property) T Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have 7� an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 A CERTIFICATION: 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 Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. G q1 Un S S k a, APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 4".4 s ' `F 01 x ' ,e` f Ag A"` kQ{ i�_ rtQ �. ,c' t' r� s� ,;hyt Q ' .T 7 5=4{ „F* ifa*3- '�+ r - - :t aigvp "` 'eL'`F'�sr w_, •• } �a :'.�- r �" n 7 s xa OW N E VixgtnI _ ea- k FYES NO SERVICE PROVIDER(use addifidnal sheets if needed)' ` ❑ F7 Accounting and/or preparer of your tax return F7 Architect / Landscape Architect / Land Planner Contract Purchaser(if other than ElIXI the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors F7Engineers/ Surveyors/ Agents Financing (include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) FI ® Legal Services Real Estate Brokers / ® Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST 6Y PUBLIC OFFICIAL OR EMPLOYEE YES NO 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? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 r rt Vll gibia BeaC}l CERTIFICATION: 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 Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. 'Z_5ZL Michael J Standing Jr 3 j5 j@oajjj PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 Atftv 13$Hotels LLC Bast kv Tower Management Company 909 Atlantic Ave.Vimnvm %A 23451 3"S 79230 Atlaolic Smoothies LLC Tropical Smoothies '309 Lad in Rd Ste 108 V-ninia Bawk VA 23451-3017 87-4442125 Budw rowen(roww) I3mrlae xotel r $09 Atlantic Are VugtWm Beach;VA 2345 t 88-0579230 r rv�� •M 3.1'fJJ Colonial inn NIB LLC Ramada Plaat(NOW Acearmt) 12M9 Atlaotic Artie Virginia Beach VA 23451 87-3307938 CoIotuaJ Inn ZB LLC lRumada Plaza(Old Aeco=) 12809.Admac Atv ZTirst m Beach TA 23451 57-3`079.38 Qteenwich LLC OM) Fifimpton bun 5793 Grem vich Rd.Wginia Beach.VA 23462 88-2181710 Greeaaioh LLC(OP., 11omplon Inu 5793 Gremvmb Rd.Wginia Beach.VA 23462 88-2181716- HerftW Cluisoat LLC OCOWRmort 2417 Atlantic Aram Vn*k Beach,VA'.151 87-2667045. Sb*Ia+evm"hamce Trost *K Condonadnuumut) 200 Golden Oak at w.q 10 VWpaia Beach VA 23452 46-1759273 .%fmw Hotels LLC Aqw V tata Resort Hotel 11719 At]mtie Axww 3' . . Beach VA 23451 93-2850036 .\dKB ll n l l:LS LLC Sea W Hotel 12109 Atlantic Are Bescb VA 23451 85-3615MG Plaza Hvtek LLC. Tramlodo 1hy Beach 2968 Share Drive A&ginis Bewk VA 2M51 IW39WSN Plana Hotels LLC 28Q2 Atli oiC A e Beach VA 2M:S 1 84-3956758 T Lam- Sharsava Resorts LLC Sand Castle Resocts 1307 Atlantic Areaue VkMkia Beach,VA 2U51 86-3793021 Shavanya.Venture Inc Beach CuousekMotel 1300 Pacific Ate Vj-q&m Beach VA 23451 87-1924016 Sbarms.Wntrule LLC(AC Clowd) -M Golden Oak Ct Sude 410 Virpm Beach VA 23452 87-1814433- Twd Hotels LLC Bbw.' Uw Ilan b:Sb _411 Pacific Arena!' . Beech VA 23451 454698274 ToW Hobels LLC CLOSED) Bhre Air Inn&Sts 2411 Pacific Avenue Vnitk&Beach VA 23451 4546982-74 TmvWp 19th st 1909 Atlantic Avenue Mupitda Beach`A 23451 54-200r67 2809 Atlantic Ave, Fishtails 2809 Atlantic Ave 21W 2g-F1 S'T 's t 1/29/2024, 3:42:03 PM 1:564 Address Point 0 0 0.01 0.01 �—••—••� City Boundary __ mi_. . Parcels Primary D 0.01 0.01 0.02 km ®City of Virginia Beach Primary Address Point Label City of Virginia Beach Center for GIS 0 City of Virginia Beach I 4 1 /5/2024 12 :43 2707 Atlantic Ave Virginia Beach e � p . • ' 11►► �• s,, y,;,,,'�f ,, • � g�� ,�- �- . �. �r �, 6 i;'�..,>� nth _may �L•• •r}+ � ��Y t r 1113/2023 11 : � W 2809 Atlantic Ave' Virginia Beach ,w APPLICANTS NAMEFoggs Seafood Company T/A Waterman's Surfside DISCLOSURE STATEMENT FORM 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 board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this farm are necessary to inform public officials Who may vote on the application as to Whether they have a conflict of interest sunder Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the a lication(s). 0 APPLICANT NOTIFIED OF HEARING DATE: 0 NO CHANGES AS OF DATE: REVISIONS SUBMITTED DATE: A)B% Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Foggs_Seafood Company T/A V If an LLC, list all member's names.- If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) Michael J. Standing, Jr. - President, 100% ownership (0) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See attached See next page for information pertaining to footnotes I and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:415 Atlantic, LLC ---------------- If an LLC, list the member's names:Michael J. Standing, Jr. - Managing Member/Owner, 100% ownership Page 2 of 7 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if'necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach 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, (H) 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. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 APPLICANT Virginia Beach YES FN O F SERVICE PROVIDER (use additional sheets if needed) ❑ Accounting and/or preparer of Dixon Hughes Goodman (Forvis) your tax return ❑ � Architect/ Landscape Architect/ Land Planner ❑ � Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ � purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors Engineers / Surveyors/ Agents Financing (include current Elmortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Poole Brooke Plumlee Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO 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? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 " v1 Virginia Beach CERTIFICATION: 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 Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this A lication. Michael J. Standing Jr. 03/05/24 APPLICAN 51 NATU PRINT NAME DATE Page 5of7 r� OWNER Virginia Beach YES FN 0 F SERVICE PROVIDER (use additional sheets if needed) ❑ Accounting and/or preparer of Dixon Hughes Goodman (Forvis) your tax return Architect/ Landscape Architect/ Land Planner Contract Purchaser (if other than❑ the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ � purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors ❑ X Engineers / Surveyors/ Agents Financing (include current TowneBank ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO 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? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Virginia Beach 7�QERTIFICATION: at all of the information contained in this Disclosure Statement Form is 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 Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. Michael J. Standing Jr. 03/05/24 PROPERTY O R'S SIG ATURE PRINT NAME DATE Page 7 of 7 Disclosure Statement Form—Affiliated Business Entity Relationship with Applicant RE:Section 1, Page 2, Part B 415 Atlantic, LLC Best Kitty Hawk, LLC Chix Land, LLC Chix Sea Grille, LLC Crushfest, LLC Eighteenth Street, LLC Festival, LLC Forrest Holdings, LLC Mid Atlantic Rockfish Classic, Inc. Pacific Avenue Company Parks Avenue, LLC South Shores Management, LLC South Shores, LLC Standing Properties, LLC Waffi, LLC Disclosure Statement Form—Affiliated Business Entity Relationship with Property Owner RE:Section 2, Page 3, Part 8 Best Kitty Hawk, LLC Chix Land, LLC Chix Sea Grille, LLC Crushfest, LLC Eighteenth Street, LLC Festival, LLC Foggs Seafood Company dba. Waterman's Surfside Grille Forrest Holdings, LLC Mid Atlantic Rockfish Classic, Inc. Pacific Avenue Company Parks Avenue, LLC South Shores Management, LLC South Shores, LLC Standing Properties, LLC Waffi, LLC 415 Atlantic Ave, Waterman's Surfside so4414 b01-214 1-114 e, --' � + 415 Atlantic Ave M� 445 • 1/29/2024, 3:47:59 PM 1:282 r•��" : 0 0 0 0.01 mi City Boundary Parcels Primary Address Point Label 0 0 0.01 0.01 km Condos Address Point 0 City of Virginia Beach Primary City of Virginia Beach Center for GIS 0 City of Virginia Beach i f k v�\����1� y1�h �. re ,���;,.,.�. „k � •• � r t. ' �, `� � „, a ., l' � _ _ _ ..- ti — .. � .'. �'� 1 `�. ,. , .. t+„Ma� �„�� �, .� r . . ., "' ,� .. :,�; - � � . � � .:x.�..,,. .. "" . r , �. i '" __ �— a _. ,: �,. ,, r .1. ��:y _' ._ .'K ". s n � � � � _ �� � :. , � � I .,. . .,, t^� 5 I ,hii.= Ri ach APPLICANT'S NAME C, �01cr . ►'q ��rj� �,r,�- ;� DISCLOSURE STATEMENT FORM 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 board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City _ Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 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. SECTION 1 / APPLICANT DISCLOSURE Page 1 of 7 ❑ T - { Vironia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. r, (A) List the Applicant's name: '�_`�_�_4' If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes I and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. p (A) List the Property Owner's name:14s__ L 4 %'"�`� -------------- If an LLC, list the member's names: Page 2 of 7 Virginia Beach if a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) V. (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entityrelationship" means "a relationship, other than P" p, 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. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 s APPLICANT Virginia Beach FYES NO �— SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of �d your tax return Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors EJEngineers/Surveyors/Agents Financing (include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO 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? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 r Virginia Beach CERTIFICATION: 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 Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with pt�iis A i ation. ��p AP CAN S GNATURE PRINT NAME !DA!A Page 5 of 7 OWNER Virginia Beach YES FN 0 SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of your tax return Architect/ Landscape Architect/ Land Planner ❑ \,� Contract Purchaser(if other than the Applicant}- identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors Engineers/Surveyors/Agents Financing (include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / Agents/Realtors for current and u anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO 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? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 r Virginia Beach CERTIFICATION: 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 Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection w,'4tothis V rn �-J. PROP TY 4NE 'S SIGNATURE PRINT NAME DATE Page 7 of 7 206 23rd St, Baja Cantina Cafe 23a�.5T —ZM-CAFE _- � 206 23rd Street 2214 204 112912024,4:36:02 PM 1:282 0 0 0 0.01 mi e...._�i City Boundary Address Point _ _ 0 0 0.01 0.01 km Parcels Primary ®city of virginia Beach Primary Address Point Label Cny of Virginia Beach Center for GIS 0 City of Virginia Beach I 'loop _. a>. mom ei tic* wmk-? 1 /5/2024 12 : 36 208 23rd St „ := Virginia Beach Virginia Beach APPLICANT'S NAME Chix Sea Grille, LLC DISCLOSURE STATEMENT FORM 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 board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 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. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the a lication(s). APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: REVISIONS SUBMITTED DATE: <rt Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Chix Sea-Grille- , LLC - -------------------- If an LLC, list all member's names: Michael J. Standing Jr. - Manging Member/Owner, 100% ownership If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity Z relationship with the Applicant: (Attach list if necessary) See attached See next page for information pertaining to footnotes and Z SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:Chix Land, LLC__ ---------- If an LLC, list the member's names:Michael J. Standing, Jr. - Managing Member/Owner, 100% ownership Page 2of7 Llry of Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) See attached "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 APPLICANT Virginia Beach YES FN 01 F SERVICE PROVIDER (use additional sheets if needed) ❑ Accounting and/or preparer of Dixon Hughes Goodman (Forvis) your tax return Architect/ Landscape Architect/ Land Planner ❑ Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ � purchaser of the subject property (identify purchaser(s) and purchaser's service providers) ZConstruction Contractors zEngineers/ Surveyors/ Agents Financing (include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Poole Brooke Plumlee Real Estate Brokers / Cj � Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO 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? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 ,A- )B Virginia Beach CERTIFICATION: 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 Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this A licatio . Michael J. Standing Jr. 03/05/24 APPL1CAN ATURE PRINT NAME DATE Page 5 of 7 f_.Y. OWNER Virginia Beach YES NOF SERVICE i � PROVIDER (use additional sheets if needed) ❑ Accounting and/or preparer of Dixon Hughes Goodman (Forvis) your tax return XArchitect/ Landscape Architect/ Land Planner ❑ Z Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ purchaser of the subject property (identify purchaser(s) and purchaser's service providers) ZConstruction Contractors Engineers / Surveyors/ Agents Financing (include current TowneBank ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) zLegal Services Real Estate Brokers / Agents/Realtors for current and El z anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO 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? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Virginia Beach CERTIFICATION: 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 Planning Commission, Council, VBDA meeting, or eeting of any public body or committee in connection with this Application. Michael J. Standing Jr. 03/05/24 PROPERTY N R' NATURE PRINT NAME DATE Page 7 of 7 Disclosure Statement Form—Affiliated Business Entity Relationship with Applicant RE:Section 1, Page 2, Part B 415 Atlantic, LLC Best Kitty Hawk, LLC Chix Land, LLC Crushfest, LLC Eighteenth Street, LLC Festival, LLC Foggs Seafood Company dba. Waterman's Surfside Grille Forrest Holdings, LLC Mid Atlantic Rockfish Classic, Inc. Pacific Avenue Company Parks Avenue, LLC South Shores Management, LLC South Shores, LLC Standing Properties, LLC Waffi, LLC Disclosure Statement Form—Affiliated Business Entity Relationship with Property Owner RE:Section 2, Page 3, Part B 415 Atlantic, LLC Best Kitty Hawk, LLC Chix Sea Grille, LLC Crushfest, LLC Eighteenth Street, LLC Festival, LLC Foggs Seafood Company dba. Waterman's Surfside Grille Forrest Holdings, LLC Mid Atlantic Rockfish Classic, Inc. Pacific Avenue Company Parks Avenue, LLC South Shores Management, LLC South Shores, LLC Standing Properties, LLC Waffi, LLC 701 Atlantic Ave, Chix Cafe 705 m 701 Atlantic Ave 1�H SIX 1/2912024, 3:57:32 PM 1:564 r�� Address Point 0 a 0.01 0.01 mi City i_.._..i y Boundary �, . r I i , , Parcels Primary 0 0.01 0.01 0.02 km ®City of Virginia Beach Primary Address Point Label City of Vninia Beach Center for GIS 0 City of Virginia Beach WWI -. t ;;�'� f, w :.i �� , ne ,�y r ..� r-�fjs�. �„ ,_ .� �a�. . , I► Jvft 02413 .05 .. M Boardwalk _ Virginia Beach s APPLICANT'S NAME Fish Bones Restaurant DISCLOSURE STATEMENT FORM The completion and sipbmission 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 board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Nonconf of Exception for (EDIP Board Zoning Encroachment Request Rezoning Aeatsis Certificate of Flood plain' Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 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 undir Virginia law, SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated t (2(2)weeks prior to any Page 1 of 7 Plann!MCommission and City Council meetinq that pertains to the a lication(s). APPLICANT NOTIFIED OF HEARING DATE: 0 NO CHANGES AS OF DATE: _�_� REVISIONS SUBMITTED DATE: Virginia Beach a Check here if the APPLICANT IS NOT a corporation, pAlership, firm, business, or other unincorporated organization. © Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. , (A) List the Applicant's rtame:__� T ��bc) p'v E ` C If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) Michael Georgiou, Andrey Tsokanoff (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different Lrom Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:--------------—-------------—__ If an LLC, list the member's names: Page 2 of 7 ch If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entityrelationship" means "a relationship, other than P� p, 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. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 qwwww .. �. APPLICANT Virginia Beach YES FNO SERVICE PROVIDER ( '` additional sheets if� needed) I �( Accounting and/or preparer of Jones CPA l��! your tax return ® Architect / Landscape Architect / Land Planner Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed F7I purchaser of the subject property (/IN (identify purchaser(s) and purchaser's service providers) ® Construction Contractors ® Engineers / Surveyors/ Agents Financing (include current Towne Bank ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ® Legal Services Real Estate Brokers / ® Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO 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? If yes, what is the name of the official or employee and what is the nature of the interest? �' Page 4 of 7 Virginia Beach CERTIFICATION: 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 Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this A licatio . Andrey Tsokanoff 33/05/2024 APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 OWNER Virginia Beach SERVICE PROVIDER ( additional sheets if YES NO — need ❑ ❑ Accounting and/or preparer of your tax return F1 El Architect / Landscape Architect/ Land Planner Contract Purchaser (if other than ❑ ❑ the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ (� purchaser of the subject property L.j (identify purchaser(s) and purchaser's service providers) ❑ ❑ Construction Contractors ❑ ❑ Engineers / Surveyors/ Agents Financing (include current El ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ ❑ Legal Services Real Estate Brokers / El- Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO 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? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Virginia Beach CERTIFICATION: 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 ht aring, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. Andrey Tsokanoff 03/05/2024 PROPERTY OWNER SIGNATURE PRINT NAME DATE Page 7 of 7 R�r TS i j 12/ 13/2023 10 : 14 1301 Atlantic Ave Virginia Beach 1211 Atlantic Ave, Fish Bones Cafe a r 33�H ST s 1 .n, 1211 Atlantic Ave a. r a z a 1211 aa2 c � 1211 1/29/2024, 4:06:56 PM 1:564 �. 0 0 0.01 0.01 mi �- -•i City Boundary Parcels Primary Address Point Label - .- ,-I1, 0 -- Address Point 0 0.01 0.01 0.02 km Condos 0 City of Virginia Beach Primary City of Virginia Beach Center for GIS 0 City of VirgiNa Beach i -Da ,.V' B h C v><ginia Beach APPLICANT'S NAME �� �jc�r'c� rY1� DISCLOSURE STATEMENT FORM 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 board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for EDIP Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplaln Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 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. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(Z)weeks prior to any Page i of 7 Planning Commission and city council meeting that pertains to the a lication(s). 0 APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: REVISIONS SUBMITTED DATE: Scanned with CarnScanner N�o )Bi Vnginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. U Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. ho/1-(A) List the Applicant's name: ,� j 1r If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different frqm Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER /S a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Scanned with CamScanner ,.,.� )B Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list If necessary) 1 '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. 2 'Affiliated business entity relationship' means 'a relationship, other than parent-subsidiary relationship, that exists when (1) 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. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item Is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Scanned with CamScanner N,,,,, )B APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets�f needed Accounting and/or preparer of your tax return Architect/ Landscape Architect / Land Planner- Contract Purchaser(if other than El the Aaalicant)- identify purchaser and purchaser's service providers Any other pending or proposed a purchaser of the subject property E2' (identify purchaser(s)and purchaser's service providers) Construction Contractors Engineers / Surveyors/Agents Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition El N( or construction of the property) ri Legal Services Real Estate Brokers / Agents/Realtors for current and El anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES N Does an official or employee of the City of Virginia Beach have Elan interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Scanned with CamScanner F Clnr/ Virginia Beach CERTIFICA I certify thaation contained in this Disclosure Statement Form is complete, tr I understaeceipt of notification that the application has been scheduled g, I am responsible for updating the information provided hs prior to the Planning Commission, Council, VBDA meeting, oy public body or committee in connection with this Application;. : APPUCANTS SIG PRINT NAME DATE Page5of7 Scanned with CamScanner (�y1 OWNER Virginia Beach YES NO SERVICE (-PROVIDER (needed) additional sheets If needed) a Accounting and/or preparer of your tax return Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than the Applicant)- Identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors Engineers/Surveyors/Agents Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO 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? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Scanned with CamScanner V, , B, Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement For]bn complete, true, and accurate. I understand that, upon receipt of notification that the application h scheduled for public hearing, 1 am responsible for updating the info provided herein two weeks prior to the Planning Commission, Counc meeting, or meeting of any public body or committee in connection Application. Oa,, G lu2li S /P OWNER'S SIGNATURE PRINT NAME Page 7 of 7 Scanned with CamScanner 910 Atlantic Ave, ipTH ST 1pTx4'SR a r n. G t� 11 MU 910 Atlantic Ave 1/29/2024, 4:13:40 PM 1:282 rM+� Address Point 0 0 0 0.01 Mi City y Boundary - -1 :__._,__ 0 0 0.01 0.01 km Parcels Primary ®City of Virginia Beach Primary Address Point Label City of Virginia Beach Canter for GIS m City of Virginia Beach I J. r�. r ..x .. JUVAW 7-2D2,4 12:54 Tenth St Virginia Beach APPLICANT'S NAME � tt�r� DISCLOSURE STATEMENT FORM 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 board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Compliance, Special Investment Program Nonconforming Use Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 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. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 Of 7 Planninq Commission and City Council meeting that pertains to the a lication(s). APPLICANT NOTIFIED OF HEARING DATE. NO CHANGES AS OF DATE: REVISIONS SUBMITTED DATE: 5 Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. IAI Check here if the APPLICANT 1S a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Jumpin Shrimp Inc If an LLC, list all member's names: If a CORPORATION, :ist the the names of all officers, directors, members, trustees, etc. belov,: (Attach list if necessary) Varshid Vachhani: President Matthew Sereby: VP Anjana Javia: Secretary Parul Vachhani: Treasurere (B) List the businesses that have a parent-subsidiary I or affiliated business entity Z relationship with the Applicant: (Attach list if necessary) Surfside Resort Inc/ LLC : Landlord See next page for information pertaining to footnotes and Z SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. a Check here if the PROPERTY OWNER /S a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:Surfside Resort LLC/ Inc_______ If an LLC, list the member's names:LLC: Anjana Javia, Neela Patel, Parul Vachhani, Hetal Vachhani Page 2 of 7 Virginia Beacb If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) Inc: Varshid Vachhani: President Anjana Javia: Secretary Neela Patel: VP Hetal Vachhani: Treasurer (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) None I "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 g 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 APPLICANT Virginia Beach YES FO C SERVICE PROVIDER (use additional sheets it needed) Accounting and/or preparer of Corbin&Company your tax return aArchitect/ Landscape Architect/ Cuboid Architecture Land Planner Contract Purchaser(if other than athe Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed f7 purchaser of the subject property (identify purchaser(s)and purchaser's service providers) oConstruction Contractors Engineers /Surveyors/Agents Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / FUI Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO 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? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 p r / ,B- Virginia Beach CERTIFICATION: 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 Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with thi Applicatipn. Varshid Vachhani 03/0/24 APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 OWNED Virginia Beach YES FNO C SERVICE j PROVIDER (use additional sheets�f I needed) (7 Accounting and/or preparer of your to x return aArchitect/ Landscape Architect / Land Planner Contract Purchaser(if other than Al the Apcflicant - identify purchaser and pu•chaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s) and purchaser's service providers) aConstruction Contractors Engineers /Surveyors/Agents Financing (include current Towne Bank a mortgage holders and lenders selected or being considered to provide; financing for acquisition or con!truction of the property) Legal Services Wolcott Rivers Gates Eli Real Estate Brokers / 0 Agent;/Realtors for current and anticipated future sales of the subjec property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does in official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development El zcontir gent on the subject public action? If yes, what is the name A the official or employee and what is the nature of the interest? Page 6 of 7 Virginia Beach CERTIFICATION: 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 Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. Varshid Vachhani 03/05/24 PROPERTY OWN R'S SIGNATURE PRINT NAME DATE Page 7 of 7 1211 Atlantic Ave, Jumpin Shrimp Cafe i3t� s� VA a c +r" 1211 Atlantic Ave i a. r� < 2 L �' 1211 i i 1/29/2024,4:03:58 PM 1:564 ry - 0 01 mi City Boundary Parcels Prima Address Point Label o 0 0.01 0. 0 0.01 0.01 0.02 km Condos Address Point 0Ckyof Virginia Beach Primary City M Virginia Beech Canter for GIS 0 City of Virginia Beach 1 rof k) y i .� 0Or 'VB Virginia Beach APPLICANT'S NAME DISCLOSURE STATEMENT FORM 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 board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program es Chan Exception for (EDiP) g Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 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, SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two (2)weeks prior to any Page 1 Of 7 Planning Commission and City Council meeting that pertains to the a lication(s). ❑ APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: REVISIONS SUBMITTED DATE: �X*y'y.` ._s4��:.� _ ,:�. ✓."r+,a._,k,2a -.,.� �: 2 ,:_ Check here if the APPLICANT IS NOT a corporation, pa irm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. M / (A) List the Applicant's If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) K) /A See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. i (,__� (A) List the Property Owner's name:_ ,� If an LLC, list the member's names: Page 2 of 7 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entityrelationship" means "a relationship, other than P� p, 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. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 APPLICANT Virginia Beach YES FN F SERVICE PROVIDER (use additional sheets if needed) 0 F-1 Accounting and/or preparer of your tax return Architect / Landscape Architect / Land Planner Contract Purchaser (if other than ❑ the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed purchaser of the subject property El [21 (identify purchaser(s) and purchaser's service providers) Construction Contractors Engineers / Surveyors/ Agents Financing (include current ❑ mortgage holders and lenders El selected or being considered to provide financing for acquisition or construction of the property) FLegal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO 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? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Virginia Beach CERTIFICATION: 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 Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. r APPLICANT'S SIGNA URE PRINT NAME D TEI Page 5 of 7 OWNER Virginia Beach YES FNO] I SERVICE PROVIDER (use additional sheets if needed) ❑ ❑ Accounting and/or preparer of your tax return El H Architect / Landscape Architect / Land Planner Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ Elpurchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors Engineers / Surveyors/ Agents Financing (include current ❑ ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / ❑ Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development El ❑ contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Virginia Beach CERTIFICATION: 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, 1 am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. All t 14- PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 910 Atlantic Ave, Scrambled Inc s�z 910 Atlantic Ave" a: "o-2N 9c 1/29/2024, 2:55:44 PM 1:282 r... Address Point 0 0 0 0.01 mi i_..._.,i City Boundary 0 0 0.01 0.01 km Parcels Primary ®City of Virginia Beach Primary Address Point Label City of Vrglnia Beach Center for GIS ®City of Virginia Beach 4 t �♦ r r- ,� h9hia tl APPLICANT'S NAME Gold Key/PHR Food Services, LLC ! I DISCLOSURE STATEMENT FORM 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 board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Compliance, Special Investment Program Nonconforming Use Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning _,6ppeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 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. i i SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning commission and City Council meeting that Dertains to the a lication(s). APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE REVISIONS SUBMITTED DATE' I �n i Lw s71 Did Reseb Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. XD Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:__Gold Key/ Food Services, LLC If an LLC, list all member's names: Trade Name: Tortugas Cafe & Tiki Bar Professional Hospitality Resources, Inc. 100% Membership Interest If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (8) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Professional Hospitality Resources, Inc. Heritage Investments, LLC see next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is dferent from Applicant. Check here If the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ® Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:-Heritage Investments,_LLC --- If an LLC, list the member's Bruce L. Thompson names: Edmund C. Ruffin Page 2 of 7 i ash Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) Professional Hospitality Resources, Inc. k i i "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or Indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2.3101, 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership Interest In the other business entity, (ii) a controlling owner in one entity is also a controlling owner In the other entity, or (III) there is shared management or control between the business entities. Factors that should be considered In determining the existence of an affiliated business entity relationship Include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there Is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business o erating or to be operated on the Property. If the answer to any item Is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY i Page 3 of 7 YVA APPLICANT WBeach FY FNol F SERVICE PROVIDER(use additional sheet f needed) ElAccounting and/or preparer of 1 your tax return i ❑ a Architect/ Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than ❑ the ADolicant)- Identify purchaser and purchaser's service providers Any other pending or proposed Elpurchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ X❑ Construction Contractors ❑ ® Engineers /Surveyors/Agents Financing (include current mortgage holders and lenders ❑ KI selected or being considered to provide financing for acquisition or construction of the property) ❑ a Legal Services Real Estate Brokers / ❑ Agents/Realtors for current and anticipated future sales of the sub ect property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR I EMPLOYEE i YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development El El l contingent on the subject public action? if yes, what is the name of the official or employee and what is the nature of the j interest? i i -`� Page 4 of 7 � TV ♦1rg141A Beach CERTIFICATION: 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 Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. dRobert M.Howard,Chief Investment Officer 3� A IGNATUR PRINT NAME DATE Gold Ke /PHR Food Services, LLC n Page 5 of 7 .. .i 7; ei OWNER VIrginia Beach YES NO SERVICE PROVIDER(use additional sheets If needed ❑ Accounting and/or preparer of your tax return Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than x� the Aoolicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) X❑ Construction Contractors aEngineers/Surveyors/Agents Financing (include current El ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) aLegal Services Real Estate BrokersEl Fx� / Agents/Realtors for current and anticipated future sales of the subject pro ert i SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR E EMPLOYEE i YES NO Does an official or employee of the City of Virginia Beach have ❑ ❑ an interest in the subject land or any proposed development X contingent on the subject public action? if yes, what is the name of the official or employee and what is the nature of the I interest? Page 6 of 7 r FURTIFICATION:ATION: at all of the information contained in this Disclosure Statement Form is true, and accurate. and that, upon receipt of notification that the application has been for public hearing, I am responsible for updating the information herein two weeks prior to the Planning Commission, Council, VBDA or meeting of any public body or committee in connection with this Application. -<, C I� Robert M.Howard,Chief Investment Officer 3--5: t PROPERTY OWNER'S SIGNATURO PRINT NAME DATE Heritage Investments, LLC Page 7 of 7 3400 Atlantic Ave, Tortugas Cafe 3101 201A 3401.603A 3401-1 3400 Atlantic Ave a a. H n. 34 'H ST x 3316 3316-106 1/2912024,4:40:13 PM 1:564 0 0 0.01 0.01 mi -•.-.•� City Boundary Address Point Non-Primary Address Point Label - —� - - - -:--,- --- Prima 0 0.01 0.01 0.02 km Condos Primary Primary Address Point Label 0 City of Virginia Beach Parcels Non-Primary City of Virginia Beach Center for GIS m CBy of Virginia Beach TX wmk-NeAil, d 'f 11 �I -r —Re At XiA x `! K V b a r i r � � .mom• 7$ 5 µ d �� ♦ �. V✓ i d 40 N�kv N . K Virginia Beach � t APPLICANT'S NAME Dunes Investment Associates, LLC AIM*- s-t-h'fto" 10 i DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications i 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 board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) g Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to Inform j public officials who may vote on the application as to whether they have a conflict of Interest under Virginia law, SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All di5CIO5Ures must be updated two(2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the a lication(s). �] APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: REVISIONS SUBMITTED DATE: Virginia Beach ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Dunes Investment Associates, LI If an LLC, list all member's names: Lyons Family Asset Protection Trust, Octo, Inc. Thomas J. Lyons, Jr. Rev.Trust,Timothy J. Stiffler, Marcus B. Lewis, Fred R. & Patricia C. Russell If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Coastal Hospitality Associates, LLC (Management Company) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:_________________________________ If an LLC, list the member's names: Page 2 of 7 i Virginia Beach i i If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) I "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or j 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. i 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, (11) 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, j Va. Code § 2.2-3101. I SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE ' OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 i t a s i Bv- E,.. APPLICANT Virginia Beach FYES NO SERVICE —� PROVIDER (use additional sheets if needed) a Accounting and/or preparer of BDO Norfolk,Virginia your tax return nXArchitect/ Landscape Architect/ WPL,&Saunders&Crouse. PC Land Planner ❑ Contract Purchaser(if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ purchaser of the subject property (identify purchaser(s) and I purchaser's service providers) aConstruction Contractors Hoy Construction, Inc.Norfolk,VA aEngineers /Surveyors/Agents MSA Virginia Beach,VA Financing (include current Towne Bank Norfolk ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Kaufman&Canoles. PLC. Norfolk,VA Real Estate Brokers / nX Agents/Realtors for current and l anticipated future sales of the subject property I SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO 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? If yes, what is the name of the official or employee and what is the nature of the interest? i Page 4 of 7 i j Virginia Beach u s CERTIFICATION: 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 Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. 6Z.O.- 1Aj- ,,,_,r Christopher W. Brown 03/05/202 APPLICANT'S SIGNATURE PRINT NAME DATE I I i Page 5 of 7 i 1 3 i OWNER Virginia Beach FY ES] [NO] SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of BDO Norfolk,Virginia your tax return aArchitect/ Landscape Architect/ WPL Virginia Beach,VA Land Planner Saunders&Crouse a ❑ Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed a purchaser of the subject property (identify purchaser(s)and i purchaser's service providers) Al Construction Contractors Hoy Construction, Inc. Norfolk,VA Engineers/ Surveyors/Agents MSA-Virginia Beach,VA Financing (include current Towne Bank Norfolk ❑ mortgage holders and lenders Psi selected or being considered to provide financing for acquisition or construction of the property) Legal Services Kaurman&Caonoles PLC Norfolk,VA �1 Real Estate Brokers / ® Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO 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? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Virginia Beach CERTIFICATION: 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 Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. Christopher W. Brown 03/05/202 PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 901 Atlantic Ave, Station 10 Cafe i011 � 80tn 5*rc:�ef Ekcf i0N � 901 Atlantic Ave e� n, 10-vo SZ 1/29/2024, 4:26:06 PM 1:564 0 0 0.01 0.01 mi City Boundary Parcels Primary Address Point Label !.. I . 1 1, 0 1 0 0.01 0.01 0.02 km Condos Address Point *City ofviroiniaBeach Primary City of Virginia Beach Center for GIS O City of Virginia Beach i \ gyp. j ti y'yg r . _.. .�,. rma�" ,., fir.,;, •� a �r 1 /5/2024 12 :53 Tenth St ... s Virginia Beach J. BID SUMMARY ' 1. MANAGEMENT OF CITY PROPERTY 2044 Landstown Centre Way/Sportsplex and Field Hockey Center. K. FORMAL SESSION AGENDA 1. CONSENT AGENDA L. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND City Code Section 2-3-1 pertaining to the Attendance Policy and AMEND the Final Report to City Council of the Citizens Committee on Boards and Commissions re Boards and Commissions 2. Resolution to AMEND Student Members re Flood Prevention Bond Referendum Oversight Board(Requested by City Council) 3. Resolution to ESTABLISH a Stormwater Management Implementation Advisory Group (Requested by Mayor Dyer and Council Member Schulman) 4. Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE a Mutual Aid Agreement re Fire and Rescue Services among localities in Hampton Roads 5. Ordinance to DECLARE 9,833f square feet of City-owned property at Ferry Point Road to be in Excess of the City's Needs and AUTHORIZE the City Manager to convey to Meader Properties,LLC DISTRICT 7 6. Ordinance to AUTHORIZE temporary encroachments into the City-owned drainage, Maintenance and variable width impoundment easement at the rear of 5945 Glen View Drive re maintain existing fence and construct and maintain rip rap revetment DISTRICT 7 7. Ordinance to AUTHORIZE temporary encroachments into the City-owned property known as Starboard Canal and Island Lake at the rear of 2428 Windward Shore Drive re construct and maintain a revetment encroaching variable distances, a timber pier, floating dock with aluminum gangway and a covered boat lift DISTRICT 8 8. Ordinance to AUTHORIZE temporary encroachment into the City-owned property known as Treasure Canal at the rear of 2204 Windward Shore Drive re maintain an existing bulkhead,construct and maintain a timber bulkhead with a return wall,sand backfill, and topsoil/turfgrass, timber open pile wharf, timber pile overhead beam boatlift and boatlift electrical cable DISTRICT 8 9. Ordinance to AUTHORIZE temporary encroachment into the City-owned property known as Chesapeake Bay at the rear of 2810 Ocean Shore Avenue re maintain existing wood steps with metal rails,moveable wood platform and wood retaining wall and construct and maintain a wood fence/retaining wall DISTRICT 8 10. Ordinance to ACCEPT and APPROPRIATE $290,000 from Dominion Energy Virginia for Section 106 Mitigation of Adverse Visual Effects to the FY 2023-24 Planning and Community Development Operating Budget re Coastal Virginia Offshore Wind Commercial Project/historic preservation program priorities 11. Ordinance to ACCEPT and APPROPRIATE $19,446 from the Virginia Department of Criminal Justice Services to the FY 2023-24 Human Services Operating Budget re salary increases in Community Corrections and Pretrial Services u' � CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend City Code Section 2-3.1 Pertaining to the Attendance Policy for Board and Commission Members MEETING DATE: March 5, 2024 ■ Background: The City Council previously adopted the Final Report to City Council of the Citizens Committee on Boards and Commissions. Among other things, the report provides that if a member of an appointive agency accumulates three or more unexcused absences in a calendar year, then the member will be removed. City Code § 2-3.1, however, prohibits a member from accumulating more than three unexcused absences. This inconsistency needs to be resolved. Additionally, both the City Code and the report currently provide for a member's removal if the member is absent from more than one-fourth of the meetings held in a calendar year (unless the absence is excused as detailed in the Code and the report). For the small number of boards that meet four or less times per year, the one-fourth threshold provides for removal of a member who may have missed only one or two meetings during a year. ■ Considerations: This ordinance amends the City Code to exclude boards that meet four or less times per calendar year from the prohibition against accumulating unexcused absences in excess of one-fourth of the meetings held in a calendar year. The ordinance also revises the Final Report by including the same exception for boards that meet four or less times per year, and it revises the report's text on page 17 to be consistent with the City Code's threshold of more than three unexcused absences. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Ordinance; Revised Final Report to City Council of the Citizens Committee on Boards and Commissions Recommended Action: Approval Submitting Department/Agency: City Clerk City Manager: 1 AN ORDINANCE (1) TO AMEND CITY CODE 2 SECTION 2-3.1 PERTAINING TO THE 3 ATTENDANCE POLICY FOR BOARD AND 4 COMMISSION MEMBERS; AND (2) TO AMEND THE 5 FINAL REPORT TO CITY COUNCIL OF THE 6 CITIZENS COMMITTEE ON BOARDS AND 7 COMMISSIONS 8 9 SECTION AMENDED: § 2-3.1 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA: 12 That Section 2-3.1 of the Code of the City of Virginia Beach, Virginia, is hereby 13 amended and reordained to read as follows: 14 Sec. 2-3.1. Boards and commissions generally. 15 (a) Except as otherwise provided by law, attendance records shall be kept at each 16 meeting of every board and commission of the city, or other council-appointed 17 agency, which records shall be provided to the city council through the city clerk's 18 office at least forty-five (45) days prior to the scheduled term expiration date for the 19 members of each such board, commission or agency. No member of any such board, 20 commission or agency shall accumulate an annual total of more than three (3) 21 absences, or, for boards that meet more than four time per calendar year, be absent 22 from more than one-fourth of the total number of meetings held by such board, 23 commission or agency within a given calendar year, for reasons other than personal 24 illness, the illness or death of a relative, or other circumstances beyond the member's 25 control. If this limitation is exceeded, the chairperson of such board, commission or 26 agency shall forthwith report to the city clerk the name of the member whose 27 unexcused absences exceed the number allowed herein. The city clerk shall then 28 notify such member in writing, with a copy of such notification to the members of the 29 city council, that due to unexcused absences in excess of the number allowed herein, 30 his or her term of membership on the board, commission or agency has terminated. 31 (b) Notwithstanding the provisions of subsection (a), and except as otherwise provided 32 by law, all members of boards and commissions of the city, and other council- 33 appointed agencies, shall serve at the pleasure of the city council. 34 35 BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF 36 VIRGINIA BEACH, VIRGINIA: 37 That the Final Report to City Council of the Citizens Committee on Boards and 38 Commissions, which the City Council accepted on December 6, 2022, is hereby amended 39 to be consistent with the attendance requirements of City Code § 2-3.1, as set forth on 40 page 17 of the attached revised version of the report. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2024. APPROVED AS T C .PATENT: APPROVED AS TO LEGAL SUFFICIENCY: C14 rk City Attorney's Offic CA16396 R-2 February 28, 2024 City of Virginia Beach Final Reportto CityCouncil CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 2024 Revised Version Final Report- June 3, 2022 (revised 3/5/24) EXECUTIVE SUMMARY Dear Mayor Dyer, Vice Mayor Wilson, and Members of City Council, In 2003 City Council appointed the first Citizens Committee on Boards and Commissions. That Committee made recommendations regarding all aspects of the City's Boards and Commissions, which Council adopted. In the nearly twenty years since, the City has taken great steps to implement many of those recommendations, but some were either not implemented or not uniformly enforced, new challenges arose, and the evolution of technology has significantly changed expectations and opportunities. On November 19, 2019, City Council adopted the Resolution to "Re-establish the Citizens Committee on Boards and Commissions." Our Committee was tasked with identifying potential improvements to the appointment process and best practices for board operations and staffing, and advising City Council on these matters. Our assigned scope of work was limited to organizations with members appointed by City Council; Mayor's Commissions and committees convened by others were not addressed. Following an extensive review process beginning in November 2020 and culminating in May 2022, we respectfully provide the enclosed report and recommendations for City Council's consideration. We have also developed and included nine Exhibits containing forms and tools to accelerate implementation, rather than leaving that work to be performed later by City staff. In developing these recommendations, our Committee met 29 times and logged over 500 volunteer hours. As a starting point, at our very first meeting the Committee was presented with a list of nearly 60 topics and questions compiled by the City Clerk's Office for evaluation. The Committee reviewed an extensive array of materials, including recommendations from the predecessor Committee, current City Ordinances, information from the City Clerk's website, print materials used to market opportunities on Boards and Commissions, and individual agency digital platforms. We examined procedures and materials from nearly 100 other localities from our neighboring localities in Hampton Roads to cities big and small all over the United States. In addition, we conducted two surveys: one among the chairs of the Boards and Commissions and one among the staff liaisons. Committee members also applied their extensive experience gathered from serving on numerous City Boards and Commissions. Our Committee's work was not without its challenges. The COVID-19 pandemic delayed our first meeting by eight months and prolonged our efforts with virtual meetings and occasional cancellations. In addition, like many other City Boards and Commissions we were not immune to quorum and attendance issues. Indeed, our Committee started with eleven members and now concludes with seven members. The Court's Redistricting ruling also impacted the work of the Committee, causing us to re-examine some of our recommendations. Ultimately though, these challenges proved to be integral to many of our recommendations as they highlighted areas where City processes should be improved. Moreover, they suggested to us that consistent re-evaluation through a standing committee would be beneficial to the City and avoid recurrence of implementation problems the prior committee's work experienced. During the course of our work the Committee also achieved a number of beneficial outcomes that have already impacted Boards and Commissions in the City. We assisted the Clerk's office CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 1 Final Report- June 3, 2022 (revised 3/5/24) in revising the Boards and Commissions Pamphlet and revising the City website. We drafted and tested many proposed forms and procedures, including within our own Committee's operations. We efficiently engaged the City Attorney's Office to evaluate and assist with resolving policy concerns that have since been applied to multiple agencies. We also encouraged the addition of student members on Boards and Commissions and have seen several such opportunities added. Additionally, we significantly increased knowledge and best practices among staff, staff liaisons, and Board and Commission chairs. Ultimately, the Committee identified three primary areas ripe for important improvements: 1. Public Engagement 2. Efficiency of Operation 3. Mission Fulfillment / Effectiveness We believe the enclosed recommendations present significant opportunities for improving these three critical concerns. As you can imagine, after nearly two years of work, these recommendations were subjected to significant discussion and review wherein we weighed public interest, administrative simplicity, and sustainability. Our key recommendations include: • Implementing software and new technologies to streamline many processes; • Developing and providing simple, standard training for appointees and staff liaisons; • Revamping attendance and quorum policies and providing for enforcement; • Implementing easier and more effective Annual Report and work product methods, and • Standardizing operating procedures. Finally, we would be remiss not to recognize the work of the individual members of the Committee, Council Members Berlucchi and Henley who served as Council Liaisons and the staff liaisons who provided expertise and wisdom throughout the process: Appointed Committee Members: Staff Liaisons: James B. (Jimmy) Wood, Chairman Amanda Barnes, City Clerk Walter T. Camp, Vice Chairman Terri Chelius, Chief Deputy City Clerk Lawrence (Larry) Dotolo Roderick Ingram, Deputy City Attorney Douglas (Doug) McLiverty Neva White, Chief Strategy Officer Bernice Pope Melissa Zibutis, Asst. to the City Manager Stacey Shiflet Mary Katherine Zimmerman, Volunteer Sylvia Nery-Strickland Resources Administrative Technician Without question, this process highlighted how many wonderful volunteers our city is fortunate to have and how lucky we are to have such a dedicated, efficient, and productive professional staff. Our recommendations should make their efforts easier and more effective. We look forward to the opportunity to brief you on our work and recommendations. Respectfully submitted, James B. (Jimmy) Wood Walter T. Camp Chairman Vice Chairman CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 1 2 Final Report- June 3, 2022 (revised 3/5/24) CONTENTS MISSIONSTATEMENT..................................................................................................................5 GENERAL RECOMMENDATIONS................................................................................................7 RECRUITINGAND MARKETING ..................................................................................................7 SOCIALMEDIA POLICY..............................................................................................................9 YOUTHINVOLVEMENT..............................................................................................................10 PROSPECTIVEAPPOINTEES.......................................................................................................10 TALENTBANK APPLICATION ....................................................................................................10 CONFLICT OF INTEREST REQUIREMENTS..................................................................................11 BACKGROUND CHECK / BADGE ACCESS..............................................................................11 PRE-APPOINTMENT INTERVIEWS AND RECOMMENDATIONS.................................................11 TRAININGPROGRAMS.............................................................................................................12 ATTENDANCE............................................................................................................................14 EXPIRATION OF TERM / REAPPOINTMENTS..............................................................................14 APPOINTMENTS HELD BY VIRTUE OF POSITION.......................................................................16 CIRCUMSTANCES TO REMOVE AN APPOINTEE ......................................................................16 Failure to Take Oath of Office (Lapse of Appointment).............................................16 ExcessiveAbsences......................................................................................................17 Failure to File Financial Disclosure Form .....................................................................17 OtherCircumstances....................................................................................................18 CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 1 3 Final Report- June 3, 2022 (revised 3/5/24) RECOGNITION..........................................................................................................................19 COUNCILLIAISONS..................................................................................................................19 STAFFLIAISONS ........................................................................................................................20 ANNUALREPORTS.....................................................................................................................21 APPOINTIVE AGENCY MISSION, ESTABLISHMENT AND SUNSETTING.....................................22 TERMS OF OFFICE FOR ALL APPOINTIVE AGENCIES...............................................................23 BYLAWS.....................................................................................................................................23 MEETING REQUIREMENTS.........................................................................................................24 IMPLEMENTATION.....................................................................................................................25 EXHIBIT A -TALENT BANK APPLICATION.................................................................................26 EXHIBIT B -STUDENT TALENT BANK APPLICATION..................................................................31 EXHIBIT C -TRAINING MODULES FOR APPOINTEES................................................................36 EXHIBIT D -TRAINING MODULES FOR STAFF LIAISONS ..........................................................37 EXHIBIT E -ATTENDANCE TEMPLATE........................................................................................39 EXHIBIT F - REAPPOINTMENT REQUEST....................................................................................40 EXHIBIT G - ANNUAL REPORT TEMPLATE .................................................................................42 EXHIBIT H - BYLAWS TEMPLATE................................................................................................44 EXHIBIT I -MEETING MINUTES TEMPLATE.................................................................................46 CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 1 4 Final Report- June 3, 2022 (revised 3/5/24) MISSION STATEMENT s; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Reestablish the Citizens Committee on Boards and Commissions MEETING DATE: November 19, 2019 ■ Background: The City has been well-served by the hundreds of citizen volunteers who comprise the City's boards, commissions, committees, authorities, councils and other advisory bodies. In 2003, a City Council-appointed Citizens Committee on Boards and Commissions made recommendations regarding all aspects of the City's boards and commissions. Since then, most of the recommendations have been implemented, but the boards and commissions could benefit from a fresh look aimed at identifying potential improvements to the appointment process and best practices for board operations and staffing. ■ Considerations: The committee shall serve in an advisory capacity to the City Council, and the City Council shall appoint its members. The Committee shall consist of up to eleven members and should include residents who have served on a City board or commission, including a designee of the Process Improvement Steering Committee. Staff support shall be provided by the City Clerk's Office, the Office of Volunteer Resources, the STiR Office, and the City Attorney's Office. ■ Public Information: Via the normal Council agenda process. ■ Attachments: Resolution. Requested by Mayor Dyer CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 5 Final Report - June 3, 2022 (revised 3/5/24) REQUESTED BY MAYOR DYER 1 A RESOLUTION TO REESTABLISH THE 2 CITIZENS COMMITTEE ON BOARDS AND 3 COMMISSIONS 4 5 WHEREAS, the City has been well-served by the hundreds of citizen volunteers 6 who comprise the City's boards, commissions, committees, authorities, councils and 7 other advisory bodies; 8 9 WHEREAS, in 2003, a City Council-appointed Citizens Committee on Boards and 10 Commissions made recommendations regarding all aspects of the City's boards and 11 commissions. Since then, most of the recommendations have been implemented, but 12 the boards and commissions could benefit from a fresh look aimed at identifying potential 13 improvements to the appointment process and best practices for board operations and 14 staffing; 15 16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 17 OF VIRGINIA BEACH, VIRGINIA, THAT: 18 19 1. The City Council hereby reestablishes the Citizens Committee on Boards 20 and Commissions. 21 22 2. The committee shall serve in an advisory capacity to the City Council, and 23 the City Council shall appoint its members. 24 25 3. The Committee shall consist of up to eleven members and should include 26 residents who have served on a City board or commission, including a designee of the 27 Process Improvement Steering Committee. 28 29 4. Staff support shall be provided by the City Clerk's Office, the Office of 30 Volunteer Resources, the STIR Office, and the City Attorney's Office. 31 32 33 Adopted by the City Council of the City of Virginia Beach, Virginia on the 19 t h 34 dayof November 2019. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: it I r 's ice City Attorney's Office CA14929 R-1 November 8, 2019 CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 6 Final Report- June 3, 2022 (revised 3/5/24) GENERAL RECOMMENDATIONS 1. City Council should reaffirm that citizen input and participation with local government are critical to quality of life and to ensure Virginia Beach as a "Community for a Lifetime." 2. City Council and City Staff should stress the vital role of Appointive Agencies' in making certain that the voices of citizens are heard. 3. As many other localities its size have already done, the City of Virginia Beach should implement Appointive Agency software to significantly increase public engagement, efficiency, and agency effectiveness while reducing administrative burden. 4. To increase public engagement significantly, to allow more choices of meeting places and times, and to reduce staff burden the City should better equip more rooms to easily and effectively accommodate hybrid meetings of Appointive Agencies involving both in-person and remote participation. Such facilities would also benefit City agencies and staff. 5. Future legislative agendas of the City of Virginia Beach should continue to seek greater opportunities for local advisory Appointive Agencies and their individual appointees to participate in meetings remotely. This recommendation does not extend to Appointive Agencies that are quasi-judicial or grant-making in nature, that render decisions on property rights, or to independent or regional agencies. RECRUITING AND MARKETING 1. City Council and City Staff shall make citizens aware of opportunities to serve on Appointive Agencies. 2. Membership on each Appointive Agency should reflect the geographic, gender, age, ethnic, and occupational diversity of the City. City Council should reaffirm a commitment to appoint Virginia Beach residents, except those appointed by virtue of their position, to the Appointive Agencies. 3. City Council should place an emphasis on public information outreach to inform the public and build interest in serving on Appointive Agencies. 1 Please note,we have chosen to utilize the term"Appointive Agencies"throughout these recommendations in lieu of "Boards and Commissions," "Committees,""Authorities," "Councils,""Panels," '?ask Forces,"and other terms presently in use for organizations with one or more citizen-members appointed by the Virginia Beach City Council. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 1 7 Final Report- June 3, 2022 (revised 3/5/24) 4. City Council shall direct the necessary stakeholders to develop and implement a public relations campaign to enhance participation and membership within the City of Virginia Beach Appointive Agencies. 5. The City Clerk shall work with the Communications Office to identify modern media and communication outlets to utilize for advertising volunteer opportunities with the City's Appointive Agencies. a. The City Clerk shall periodically meet with the Communications Office to ensure the most current modern media and communication outlets are being effectively utilized. b. As needed, the City Clerk shall utilize the Communications Office to advertise specific hard-to-fill Appointive Agency positions (e.g., those requiring specific educational backgrounds or specific licensure). 6. The City Clerk shall continue to maintain its Appointive Agencies pamphlet in hard copy. The City Clerk will also work to maintain an electronic version of the Appointive Agencies pamphlet easily accessible by the public. a. Every City office with a public-facing desk should be provided with copies of the Appointive Agencies pamphlet including Libraries and Recreation Centers (or another document directing the public to the electronic version of the pamphlet). b. Each year the City Clerk shall identify community organizations that may have members interested in serving on Appointive Agencies and ensure that these organizations are provided with the Appointive Agencies pamphlet. c. Each year the City Clerk shall identify under-represented communities' organizations that may have members interested in serving on Appointive Agencies and ensure that these organizations are provided with the Appointive Agencies pamphlet. d. The City Clerk shall ensure the Appointive Agencies pamphlets are made available to each member of City Council, so that City Council members may continue recruiting efforts at their community meetings and events. 7. The City's website should be enhanced to create a more vibrant, accessible, and informative "landing spot" for information on Appointive Agencies. a. This should include at a minimum: i. A full listing of all Appointive Agencies. ii. Links to the individual webpages and other digital platforms for each specific Appointive Agency. 1 . The staff liaison for each Appointive Agency should maintain a current membership listing with appointed terms on their individual webpage including information on the meeting schedule and frequency. iii. Vacancies for each Appointive Agency. 1. The number of vacancies, including Student positions, should be listed at the beginning of each calendar year based on the number of open seats on each Appointive Agency, as CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 8 Final Report- June 3, 2022 (revised 3/5/24) well as the number of seats not specifically vacant, but whose term expires during that calendar year. iv. Adult and Student Talent Bank Application forms with online submittal capability, as described later in this report. v. Training materials described later in this report, enabling prospective applicants to become better prepared for service and providing convenient centralized access for current appointees. b. Adoption of Appointive Agency software would facilitate more efficient and standardized implementation of this recommendation and enable enhancements beyond the minimum, increasing public engagement. SOCIAL MEDIA POLICY 1. Appointive Agencies should be encouraged to use existing departmental and City platforms for reaching the public rather than establishing new platforms. 2. Appointive Agencies should annually evaluate the utilization, effectiveness, and resources required to maintain social media platforms and make appropriate changes to ensure efficiency. 3. Staff liaisons shall report all existing Appointive Agency social media platforms to the offices of the City Attorney and City Clerk. a. This recommendation is made at the request of the City Attorney's Office, which identified having a centralized registry of such sites as a best practice. 4. The City Clerk's webpage should include links to all Appointive Agency digital platforms. 5. Social media platforms for Appointive Agencies should be registered to the City of Virginia Beach following City procedures, and not be registered to private individuals. 6. Departments supporting Appointive Agencies should post social media content, which may be supplied by appointees, on their behalf. 7. Social media posts for Appointive Agencies should provide information, align with the agency's mission, and inform the public of meetings, events, and service opportunities. 8. The Commission's training recommendations include providing guidance for appointees on personal social media posts related to their City position. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 9 Final Report- June 3, 2022 (revised 3/5/24) YOUTH INVOLVEMENT 1. Appointive Agencies should be encouraged to identify and create opportunities for student involvement designed to support the agency's mission. This may include both formal participation on the Appointive Agency or informal participation on sub- committees, events, programs, etc. a. In the event an Appointive Agency seeks formal student involvement on the Appointive Agency, then the membership status of the student members (e.g., voting member or non-voting member, term of office, etc.) should be decided by City Council on a case-by-case basis based on input from the requesting Appointive Agency. 2. The City Clerk shall ensure information regarding opportunities for student/youth involvement with the Appointive Agencies is maintained on the City's website. 3. The City Clerk shall work with local schools, including private schools, home school organizations, and the Virginia Beach City Public Schools, to provide information on opportunities for student/youth involvement and Student Talent Bank Applications to these groups. PROSPECTIVE APPOINTEES 1. Prospective appointees should be encouraged to: a. Attend Appointive Agency meetings to learn about the group's mission and operations; b. Engage with the Appointive Agency by participating in its events and programs; c. Consider any opportunities to support the Appointive Agency's mission through Volunteer Office programs; and d. Prepare themselves for service by taking the online training proposed herein. TALENT BANK APPLICATION 1. The City Clerk shall implement the standard Talent Bank Application and Student Talent Bank Application attached to these recommendations. Please find the proposed Talent Bank Application attached as Exhibit A and the proposed Student Talent Bank Application attached as Exhibit B. 2. The City should explore the utilization of a software-driven online system for collecting applications to serve on Appointive Agencies, increasing efficiency and enabling greater reporting capabilities. a. In the interim, the City Clerk should implement a method to submit the Talent Bank Application electronically. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 1 10 Final Report- June 3, 2022 (revised 3/5/24) 3. There should be no limit on the number of Appointive Agencies on which an individual can serve. Council should consider concurrent appointments, but they should not be the final decision criterion. A list of all Appointive Agencies on which a nominee currently serves should be provided to the Council before a new appointment or re-appointment is made. This is also incorporated into the (re)appointment application and request forms. CONFLICT OF INTEREST REQUIREMENTS 1. All appointees shall comply with state laws related to conflict of interest filing if the Appointive Agency on which they serve is subject to such requirements under state law. 2. All members of Appointive Agencies shall be required to acknowledge "The Principles of Service" statement, which is incorporated into the Talent Bank Application, Student Talent Bank Application, and Reappointment Request Form (see Exhibits A, B and F). BACKGROUND CHECK / BADGE ACCESS 1. In general, no background check should be required to serve on Appointive Agencies, except as specifically required by City Council, state law, or another governing authority. 2. Appointive Agencies should advise City Council of new circumstances that may warrant re-evaluation of specific background check requirements. 3. Appropriate access privileges for members of Appointive Agencies should be determined by professionals responsible for the security and safety of municipal facilities, rather than by a general ordinance. a. Those currently holding access badges should continue until otherwise determined by City security and safety authorities. b. Those desiring additional access privileges should make a request to the City Council liaison for evaluation by City security and safety authorities. PRE-APPOINTMENT INTERVIEWS AND RECOMMENDATIONS 1. City Council shall decide whether pre-appointment interviews are a requirement for each Appointive Agency on an individualized basis. Ultimate authority to make appointments does and should continue to rest with City Council. a. City Council may delegate authority to interview applicants for appointment to an Appointive Agency to the specific Appointive Agency. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 1 11 Final Report- June 3, 2022 (revised 3/5/24) 2. If provided for by law or ordinance or with the consent of the appropriate City Council liaison, an Appointive Agency may conduct interviews to make recommendations for appointment to the Appointive Agency. a. Interviews shall comply with applicable public meeting laws. b. The Appointive Agency should seek guidance in advance from the City Attorney's Office on appropriate procedures for conducting interviews. 3. If an Appointive Agency, through its chair, wishes to make recommendations for appointment, the City Clerk may be consulted regarding interested applicants and for review of talent bank applications in the City Clerk's office. a. The City Clerk may provide the chair with basic contact information for applicants to the Appointive Agency, but shall not distribute talent bank applications, unless otherwise provided for by ordinance. b. Recommendations for appointment should be sent by the chair to the Appointive Agency's City Council liaison, or to the Vice Mayor if no liaison exists, with a copy to the City Clerk. 4. Changes in applicants' status. a. Talent Bank applicants shall be responsible for updating their applications, particularly with regard to changes in residency, criteria required for appointment such as current licensure, and ongoing availability/interest in appointment. b. Prior to appointment, and especially for Talent Bank applications on file for more than one year, efforts should be made either by the Clerk's Office, Appointive Agency chair, or staff liaison as appropriate, to contact the prospective appointee for confirmation of residency, required criteria, and ongoing availability/interest. TRAINING PROGRAMS 1. Create Training Programs for Appointive Agency Members and Staff Liaisons a. Take greater advantage of technology b. Simplify training into topic modules rather than a single, long course i. Easier for trainees to complete as time allows ii. Easier for the City to update portions as needed c. Enable training to be delivered online, preferably at a self-directed pace d. Reduce key training points into corresponding Training Handbooks (digital) e. Create a short introductory video from Mayor, Vice Mayor and/or City Manager f. Review training topics bi-annually and modify as the City's needs evolve g. To avoid burdensome administrative work, standard software (which the City may already use or which may be part of a municipal Appointive Agency package) should be considered to track training completion. 2. Appointive Agency Member Training a. Four short modules, shown on Exhibit C, are suggested for initial training program b. Timing of Training CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 1 12 Final Report- June 3, 2022 (revised 3/5/24) i. Until training tracking software is implemented, new Appointive Agency appointees should make reasonable efforts to take training prior to, or within 30 days after, appointment. ii. Current Appointive Agency appointees should make reasonable efforts to take training prior to, or within 30 days after, re-appointment. iii. Opportunities and encouragement should also be offered for current appointees to take training as it becomes available, rather than waiting until reappointment nears. iv. These recommendations should be revisited when automated tracking solutions become available, or during the bi-annual training program review noted above. c. Retraining or Supplemental Training i. To be considered as new matters arise (e.g., adoption of new laws, ordinances, policies, or circumstances such as COVID) ii. May be utilized as part of solutions for resolving appointee issues d. Make training available digitally to the general public via website delivery i. Talent Bank applicants may take early & note as a "Plus" factor ii. Promote civic knowledge & engagement, including potential use by students e. Information specific to the appointee's Appointive Agency should be provided soon after the chair and staff liaison are notified of the appointment. This orientation shall include times and places of meetings, ongoing projects, special events, operating procedures, and all related ordinances and resolutions. 3. Staff Liaison Training a. Topics shown on Exhibit D are suggested for initial training program b. Topics were determined in part from needs identified during surveys of Virginia Beach Appointive Agency staff liaisons c. Staff liaison training should include Appointive Agency Member Training modules i. To reduce creation of redundant materials ii. To better enable staff liaisons to reinforce Appointive Agency Member Training d. Timing of Training i. Equipping staff liaisons with uniform administrative tools and training will greatly facilitate successful Appointive Agency operations ii. Training should be implemented as a priority for all existing & new staff liaisons e. Periodic refresher training in group setting of existing liaisons should be conducted in coordination with the City Clerk, City Attorney and Office of Volunteer Resources to: i. Raise awareness of best practices and methods for resolving common challenges ii. Identify issues to leadership CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 1 13 Final Report- June 3, 2022 (revised 3/5/24) ATTENDANCE 1. To fulfill their duties, the City's Appointive Agencies rely upon the active participation of appointees. The chair of each Appointive Agency shall encourage attendance and enforce the City's Appointive Agency attendance policies. 2. Attendance at each Appointive Agency meeting shall be recorded in the Minutes. 3. The chair and staff liaison shall classify attendance according to the City's attendance policies. 4. When technology permits, meeting attendance should be promptly uploaded online by the staff liaison so the Clerk's office will have continuous access to current information. 5. Until technology allows ongoing reporting online, staff liaisons shall maintain a standard Appointive Agency Attendance Report (see Exhibit E) and promptly provide it to the chair, City Clerk, or Council liaison upon request. This Report should be provided to the City Clerk promptly after the last meeting of the calendar year, and it should also be included in the Appointive Agency's Annual Report. 6. City Council should consider attendance records when making (re)appointments. EXPIRATION OF TERM / REAPPOINTMENTS 1. The staff liaison shall give 90 days advance notice to any member of an Appointive Agency whose term is expiring. a. The staff liaison shall notify the member of their term expiration in writing (until technology permits a more streamlined process), including the Reappointment Request Form (see Exhibit F), with a copy to the chair and City Council liaison. The staff liaison shall inquire as to whether the member is interested in continuing their service with the appointive agency for an additional appointment period. The staff liaison shall also instruct the appointee to return the Reappointment Request Form at least 60 days in advance of their term's expiration. b. The chair of such Appointive Agency should also communicate with the member to determine the member's interest in continuing to serve on the Appointive Agency. c. The member should provide notice to the City Clerk as soon as possible (and at least 60 days in advance of the expiration of their term) regarding their desire to be re-appointed, utilizing the Reappointment Request form attached as Exhibit F. d. If a member eligible for reappointment does not timely return the Reappointment Request form, then the City Clerk should provide that information to Council for their consideration in the reappointment process. While it would be helpful to have the form returned, a failure to do so should not disqualify an individual from reappointment. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 1 14 Final Report- June 3, 2022 (revised 3/5/24) 2. The staff liaison shall provide the City Clerk and City Council liaison with all measurable information and data related to members who are up for reappointment, including attendance and other concurrent appointments. 3. The chair of an Appointive Agency may provide recommendations to the City Council liaison, or to the Vice Mayor if no liaison exists or is available, and to the City Clerk for appointments and reappointments to the Appointive Agency. The City Clerk will provide any recommendations made by the chair to City Council for the Council's consideration. 4. The City Clerk should provide City Council with a list of the various Appointive Agency members whose terms are expiring 60 days in advance of such expiration date. 5. Appointments and reappointments of members to Appointive Agencies should occur thirty (30) days prior to the expiration of terms. 6. Council should continue its recently adopted practice of considering appointments at the conclusion of its workshop sessions in addition to regular business meetings, which has been effective in minimizing Appointive Agency vacancies. 7. Appointments beyond term limits. a. Staff liaison training recommendations described in this report shall include best practices related to communications with Appointive Agency members whose terms are expiring, and who have reached their maximum term limit, on the City Code provision allowing for additional terms in certain circumstances. b. Retain the current City Code provision (City Code § 2-3(b)) that enables the City Council, by an affirmative vote of a majority of all Council Members, to reappoint a person to one or more additional terms beyond those permitted by City Code § 2-3(a) when, by virtue of the unique qualifications of the position or other extenuating circumstances, doing so would serve the best interests of the City. c. City Council should provide a rationale when reappointing anyone beyond the term limits as set forth in Section 2-3(a). 8. Consider changing the term limits for Appointive Agencies that have specific membership requirements that are difficult to meet, as was done in City Code § 2-3(c) for appointees to the Board of Building Code Appeals. Such circumstances should be identified by the Clerk's Office, in Appointive Agency annual reports, and in the periodic procedural review process recommended elsewhere in this report. 9. An individual who previously served on an Appointive Agency shall not be deemed to have a consecutive appointment if three or more months have passed since the appointee's most recent term with the same Appointive Agency has concluded. 10. Letters of appointment and reappointment should include the appointee's obligation to self-report the loss of certification/license, change of residency, or other changes to factors upon which their appointment is conditioned. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 1 15 Final Report- June 3, 2022 (revised 3/5/24) APPOINTMENTS HELD BY VIRTUE OF POSITION 1. Government Positions. Unless otherwise specified by Ordinance, law, or bylaws approved by City Council, appointments of members to Appointive Agencies by virtue of concurrent service in a specific elected, appointed, or employed government position (Federal, State or local) shall terminate if an incumbent ceases to hold or is suspended from such position. Absent other action by City Council, their authorized successor in that government position, acting or permanent, shall also assume appointment to such Appointive Agency seats ordained as secondary assignments for their office, subject to subsequent confirmation by City Council. 2. Non-Government Positions. Unless otherwise specified by Ordinance, law, or bylaws approved by City Council, appointments of members to Appointive Agencies by virtue of concurrent service in a non-governmental position shall terminate if an incumbent ceases to hold or is suspended from such position. The Appointive Agency seat previously held by the incumbent shall be vacant until City Council appoints a successor. 3. Inter-Agency City Liaisons. When Council desires one Appointive Agency to coordinate with another, consideration should be given to allowing the agency providing a liaison to designate which of its members should serve rather than requiring Council itself to appoint a specific individual member as the liaison. a. This recommendation is intended to increase attendance by inter-Agency liaisons by allowing more responsive designation changes as individual availability and workloads change. b. Backup inter-Agency liaisons, which do not exist now, could also be readily designated by the Agency itself, furthering Council's goals by reducing attendance gaps, communications breakdowns, and failures to coordinate. CIRCUMSTANCES TO REMOVE AN APPOINTEE Failure to Take Oath of Office (Lapse of Appointment) 1. A limited number of appointees are required to take an Oath of Office, typically by State Law. 2. Appointment letters for such positions should indicate service is conditioned upon taking the Oath. 3. An appointee who fails to take an Oath as required allows their conditional appointment to lapse and forfeits the opportunity to serve. 4. The Clerk should promptly notify the appointee their appointment has lapsed and notify Council the position remains vacant and requires a new appointment. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 1 16 Final Report- June 3, 2022 (revised 3/5/24) Excessive Absences 1. Attendance is directly correlated to Appointive Agency participation and thereby to the success of the organization in furthering its mission. Creating and maintaining a culture that expects the participation of its members in productive meetings will increase the engagement of the Appointive Agency. Engaged appointees are an Appointive Agency's most valuable assets. 2. Recommended procedures for recording attendance, and thereby identifying excessive absenteeism, are noted elsewhere in this report. 3. The staff liaison will notify the Appointive Agency chair after a member has had two unexcused absences. The chair shall contact the member to determine why the member is missing meetings and remind the member of the City's attendance policy, and if applicable, the Agency's remote participation policy. 4. If a member accumulates more than three eFmeFe absences in a calendar year, or, for agencies that meet more than four times per calendar year, if a member is absent from more than one-fourth of the total number of meetings held during the calendar year, for any reason other than personal illness, the illness or death of a relative, or other circumstances beyond the member's control (as determined by the chair), the staff liaison shall notify the City Clerk's office in writing, with a copy to the chair, and advise the City Clerk of the name of the member of who has accumulated absences beyond those allowed by the City Code. The notification should reference the attendance policy set forth in City Code § 2-3.1 and indicate it was sent on behalf of the chair. 5. Given that City Code § 2-3.1 provides that absences due to personal illness, the illness or death of a relative, or other circumstances beyond the member's control are excused absences, and given the option for members of Appointive Agencies to participate in meetings from a remote location if the Appointive Agency has adopted a remote participation policy as authorized by the Virginia Freedom of Information Act and City Council Policy, the City Code requirement and procedures for removal of appointees due to excessive unexcused absences should be strictly enforced. Failure to File Financial Disclosure Form 1. Recommendations elsewhere in this report significantly limit the number of appointees required to file a Financial Disclosure form. 2. In most cases, consequences for failure to file a Financial Disclosure form will be determined by State law. 3. If an appointee is required to file a Financial Disclosure but is not subject to State law consequences for failure to do so: a. Their appointment letter should note filing is a requirement for continued service; b. Failure to timely file should result in a prompt letter from the City Clerk allowing 30 additional days; and CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 1 17 Final Report- June 3, 2022 (revised 3/5/24) c. Failure to file by the extended deadline should result in automatic termination of the appointment, carried out by written notice from the City Clerk in the same manner provided in § 2-3.1 for termination due to excessive unexcused absences. 4. Given the limited number of positions impacted by this recommendation, the public transparency objective of the filing requirement, the well-communicated requirement to file, and provisions to remedy an initial lapse in timely filing, if allowed by state law, this policy should be strictly enforced. Other Circumstances 1 . A variety of other circumstances may impair an appointee's ability to serve effectively or may impair their Appointive Agency's ability to fulfill its mission. 2. When such circumstances arise the appointee should notify the chair, who in turn should notify the Council liaison or Vice Mayor (in the absence or unavailability of a Council liaison), as appropriate. 3. These situations should be evaluated on a case-by-case basis. 4. City Council should continue to exercise its authority to remove appointees as it determines best for the welfare of the City and the Appointive Agencies. 5. Circumstances which could, but would not necessarily, lead to Council's review for potential termination of an appointment may involve violation of the Principles of Service or certain criminal convictions. 6. Council should provide for an appointee Leave of Absence (LOA) where legally permissible as an intermediate step to facilitate Appointive Agency operations during such circumstances. a. Such LOAs should be for a defined, limited term - perhaps up to three (3) months. b. Such LOAs could be requested by the appointee or imposed. c. Power to grant an LOA should vest in the agency's Council liaison, or the Vice Mayor in the absence or unavailability of a Council liaison. d. Appointive Agency quorums should not include appointees on an LOA. e. Appointee absences during a properly granted LOA should be considered "Excused." f. Such LOAs would not be for personal medical or family medical reasons already addressed by City ordinance. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 1 18 Final Report- June 3, 2022 (revised 3/5/24) RECOGNITION 1. Appropriate opportunities for recognition of appointees should be identified using the City's Office of Volunteer Services as a resource. 2. The City Manager should be encouraged to recognize outstanding performance by staff liaisons supporting Appointive Agencies, as appropriate. 3. The nature and timing of such recognition should be periodically re-evaluated to ensure effectiveness and efficiency. COUNCIL LIAISONS 1. City Council should consider selecting two of its own members to serve as Liaisons or Contacts to each Appointive Agency. a. The second Council Liaison/Contact may choose to serve in a limited, backup capacity or in a full capacity. b. For Appointive Agencies with quasi-judicial powers or other reasons why Council Members should not act as full liaisons or attend meetings, City Council Members should be designated as "City Council Contacts" with more limited roles. c. If neither City Council Liaisons nor Contacts are currently designated for an Appointive Agency, the Vice Mayor shall serve as the agency's point of contact with City Council. 2. City Council's current practice of reviewing liaison/contact assignments annually and when the composition of Council changes is endorsed as a helpful practice. 3. Familiarity with the missions and work of the City's Appointive Agencies and attendance at their programs and special events should be encouraged for all Council Members. 4. City Council liaisons can help Appointive Agencies succeed and fulfill their missions in the following ways: a. Refer relevant matters to Appointive Agencies, inform Appointive Agencies of Council initiatives, and advise Agencies of Council's perspectives on matters relevant to their mission. b. Use Liaison Reports to inform Council and the public of Appointive Agency issues, achievements, and events. c. Actively engage with assigned Appointive Agencies and be available to chairs for coordination. d. Facilitate Appointive Agency communications to Council, including reports and presentations. e. Provide guidance on desired work products and assignments from Council, and provide acknowledgement and feedback to the Appointive Agency after receiving and considering their reports. f. Advise the City Manager of circumstances appropriate for his consideration and execution for facilitating the success of Appointive Agencies. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 1 19 Final Report- June 3, 2022 (revised 3/5/24) g. When recruiting, filling, or reappointing to open seats on Appointive Agencies: i. Give consideration to recommendations from the Appointive Agency; ii. Coordinate with District Council Members on Appointive Agencies with geographic composition requirements. h. Promote coordination when advice from more than one Appointive Agency is sought, such as when the same or related issue is referred to both a geographic Appointive Agency such as RAC and a general government service Commission such as Parks & Recreation. i. Sponsor Appointive Agency recommendations for consideration by Council, including changes in size, composition, liaisons and student members. j. Provide fellow City Council Members with context and information when evaluating the Appointive Agency's Annual Report and other work products, as described elsewhere in these recommendations. STAFF LIAISONS 1. Staff liaisons shall be expected to perform all duties identified in the Staff Liaison Training program. 2. The City Manager should be directed to ensure supervisors are aware of Appointive Agency staff liaison duties so workloads can be appropriately planned, performance can be evaluated, and provisions for staff liaison succession and backup can be made. 3. Staff liaisons shall maintain current and orderly files for assigned Appointive Agencies, including meeting agendas, meeting minutes, and attendance records. 4. Staff liaisons shall file all necessary public meeting notices for their assigned Appointive Agency. 5. Staff liaisons shall promptly notify the chair, City Council liaison, and City Clerk's office of any changes in appointee membership status, eligibility to serve, or contact information. 6. Staff liaisons should inform supporting department leaders and appropriate staff about matters being considered by the Appointive Agency. 7. Staff liaisons should coordinate with Appointive Agency chairs when opportunities arise for the City's professional staff to assist appointees with making informed evaluations and recommendations. 8. Staff liaisons shall promptly provide newly appointed members and all liaisons orientation materials. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 1 20 Final Report- June 3, 2022 (revised 3/5/24) 9. Staff liaisons shall coordinate webpage postings and if applicable, social media postings, for the Appointive Agency ANNUAL REPORTS 1. An Appointive Agency's Annual Report is perhaps the most important and underutilized tool for enabling City Council's evaluation of each agency's mission, effectiveness, and opportunities for service. Efforts should be prioritized to ensure Appointive Agency annual reports are easy to prepare and submit, standardized with key content valued by Council, and expected on a timely basis. 2. The chair of each Appointive Agency, other than Independent or Regional Agencies, shall file an Annual Report to City Council with the City Clerk's office no later than sixty (60) days after fiscal year-end, unless otherwise specified. a. City Budget. Submission of Annual Reports on this timetable is intended to facilitate timely consideration of recommendations related to resources early in the City's budget development cycle, with all Agency requests presented at the same time. Council has often requested such timing. b. City Policies. The timing is also intended to enable consideration of policy recommendations early in the development cycle for legislative agendas involving other levels of government. 3. The Annual Report shall cover the period July 1 - June 30 of the fiscal year just ended, unless otherwise specified. 4. A simple, standard Annual Report template showing minimum requirements is included as Exhibit G. Appointive agencies may choose to provide additional material, but all annual reports shall include each of the minimum required sections. 5. Appointive Agencies will differ in the types of information they report, depending on their mission. a. Advisory Appointive Agencies may choose to focus on programs and projects. b. Quasi-judicial Appointive Agencies may choose to focus on statistics and processes related to the matters they evaluate. 6. The chair and staff liaison should collaborate to draft the Annual Report. 7. Annual Reports should be approved by the Appointive Agency prior to filing with the City Clerk for distribution to Council. 8. An Annual Report should be filed even if no other meetings were held or no business was conducted in the prior year. The report should indicate the reason for these circumstances to assist City Council in their annual evaluation of the Appointive Agency and its mission. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 21 Final Report- June 3, 2022 (revised 3/5/24) 9. Online completion and filing of Annual Reports should be part of the future City Appointive Agency software, significantly reducing reparation time, enabling tracking without administrative burden, and increasing access to information. 10. Appointive Agency Annual Reports should be made available to the public via online posting. 11.The opportunity for Appointive Agencies to periodically brief City Council should continue to be afforded as an important process for public awareness, fulfillment of the citizen-advisory role, and two-way engagement with the majority of Council who are often not otherwise focused on the agency. APPOINTIVE AGENCY MISSION, ESTABLISHMENT AND SUNSETTING 1. City Council should consider assigning matters to Appointive Agencies in this order of preference and priority: a. First, to one or more existing agencies, augmenting their mission if necessary; b. Second, to a new temporary Appointive Agency with a defined sunset provision; c. Third, to a newly established standing Appointive Agency. 2. The City Attorney's Office should maintain model ordinances for establishing new temporary and standing Appointive Agencies containing a list of elements for City Council to determine such as: mission, membership composition, terms of appointment and term limits, supporting City Department(s), budget (if any), sunset provision (if temporary), and any governance matters, powers or limitations that differ from default City standards for Appointive Agencies. 3. Each existing Appointive Agency shall review its mission statement and present any recommended changes to City Council in conjunction with its Annual Report. 4. City Council should direct the City Manager to maintain a current master organizational chart indicating the City Departments supporting each Appointive Agency, and to provide this chart to the City Clerk for public posting on the Appointive Agencies webpage. 5. When considering each Appointive Agency's Annual Report City Council should evaluate: a. The Agency's own recommendations for changes to its mission; b. New or changed issues City Council wishes the Appointive Agency to address, c. The effectiveness of the Agency in accomplishing its mission; d. Policy, Agency composition, or resource changes to improve Appointive Agency mission fulfillment. Inter-Agency liaisons should be considered as an alternative to appointing additional full voting members where appropriate; CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 1 22 Final Report- June 3, 2022 (revised 3/5/24) e. The balance of agency support workloads across City departments; f. Opportunities for consolidation or sunsetting of Appointive Agencies. TERMS OF OFFICE FOR ALL APPOINTIVE AGENCIES 1. The City Council should define the terms of office (period of time) for members serving on all Appointive Agencies. Specifically, the City Council should make this determination when establishing an Appointive Agency, or when adding new classes of members such as students, or when designating new liaison positions. 2. If City Council chooses not to define all terms of office, then the City should enact an appropriate ordinance to apply a default one-year term to those otherwise undefined. 3. The City Council should amend any current ordinance for any existing Appointive Agencies lacking established terms of office in order to establish appropriate terms. BYLAWS l. The majority of appointive Agencies are not required to maintain individual bylaws and generally should be discouraged from adopting bylaws to avoid conflicts with ordinances of general applicability subsequently adopted by Council, consumption of staff and volunteer resources required to train on and maintain unique bylaws rather than focusing on mission fulfillment, and redundancy with determinations made solely by Council. 2. In general, only Appointive Agencies that make grants, are independent or regional agencies, or are otherwise required to do so, should consider maintaining Bylaws. All other Appointive Agencies, including those who serve as advisory bodies to City Council, should consider alternatives to Bylaws. 3. Appointive Agencies should consider the utilization of policies in lieu of bylaws, including policies related to the election of officers. 4. Appointive Agencies that choose or are required to implement Bylaws should consider utilizing the standard template attached as Exhibit H. 5. Appointive Agencies that adopt Bylaws will be expected to follow, enforce, and maintain their Bylaws. 6. Appointive Agencies shall have all Policies, Bylaws, proposed Bylaws and/or amendments to Bylaws reviewed by the City Attorney's Office. 7. To provide uniform fallback procedures, to resolve subjects of frequent ambiguity, and to minimize adoption of separate Bylaws by multiple agencies, the following default policy should be adopted by Council for all City Appointive Agencies: CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 23 Final Report- June 3, 2022 (revised 3/5/24) a. Unless otherwise specified by Ordinance, law, or bylaws, Appointive Agencies shall elect a chair and a vice chair from among their members annually. The chair shall plan and conduct meetings of the Appointive Agency and perform other duties assigned and reserved to chairs by Council, ordinance, or law. The vice chair shall temporarily perform the duties of the chair when the chair is unavailable. Any subcommittee established by an Appointive Agency shall be advisory to the full agency and shall adhere to all laws governing public meetings including notice, attendance records, and minute-keeping. b. In the absence of specific laws, ordinances, or bylaws to the contrary a majority of the Appointive Agency's current membership shall constitute a quorum, subject to a minimum quorum size of three. 8. Where appropriate for the uniform functioning of City government, Council should adopt ordinances of general applicability to Appointive Agencies, with exceptions if needed, rather than awaiting individual Appointive Agencies to individually adopt policies or bylaw amendments to achieve the same purpose. MEETING REQUIREMENTS 1. Public notices for all Appointive Agency meetings shall be posted online, on the Public Notice Meeting Board near City Council Chamber, and in the office of the department that provides the Agency with staff support, and in any other designated places, in accordance with state law. 2. Staff liaisons and chairs should remind appointees about public meeting law compliance when subcommittees are formed and when gatherings outside of regular meetings are anticipated. 3. Appointive Agencies should meet a minimum of once per year to approve their Annual Report to City Council, confirm the status and availability of members, elect officers (if applicable), perform financial functions (if applicable), and perform other such duties, even if no other meetings were held or no business was conducted in the prior year. 4. Barriers should be reduced for individuals who may want to participate in or observe meetings, including if appropriate: diversifying meeting places and times, conducting hybrid in-person/online meetings, and streaming meetings via digital technology. 5. Training should inform appointees and liaisons that a properly-noticed public meeting may be called to order even if a quorum is not present, unless otherwise prohibited by law. No votes may be taken unless a quorum is present, but minutes and attendance shall be taken, unless the chair cancels the meeting prior to calling it to order. 6. Meeting agendas should be distributed to Appointive Agency members and liaisons at least three days prior to the meeting date. Appointive Agencies should adopt a process CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 1 24 Final Report- June 3, 2022 (revised 3/5/24) to capture meeting minutes ensuring compliance with applicable laws and regulations. Please find a suggested template attached as Exhibit I. IMPLEMENTATION 1. The City Council should establish a standing or permanent Appointive Agency to work with the City Clerk and the City Attorney to implement the recommendations embodied in this document. 2. The newly established Appointive Agency shall ensure that the proposals and recommendations in this document are prioritized correctly and amended as needed to comply with the spirit of the proposed recommendations. This new Appointive Agency shall also continue the mission of providing advice and recommendations to City Council regarding the City's various Appointive Agencies and the appointment processes. 3. City Code Section 2-451 which lists and categorizes Appointive Agencies is inaccurate and should be revised in a manner that reflects current directives by Council and does not render it frequently out of date in the future. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 1 25 Final Report- June 3, 2022 (revised 3/5/24) EXHIBIT A - TALENT BANK APPLICATION Talent Bank Application r` ` City Council Appointive Agencies w� Instructions You may attach your own resume or other supporting data. Each application is retained on file for five years and may be updated at any time by contacting the City Clerk at 385-4304 or 385-4036. Each applicant must be a resident of Virginia Beach. Thank you for completing this application and for your interest in serving the City of Virginia Beach. Contact Information Name(last,first MI.) Provide previous names used Home Address City ZIP Code Phone E-Mail Address Applicant's District 1 / 2 / 3 / 4 / 5 / 6 / 7 / 8 / 9 / 10 / (circle one) Registered Voter? Yes/No (circle one) How long have you been a resident? Are you currently serving Yes/No on a City Council Appointed If Yes,list the name of City Council Appointed Agency: Agency (circle one) Education High School College Technical Military Graduate/Professional Degrees or Certifications CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 26 Final Report-June 3, 2022 (revised 3/5/24) Current Occupation Firm Name Address Title Describe Duties Please state your interest and/or reason to seek City Council's appointment to any Appointive Agency: Please provide experience you have that relates to the Appointive Agency you wish to serve on: Please share any volunteer or community service in your background that would make you a good candidate for appointment: CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 27 Final Report - June 3, 2022 (revised 3/5/24) References(Optional) 1. Name(last,first MI.) Relationship to Applicant Phone E-Mail Address 2. Name(last,first MI.) Relationship to Applicant Phone E-Mail Address 3. Name(last,first MI.) Relationship to Applicant Phone E-Mail Address Interests: Please rank up to five Appointive Agencies you are interested in(1 being most interested): 2040 Vision to Action Community Coalition _Advertising Advisory Committee Agricultural Advisory Committee Arts and Humanities Commission Audit Committee Bayfront Advisory Commission Beaches and Waterways Advisory Commission Bikeways and Trails Advisory Committee _Board of Building Code Appeals _Board of Zoning Appeals Chesapeake Bay Preservation Area Board _Clean Community Commission Community Organization Grant Review and Allocation Committee(Minority Grants) Community Policy and Management Team(CSA-At Risk) Community Services Board _Development Authority Eastern Virginia Medical School Green Ribbon Committee _Health Services Advisory Board Historic Preservation Commission Historical Review Board _Housing Advisory Board Human Rights Commission CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 28 Final Report- June 3, 2022 (revised 3/5/24) Military Economic Development Advisory Committee Minority Business Council Oceana Land Use Conformity Committee Old Beach Design Review Committee _Open Space Advisory Committee Parks and Recreation Commission Personnel Board Planning Commission Process Improvement Steering Committee Public Library Board _Resort Advisory Commission Senior Services of Southeastern Virginia(Regional) _Social Services Advisory Board _Southeastern Tidewater Opportunity Project(Regional) _Stormwater Appeals Board _Tidewater Community College Board(Regional) _Tidewater Youth Services Commission(Regional) Transition Area/Interfacility Traffic Area Citizens Advisory Committee Towing Advisory Board _Urban Agricultural Advisory Committee _Virginia Beach Community Development Corporation Wetlands Board Agreement and Signature By my signature to this application, I affirm that the facts set forth in it are true and complete. I understand that if I am accepted as a volunteer, any false statements, omissions, or other misrepresentations made by me on this application may result in my immediate dismissal. I affirm my willingness to complete the City of Virginia Beach Board and Commissions Training Program and I acknowledge the Principles of Service. I further affirm my willingness to fulfill my commitment to actively attend and participate if appointed and to comply with the Virginia Financial Disclosure requirements,if applicable. Full Name(printed) Signature Date Please submit this application via U.S. Mail or Email to: Amanda Barnes,MMC,City Clerk 2401 Courthouse Drive,Suite 281 Virginia Beach,VA.23456 abarnesna.vbgov.com CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 29 Final Report- June 3, 2022 (revised 3/5/24) City of Virginia Beach Principles of Service These principles shall guide appointees to Boards and Commissions while acting in their official capacity: • To place the best interests of the City above all other interests. • To uphold all laws,regulations,and policies. • To take no action for personal benefit. • To make every effort to avoid a real or perceived conflict of interest. • To avoid disclosure of confidential information obtained in the performance of my duties or in my official capacity. • To exercise prudence and good judgment at all times. • To faithfully and impartially perform my duties,acting with integrity and accountability. • To treat other officials,staff, and the public with respect. • To ensure City resources are used solely for the benefit of the City,and City staff are not given unauthorized directives. • To participate in training and adhere to guidance provided for my role by the City. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 1 30 Final Report- June 3, 2022 (revised 3/5/24) EXHIBIT B — STUDENT TALENT BANK APPLICATION High School Student Talent Bank Application City Council Appointive Agencies Instructions You may attach your own resume or other supporting data. Each application is retained on file for one year and may be updated at any time by contacting the City Clerk at 385-4036 or 385-4303. Each applicant must be a resident of Virginia Beach. Thank you for completing this application and for your interest in serving the City of Virginia Beach. Contact Information Name(last,first MI.) Street Address City Zip Code Phone E-Mail Address Applicant's District 1 / 2 / 3 / 4 / 5 / 6 / 7 / 8 / 9 / 10 / (circle one) Academic Information Name of High School Current Grade Graduation Date Please list any extracurricular activities you are involved in CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 31 Final Report - June 3, 2022 (revised 3/5/24) Please state your interest and/or reason to seek City Council's appointment to any Appointive Agencies: References(Optional) 1. Name(last, first MI.) Relationship to Applicant Phone E-Mail Address 2. Name(last, first MI.) Relationship to Applicant Phone E-Mail Address 3. Name(last, first MI.) Relationship to Applicant Phone E-Mail Address CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 32 Final Report- June 3, 2022 (revised 3/5/24) Interests: Please rank up to five Appointive Agencies you are interested in(1 being most interested): _ CLEAN COMMUNITY COMMISSION Responsible for promoting litter prevention,recycling,beautification and general environmental awareness through educational projects designed to reach all segments of the community. Meetings are held the second Thursday each month at 6:30 pm GREEN RIBBON COMMITTEE Serves in an advisory capacity to City Council on matters relating to the improvement of water quality in the City's waterways,including means of developing property and supporting infrastructure that minimize the use of natural resources,reduce harmful effects on water quality and create healthier environments for people. Meetings are held the fourth Thursday each month from 2:30 to 4 pm HISTORIC PRESERVATION COMMISSION Advises City Council on issues related to the preservation of historic buildings, structures and sites located in the City of Virginia Beach. Members work to preserve,protect and maintain the historic identity of Virginia Beach and the former Princess Anne County. Meetings are held the first Wednesday each month at 5 pm HUMAN RIGHTS COMMISSION Serves as an advisory agency to the City Council with the following duties, powers and functions: (1)to institute,conduct,and engage in educational programs;(2)to serve as a forum for the discussion of human rights issues,and to conduct studies and propose solutions for the improvement of human relations in the city;and(3)to provide assistance to persons who believe their rights have been violated by identifying the appropriate federal,state or local agency to address the complaint and referring such persons to that agency. Meetings are held the second Thursday each month at 4 pm PARKS AND RECREATION COMMISSION Serves as an advisory body by acting as a liaison between City Council,City Manager and Director of the Department of Parks and Recreation and citizens of the City concerning matters affecting parks and recreation policies, programs,finances and the acquisitions and disposal of lands and properties and holding public meetings and exercising influence throughout the City to improve and expand recreational opportunities. Meetings are held the first Thursday each month at 3 pm _ PUBLIC LIBRARY BOARD The Public Library Board has been in existence since the incorporation of the City of Virginia Beach in 1965.The Board is responsible for making recommendations to the Director of Libraries and also to City Council on all phases of library strategic planning,policies and issues critical to community goals and aspirations. Meetings are held the second Monday each month at 5 pin CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 33 Final Report— June 3, 2022 (revised 3/5/24) Agreement and Signature By my signature to this application, I affirm that the facts set forth in it are true and complete. I understand that if I am accepted as a volunteer, any false statements, omissions, or other misrepresentations made by me on this application may result in my immediate dismissal. I affirm my willingness to complete the City of Virginia Beach Board and Commissions Training Program and I acknowledge the Principles of Service. I further affirm my willingness to fulfill my commitment to actively attend and participate if appointed and to comply with the Virginia Financial Disclosure requirements,if applicable. Full Name(printed) Signature Date Please submit this application via U.S. Mail or Email to: Amanda Barnes,MMC,City Clerk 2401 Courthouse Drive, Suite 281 Virginia Beach,VA.23456 abarnesnvbgov.com CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 34 Final Report — June 3, 2022 (revised 3/5/24) City of Virginia Beach Principles of Service These principles shall guide appointees to Boards and Commissions while acting in their official capacity: • To place the best interests of the City above all other interests. • To uphold all laws, regulations,and policies. • To take no action for personal benefit. • To make every effort to avoid a real or perceived conflict of interest. • To avoid disclosure of confidential information obtained in the performance of my duties or in my official capacity. • To exercise prudence and good judgment at all times. • To faithfully and impartially perform my duties, acting with integrity and accountability. • To treat other officials, staff,and the public with respect. • To ensure City resources are used solely for the benefit of the City, and City staff are not given unauthorized directives. • To participate in training and adhere to guidance provided for my role by the City. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 35 Final Report- June 3, 2022 (revised 3/5/24) EXHIBIT C - TRAINING MODULES FOR APPOINTEES City of Virginia Beach Citizens Committee on Boards and Commissions Proposed Training Modules for Appointive Agency Members The CCBC has identified topics where training would increase the effectiveness of the City's Appointive Agencies. Surveys of Agency chairs, liaisons, and of localities across the nation, and especially those similar in population size to Virginia Beach, have generated topics that are needed or commonly the subject of such training. Modular training units, often offered online, group related topics together and break the overall training into short sessions. The following outline is a starting point for implementing such a program in Virginia Beach. Whether ultimately delivered via live presentation, online using PowerPoint and/or recorded video, digitally or in writing as a Handbook, or by other methods, the outline may assist City staff in developing content (or repurposing existing materials) by organizing the CCBC's recommendations for training modules, rather than leaving work to begin from a blank slate. Over time sub-topics may be added, changed, or eliminated as the City's needs evolve. a. Virginia Beach Appointive Agency Orientation 1. City Organization 2. Roles of Appointive Agencies (including types) 3. Interacting with City Council 4. Interacting with City Staff & Staff Liaison Role 5. Interacting with the Public b. Public Information 1. Freedom of Information Act 2. Open Meetings 3. Public Records 4. Confidential Information 5. Board advice, City positions & personal opinions (i.e. Media & Social Media) c. Serving with Integrity l. Ethics Pledge 2. Conflicts of Interest (perceived & actual), and Gifts 3. Disclosures & Abstention 4. City Resources (including use of City Indicia) 5. Solicitation & Nonprofit Supporting Organizations 6. How to Obtain Guidance d. Responsibilities & Procedures 1. Completing Pre-Service Requirements 2. Attendance (in-person and remote participation) 3. Engagement and Preparation 4. Effective Meeting Conduct (including expression of divergent views) 5. Roles reserved to the Chair 6. Required Periodic Filings, and Reporting Changes (contact info, residency, loss of certification/licensure, etc.) 7. Terms of Service, Reappointment, and Ending Service CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 1 36 Final Report- June 3, 2022 (revised 3/5/24) EXHIBIT D - TRAINING MODULES FOR STAFF LIAISONS City of Virginia Beach Citizen's Committee on Boards and Commissions Proposed Training Topics for Appointive Aaency Staff Liaisons City personnel designated to serve as Staff Liaisons to Appointive Agencies shall participate in training provided by the City Clerk and the City Attorney. The following are examples of training topics: A. The same training aiven to Appointive Aaency appointees, includina these modules: a. Orientation to Virginia Beach Appointive Agencies b. Public Information c. Serving with Integrity d. Responsibilities and Procedures for Appointees B. Roles & Duties a. Clerk's Office b. Appointive Agency Chair c. Council Liaison or Contact d. Liaisons to Other Appointive Agency e. Staff Liaison (incl coordination with supporting Department leadership) C. Meetings & Events a. Public Notice b. Agendas & Standard Meeting Elements c. Quorums d. Minutes e. Procedures for Appointive Agency events other than business meetings D. Appointive Agency Recordkeepinq a. Council Ordinances for Appointive Agency (incl Mission &Special Requirements) b. Bylaws & Policies Adopted by Appointive Agency c. Maintaining Complete and Orderly Files (incl presentations & handouts) d. Record Retention & Destruction Policies e. Attendance i. Policy Review (incl Remote Participation) ii. Standard Attendance Record Chart & Data to be in Minutes iii. Assisting the Chair with Policy Enforcement f. Volunteer Hours E. Annual Report a. Due Date b. Format c. Delivery Procedures d. Council Presentations CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 37 Final Report- June 3, 2022 (revised 3/5/24) F. Correspondence and Recommendations (formats cc's delivery method etc.) a. to City Council b. to City Departments, Offices, or other Appointive Agency c. to External Agencies G. Appointment Lifecvcle a. Recruiting Applicants & Talent Bank Application b. Chair Recommendations of Nominees c. Council Appointment Process d. Post-Appointment Requirements (Oath, Financial Disclosure, etc.) e. Orienting A New Appointee f. Term Lengths, Term Limits & Re-appointment Procedures g. Resignation Procedures h. Student Appointees i. Appointed Liaisons H. Best Practices & Resolving Common Challenaes I. Specialized Matters Pertaining to their Specific Appointive Aaency J. Obtainina Guidance & Assistance a. City Clerk's Office b. City Attorney's Office c. Other Resources CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 38 City- of Virginia Beach X [Board/Commission -Tame] _ 2021 Attendance Record -� rn Name Tan ian Feb Mar Apr May Jun Jul Aug Sep C►a Now Dec Taal 1 Expires err: 11th 25tb Sth 22nd IS- 22nd 5'" 1t1� 24# 14# 210 12d Present D Cunmri�sioncr 5/31/2022 1' 1' C A A 1' P V I''V P 1' 1' P 9/11 —AI rn Commissioner 5/31/2022 1' 1' C P/V P/V P A A P 1' 1' E 8/11 z 0 Commissioner 5/31/2024 1' 1' C P P/V P E P 1' P 1' P 10/11 D z Commissioner 5/31/21121 1 1' C 1' A N/A N/A N/A N/A N/A N/A N/A 3/4 l l rn Commissioner 5/31/2024 1' 1' C 1' 1' 1' 1' P/V P/V P/V A 9/11 ---1 rn n Conunissioner 51 31/2n33 1' C 1' 1' 1' 1' \' I' P P PN P 10/11 —1J M Commissioner 5/31/2026 N/A N/A C N/A 1' 1' 1' P P P P 1' 8/8 r z n Commissioner 5/31/2026 1' 1' C 1' 1' 1' 1' P E P P 1' 10/11 rn O This row indicates if there was a quorum; total number of members in persm/total 6/7 7/7 C 5/7 4/8* 7 - 2/ * 5 - 5/7 h 7 5/7 S number of appointed members M Q OCity Cottndl Liaisons/Deparu=t Staff Liaisons 7 z Council Member Liaison I' C I"V P/V P \' P'V 1' V h 0 DO Council Member Liaison I' P C i' P/V Staff Liaison 1' P/V C P P I' 1' P 1' 1' 13 P III C Y Staff Liaison 1' P C P I' 1' P P P F' 9 (D Z W C� StafPLiaison P/V P/V C P/V P/V P/V P/V P/V P ?; 0 Key: Present(P) Present/Virtually(P/V) Absent(A) Resigned(K) Excused Absence(E) Cancelled(C) rN City Council and Staff Liaisons should be marked either P or P/V.if not in attendance.the block should be blank c"n If Commissioners participate P/V,it must be annotated in the Minutes where they remotely participated from and the reason—does not apply to City Council or O Staff Liaisons. (p � Meetings lacking a quonun of Members attendings should be designated with an asterisk(*) cs N Ic A Final Report- June 3, 2022 (revised 3/5/24) EXHIBIT F - REAPPOINTMENT REQUEST City Council Appointive Agencies Reappointment Request Instructions The Reappointment Request ensures your desire to serve an additional term is known to City Council for their consideration. This request is due to the City Clerk 60 days prior to the expiration of your current term and should be completed entirely. Contact Information Name(Last, First MI): Residential Address: Voting District you live in(1-10): Cell Phone: Email: City Council Appointed Agency Information Are you seeking reappointment? Yes_ No If yes, please complete questions below: Name of City Council Appointive Agency you are seeking reappointment to: Are you currently serving on any other City Council Appointive Agency? If so, provide the name: If your appointment requires you to have a specific certification/license, residential district, position or role, do you still maintain that requirement? What is the specific requirement?(i.e., licensed engineer/architect, president or member of a specific association or organization, residential district, employment, citizen, specific knowledge/experience) Agreement and Signature By my signature to this form, I affirm that the facts set forth in it are true and complete. I understand that if am reappointed, any false statements, omissions, or other misrepresentations made by me may result in my immediate dismissal. I affirm my willingness to complete the City of Virginia Beach Appointive Agency Training Program and I acknowledge the Principles of Service. I further affirm my willingness to fulfill my commitment to actively attend and participate and comply with the Virginia Financial Disclosure requirements, if applicable. Signature: Date: CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 40 Final Report- June 3, 2022 (revised 3/5/24) City of Virginia Beach Principles of Service These principles shall guide appointees to Boards and Commissions while acting in their official capacity: • To place the best interests of the City above all other interests. • To uphold all laws,regulations, and policies. • To take no action for personal benefit. • To make every effort to avoid a real or perceived conflict of interest. • To avoid disclosure of confidential information obtained in the performance of my duties or in my official capacity. • To exercise prudence and good judgment at all times. • To faithfully and impartially perform my duties, acting with integrity and accountability. • To treat other officials,staff, and the public with respect. • To ensure City resources are used solely for the benefit of the City, and City staff are not given unauthorized directives. • To participate in training and adhere to guidance provided for my role by the City. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 41 Final Report- June 3, 2022 (revised 3/5/24) EXHIBIT G - ANNUAL REPORT TEMPLATE ANNUAL REPORT TEMPLATE City of Virginia Beach [Appointive Agency Name] 20 -20 Annual Report to City Council Chair: [Name] Date: [Date - due by August 31, unless otherwise specified] Executive Summary During the fiscal year covering the period of July 1, [YEAR] - June 30, [YEAR] the [Appointed Agency] volunteers and liaisons o met [number] times o [if applicable] held additional events and activities Our most significant accomplishments are detailed below, along with recommendations for your consideration. Mission Statement [insert the agency's mission statement here]. Accomplishment of Goals and Objectives Over the past fiscal year the agency, though its appointed volunteers and its liaisons, worked on the following key matters in furtherance of its mission: [include all assignments from Council and a summary of duties performed as required by law] 1. Insert Topic #1 a. Insert data about the plan/project/program, its goal, and its relation to the mission b. If incomplete, explain the status and reasons c. Attach any reports or supplemental materials as an exhibit 2. Insert Topic #2 a. Insert data about the plan/project/program, its goal, and its relation to the mission b. If incomplete, explain the status and reasons c. Attach any reports or supplemental materials as an exhibit CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 1 42 Final Report - June 3, 2022 (revised 3/5/24) 3. Insert Topic #3 a. Insert data about the plan/project/program, its goal, and its relation to the mission b. If incomplete, explain the status and reasons c. Attach any reports or supplemental materials as an exhibit Membership and Attendance [Insert the standard membership roster here, including all who served during the Fiscal Year and all liaisons] [insert the standard attendance reports here for the two calendar years covering this reports Fiscal Year] [Insert volunteer hours report] Financial Report (if applicable) [insert the fiscal year financial report here] Goals and Objectives for the Coming Year [insert bullet points & relate to the Mission] Recommendations to City Council [insert bullet points listing specific actions your agency wants City Council to consider regarding your agency, its mission, its effectiveness, addressing its challenges, serving the public in a better manner, changes to laws or regulations, specific plans or projects, and opportunities for consolidation or sunsetting. Include a brief reason for each recommendation.] Additional Information (if desired) [Insert anything else your agency wishes City Council and the public to know.] Closing Should you have any questions or desire a formal City Council briefing from our agency, please contact [INSERT CHAIR and STAFF LIAISON CONTACT INFO]. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 1 43 Final Report- June 3, 2022 (revised 3/5/24) EXHIBIT H - BYLAWS TEMPLATE BY-LAWS INSERT APPOINTIVE AGENCY NAME ARTICLE I NAME The Name of the Organization shall be as established by Section of the City Code of the City of Virginia Beach. ARTICLE II PURPOSE INSERT PURPOSE ESTABLISHED BY CITY COUNCIL ARTICLE III OFFICERS INSERT INFORMATION ON OFFICERS OF ORGANIZATION AND THEIR DUTIES ARTICLE IV ELECTIONS INSERT INFORMATION ON NOMINATION AND ELECTION PROCESS FOR OFFICERS. ALSO INCLUDE INFORMATION ON TERMS OF OFFICE AND HOW VACANCIES ARE FILLED. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 1 44 Final Report- June 3, 2022 (revised 3/5/24) ARTICLE V QUORUM INSERT INFORMATION ON THE QUOROM REQUIREMENTS. ARTICLE VI AMENDMENT OF BY-LAWS INSERT INFORMATION ON THE AMENDMENT PROCESS. ARTICLE VII OPERATIONS AND AUTHORITY INSERT INFORMATION ON THE OPERATIONS FOR THE ORGANIZATION Adopted Approved by City Council CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS I 45 Final Report- June 3, 2022 (revised 3/5/24) EXHIBIT I - MEETING MINUTES TEMPLATE MEETING MINUTES TEMPLATE The regular meeting of the Insert Name of Aaencx was held on Insert Date at Insert Time a./p.m., at the Insert Location of the Meeting. MEMBERS PRESENT: Insert Names MEMBERS ABSENT: Insert Names LIAISONS PRESENT: Insert Names & Titles CITY STAFF PRESENT: Insert Names & Titles COUNCIL and AGENCY LIAISONS PRESENT: Insert Names CALL TO ORDER Insert name and title called the meeting to order at Insert time. "MINUTES SHOULD BE PREPARED AND FOLLOW IN SAME ORDER AS THE AGENDA MOTION TO APPROVE THE MINUTES FROM INSERT DATE(S) MEETING A motion was made by Insert Member Name, seconded by Insert Member Name, to approve the minutes from the INSERT DATE(S) meeting. The motion passed Insert Vote count or "unanimously". *if vote was not unanimous list members grouped by how they voted Members Voting Aye: Insert Members Votinq Aye Members Voting Nay: Insert Members Voting Nay Members Abstaining: Insert Members Abstaining A motion was made by Insert Member Name, seconded by Insert Member Name, to Insert Action of Motion. The motion passed Insert Vote count or "unanimously". *if vote was not unanimous list members grouped by how they voted Members Voting Aye: Insert Members Voting Ave Members Voting Nay: Insert Members Voting No Members Abstaining: Insert Members Abstaining CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 1 46 Final Report- June 3, 2022 (revised 3/5/24) CONTINUE MINUTES IN SAME ORDER AS THE AGENDA ADJOURNMENT There being no further business, the meeting was adjourned at Insert time. Insert Signature Insert Signature Type Name of who calls meeting to order Type Name of who prepares Minutes Title Title ATTACHMENTS Attach a copy of any presentations, policies or resolutions that were discussed or approved, and any disclosure or abstention letters submitted by a member (see below). ADDITIONAL INFORMATION TO BE INCLUDED IN THE MINUTES IN CERTAIN CIRCUMSTANCES ABSTENTIONS AND DISCLOSURES If a member abstained from a vote or made a disclosure about his or her interest in a matter that was the subject of a vote, the minutes should include information about the abstention or disclosure. If the member contacts the City Attorney's Office in advance or within 24 hours of the vote, the City Attorney's Office may prepare a disclosure or abstention letter for the member. If the member submits such a letter, the letter should be referenced in the minutes and included as an attachment. If instead the member orally discloses, for example, that she is abstaining because she has a financial interest in the business or land that is the subject of the vote, the minutes need to include the address of the company's primary business location or the address or GPIN of the land. REMOTE PARTICIPATION If the agency has adopted a remote participation policy that enables a member to participate in a meeting via video conferencing or conference call, and a member participates remotely pursuant to that adopted policy, the minutes must include all the information required by the policy, including but not limited to the location from which the member spoke and the reason for the remote participation. VIRTUAL MEETINGS Fully virtual meetings (without a quorum of the membership assembled in a meeting room open to the public) only are allowed by the Virginia Freedom of Information Act in limited circumstances. If the City Attorney's Office has advised that a meeting may be conducted virtually, ensure that the minutes contain all the information that is required by the law(s) that authorized the virtual meeting. Questions may be directed to the Public Policy Attorney or the attorney who advises the agency. CITIZENS COMMITTEE ON BOARDS AND COMMISSIONS 1 47 42 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Regarding Student Members of the Flood Prevention Bond Referendum Oversight Board MEETING DATE: March 5, 2024 ■ Background: On November 2, 2021, the citizens of Virginia Beach approved a referendum regarding the issuance of bonds to fund the design and construction of flood mitigation measures, with 72% voting to support the bond issuance. Two weeks later, 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. In January 2024, at the request of the Flood Prevention Bond Referendum Oversight Board, the City Council adopted a resolution to add two high school students to their membership, and the resolution specified that one student would be a junior, and one would be a senior. ■ Considerations: The City Council would have more flexibility in making appointments of student members if the requirement that one student be a junior and one be a senior was removed. This resolution provides that the board membership will continue to include two high school students as nonvoting members, but it repeals the requirement that one member be a senior and the other be a junior. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Resolution Requested by the City Council REQUESTED BY THE CITY COUNCIL 1 A RESOLUTION REGARDING STUDENT MEMBERS OF 2 THE FLOOD PREVENTION BOND REFERENDUM 3 OVERSIGHT 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, in January 2024, at the request of the Flood Prevention Bond 15 Referendum Oversight Board, the City Council adopted a resolution to add two high 16 school students to their membership, and the resolution specified that one student would 17 be a junior and one would be a senior, 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 20 OF VIRGINIA BEACH, VIRGINIA, THAT. 21 22 The membership shall continue to include two high school students as nonvoting 23 members, but the requirement that one member be a senior and the other be a junior is 24 hereby repealed. A quorum of the membership shall continue to be determined based 25 solely on the number of voting members present (and thus will not include the student 26 members) Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2024. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA16439 R-2 February 28. 2024 ,rosy' h�1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Establishing a Stormwater Management Implementation Advisory Group MEETING DATE: March 5, 2024 ■ Background: The City Council created the Process Improvement Steering Committee ("PISC") to provide recommendations to improve various aspects of the City's government. The Council referred the "Resolution to Adopt and Amend the Virginia Beach Comprehensive Plan 2016 regarding the Stormwater Impacts for Discretionary Land Use Applications" to the PISC, and the PISC recommended the establishment of a "work group to provide recommendations regarding how best to balance the need for stormwater management and flooding protection with development and redevelopment opportunities." This resolution establishes the recommended work group. ■ Considerations: The Stormwater Management Advisory Group ("Advisory Group") will serve in an advisory capacity to the City Council and consist of no more than 19 voting members, including residents, environmental professionals, and industry stakeholders. In addition to the voting members, the Advisory Group will include a Planning Commission liaison and two high school students as nonvoting members. The duties of the Advisory Group will be to: further review the topic of stormwater management and its impact and consequences on land use and redevelopment issues; identify whether there are any opportunities, advantages, or disadvantages to strengthening regulation alignment and specificity based on the City's varied drainage basin, and a property's land use and zoning characteristics; formalize a cost-sharing program relative to stormwater infrastructure and policy to include developing criteria for cost-sharing eligibility; and determine whether there are any opportunities to advance/incentivize Council-adopted policy and/or planning objectives, such as affordable housing, the preservation and enhancement of our City's tree canopy and open spaces, enhanced water quality, more sidewalks and paved paths, utilization of nature- based stormwater management practices in addition to grey infrastructure solutions, implementation of regional stormwater solutions, strategic and resilient approaches to redevelopment, and other preferred land use approaches, through stormwater management. ■ Public Information: This item will be advertised in the same manner as other agenda items. ■ Attachment: Resolution Requested by Mayor Dyer and Councilmember Schulman REQUESTED BY MAYOR DYER AND COUNCILMEMBER SCHULMAN 1 A RESOLUTION ESTABLISHING A STORMWATER 2 MANAGEMENT IMPLEMENTATION ADVISORY 3 GROUP 4 5 WHEREAS, the City Council created the Process Improvement Steering 6 Committee ("PISC") to provide recommendations to improve various aspects of the City's 7 government; 8 9 WHEREAS, the City Council referred the "Resolution to Adopt and Amend the 10 Virginia Beach Comprehensive Plan 2016 regarding the Stormwater Impacts for 11 Discretionary Land Use Applications" to the PISC, and the PISC has recommended the 12 establishment of a "work group to provide recommendations regarding how best to 13 balance the need for stormwater management and flooding protection with development 14 and redevelopment opportunities;" and 15 16 WHEREAS, the City Council agrees that such a work group would be beneficial; 17 18 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 21 1. That the City Council hereby establishes the Stormwater Management 22 Implementation Advisory Group ("Advisory Group"). 23 24 2. That the Advisory Group shall serve in an advisory capacity to the City Council, 25 and the City Council shall appoint its members. 26 27 3. That the Advisory Group shall consist of a total of no more than 19 voting 28 members, as follows: 29 30 a. No more than 11 subject matter experts and industry representatives 31 (such as environmental professionals, engineering consultants, land 32 use and/or environmental attorney(s), members of the real estate 33 development community, and representatives from conservation 34 organizations). 35 b. No more than 2 resident representatives for the Elizabeth River 36 Watershed who reside in either District 1 or District 4, appointed with the 37 concurrence of the Councilmembers representing Districts 1 and 4; 38 c. No more than 2 resident representatives for the Thalia Creek and 39 London Bridge Creek drainage basins (to include areas such as 40 Windsor Woods, Princess Anne Plaza, Green Run and Bow Creek) who 41 reside in either District 3 or District 10, appointed with the concurrence 42 of the Councilmembers representing Districts 3 and 10. 43 d. No more than 2 resident representatives for the Chesapeake Bay 44 Watershed and who reside in District 6, District 8, or District 9, appointed 45 with the concurrence of the Councilmembers representing Districts 6, 8, 46 and 9. 47 e. No more than 2 resident representatives for the Southern Rivers 48 Watershed who reside in District 2, District 5, or District 7, appointed 49 with the concurrence of the Councilmembers representing Districts 2, 5, 50 and 7. 51 52 4. That, in addition to the above-described voting members, the Advisory Group 53 shall include a nonvoting Planning Commission liaison and two high school students as 54 nonvoting members. A quorum of the membership shall be defined as a majority of the 55 then-appointed voting members, but no less than five. 56 57 5. That the duties of the Advisory Group shall be to: 58 59 • Further review the topic of stormwater management and its impact and 60 consequences on land use and redevelopment issues; 61 • Identify whether there are any opportunities, advantages, or disadvantages 62 to strengthening regulation alignment and specificity based on the City's 63 varied drainage basins, and a property's land use and zoning 64 characteristics; 65 • Formalize a cost-sharing program relative to stormwater infrastructure and 66 policy to include developing criteria for cost-sharing eligibility; and 67 • Determine whether there are any opportunities to advance/incentivize 68 Council-adopted policy and/or planning objectives, such as affordable 69 housing, the preservation and enhancement of our City's tree canopy and 70 open spaces, enhanced water quality, more sidewalks and paved paths, 71 utilization of nature-based stormwater management practices in addition to 72 grey infrastructure solutions, implementation of regional stormwater 73 solutions, strategic and resilient approaches to redevelopment, and other 74 preferred land use approaches, through stormwater management. 75 76 6. That the City Manager shall provide staff support on an as-needed basis (from 77 the Economic Development Department, Planning Department, the Department of Public 78 Works, the Office of Performance and Accountability, and any other relevant department) 79 and other support to the Advisory Group, including a professional facilitator to guide group 80 meetings, and the City Attorney shall also provide staff support. 81 82 7. That the Advisory Group may begin to meet upon the appointment of its 11tn 83 voting member. The Advisory Group shall provide its recommendations to the City 84 Council within six months of the appointment of its 1 1 t' voting member. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2024. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Off ice,- CA16215 R-5 February 28, 2024 1� 7) •J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing and Directing the City Manager to Execute a Mutual Aid Agreement for Fire and Rescue Services Among Localities in Hampton Roads MEETING DATE: March 5, 2024 ■ Background: In August 2011, the City Council passed an ordinance authorizing the City Manager to execute a Regional Mutual Aid Agreement for Fire and Emergency Medical Services between the cities of Chesapeake, Franklin, Hampton, Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, Virginia Beach, Williamsburg, and the counties of James City, Gloucester, Isle of Wight, Southampton, Surry and York. The updated Mutual Aid Agreement contains no material changes in terms. ■ Considerations: By executing this agreement, the City ensures its inclusion in this multi-jurisdictional Mutual Aid Agreement. This agreement is separate and distinct from the Statewide Mutual Aid agreement to which the City is also a party, as the statewide agreement is triggered when a state of emergency is declared, and aid is administered and coordinated through the State Emergency Operation Center. ■ Public Information: This item will be advertised in the same manner as other items on Council's agenda. ■ Recommendations: Adopt Resolution ■ Attachments: Resolution, Mutual Aid Agreement and Summary of Terms Recommended Action: Approval Submitting Department/Agency: Departments of Fire and EMS City Manager: 1 A RESOLUTION AUTHORIZING AND DIRECTING THE 2 CITY MANAGER TO EXECUTE A MUTUAL AID 3 AGREEMENT FOR FIRE AND RESCUE SERVICES 4 AMONG LOCALITIES IN HAMPTON ROADS, VIRGINIA 5 6 WHEREAS, Virginia law authorizes local governments to enter into reciprocal 7 agreements for mutual aid and for cooperation in the furnishing of fire and rescue 8 services; and 9 10 WHEREAS, it is deemed mutually beneficial to the Cities of Chesapeake, 11 Franklin, Hampton, Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, Virginia 12 Beach, Williamsburg, and the Counties of Accomack, Gloucester, James City, Isle of 13 Wight, Southampton, Sury, and York to enter into a regional agreement concerning 14 mutual aid and cooperation with regard to fire and rescue services, increasing the ability 15 of the local governments to promote the safety and welfare of the entire area. 16 17 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 20 1. That the Mutual Aid Agreement for fire and rescue services (the "Agreement") 21 is hereby approved. 22 23 2. That the City Manager is hereby authorized and directed to execute said 24 Agreement on behalf of the City of Virginia Beach in accordance with the 25 Summary of Terms attached hereto. 26 27 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 28 2024. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: Fire Department Risk Management APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ter.. r E rgency Medical Services City ttorney's O is CA 16435 R-2 February 16, 2024 AGREEMENT FOR MUTUAL AID FIRE AND RESCUE SERVICES Among Localities in Hampton Roads Virginia This Agreement is made and entered into this 18th day of March, 2024 by and among the cities of Chesapeake, Franklin, Hampton, Newport News,Norfolk, Poquoson, Portsmouth, Suffolk, Virginia Beach, and Williamsburg and the counties of Gloucester, James City, Isle of Wight, Southampton, Surry, and York, all within the Hampton Roads region of the Commonwealth of Virginia (each, a "Fire Department' or "Party," and together,the"Fire Departments" or"Parties"). WHEREAS,the Parties hereto desire to secure to each other the benefits of mutual aid in situations involving fire and rescue services and emergency medical services; and WHEREAS,the parties hereto are authorized to enter into this agreement by §§27- 1 et seq., and §44-146.20 of the Code of Virginia, 1950, as amended. NOW,THEREFORE, it is mutually agreed as follows: a. Each Fire Department may request and receive assistance,including but not limited to,equipment and personnel("Aid"),from another Fire Department, at any point within the area for which the requesting Fire Department normally provides services. b. Each Fire Department may provide Aid to another Fire Department upon request. C. Any two or more Fire Departments may designate Automatic Aid Response Areas where Aid may be dispatched from a Fire Department without a specific request from another Fire Department. d. The rendering of Aid under the terms of this Agreement shall not be mandatory, but the Fire Department receiving the request for Aid should immediately inform the requesting Fire Department if Aid cannot be rendered. e. Any dispatch of Aid pursuant to this Agreement is subject to the following conditions: (1) Any request for Aid hereunder shall include a statement of the amount and type of equipment and personnel requested, and shall specify the location and assigned radio channel to which the 1 equipment and personnel are to be dispatched,however,the amount and type of equipment and number of personnel to be furnished shall be determined by the responding Fire Department. (2) The personnel of the responding Fire Department shall report to the officer in charge from the requesting Fire Department at the location to which the equipment is dispatched, and shall be subject to the orders of that officer in charge. However,the chain of command of the responding Fire Department shall exercise final decision- making authority for its own equipment and personnel. Personnel shall continue to be subject to the applicable rules of conduct, regulations, and policies of their own Fire Department while acting pursuant to this Agreement. (3) The personnel and equipment of the responding Fire Department shall be released by the requesting Fire Department when the Aid from the responding Fire Department is no longer required or when the responding Fire Department is needed within the area for which it normally provides services. (4) Aid shall be provided as determined at the time of need and/or as agreed to for certain Automatic Aid Response Areas. (5) Any equipment used by a requesting Fire Department will be returned to the responding Fire Department in substantially the same condition as it was received. The requesting Fire Department shall be responsible for damage to equipment while in its care, custody, or control. f. Each Party waives all claims against the other Parties for any loss, damage, personal injury, or death occurring as a consequence of the performance of this Agreement. g. Each Party shall be responsible for the actions of its respective personnel and each shall at all times maintain insurance on its respective personnel and equipment. h. All equipment used by a responding Fire Department in carrying out this agreement will, at the time of action hereunder, be owned by it; and all personnel acting for a responding Fire Department under this Agreement 2 will, at the time of such action, be employees or volunteer members of the responding Fire Department. i. Actions taken and expenditures made pursuant to this Agreement shall be deemed conclusively to be for a public and governmental purpose and all of the immunities from liability enjoyed by a Party when acting through its fire fighters or emergency medical technicians for a public or governmental purpose within its territorial limits shall be enjoyed by it to the same extent when such Party is so acting, under this Agreement, beyond its territorial limits. j. The personnel of any Party to this Agreement, when acting hereunder, or under other lawful authority, beyond the territorial limits of their jurisdictions, shall have all the immunities from liability and exemptions from laws, ordinances and regulations, enjoyed by them while performing their respective duties. k. All compensation, retirement, disability, worker's compensation, life and health insurance, and other benefits to which said personnel are legally entitled shall extend to the services they perform under this Agreement. Each Party agrees that it shall be responsible for the provisions of all such benefits for its own personnel. 1. This Agreement rescinds and supersedes all previous written agreements and oral understandings relating to the provision of mutual aid for fire and rescue and emergency medical services between and among the Parties. M. Any of the Parties hereto may withdraw from this Agreement by giving thirty (30) days written notice to that effect to the other Parties at the addresses shown on the signature pages of each Party. This Agreement shall be in effect from and after March 18, 2024 and shall remain in effect until superseded, amended, or rescinded in writing by one or more participating signatory Parties. However, it shall remain in effect for all remaining signatory Parties unless or until it is terminated in writing by the parties. 3 CITY OF CHESAPEAKE By: City Manager ATTEST: Address for Notice: City Clerk Chesapeake City Manager 306 Cedar Road Chesapeake,Virginia 23322 Contents Approved: Fire Chief Chesapeake Fire Department Form&Correctness Approved: City Attorney 4 CITY OF FRANKLIN By: City Manager ATTEST: Address for Notice: City Clerk Franklin City Manager 207 W.2"d Avenue Franklin,Virginia 23851 Contents Approved: Fire Chief Franklin Fire&Rescue Form&Correctness Approved: City Attorney 5 CITY OF HAMPTON By: City Manager ATTEST: Address for Notice: City Clerk Hampton City Manager 8'h Floor,City Hall 22 Lincoln Street Contents Approved: Hampton,Virginia 23669 Fire Chief Hampton Fire&Rescue Form&Correctness Approved: City Attorney 6 CITY OF NEWPORT NEWS By: City Manager ATTEST: Address for Notice: City Clerk Newport News City Manager 2400 Washington Avenue Newport News, Virginia 23607 Contents Approved: Fire Chief Newport News Fire Department Form&Correctness Approved: City Attorney 7 CITY OF NORFOLK By: City Manager ATTEST: Address for Notice: City Clerk Norfolk City Manager 810 Union Street, Suite 1101 Norfolk,Virginia 23510 Contents Approved: Interim Fire Chief Norfolk Fire&Rescue Form&Correctness Approved: City Attorney 8 CITY OF POQUOSON By: City Manager ATTEST: Address for Notice: City Clerk Poquoson City Manager 500 City Hall Avenue Poquoson,Virginia 23662 Contents Approved: Fire Chief Poquoson Fire & Rescue Form&Correctness Approved: City Attorney 9 CITY OF PORTSMOUTH By: City Manager ATTEST: Address for Notice: City Clerk Portsmouth City Manager 801 Crawford Street Portsmouth,Virginia 23704 Contents Approved: Fire Chief Portsmouth Fire, Rescue & Emergency Services Form&Correctness Approved: City Attorney 10 CITY OF SUFFOLK By: City Manager ATTEST: Address for Notice: City Clerk Suffolk City Manager 442 W. Washington Street Suffolk,Virginia 23434 Contents Approved: Fire Chief Suffolk Fire &Rescue Form&Correctness Approved: City Attorney 11 CITY OF VIRGINIA BEACH By: City Manager ATTEST: Address for Notice: City Clerk Virginia Beach City Manager 2401 Courthouse Drive,Building 1 Virginia Beach,Virginia 23456 Contents Approved: Fire Chief Virginia Beach Fire Department Form&Correctness Approved: City Attorney 12 CITY OF WILLIAMSBURG By: City Manager ATTEST: Address for Notice: City Clerk Williamsburg City Manager 401 Lafayette Street Williamsburg,Virginia 23185 Contents Approved: Fire Chief Williamsburg Fire Department Form&Correctness Approved: City Attorney 13 GLOUCESTER COUNTY By: County Administrator ATTEST: Address for Notice: County Clerk Gloucester County Administrator 6489 Main Street,Building 2 Gloucester,Virginia 23061 Contents Approved: Emergency Management Coordinator Gloucester County Emergency Management Form&Correctness Approved: County Attorney 14 JAMES CITY COUNTY By: County Administrator ATTEST: Address for Notice: County Clerk James City County Administrator 101 Mounts Bay Road, Building D Williamsburg, Virginia 23185 Contents Approved: Fire Chief James City County Fire Department Form&Correctness Approved: County Attorney 15 ISLE OF WIGHT COUNTY By: County Administrator ATTEST: Address for Notice: County Clerk Isle of Wight County Administrator 17090 Monument Circle,#138 Isle of Wight,Virginia 23397 Contents Approved: Chief Isle of Wight Fire&Rescue Form&Correctness Approved: County Attorney 16 SOUTHAMPTON COUNTY By: County Administrator ATTEST: Address for Notice: County Clerk Southampton County Administrator 26022 Administration Center Drive Courtland,Virginia 23837 Contents Approved: President Southampton County Fire&Rescue Association Form&Correctness Approved: County Attorney 17 SURRY COUNTY By: County Administrator ATTEST: Address for Notice: County Clerk Surry County Administrator 45 School Street Surry,Virginia 23883 Contents Approved: Chief of Emergency Management Surry County Form&Correctness Approved: County Attorney 18 YORK COUNTY By: County Administrator ATTEST: Address for Notice: County Clerk York County Administrator 224 Ballard Street York,Virginia 23690 Contents Approved: Fire Chief York County Fire&Life Safety Form&Correctness Approved: County Attorney 19 SUMMARY OF TERMS 1. Event — an incident requiring Fire or EMS responses that exceeds the equipment and/or personnel resources of the member's Fire and Rescue/EMS Departments. 2. Mutual Aid Agreement — An agreement between sixteen localities to provide emergency services in the event an incident occurs that requires resources beyond those of the requesting locality's Fire and Rescue/EMS departments. 3. Nature — Outlines the procedures for the City of Virginia Beach to provide and receive Fire and Rescue/EMS manpower and equipment, if available, in an effort to effectively respond to emergency incidents. 4. Term—This Agreement is effective upon execution and may be terminated without cause upon thirty (30) days written notice to all other parties. This Agreement mirrors and will rescind the 2011 Agreement upon execution. 5. Insurance— Insurance requirements are met through the City of Virginia Beach's self-insurance program administered by Risk Management. T�'7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Declare 9,833± Sq. Ft. of City-Owned Property Located at Ferry Point Road to be in Excess of the City's Needs and Authorizing the City Manager to Convey to Meader Properties, LLC PUBLIC HEARING DATE: February 20, 2024 MEETING DATE: March 5, 2024 ■ Background: The City of Virginia Beach (the "City") owns two parcels of land located at the intersection of Ferry Point Road and Indian River Road, commonly known as GPINs: 1465-19-4298 & 1465-19-4242 (the "Properties"). The Properties are residual parcels from larger parcels that were acquired by condemnation for the Indian River Road — Phase V Project (CIP 2-080) in March 1992, which project is complete. The Properties consist of 9,833± sq. ft. Meader Properties, LLC (the "Applicant") owns an adjacent property located at 5505 Indian River Road (GPIN: 1465-19-4354). The Applicant desires to purchase the Properties and resubdivide them into its adjacent property to accommodate more parking, a new monument sign, and a dumpster enclosure. The Applicant has been advised that even if the City conveys the Properties, nothing obligates the City to any land use, rezoning, or other government approvals required for the Applicant's proposed use of the Properties. City staff has no objection to the conveyance, subject to the reservation of a 10' drainage easement along Ferry Point Road. Additionally, if the City conveys the Properties, the proceeds will be deposited in a transportation-related CIP, Traffic Safety Improvements IV — CIP 100423, because the Properties were acquired as part of a state-funded transportation project. ■ Considerations: Because the Properties were acquired by condemnation and previously put to a public use, an affirmative vote of three-fourths of all members of City Council is required to authorize the sale. ■ Public Information: A public hearing as required by Section 15.2-1800 Code of Virginia was advertised in The Virginian-Pilot on February 11, 2024, and will be held on February 20, 2024. Public information will also be provided through the normal City Council agenda process. ■ Alternatives: Deny the request or add conditions as desired by Council. ■ Recommendations: Approval. ■ Attachments: Ordinance, Exhibit A (Legal Description), Exhibit B (Summary of Terms), Location Map and Disclosure Statement Recommended Action: Approval of the Ordinance Submitting Department/Agency: Public Works/Real Estate City Manager:A-Y? 1 AN ORDINANCE TO DECLARE 9,833± SQ. 2 FT. OF CITY-OWNED PROPERTY 3 LOCATED AT FERRY POINT ROAD TO BE 4 IN EXCESS OF THE CITY'S NEEDS AND 5 AUTHORZING THE CITY MANAGER TO 6 CONVEY TO MEADER PROPERTIES, LLC 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of two parcels 9 of land located at the intersection of Ferry Point Road and Indian River Road, commonly 10 known as GPINs: 1465-19-4298 & 1465-19-4242 (the "Properties"), and more particularly 11 described on Exhibit A, attached hereto and made a part hereof; 12 13 WHEREAS, the Properties are residual parcels from larger parcels acquired 14 by condemnation for the Indian River Road — Phase V Project, CIP 2-080 (the "Project"), 15 which was a Virginia Department of Transportation (VDOT) funded project; 16 17 WHEREAS, Meader Properties, LLC, a Virginia limited liability company(the 18 "Applicant"), owns the parcel of land located at 5505 Indian River Road (GPIN: 1465-19- 19 4354), which is adjacent to the Properties; 20 21 WHEREAS, the Project is complete and the Applicant has requested to 22 purchase the Properties in order to resubdivide them into its adjacent property in 23 accordance with the terms and conditions set forth in the Summary of Terms, attached 24 hereto as Exhibit B and made a part hereof; and 25 26 WHEREAS, the City Council is of the opinion that the Properties are in excess 27 of the needs of the City. 28 29 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 30 OF VIRGINIA BEACH, VIRGINIA: 31 32 That the Properties are hereby declared to be in excess of the needs of the 33 City of Virginia Beach and that the City Manager is hereby authorized to execute any 34 documents necessary to convey the Properties to Applicant in accordance with the 35 Summary of Terms, attached hereto as Exhibit B, and such other terms, conditions or 36 modifications as may be acceptable to the City Manager and in a form deemed satisfactory 37 by the City Attorney. 38 39 This Ordinance shall be effective from the date of its adoption. 40 41 Adopted by the Council of the City of Virginia Beach, Virginia, on the 42 day of , 2024. THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO CITY COUNCIL CA 16262 R-1 Prepared: 2/7/24 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: Ojk.411.11 P BLIC WO S/REAL ESTATE O EY APPROVED AS TO CONTENT: Budget & anagement Services EXHIBIT A LEGAL DESCRIPTION FERRY POINT ROAD; GPIN: 1465-19-4298: ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate in the City of Virginia Beach, Virginia, and being more particularly bounded as follows. BEGINNING at a point on the southern right-of-way line of Indian River Road and the common corner between the parcel of land designated and described as "GPIN: 1465-19-4354 PROFESSIONAL CENTER ASSOCIATES (D.B. 2376, PG. 1332)" and the parcel of land designated and described as "009 GPIN: 1465-19-5236 INDIAN RIVER ROAD ASSOCIATES (D.B. 1874, PG 371) (D.B. 2776, PG. 458)" on that certain plat entitled "PLAT OF PROPERTY BEING ACQUIRED FROM INDIAN RIVER ASSOCIATES PARCEL 009, BY THE CITY OF VIRGINIA BEACH FOR C.I.P. 2-080 INDIAN RIVER ROAD - PHASE W, DATED January 22, 1991 , prepared by Engineering Services Inc., and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 218, Page 91; thence leaving said POINT OF BEGINNING and running with said southern right-of-way line S. 59' 55' 45" E. a distance of 4.87' to a point at the intersection of the western right-of-way of Ferry Point Road and the said southern right-of-way of Indian River Road; thence leaving Indian River Road and running along the western right-of-way of Ferry Point Road, S. 18' 11' 23" E. a distance of 52.50' to a point; thence continuing with said Ferry Point Road along a curve to the right having a radius of 1403.90' an arc length of 66.1 V and a delta angle of 020 41' 54" to a point; thence continuing along the said right-of-way of Ferry Point Road, S. 290 58' 42" W. a distance of 95.34' to a point; thence leaving the western right-of-way of Ferry Point Road and running N. 60' 04' 54" W. a distance of 44.50' to a point; thence running N. 290 40' 32" E. a distance of 196.50' to the POINT OF BEGINNING, containing 8,071 Sq. Ft. or 0.18529 Acres. LESS AND EXCEPT AND RESERVING UNTO THE CITY a 10' public drainage easement along the entire eastern boundary of the property abutting Ferry Point Road. RESERVING UNTO THE CITY all right, title and interest of the City in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to appurtenant to or in any way benefiting the City and/or public. IT BEING a portion of the same property acquired by the City of Virginia Beach from Indian River Road Associates, a Virginia general partnership, by Certificate of Take, dated January 22, 1992, recorded in the aforesaid Clerk's Office in Deed Book 3070, at page 1379, and confirmed by that Order Confirming Commissioner's Report entered on November 1 , 1993 and recorded in the aforesaid Clerk's Office in Deed Book 3295, at page 1053. FERRY POINT ROAD; GPIN: 1465-19-4242 ALL THAT certain lot, piece or parcel of land, being known, designated and described as "PARCEL 009A-1 NOT A BUILDALBE SITE CITY OF VIRGINIA BEACH 1465-19-4242" and further described as "009A-1 2,949 SO. FT. 0.068 ACRES," as shown on that certain plat entitled "RESUBDIVISION OF PARCEL A-2 (INST. NO. 20031 01 501 67649), PART OF PARCEL 009A (M.B. 218 PG. 92) & PART OF PARCEL 011 (M.B. 218, PG. 85) VIRGINIA BEACH, VIRGINIA", Scale: 1" = 20', dated May 25, , 2010, prepared by Ward M. Holmes, Land Surveyor, P.C. and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20100611000575200. LESS AND EXCEPT AND RESERVING UNTO THE CITY a 10' public drainage easement along the entire eastern boundary of the Property abutting Ferry Point Road. RESERVING UNTO THE CITY all right, title and interest of the City in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to appurtenant to or in any way benefiting the City and/or public. IT BEING a portion of the same property acquired by the City of Virginia Beach from Indian River Road Associates, a Virginia general partnership, by Certificate dated January 22, 1992, recorded in the aforesaid Clerk's Office in Deed Book 3070, at page 1379, and confirmed by Order Confirming Commissioners' Report entered on November 1 , 1993 and recorded in the aforesaid Clerk's Office in Deed Book 3295, at page 1053. EXHIBIT B SUMMARY OF TERMS SELLER: City of Virginia Beach ("City") BUYER: Meader Properties, LLC CITY PROPERTIES TO BE CONVEYED: 9,833± Sq. Ft. (0.225 acre) of City property located on Ferry Point Road (GPIN: 1465-19-4298 & 1465-19-4242), more particularly described on Exhibit A SALE PRICE: $20,000.00 CONDITIONS OF SALE: • The Properties are conveyed "AS IS, WHERE IS," by Special Warranty Deed, subject to all existing easements and restrictions of record. • Buyer shall adhere to all zoning ordinances and City Code requirements to develop the Properties. • City will reserve a 10-foot public drainage easement along Ferry Point Road. • Buyer shall resubdivide the Properties into the adjacent property located at 5505 Indian River Road and vacate interior lot lines. • Buyer shall be responsible for its own closing costs, recording fees, and attorney's fees. • The City has the right to terminate the sale if closing has not occurred on or before December 31, 2027. ¢° N APRpVIDENpERD y ❑ ? W E co 15' Existing Utility Easement z �F'QRo Q� S SI FERRELL PW 0 1465-19-4298 MEADER PROPERTIES, LLC 7,129 SQ. FT. 1465-19-4354 18,468 SQ. FT. Proposed 10' Drainage Easement 1465-19-4242 0 �FR 2,704 Sq. Ft. �yA R� O Legend Proposed 10' Drainage Easement LOCATION MAP m... ~ 15' Existing Utility Easement PROPERTY OF CITY OF VIRGINIA BEACH 1465-19-4298 O GPIN 1465-19-4298 ,,, 1465-19-4242 GPIN 1465-19-4242 I�u City Property Feet 0 50 100 200 Prepared by P.W./Eng./Eng. Support Services Bureau 01/30/2024 X:\Projects\ARC Files\AGENDA MAPS\City Property\1465-19-4242\1465-19-4242 4298 01 30 24.mxd �y E 15' Existing Utility Easement 2 ' h. A-Z Ilk Ik / f 1465-19-4298 ., If MEADER PROPERTIES, LLC a 1 7,129 SQ. FT. � 1 \ <465-19-4354 18,468 SQ. FT. �i► t s , N a Y � � ram , w Proposed 10' Drainage Easement V ' IRV 465-19-4242 • " 2,704 Sq. Ft. s ,� ,k AW Legend .�. Proposed 10' Drainage Easement , LOCATION MAP ' t PROPERTY OF --- 15' Existing Utility Easement w` CITY OF VIRGINIA BEACH 1465-19-4298 a �: � ` ,' , GPIN 1465-19-4298 1465-19-4242 -' ` •_ ' GPIN 1465-19-4242 City Property M Feet �' �" 0 50 100 200 Prepared by P.W./Eng./Eng.Support Services Bureau 01/30/2024 X:\Projects\ARC Files\AGENDA MAPS\City Property\1465-19-4242\1465-19-4242 4298 01 30 24.mxd Disclosure Statement City of Virginia Btrich Planning & Community 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 Meader Properties, LLC a Virginia limited liability company 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? 0 Yes ❑ NO • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Lon B. Meader&Lucy Meader • If yes, list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) Meader Properties LLC, Meader Family Dentistry '"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 City of vtryinia ee ch 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? ❑ Yes ® No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ® Yes ❑ No • If yes,identify the financial institutions providing the service. Southern Bank&Trust Company 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ® No • If yes,identify the company and individual providing the service. 3. Does the 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. Zuckerman and Associates 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 M 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 0 No • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 1 P a g e Disclosure Statement Oty of Virginia Beach 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 N 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 0 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 Lon B. Meader Lucy Meader Print Name and Title February 2,2024 February 2,2024 Date Is the applicant also the owner of the subject property? ❑ Yes ❑ 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 changes as of Date Signature Print Name Revised 11.09.2020 3 1 P a g e Disclosure Statement Qiy of Virginia Beach Planning & Community Development Continue to Next Page for Owner Disclosure Revised 11.09.2020 4 Disclosure Statement W City of Virginia Bawh Planning & Community Development Owner Disclosure Owner Name City of Virginia Beach Applicant Name Meader Properties, LLC a Virginia limited liability company 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 Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes ® NO • If yes,what is the name of the official or employee and what is the nature of the interest? '"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 Disclosure Statement CV y of Virginia Beadi Planning & Community Development 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 M No • If yes,identify the financial institutions providing the service. 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes ■ No • If yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the firm and individual providing the service. 4. Does the Owner have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes 0 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 M NO • If yes,identify the firm and individual providing the service. Revised 11.09.2020 6 1 P a g e Disclosure Statement City of Virginia Basch Planning & Community Development - 8. Is the Owner 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 legal the service. Owner 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. Owner Signature Lon B. Meader Lucy Meader Print Name and Tit February 2,2024 February 2,2024 Date Revised 11.09.2020 7 1 P a g e CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a City-owned Drainage, Maintenance and Variable Width Impoundment Easement, located at the rear of 5945 Glen View Drive MEETING DATE: March 05, 2024 ■ Background: Laarni Hinze (the "Applicant") has requested permission to maintain an existing fence and to construct and maintain a rip rap revetment (collectively, the "Temporary Encroachment") into a City-owned 10' and 20' drainage easement, a 15' maintenance easement and variable width impoundment easement, located at the rear of 5945 Glen View Dr (GPIN: 1454-86-6968). ■ Considerations: City staff reviewed the Temporary Encroachment and have recommended approval of same, subject to certain conditions outlined in the Agreement. ■ Public Information: Public notice will be provided via the normal City Council agenda process. ■ Alternatives: Deny the Temporary Encroachment or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Agreement, Exhibit, Photos, Location Map and Disclosure Statement. Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager: AD 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO A 5 CITY-OWNED DRAINAGE, MAINTENANCE 6 AND VARIABLE WIDTH EASEMENT, 7 LOCATED AT THE REAR OF 5945 GLEN 8 VIEW DRIVE 9 10 11 WHEREAS, Laarni Hinze requests permission to maintain 225 LF of a 6' tall 12 vinyl privacy fence and to construct and maintain 167 LF of a riprap revetment(collectively, 13 the "Temporary Encroachment") into City-owned easements known as a 10' and a 20' 14 drainage easement, a 15' maintenance easement and a variable width easement, located 15 at the rear of Glen View Drive (GPIN: 1454-86-6968); and 16 17 18 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 19 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 20 the City's easements subject to such terms and conditions as Council may prescribe. 21 22 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 26 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Laarni Hinze, her heirs, assigns 27 and successors in title are authorized to construct and maintain the Temporary 28 Encroachment within the City's easements as shown on the map entitled: "EXHIBIT `A' — 29 ENCROACHMENT REQUEST FOR AN EXISTING FENCE, TO REMOVE EXISTING 30 PLYWOOD RETAINING WALL AND FILL AND PROPOSED RIP RAP REVETMENT FOR: 31 LAARNI HINZE, 5945 GLEN VIEW DRIVE LOT 999, SECTION 5B, ALEXANDRIA, M.B. 32 211 , PG 79 & 80," Scale: 1" = 30', dated July 28, 2023, prepared by Stone Green 33 Consulting, LLC, a copy of which is attached hereto as Exhibit "A" and on file in the 34 Department of Public Works and to which reference is made for a more particular 35 description; 36 37 BE IT FURTHER ORDAINED, that the Temporary Encroachment is expressly 38 subject to those terms, conditions and criteria contained in the agreement between the City 39 of Virginia Beach and the Applicant (the "Agreement"), an unexecuted copy of which has 40 been presented to the Council in its agenda and will be recorded among the records of the 41 Clerk's Office of the Circuit Court of the City of Virginia Beach. 42 43 BE IT FURTHER ORDAINED, that the City Manager or his authorized 44 designee is hereby authorized to execute the Agreement; and 45 44 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 45 such time as Laarni Hinze and the City Manager or his authorized designee execute the 46 Agreement. 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 48 day of , 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: UB IC WO S / REAL ESTATE DANA R. HARMEYER SENIOR CITY ATTORNEY CA16249 R-2 Prepared: January 11 , 2024 c:\users\anegronrodriguez\appdata\local\microsoft\windows\inetcache\content.outlook\mtigeki0\ord revised.doc vc'r� HINZE ENCROACHMENT EXHIBIT N 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE W E COMPILATION OF DEEDS AND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. S VRADIUS ARC LENGTH M.B.211 PG.80 Cl I 200.00 92.70 185.33 N 82 0144 W 55 12 17 0�4t N L T H O,, \ LOT 985 NOW OR FORMERLY \ SILVIA BASS GPIN: 1454-87-7048 INST#20150224000154570 SEAN E. GREEN \ M.B.207 P.74&75 LIC. NO. 0402064 \ VARIABLE WIDTH IMPOUNDMENT EASEMENT(M.B.211,PG.80) 2 1 3 / LAKE\\ �SO��Q \\ 20'DRAINAGE EASEMENT APPROXIMATE PREVIOUS EDGE OF ss/0 AL�� / N 35°34'16•E\ �F (M.B.211,PG.80) WATER SCALED FROM GOGGLE / / N 35-3' \ \ EARTH 2O21 AERIAL IMAGE \ \ AREA OF FILL TO BE REMOVED TO rx ACHIEVE ORIGINAL 12'CONTOUR\ / OHW @ PLYWOOD (APPROXIMATELY 2,500 SF) RETAINING WALL \ \\ { Z / EXISTING PLYWOOD RETAIN)1VG v:9`O LOT 1000 / 0°Z R'+:E WALL TO BE REMOVED \ \ NOW OR FORMERLY / / .wo a O A O DEOING ZHU&YI CHEN / \ NJ T GPIN: 1454-87-5092 / / 1 \ \ -0 P 0 10 INST#202303026052 0 K 00 M.B.211 P.80 / / / \ � 0 0 n m PLYWOOD RETAINING \ n \ °a 10'DRAINAGE / / WALL TO BE REMOVED \ m EASEMENT / / \ s \ O (M.B.211,PG.80) / / / EXISTING PLYWOOD / woo RETAINING WALL \ EX.VINYL FENCE TO BE REMOVED \ / / LOT 999 18"FLARED \ / NOW OR FORMERLY DRAIN PIPE LAARNI HINZE /•• / GPIN: 1454-86-6968 / \ i INST#20200423000352970 / / M.B.211 P.79&80 15'MAINTENANCE / EASEMENT EX.VINYL FENCE (M.B.211,PG.80) SO`FNVV PIN(F) F � R�Cy IV O Cl M.e rOF R/IiF �I7,oq 50'TO INTERSECTION 8p WITH WYNDHAM COURT EXISTING CONDITIONS 0 30 60 EXHIBIT A'-ENCROACHMENT REQUEST FOR AN EXISTING FENCE, TO REMOVE EXISTING PLYWOOD RETAINING WALL SCALE: 1"=30' AND FILL AND PROPOSED RIP RAP REVETMENT ENGINEERING SERVICES PROVIDED BY: FOR: LAARNI HINZE STONE GREEN CONSULTING,LLC 5945 GLEN VIEW DRIVE 4014 MEDINA ROAD#1015,AKRON,OH 44333 LOT 999, SECTION 513,ALEXANDRIA, M.B. 211, PG. 79&80 (330)883-2117 JULY 28, 2023 PAGE 1 OF 3 Cp2023 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED HINZE ENCROACHMENT EXHIBIT N 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE W E COMPILATION OF DEEDS AND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. SI CURVE I RADIUST N D AN M.B.211 PG.80 Cl 200 2.70 185.33 N 82 0144'W 55u12 17' �tNLTH OF LOT 985 NOW OR FORMERLY SILVIA BASS Z GPIN: 1454-87-7048 SEAN E. GREEN �. \ \\ INST#20150224000154570 M.B.207 P.74&75 LIC. N0. 04020640 \ VARIABLE WIDTH IMPOUNDMENT EASEMENT(M.B.211,PG.80) flu APPROXIMATE PREVIOUS EDGE OG�FS S 80)O 14L F-NG\ / LAKE\\\?s0'gyp\\ (M.B.211PG.g EASEMENT WATER SCALED FROM GOOGLE / N 35°34'16"E \ \F \ EARTH 2O21 AERIAL IMAGE ti/ / 101.60' \ \ \ 1 \ OHW @ PLYWOOD \ \ r" \ y� RETAINING WALL \ j Z LOT 1000 // / �•� \ \\ 0°Z P+ NOW OR FORMERLY / \ \ \ w{,3:0 p DEOING ZHU&YI CHEN / LOT 999 \ �,"'Z T 0 GPIN: 1454-87-5092 / / NOW OR FORMERLY \ 'o n 0.0 INST#202303026052 / / LAARNI HINZE J, o 00 r1 m °o M.B.211 P.80 '\ / GPIN: 1454-86-6968 o ,0 0a INST#20200423000352970 \ 0 10'DRAINAGE / ��0/ M.B.211 P.79&80 \ -? \ a EASEMENT / / / / \ s \ 0 (M.&211,PG.80) V EX.VINYL FENCE / / o00 18"FLARED DRAIN PIPE \ / *255 LF OF 6'TALL VINYL 15'MAINTENANCE ~ PRIVACY FENCE \ EASEMENT / SS' EX.VINYL FENCE (M.B.211,PG.80) GlFN \ l IS Ao' Sp 32' IN(F) 4f!/G4 p D,Q/� Cl -177,'0 F Iv4 y 50'TO INTERSECTION 80 WITH WYNDHAM COURT EXISTING FENCE EXHIBIT 0 30 60 EXHIBIT'A'-ENCROACHMENT REQUEST FOR AN EXISTING FENCE, TO REMOVE EXISTING PLYWOOD RETAINING WALL SCALE: 1"=30' AND FILL AND PROPOSED RIP RAP REVETMENT ENGINEERING SERVICES PROVIDED BY: FOR: LAARNI HINZE STONE GREEN CONSULTING,LLC 5945 GLEN VIEW DRIVE 4014 MEDINA ROAD#1015,AKRON,OH 44333 LOT 999,SECTION 56,ALEXANDRIA, M.B. 211, PG. 79&80 (330)883-2117 JULY 28, 2023 PAGE 2OF 3 ©2023 WATERFRONT CONSULTING,INC. ALL RIGHTS RESERVED HINZE ENCROACHMENT EXHIBIT N 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. A�L- 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE W jr E COMPILATION OF DEEDS AND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS S REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. CURVE M.B.211 P 185.33 W 55°12 17' NLTH �F` 169 LF OF QUARRY STONE RIP RAP REVETMENT* TOTAL WOOD DECK DOES NO ENCROACH ON ANY EASEME NTS ENTS LOT 985 / * NOW OR FORMERLY O NO NEW FILL WILL BE ADDED SILVIA BASS 2 \ GPIN: 1454-87-7048 INST#20150224000154570 SEAN E. GREEN n / \\ M.B.207 P.74&75 LIC. N0. 0402064005 VARIABLE WIDTH IMPOUNDMENT EASEMENT(M.B.211,PG.80) 12-14-23 ���` / / LAKE \ `r0,��' \ 20'DRAINAGE EASEMENT APPR F I E OF / \ \�'' (M.B.211,PG.80) WATE OOGLE / / N 35'34'16"E \ \F \ EARTH 20 1 AERIAL IMAGE / // 101.60' \\ \ < z LOT 1000 EXISTING PLYWOOD RETAINING \ z NOW OR FORMERLY / ) ' WALL TO BE REMOVED \ \ \ 3 0 r DEQING ZHU&YI CHEN / ]C LOT 999 \ ""'0 T O GPIN: 1454-87-5092 / /o� NOW OR FORMERLY \ o ado .°o INST#202303026052 / / fib. -n LAARNI HINZE v, \ o00 n m M.B.211 P.80 / / / GPIN: 1 454 86 6968 �� '0 P 0 / INST#20200423000352970 \ < 10'DRAINAGE M.B.211 P.79&80 \ \ m EASEMENT / / 0'S / \ s \ O (M.B.211,PG.80) / / EXISTING PLYWOOD \ \� / wo EX.VINYL FENCE RETAINING WALL/ °F�K l C TO BE REMOVED \ a DRAIN PIPE \ a, Im(F) ' /� �0 46' 15'MAINTENANCE EASEMENT / EX.VINYL FENCE i (M.B.211,PG.80) so. !i/F l� SIN(F) /may IVo c1 / MB T_0 R/VF ljI,oC Gji�y / 50'TO INTERSECTION 8o / WITH WYNDHAM COURT PROPOSED IMPROVEMENTS 0 30 60 EXHIBIT'A'-ENCROACHMENT REQUEST FOR AN EXISTING FENCE, TO REMOVE EXISTING PLYWOOD RETAINING WALL SCALE: 1"=30' AND FILL AND PROPOSED RIP RAP REVETMENT ENGINEERING SERVICES PROVIDED BY: FOR: LAARNI HINZE STONE GREEN CONSULTING,LLC 5945 GLEN VIEW DRIVE 4014 MEDINA ROAD#1015,AKRON,OH 44333 LOT 999, SECTION 5B,ALEXANDRIA, M.B. 211, PG. 79&80 (330)883-2117 DULY 28, 2023 PAGE 30F 3 CQ2023 WATERFRONT CONSULTING,INC. ALL RIGHTS RESERVED PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this 10 day of 2024, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and LAARNI HINZE, HER HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee". WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "999", as shown on that certain plat entitled: "SUBDIVISION OF ALEXANDRIA SECTION FIVE-B KEMPSVILLE BOROUGH VIRGINIA BEACH, VIRGINIA," SCALE: 1"= 60', dated August,1990, prepared by Basgier and Associates, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 211, at page 79, 80 and 81 respectively, and being further designated, known, and described as 5945 Glen View Drive, Virginia Beach, Virginia 23464; WHEREAS, it is proposed by the Grantee to maintain an existing 225 LF of a 6' tall vinyl privacy fence, and to construct and maintain167 LF of rip rap revetment, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into City-owned easements known as a 10' and a 20' drainage easement, a 15' maintenance easement, and a variable width impoundment easement, collectively, the "Encroachment Area"; and GPIN: NO GPINS ASSIGNED (CITY-OWNED DRAINAGE, MAINTENANCE AND VARIABLE WIDTH EASEMENTS) 1454-86-6968 (5945GLEN VIEW DRIVE) WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit. A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT 'A' — ENCROACHMENT REQUEST FOR AN EXISTING FENCE, TO REMOVE EXISTING PLYWOOD RETAINING WALL AND FILL AND PROPOSED RIP RAP REVETMENT FOR: LAARNI HINZE 5945 GLEN VIEW DRIVE LOT 999, SECTION 513, ALEXANDRIA, M.B. 211, PG. 79 & 80," Scale: 1" = 30', dated JULY 28, 2023, prepared by Stone Green Consulting, LLC., a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the existing City-owned 24' storm drain outfall at the east end of the property must remain undisturbed during construction, maintenance, and duration of the revetment. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents, and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the attached Exhibit or in this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. 3 It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. 4 IN WITNESS WHEREOF, LAARNI HINZE, the said Grantee, has caused this Agreement to be executed by her signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By: (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2024, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public My Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2024, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public My Notary Registration Number: My Commission Expires: 6 Laar inze OF Vlac,lalA CITY OUNTY OF V(gz t,4,a, $coed, to-wit: The foregoing instrument was acknowledged before me this (btu' day of FcgczuAe�t 2024, by Laarni Hinze, owner. (SEAL) Notary ublic My Notary Registration Number: -7 7 7&1-7� BRIAN Notary PubliDOUGLAS cRSONS My Commission Expires: -,4,o �tnelE W2,co Commonwealth of Virginia Registration No.7776176 My Commission Expires Jun 30, 2026 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM P BL C WoRks - REAL ESTATE DANA HARMEYER SENIOR CITY ATTORNEY 7 vc4t," HINZE ENCROACHMENT EXHIBIT N 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE W E COMPILATION OF DEEDS AND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. S M.B.211 PG.80 1 Cl I 200.00 92.70 185.33 N 82 0144 W 55 12 17' T H 0'r \ LOT 985 \ NOW OR FORMERLY SILVIA BASS GPIN: 1454-87-7048 INST#20150224000154570 SEAN E. GREEN \\ M.B.207 P.74&75 LIC. N0. 0402 64 VARIABLE WIDTH IMPOUNDMENT A EASEMENT(M.B.211,PG.80) 12 1 3 / LAKE 20'DRAINAGE EASEMENT APPROXIMATE PREVIOUS EDGE OF FSS/� AIt EN / N 35.34'16'E (M.B.21 1,PG.80) WATER SCALED FROM GOOGLE / / 10160' \ \ EARTH 2O21 AERIAL IMAGE . \ AREA OF FILL TO BE REMOVED TO / / \ _ ACHIEVE ORIGINAL 12'CONTOUR\ / OHW @ PLYWOOD z (APPROXIMATELY 2,500 SF) / RETAINING WALL \ \\ Z EXISTING PLYWOOD RETAIN)NG 0 '` 0 LOT 1000 / 00 Z R+ NOW OR FORMERLY \/ / WALL TO BE REMOVED \ \ \ _ 0 r DEOING ZHU&YI CHEN / \ \ —Ln O-n GPIN: 1454-87-5092 / / > \ \ 70 n A•00 INST#202303026052 / / \ o do D 3 CO M.B.21 1 P.80 0 n m PLYWOOD RETAINING \ p�o, \ °c a 10'DRAINAGE WALL TO BE REMOVED EASEMENT O (M.B.211,PG.80) / / / EXISTING PLYWOOD RETAINING WALL EX.VINYL FENCE / / F�O Il TO BE REMOVED / LOT 999 18'FLARED \ / NOW OR FORMERLY DRAIN PIPE \ LAARNI HINZE / \ / GPIN: 1454-86-6968 INST#20200423000352970 / / M.B.211 P.79&80 15'MAINTENANCE EASEMENT / / EX.VINYL FENCE (M.B.211,PG.80) GAF / \ so, N I/-lF /\ PIN(F) e�GyRIG, l:O O,Qij��. � c1 I,Aq lZigy 50'TO INTERSECTION 8p WITH WYNDHAM COURT EXISTING CONDITIONS 0 30 60 EXHIBIT'A'-ENCROACHMENT REQUEST FOR AN EXISTING FENCE, TO REMOVE EXISTING PLYWOOD RETAINING WALL SCALE:1"=30' AND FILL AND PROPOSED RIP RAP REVETMENT ENGINEERING SERVICES PROVIDED BY: FOR: LAARNI HINZE STONE GREEN CONSULTING,LLC 5945 GLEN VIEW DRIVE 4014 MEDINA ROAD#1015,AKRON,OH 44333 LOT 999,SECTION 513,ALEXANDRIA, M.B. 211, PG. 79&80 (330)883-2117 JULY 28, 2023 PAGE 10F 3 ©2023 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED vc✓ ✓ HINZE ENCROACHMENT EXHIBIT N 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE W — E COMPILATION OF DEEDS AND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. S TH M.B.21 1 PG.80 Cl 200 2.70 185.33 N 82 0144 W 55 12 17 TH OF LOT 985 NOW OR FORMERLY \ SILVIA BASS O Z \ GPIN: 1454-87-7048 SEAN E. GREEN >, \ \ INST#20150224000154S70 \ M.B.207 P.74&75 VC. N0. 04020640 VARIABLE WIDTH IMPOUNDMENT -O •� EASEMENT(M.B.211,PG.80) IFS 12-14 3 G\ / LAKE 20'DRAINAGE EASEMENT APPROXIMATE PREVIOUS EDGE O SRO L EN \ \�'• (M.B.211,PG.80) WATER SCALED FROM GOOGLE / N 35'34'16'E \ \E \ EARTH 2O21 AERIAL IMAGE 1• / / 101.60' \ \ \ b / / OHW @ PLYWOOD \ Z \ yh RETAINING WALL \ \ a LOT 1000 W Z NOW OR FORMERLY / \ \ DEOING ZHU&YI CHEN / \ \ LOT 999 \ �2 O a-O GPIN: t454-87-5092 / / NOW OR FORMERLY Z O 10 NJ INSTN 2023030260S2 LAARNI HINZE ry 4 a 00 M.B.211 P.80 / / K / / / GPIN: 1454-86-6968 a \ tn 0 a / INST#i 202004230003S2970 P 10'DRAINAGE / q�O/ / M.B.211 P.79&80 EASEMENT / / / s a (M.B.211, PG.80) / / / / / O EX.VINYL FENCE 18•FLARED / $0, // / / / \ DRAIN PIPE I (F) W / a3 / oaf *255 LF OF 6'TALL VINYL 15"MAINTENANCE ^' PRIVACY FENCE \ EASEMENT (M.B.21 I,PG.80) G`�CN � l js S' EX.VINYL FENCE S� / /F� l D 40 IN IF) 'I''eGyT.O �R cl 32 50'TO INTERSECTION 80 WITH WYNDHAM COURT EXISTING FENCE EXHIBIT 0 30 60 EXHIBIT A'-ENCROACHMENT REQUEST FOR AN EXISTING FENCE, TO REMOVE EXISTING PLYWOOD RETAINING WALL SCALE:1"=30' AND FILL AND PROPOSED RIP RAP REVETMENT ENGINEERING SERVICES PROVIDED BY: FOR: LAARNI HINZE STONE GREEN CONSULTING,LLC 5945 GLEN VIEW DRIVE 4014 MEDINA ROAD#f1015,AKRON,OH 44333 LOT 999,SECTION 5B,ALEXANDRIA, M.B. 211, PG. 79 &80 (330)883-2117 JULY 28, 2023 PAGE 20F 3 ©2023 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED HINZE ENCROACHMENT EXHIBIT N 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT Of A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE W E COMPILATION OF DEEDS AND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. S M.B.21 1 P . Cl 1 200.00 192.70 185.33 N 82 3144 W 55 12 17 169 LF OF QUARRY STONE RIP T H OF` * P REVETMENT TOTAL WOOD DECK DOES NOT NC ENCROACH ON ANY EASEMENTS LOT 985 NO NEW FILL WILL BE ADDED NOW OR FORMERLY SILVIA BASS y \ GPIN: 1454-87-7048 INSTN 20150224000154570 SEAN E. GREEN D /�` \\ M.B.207 P.74&75 LIC. N0. 0402064005 VARIABLE WIDTH IMPOUNDMENT AL / / \ 6 �e \ EASEMENT(M.B.211,PG.80) 12-14-23 �� / / LAKE\\ ?so."�- \\ 20'DRAINAGE EASEMENT APPR I E OF / / \ ' (M.B.211,PG.80) WATE OOGLE / / N 35°34'16'E \ \E \ EARTH 20 1 AERIAL IMAGE / / 101.60' \ \ \ 1 EXISTING PLYWOOD RETAINING ° 0 h' NOW OR FORMERLYLOT 1000 WALL TO BE REMOVED \ \ W? 0 DEOING ZHU&YI CHEN / LOT 999 \ \ -, O-n GPIN: 1454-87-5092 / /o� NOW OR FORMERLY \ n 10 INSTN 202303026052 LAARNI HINZE n, D °D M.B.211 P.80 / / - / GPIN: 1454-86-6968 \ o in 0 a P A INSTN 20200423000352970 `fly \ '- 10'DRAINAGE / / M.B.211 P.79&80 o \ m0 EASEMENT / / 0'S' (M.B.21 1,PG.80) / / P. EXISTING PLYWOOD / a 00 / RETAINING WALL EX.VINYL FENCE \ / F�K / TO BE REMOVED 18'FLARED \ DRAIN PIPE \ I (F) / / 46' \ 1 o 15'MAINTENANCE (M.B.21 EASEMENT PG 80) G��C l / EX.VINYL FENCE SO' V/�C� l� / -PIN(F) ,ye4 �iQ4- NCl lI1 P FGji�y 50'TO INTERSECTION 80 WITH WYNDHAM COURT PROPOSED IMPROVEMENTS 0 30 610 EXHIBIT'A'-ENCROACHMENT REQUEST FOR AN EXISTING FENCE, TO REMOVE EXISTING PLYWOOD RETAINING WALL SCALE: 1"=30' AND FILL AND PROPOSED RIP RAP REVETMENT ENGINEERING SERVICES PROVIDED BY: FOR: LAARNI HINZE STONE GREEN CONSULTING,LLC 5945 GLEN VIEW DRIVE 4014 MEDINA ROAD#1015,AKRON,OH 44333 LOT 999, SECTION 5B,ALEXANDRIA, M.B. 211, PG. 79 &80 (330)883-2117 1ULY 28, 2023 PAGE 30F 3 ©2023 WATERFRONT CONSULTING,INC. ALL RIGHTS RESERVED DocuSlgn Envelope ID:AF383025-EOA5-4105-B2B1-5ED581571E33 Hinze Encroachment Picture Exhibit A. View Looking Northwest(Picture taken May 2023). Applicants'residence is the nearest(white)house. RAIN PIPE ' ' J i I' ♦ , _ 4 � dill• •i. t� �,. .Sw �.t. Z��'tit �'.]l Z���S�������� _ '♦ , . RGrW` at �+�/MilIRl7��'�Y View looking Southeast(Picture taken August 2023) DocuSign Envelope ID:AF383025-EOA5-4105-B2Bl-5ED58157IE33 EncroachmentHinze in Pi View { 1 » i'�-a�* � _ a t • ti1�`-�)t 1 S. -s b. •.j��i• �1fiiV v.f r.f -a f'S ' ��• �� i - - � ••ti z ,Y ''b r looking • 2023) polo View r u `t looking • from •• of •.nk(picture taken August 2023) DocuSign Envelope ID:AF383025-EOA5-4105-B2B1-5ED581571E33 Hinze Encroachment Picture Exhibit . ._..._ Overhead view(picture taken May 2023) �Wlw_ >u W E S 717 4t Y ,m Ij� �a� • -R :a ^ . e LOCATION MAP ENCROACHMENT REQUEST Legend �yFsgp Fq�y FOR LAARNI HINZE GPIN: 1454-86-6968 Q1454-86-6968 !3 �'��F Feet City Property 0 50 100 200 Prepared by P.W./Enq./Enq.Support Services Bureau 09/20/2023 X:\CADD\Proiects\ARC Files\AGENDA MAPS\1454-86-6968\1454-86-6968 Aerial.mxd A N l c , as v 02 h W E 1-7 m Q SITE L� 0 o C, z V/RG/ LOCATION MAP C ENCROACHMENT REQUEST Legend h 434P FgCy FOR LAARNI HINZE c G PI N: 1454-86-6968 1454-86-6968 `��� Feet City Property 0 50 100 200 Prepared by P.W./Enq./Enq.Support Services Bureau 09/20/2023 X:\CADD\Proiects\ARC Files\AGENDA MAPS\1454-86-6968\1454-86-6968.mxd DocuSign Envelope ID:AF383025-EM►5r410&eM1-5EDb81571E33 DfSCIOS ary of"NOM-U sin Planning& Community 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 Laarni Hinze Does the applicant have a representative? ■ Yes ❑ No • If yes,list the name of the representative. Robert Simon-Waterfront Consulting,Inc. 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 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. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities.` See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. 11Page DoceSign Emielope ID:AF38=15-MA.r41IO&82Bt-SED581571E33 cuv�ti�� " Planning & Community Developm _ Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes ® No • If yes,what is the name of the official or employee and what is the nature of the interest? .Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ® No • If yes,identify the financial institutions. NO 2. Does the applicant have areal estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes 12 No • If yes,identify the real estate broker/realtor. 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 or individual providing the service. No 4. Does the applicant have services from an architect/landscape archttect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes H NO • If yes,identify the firm or 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. 2 1 P a g e DowSign Envelope ID:AF383025-EOA5-4105-BM1-6ED581b71E33 Disclosure State . ` Planning&Community Developme 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 construction contractor. 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 engineer/surveyor/agent. Agent-Robert Simon,Waterfront Consulting,Inc. Engineer-Sean Green, P.E. 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 0 NO • If yes,identify the name of the attorney or firm providing legal services. 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. Applican2ze atum Laarni Print Name and Title Date Is the applicant also the owner of the subject property? 0 Yes ❑ NO • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/ .. any Planning Commission and City Council meeting that pertains to the appfications No changes as of Date Signature Print Name 3 1 P a g e CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City- owned property known as Starboard Canal and Island Lake, located at the rear of 2428 Windward Shore Drive MEETING DATE: March 5, 2024 ■ Background: Niklas Oskarsson and Annemijn Van Der Bijl (the "Applicants") request permission to construct and maintain a revetment encroaching variable distances, a timber pier, a floating dock with an aluminum gangway and a covered boat lift (collectively, the "Temporary Encroachment") into City-owned property known as Starboard Canal and Island Lake (No GPINS assigned), located at the rear of 2428 Windward Shore Drive (GPIN: 1499-88-7535). ■ Considerations: City staff reviewed the Temporary Encroachment and have recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments into Starboard Canal and Island Lake, which is where the Applicants have requested to encroach. ■ Public Information: Public notice will be provided via the normal City Council agenda process. ■ Alternatives: Deny the Temporary Encroachment or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Agreement, Exhibit, Photos, Location Map and Disclosure Statement. Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager: APT9, 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF CITY-OWNED 6 PROPERTY KNOWN AS STARBOARD 7 CANAL AND ISLAND LAKE, LOCATED 8 AT THE REAR OF 2428 WINDWARD 9 SHORE DRIVE 10 11 WHEREAS, Niklas Oskarsson and Annemijn Van Der Bijl (the "Applicants") 12 request permission to construct and maintain a 4.5' wide quarry stone sill, a 7.5' and a 13 201 .17' revetment, a 10' x 24' timber pier, a 10' x 16' timber floating dock with a 3' x 15' 14 aluminum gangway, a 14' x 26' covered timber boat lift, and a 2,581 square foot planted 15 marsh (collectively, the "Temporary Encroachment"), into City-owned property known as 16 Starboard Canal and Island Lake, located at the rear of 2428 Windward Shore Drive (GPIN: 17 1499-88-7535); and 18 19 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 20 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 21 City-owned property subject to such terms and conditions as Council may prescribe. 22 23 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 27 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Niklas Oskarsson and Annemijn 28 Van Der Bijl, their heirs, assigns and successors in title are authorized to construct and 29 maintain the Temporary Encroachment into City-owned property known as Starboard Canal 30 and Island Lake, as shown on the map entitled: "Exhibit'A' ENCROACHMENT REQUEST 31 FOR QUARRY STONE SILL, REVETMENT OR RIP RAP, PIER, FLOATING DOCK, 32 GANGWAY, AND COVERED BOAT LIFT FOR NIKLAS OSKARSSON AND ANNEMIJN 33 VAN DER BIJL LOT 36, SECTION 1 , BAY ISLAND, M.B.45 PG. 37 GPIN: 1499-88-7535," 34 Scale: 1" = 40', dated January 4, 2024, prepared by Gaddy Engineering Services, LLC, a 35 copy of which is attached hereto as Exhibit "A" and on file in the Department of Public 36 Works and to which reference is made for a more particular description; 37 38 BE IT FURTHER ORDAINED, that the Temporary Encroachment is expressly 39 subject to those terms, conditions and criteria contained in the agreement between the City 40 of Virginia Beach and the Applicants (the "Agreement"), an unexecuted copy of which has 41 been presented to the Council in its agenda, and will be recorded among the records of the 42 Clerk's Office of the Circuit Court of the City of Virginia Beach; 43 44 BE IT FURTHER ORDAINED, that the City Manager or his authorized 45 designee is hereby authorized to execute the Agreement; and 1 46 47 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 48 such time as the Applicant's and the City Manager or his authorized designee execute the 49 Agreement. 50 51 Adopted by the Council of the City of Virginia Beach, Virginia, on the 52 day of 2024. 53 54 CA16070 R-1 Prepared: 2/5/24 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: OOuBILic WO KS, REAL ESTATE DAX0. A ARMEYER SENIOR CITY ATTORNEY 2 NOTES: 1. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY 2. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY 3. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR VERIFICATION OF RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES ISLAND LAKE (M.B. 45 PG. 37) PROPOSED 10'X 16' !FLOOD PROPOSED 14'X 26' COVERED TIMBER FLOATING DOCK WITH EBe 26' TIMBER BOAT LIFT p,,TH 3'X 15'ALUMINUM GANGWAY 16' 24' 00 15' o to 4 19' O0 19.5' MICHAEL S. ADD 'z_ N85037'11"E 118.39' f12 Lic. No. 040754 ot 01-04-2024 EX. BULKHEAD �'`\FS V PROPOSED 7.5' %' S/ONAL W vQ Q REVETMENT \ m Z Z M (885 S.F.)i, PROPOSED 10'X 24' M U O TIMBER--PIER, Q PROPOS , O RY N o � p STONE SILL, 4 WIDE 0 p o0 o Z � ZZ � (910S.Fal moo. � ON �O �tiZ OPROPOSEDl21�VETMENT PATH' 'L V AB JURISDICTIONAL WETLANDS o N 4. DE (910 F.) N LOT36 \ \ Z e (M B. 45 PG 37)04 \ o Q N/F \ Z N/KLAS OSKARSSON& \ \ O Q ANNEMIJN VAN DER B/✓L \ P/N(F) a m (INSTR. #202103079147) \ \ U W GP/N. 1499-89-7535 \ O m PROPOSED 2,581 S.F. PLANTED MARSH 5'PUBLIC DRAINAGE Q &UT/L ITYEASEMENT ohm cry (M.B. 45 PG. 37) 2 S85°42'53"W 160.36' PIN(F) EX. RCP w� PIPE END EX SUL KHEAD LOT 35 N/F JEAN S EDWAROS TRUST (ISNTR.#20200019534) GPIN• 1499-88-7329 EXHIBIT"A" GADDY ENCROACHMENT REQUEST FOR QUARRY STONE SILL, REVETMENT OR RIP RAP, PIER, FLOATING ENGINEERING SERVICES,LLC DOCK, GANGWAY, AND COVERED BOAT LIFT CONTACT: FOR NIKLAS OSKARSSON AND MICHAEL S.GADDY, PE, LS 0 40 80 ANNEMIJN VAN DER BIJL 757-289-5933 LOT 36, SECTION 1, BAY ISLAND, M.B.45 PG. 37 508 N.BIRDNECK RD.,SUITE D SCALE: 1" =40' GPIN: 1499-88-7535 VIRGINIA BEACH,VA, 23451 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this lq"--ay of Awuar , 2024, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and NIKLAS OSKARSSON and ANNEMIJN VAN DER BIJL, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "36", as shown on that certain plat entitled: "SUBDIVISION OF BAY ISLAND SECTION ONE PRINCESS ANNE CO., VA. LYNNHAVEN MAGISTERIAL DISTRICT," Scale: 1" = 100', dated February 1958, prepared by Frank D. Tarrall, Jr. & Associates, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 45, at page 37, and being further designated, known, and described as 2428 Windward Shore Drive, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain a revetment encroaching variable distances, a 10' x 24' timber pier, a 10' x 16' timber floating dock with a 3' x 15' aluminum gangway, and a 14' x 26' covered timber boat lift(collectively, the "Temporary Encroachment") in the City of Virginia Beach; and GPIN: NO GPIN ASSIGNED (CITY PROPERTY KNOWN AS STARBOARD CANAL AND ISLAND LAKE) 1499-88-7535 (2428 WINDWARD SHORE DRIVE) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into City-owned property known as Starboard Canal and Island Lake, collectively, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "Exhibit 'A' ENCROACHMENT REQUEST FOR QUARRY STONE SILL, REVETMENT OR RIP RAP, PIER, FLOATING DOCK, GANGWAY, AND COVERED BOAT LIFT FOR NIKLAS OSKARSSON AND ANNEMIJN VAN DER BIJL LOT 36, SECTION 1, BAY ISLAND, M.B. 45, PG. 37 GPIN: 1499-88- 7535," Scale: 1" = 40', dated January 4, 2024, prepared by Gaddy Engineering Services, LLC, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 2 Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the attached Exhibit or in this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. 3 It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. 4 IN WITNESS WHEREOF, NIKLAS OSKARSSON and ANNEMIJN VAN DER BIJL, the said Grantees, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By: (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2024, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He is personally known to me. (SEAL) Notary Public My Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2024, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public My Notary Registration Number: My Commission Expires: 6 llh4lllo�� Niklas Oskarsson \\ ,, Annemijn Van Der Bijl STATE CITY/COUNT OF CxW to-wit: The foregoing instrument was acknowledged before me this M `.1 day of bywaA _, 2024, by Niklas Oskarsson. � �,n �J�Y l 0O L (SEAL) NotaroubW My Notary Registration Number: !1�'111_1 ASHLEY RENEE JANECHEK My Commission Expires: C:J 31 202Co NOTARY PUBLIC REG. #7770977 COMMONWEALTH O R 41, I MY COMMISSION EXPIRES 6 STATE OFV\Y�V CITY/COUNTY << t to-wit: The foregoing instrument was acknowledged before me this �+� day of 2024, by Annemijn Van Der Bi' . j&�0 L_ (SEAL) Notary ub 'c My Notary Registration Number: ASHLEY RENEEJANECHEK My Commission Expires: 01 '31 2D 2(o NOTARY PUBLIC REG. #7770977 COMMONWEALTH O I I 2 MY COMMISSION EXPIRES APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM P B IC WO S —REAL ESTATE ARMEYER SENIOR CITY ATTORNEY 7 NOTES: 1. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY 2. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY 3. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR VERIFICATION OF RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES ISLAND LAKE (M.B. 45 PG 37) PROPOSED 10'X 16' FLOOD PROPOSED 14'X 26' COVERED TIMBER FLOATING DOCK WITH Eea 26' TIMBER BOAT LIFT pj,TH 3'X 15'ALUMINUM GANGWAY 16' 15' 24' _o0 co 19, 19.5'12' _ _ MICHAEL S. AD00 D z_ N85°37'11"E 118.39' .�. - � w �_ r Ov Lic. No. 5 0 040754 Z EX. BUL KNE AD �O�` 01-04-2024 C� •'• PROPOSED 7.5' �0 FS3 W Q O REVETMENT NAL Z (885 S.F Rf .) P1P-OS 10'X 24' o Z U •, / TIMBER�P(E Q W ZOpaa PROPOS RY \\� N Oyy m STONE S LL,4.5'WIDE \ c'o p o O 2 (910S. moo- M4ti � ptiZ PR VETMENT PATHS 2 cp U AB JURIS ICTIONAL WETLAI DS \\ cy N .4. E (910 .F ) \ a'i9 Q W m o 04 LOT36 \ \ N (M.B. 45 PG. 37) o � o � � � N/F \ \ Z ti NIKLAS OSKARSSON S \ \ Q o ANNEMI✓N VAN DER B/JL \ P/N(F) Z o m (I/VSTR. #202103079147) \ \ U W GPIN� 1499-89-7535 \ m PROPOSED 2,581 S.F. O PLANTED MARSH 5'PUBLIC DRAINAGE Q & UTILITYEASEMENT U) (M.B. 45 PG 37) ZA S85°42'53"W 160.36' P/N(F� V•� EX RCP P/PE END EX. BULKHEAD A1/F JEAN S EDWARDS TRUST (ISNTR.#20200019534) GPIN- 1499-88-7329 EXHIBIT "A" ENCROACHMENT REQUEST FOR QUARRY STONE GADDY SILL, REVETMENT OR RIP RAP, PIER, FLOATING ENGINEERING SERVICES,LLC DOCK, GANGWAY, AND COVERED BOAT LIFT CONTACT: FOR NIKLAS OSKARSSON AND MICHAEL S.GADDY, PE, LS 0 40 80 ANNEMIJN VAN DER BIJL 757-289-5933 LOT 36, SECTION 1, BAY ISLAND, M.B. 45 PG. 37 508 N.BIRDNECK RD.,SUITE D SCALE: 1" =40' GPIN: 1499-88-7535 VIRGINIA BEACH,VA,23451 OW— f In � s � 44, .�,� R ` 1. l a •�:l..n , y� /p �I _ icy �\� - aA�..� ..+•. �,. ,�� qy 4�..1 r . N . F, i- ' K_ ,fit ; _ r x v - A s } _ •y Neighbor boat lift: aY Ak yzY•- Y 9 ; _ •� t Neighbor to the east on north side with similar pier encroaching into the canal: d = r � U' ;`t4 Neighbor . . . . •..ems�.:P...-��•" ._ -'i � '_ _ - .�„ sk �A F� C � $Q N SHORE DR W E S tiFc� II m I ? m � x I i WIIVDwARD SHORE DR LONE PINE PT LOCATION MAP ENCROACHMENT REQUEST FOR ANNEMIJN VAN DER BIJL Legend AND NIKLAS OSKARSSON - GPIN: 1499-88-7535 1499-88-7535 Feet City Property 0 25 50 100 Prepared by P.W./Enq./Enq.Support Services Bureau 06/28/2023 XICADD\Projects\ARC Files\AGENDA MAPS\1499-88-7535\1499-88-7535.mxc s N `4 W E r 1 s s s P tg r , Zw" m "Al Z e .. rn AS �rl' III 4 ._. `4 I*� ! .: A• 1 kt. Ali l . j. •�, yam• + w� f . ,f a - WINDWARD S J HoRED "` , h+ r�wit^ � �M-; �� �a • � 1 �,. - �;.. ,,,:.' f � 4V BONE PINE PT ,, LOCATION MAP ENCROACHMENT REQUEST r rt �► f �4 FOR ANNEMIJN VAN DER BIJL Legend .,. AND NIKLAS OSKARSSON GPIN: 1499-88-7535 Q 1499-88-7535 ' .r. � Feet City Property --- 0 25 50 100 Prepared by P.W./Enq./Enq.Support Services Bureau 06/28/2023 X:\CADD\Projects\ARC Files\AGENDA MAPS\1499-88-7535\1499-88-7535 Aerial.mxc e' lo1n riff 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 Niklas Oskarsson &Annemijn van der Bijl Does the applicant have a representative? ❑ Yes IN No • If yes, list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes I 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 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 1 1 P a g e n 1 Disclosure Statement 1�1(inning � C01I11'111.1111j:y DeveloppleiiL V;4-- ------- Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes ® No • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes OF 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 ® 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 © 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- . � j lIIlIlili I_ ti Coi11II1t,illiLv l)i'.A'c'.IOj7I7lei-it ww 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 ON 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 Niklas Oskarsson&Annemijn van der Bijl Print Name and Title 6/21/23 Date Is the applicant also the owner of the subject property? H Yes ❑ No • If yes,you do not need to fill out the owner disclosure statement. FOR disclosures must be updated applicationsthat pertains to the No changes as of Date Signature Print Name Revised 11.09.2020 3 1 p a g e N.M`1 '4J��a s1LI�7 �z "gab CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize a Temporary Encroachment into a portion of City- owned property known as Treasure Canal, located at the rear of 2204 Windward Shore Drive MEETING DATE: March 5, 2024 ■ Background: David L. Bass, Jr. and Melissa Bass have requested permission to maintain an existing bulkhead and to construct and maintain a timber bulkhead with a return wall, sand backfill and topsoil/turfgrass, a timber open pile wharf, a timber pile overhead beam boatlift and a boatlift electrical cable (collectively, the "Temporary Encroachment") into City-owned property known as Treasure Canal, located at the rear of 2204 Windward Shore Drive (GPIN: 2409-19-8185). ■ Considerations: City staff reviewed the Temporary Encroachment and have recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in Treasure Canal, which is where the Applicants are requesting to encroach. ■ Public Information: Public notice will be provided via the normal City Council agenda process. ■ Alternatives: Deny the Temporary Encroachment or add conditions as desired by Council. ■ Recommendations: Approval ■ Attachments: Ordinance, Exhibit, Agreement, Photos, Location Map and Disclosure Statement. Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager: W i 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A 4 TEMPORARY ENCROACHMENT INTO A 5 PORTION OF CITY-OWNED PROPERTY 6 KNOWN AS TREASURE CANAL, 7 LOCATED AT THE REAR OF 2204 8 WINDWARD SHORE DRIVE 9 10 WHEREAS, David L. Bass, Jr. and Melissa Bass (the "Applicants") request 11 permission to maintain 107' of an existing bulkhead and to construct and maintain 126'of a 12 timber bulkhead with a 2' return wall, sand backfill and topsoil/turfgrass between walls, a 13 5.3' x 31' timber open pile wharf, a 12.5' x 12' timber pile overhead beam boatlift and a 14 boatlift electrical cable (collectively, the "Temporary Encroachment") into a portion of the 15 City-owned property known as Treasure Canal, located at the rear of 2204 Windward 16 Shore Drive; and 17 18 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 19 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 20 the City's property subject to such terms and conditions as Council may prescribe. 21 22 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 26 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicants, their heirs, 27 assigns and successors in title are authorized to construct and maintain the Temporary 28 Encroachment as shown on the map entitled: "EXHIBIT A MAINTAIN EXISTING 29 BULKHEAD ENCROACHMENT REQUEST FOR BULKHEAD, WHARF, BOATLIFT AND 30 ELECTRICAL CABLE, SAND BACKFILL & TOPSOIL/TURFGRASS LOCATED IN 31 TREASURE CANAL IN BAY ISLAND," Scale: 1" = 30', dated December 27, 2022, 32 prepared by Marine Engineering LLC, a copy of which is attached hereto as Exhibit A and 33 on file in the Department of Public Works and to which reference is made for a more 34 particular description; 35 36 BE IT FURTHER ORDAINED, that the Temporary Encroachment is expressly 37 subject to those terms, conditions and criteria contained in the agreement between the City 38 of Virginia Beach and the Applicants (the "Agreement"), an unexecuted copy of which has 39 been presented to the Council in its agenda, and will be recorded among the records of the 40 Clerk's Office of the Circuit Court of the City of Virginia Beach; 41 42 BE IT FURTHER ORDAINED, that the City Manager or his authorized 43 designee is hereby authorized to execute the Agreement; and 44 i 45 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 46 such time as the Applicants and the City Manager or his authorized designee execute the 47 Agreement. 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the 50 day of 20 . 51 52 53 CA16057 R-1 Prepared: 2/9/24 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: e P B IC W RKS, REAL ESTATE ARMEYER SEN CITY ATTORNEY 2 f LTH OF cn z CANAL CENTERLINE TREASURE Uo DAVID KLEDZIK c --__ f N/F CITY OF VIRGINIA IN BAY ISLAND Lb. No. 034674 PROPOSED TIMBER OPEN PILE WHARF O GPIN-ASSIGNED,I MB45 P�37 `O ��` C0 135'PROPOSED TIMBER BULKHEAD —&3�q_ S ONAl, _0 A TO B=126'ON CITY PROPERTY -— 0 MLW AT EXISTING BULKHEAD Lo B LOT 64 2' 31' w 31, 337 PROPOSED TIMBER PILE '✓; ALUMINUM 45 9.5' OVERHEAD BEAM BOATLIFT BULKHEAD& 08' S 72- ti 5'RETURN WALL 4T "E 4.0' 39 "' , 7.7' 4.9' (NOT PART OF THIS 92.32' S 79'03,36" 14 A 2 PROPOSED ENCROACHMENT) 136' [STING B KH D E URN WALL (107'T R AIN PROPERTY LINE SAND BACKFILL& ON CITY 0 RTY) 0 10' 20' 30' TOPSOIL/TURFGRASS LOT TIMBER BETWEEN WALLS SHED SCALE: 1"= 30' BULKHEAD T S EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING NUMENTS COMBINED WITH THECOMPILATION OF DEEDS PROPOSED BOATLIFT ND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE ELECTRICALCABLE A BOUNDARY SURVEY. W THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR v VERIFICATION OF RESTRICTIONS REQUIRED BY OTHER oN ASSOCIATIONS OR AGENCIES. f- z 3 z o NO OT R i1TILlTJES.-QR M ENTS OR U W I �' TREES IN CONSTRUCTION ACCESS&LIMI '� F- F J a' N co u W O > = o o w _ Q m U (WJj 0 83< #2204 U) < m V M LOT 65 Q w Zw0ooM co coo WW co 0 I > z N N a / _—__ O Z O M � J # / J = o O co / Y N o0 Q Ll- N a ° U Q p o Q m z N c9 z BAY ISLAND SEC 1 LOT 65 cn U)of CONSTRUCTION NIF BASS DAVID L JR&BASS MELISSA Z a o o cc M CD ACCESS&LIMITS 2204 WINDWARD SHORE DR � z V. o c9 cn O * 4 CIJ a OVERHEAD WIRE GPIN#2409198185 = o Z / INST# 202103090137 CURVE CALCULATION Q � N a z m / MB45 PG 37&37A 300'16" DELTA m z N (D _ 2 124.98' CHORD DISTANCE EDGE OF ROAD S85D27'33"E CHORD BEARING L=125'00' SCO IPF __ R=2043.75' 1 WATER METER WATER SUPPLY LINE�355.41'TO WINDWARD SHOREiDRIVE 50'ROW MB.45 PG.37&37A IPF COMPASS CIRCLE APPLICATION FOR EXHIBIT A PREPARED BY: ENCROACHMENT BY: MAINTAIN EXISTING BULKHEAD MARINE ENGINEERING LLC DAVID L BASS JR ENCROACHMENT REQUEST FOR 1932 CHARLA LEE LN & MELISSA BASS BULKHEAD, WHARF, BOATLIFT AND VIRGINIA BEACH, VA 23455 GPIN 2409198185 ELECTRICAL CABLE, SAND BACKFILL SHEET 1 OF 1 2204 WINDWARD SHORE DR & TOPSOIL/TURFGRASS LOCATED IN DATE: DECEMBER 27, 2022 VIRGINIA BEACH, VA 23451 TREASURE CANAL IN BAY ISLAND REV — PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this I Elk day of DECEt4f3ER , 20-73, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and DAVID L. BASS, JR. and MELISSA BASS, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "65" as shown on that certain plat entitled: "SUBDIVISION OF BAY ISLAND SECTION ONE PRINCESS ANNE CO., VA. LYNNHAVEN MAGISTERIAL DISTRICT," Scale: 1" = 100', dated February, 1958, prepared by Frank D. Tarrall, Jr. & Associates, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 45, at pages 37 and 37A, respectively, and being further designated, known, and described as 2204 Windward Shore Drive, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to maintain 107' of an existing bulkhead and to construct and maintain 126' of a timber bulkhead with a 2' return wall, sand backfill and topsoil/turfgrass between walls, a 5.3' x 31' timber open pile wharf, a 12.5' x 12' timber pile overhead beam boatlift and a boatlift electrical cable, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: CITY PROPERTY KNOWN AS TREASURE CANAL (NO GPIN ASSIGNED) 2409-19-8185 (2204 WINDWARD SHORE DRIVE) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City-owned property known as Treasure Canal, the "Encroachment Area", and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A MAINTAIN EXISTING BULKHEAD, ENCROACHMENT REQUEST FOR BULKHEAD, WHARF, BOATLIFT AND ELECTRICAL CABLE, SAND BACKFILL & TOPSOIL/TURF GRASS LOCATED IN TREASURE CANAL IN BAY ISLAND," Scale: 1" = 30', dated December 27, 2022, prepared by Marine Engineering LLC, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 2 Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the attached Exhibit or in this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. 3 It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. 4 IN WITNESS WHEREOF, DAVID L. BASS, JR. and MELISSA BASS, the said Grantees, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By: (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 5 (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 DAVID L-IbASS, JR. MELI$YkBASS STATE OF VIRGINIA CITY/COUNTY OF U�r��nia �cact.- , to-wit: The foregoing instrument was acknowledged before me this 1 S41' day of �ece�nbe� , 20 7-3, by DAVID L. BASS, JR. -", CAA UJ�&--(SEAL) Notary Pubic ,,,�PO4 F, MU/yRO Notary Registration Number: -4oS3:4(v�4 •'•NOTARY•• My Commission Expires: 1•_,AD.re u,_k. PUBLIC '- REG•#7057767 MISSION: my n' EXPI 30�Z;'2? O '•�1o�e C9 WNJA STATE OF ViR -,��, •••........•••�'•s�.'' CITY/COUNTY OF VC v!!�;o,a P;;-c AC -- to-wit: '''o,�MvEq�TNo`�,�`'� The foregoing instrument was acknowledged before me this LSlj- day of 20Z�' , by MELISSA BASS. EAL) Notary Publi 0 F' M UNoR, Notary Registration Number: ���} ,.,`'�P • ' • • F ' �:'••NOTARY•••♦'• My Commission Expires: t•�,re �,en 3.� .�2� PUB ' • REG MM SS ON Q c O:.►A`(CO EXPIRES O .•� '30, APPROVED AS TO CONTENTS APPR6AGAL SUFFICIE•I�t':��(-rat'f�b FORM �I ImLic W RKS / REAL ESTATE R. EYER IOR CIT SYY ATTORNEY 7 Y NJ-TH OF m m � �awlC Z CANAL CENTERLINE- TREASUREDAVK) KLM23K y C -� N/F CITY ANAL IN g Lic. No.034674 _ _ OFAY ISLAND , PROPOSED TIMBER OPEN PILE WHARF O GPIN ASSIGNED VIRGINIA MB 45 p� �p 1�/8/2023 135'PROPOSED TIMBER BULKHEAD — 7—-_37&37q pNAL � -v A TO B= 126'ON CITY PROPERTY c�i ! MLW AT EXISTING BULKHEA LOT 64 B 2 31' w 31Y 33.7' PROPOSED TIMBER PILE 4, ALUMINUM 9.5' OVERHEAD BEAM BOATLIFT D BULKHEAD& 4S.08 S 72°47 S RETURN WALL E 4.0' 39 "' 1 7.7' 4.9' (NOT PART OF THIS 92.32' S 7g°03,36„ 14 A r2' PROPOSED ENCROACHMENT) 136' ISTING B KH D E URN WALL (107'T R AIN PROPERTY LINE SAND BACKFILL& ON CITY 0 RTY) 0 10' 20' 30' LOT 66 TOPSOIL I TURFGRASS TIMBER BETWEEN WALLS SHED SCALE: 1"= 30' BULKHEAD T S EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING NUMENTS COMBINED WITH THECOMPILATION OF DEEDS PROPOSED BOATLIFT ND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE ELECTRICALCABLE A BOUNDARY SURVEY. W THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR N VERIFICATION OF RESTRICTIONS REQUIRED BY OTHER o o ASSOCIATIONS OR AGENCIES. i- z z_ o NO OT ENTS OR Q' U W 's `J Of N TREES IN CONSTRUCTION ACCESS&LIMI ^ w � o W O Q m O OLu m U d m o2 #2204 b) uia < M ; LOT65 Z Lu 0 0 o M co U W oo 0 � > zNC-4 / 0 z 0 ao cn / � Y = o0 r 0 ao Z_ f- / U N O lL o Cn m Q � c, n- z UQ � � o < m z N c9 _ / BAY ISLAND SEC 1 LOT 65 LU u Q CD rn o m / N/F BASS DAVID L JR&BASS MELISSA 0 OR � c o � CONSTRUCTION z a o o cn ACCESS&LIMITS i 2204 WINDWARD SHORE DR J � z N o c� / GPIN#2409198185 `=' m: z � � OVERHEAD WIRE / INST# 202103090137 CURVE CALCULATION c u NN a U) m / zc� ? � / MB45 PG 37&37A 300'16" DELTA m / 124.98' CHORD DISTANCE / EDGE OF ROAD S85D27'33„E CHORD BEARING L=125.00' SCO IPF __ R=2043.75'�i WATER METER WATER SUPPLY LINE1355.41'TO WINDWARD SHOREiDRIVE 50'ROW MB.45 PG.37&37A IPF COMPASS CIRCLE APPLICATION FOR EXHIBIT A PREPARED BY: ENCROACHMENT BY: MAINTAIN EXISTING BULKHEAD MARINE ENGINEERING LLC DAVID L BASS JR ENCROACHMENT REQUEST FOR 1932 CHARLA LEE LN & MELISSA BASS BULKHEAD, WHARF, BOATLIFT AND VIRGINIA BEACH, VA 23455 GPIN 2409198185 ELECTRICAL CABLE, SAND BACKFILL SHEET 1 OF 1 2204 WINDWARD SHORE DR & TOPSOIL/TURFGRASS LOCATED IN DATE: DECEMBER 27, 2022 VIRGINIA BEACH, VA 23451 TREASURE CANAL IN BAY ISLAND REV - LTH of 0o cn Z CANAL CENTERLINE- THE v0 DAN® KL MZIC y .N _1 J N/F Cl OF CANAL IN BAY ISLAND LJc. No. 034674 PROPOSED TIMBER OPEN PILE WHARF O GPIN ASSIGNED Mg 45 PLO >>/8/2023 _ .37$37q Cs co 135'PROPOSED TIMBER BULKHEAD 'TONAL A TO B=126'ON CITY PROPERTY M - LW AT EXISTING BULKHEA LOT 64 B 2' 31' w 31' 33.7' PROPOSED TIMBER PILE w ALUMINUM 450 9.5' OVERHEAD BEAM BOATLIFT a BULKHEAD& 08,S72, , T 5'RETURN WALL 4j "E 4.0' 39 "' 7.7' 4.9' (NOT PART OF THIS 92.32' 14 A f 2 PROPOSED ENCROACHMENT) 136' (STING B KH D S 79 0 03'36"E 14 URN WALL (107-T R AIN PROPERTY LINE SAND BACKFILL& ON CITY 0 RTY) 0 10' 20' 30' LOT 66 TOPSOIL/TURFGRASS BETWEEN WALLS SCALE: 1"= 30' TIMBER SHED BULKHEAD T S EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING NUMENTS COMBINED WITH THECOMPILATION OF DEEDS PROPOSED BOATLIFT ND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE ELECTRICALCABLE A BOUNDARY SURVEY. w THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR VERIFICATION OF RESTRICTIONS REQUIRED BY OTHER o o ASSOCIATIONS OR AGENCIES. � z � z o NO OT ENTS OR J w IS, co TREES IN CONSTRUCTION ACCESS&LIMI .^- w O = o o _ m UU � t2oQ #2204 cw � Qrn � `h LOT65 L9 Q � Zwoq> NM UW O J Z N N d / O Z } 0 C, / p cn v o Qu- Nn- mm UQp � oQ m z N o ? / BAY ISLAND SEC 1 LOT 65 LLi cn Q rn o M / N/F BASS DAVID L JR&BASS MELISSA 0 c � rn o ca CONSTRUCTION z Q p o co cl; ACCESS&LIMITS j 2204 WINDWARD SHORE DR J ? ? N o t9 / GPIN#2409198185 U) o �: : OVERHEAD WIRE / INST# 202103090137 CURVE CALCULATION Q LL N a c MB45 PG 37&37A z m i 3d30'16" DELTA m z N o mm / / 124.98' CHORD DISTANCE / EDGE OF ROAD S85D27'33"E CHORD BEARING L=125.00' SCO IPF R=2043.75''i WATER METER WATER SUPPLY LINE-� WINDWARD SHOREiDRIVE 1355.41'TO 50'ROW M645 PG.37&37A IPF COMPASS CIRCLE . APPLICATION FOR EXHIBIT A PREPARED BY: ENCROACHMENT BY: MAINTAIN EXISTING BULKHEAD MARINE ENGINEERING LLC DAVID L BASS JR ENCROACHMENT REQUEST FOR 1932 CHARLA LEE LN & MELISSA BASS BULKHEAD, WHARF, BOATLIFT AND VIRGINIA BEACH, VA 23455 GPIN 2409198185 ELECTRICAL CABLE, SAND BACKFILL SHEET 1 OF 1 2204 WINDWARD SHORE DR & TOPSOIL/TURFGRASS LOCATED IN DATE: DECEMBER 27, 2022 VIRGINIA BEACH, VA 23451 TREASURE CANAL IN BAY ISLAND REV — # � it z f N 1 , C YAZ S a�4- 4 ,� SEE � 5 �,� WARD SHO .> , �r III f_ 3 L n r . 14 y p w rk by WINDWARD SHORE DR LOCATION MAP ti ENCROACHMENT REQUEST FOR DAVID L. BASS JR. A N D Legend MELISSA BASS r,. GPIN: 2409-19-8185 Q 2409-19-8185 Feet City Property 0 50 100 200 Prepared by P.W./Enq./Enq.Support Services Bureau 11/21/2023 X:\CADD\Projects\ARC FilesWGENDAMAPS\2409-19-8185\2409-19-8185Aerial.mxc w rj r- � a-Jam:+�i •�� 4"`. .�:.•s-tom: . �� . 14 t j • a �4 t y � , - "s �r t { r N SHORE DR W E LEEWARD SHORE DR SITE100 I r_ WINDWARD SHORE DR LOCATION MAP ENCROACHMENTREQUEST �� ---r-- --- , _ FOR -� L—lj DAVID L. BASS JR. I-- A N D Legend MELISSA BASS GPIN: 2409-19-8185 2409-19-8185 Feet City Property 0 50 100 200 Prepared by P.W./Enq./Enq. Support Services Bureau 11/21/2023 XICADD\Projects\ARC Files\AGENDA MAPS\2409-19-8185\2409-19-8185.mxc 1b:3Y 0083 P.001/007 a C isd , tar Statertlent MW 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. Ak29Rnt Disclosure Applicant Name DAVID L BASS JR & MELISSA BASS Does the applicant have a representative? 12 Yes ❑NO • If Yes,list the name of the representative. DAVID KLEDZIK Is the applicant a corporation,partnership,firm,bustness,tout or an unincorporated business?❑Yes P 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 4 2.2.3101. 1"Affiliated business entity relationship'means*a relationship,other than parent-subsidiary relationship,that existswhen(i)one business entity has a controlling ownership Interest In the other business entity,(11)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 afrdlated business entity relationship Include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entitles share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities' See State and local Government Conflict of interests Act,Va, Code 12.2-3101. 1 Rewsed 11 09 2020 11 p a 8 e i From: 02/07/2024 16:41 #063 P.002/007 I DR s re em 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 C"ho • 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 cofiateralttation,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? fil Yes ❑No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/reattor for current and anticipated futvre sales of the subject property? ❑Yes WN0 • If yes,Identify the company and individual providing the service 3. Does the applicant have services for accounting and/or preparation of to returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes rgNo • If yes,Identify the firm and Individual providing the service. 4. Does the applicant have services from an architect/landseape arcNiect/land planner provided In connection with the subject of } the application or any business operating or to be operated on the property?❑Yes 'El—No i • 0 yes,Identify the firm and Individual providing the service. 5 Is there any other pending or proposed purchaser of the subject property?❑Yes t-No If yes,Identify the purchaser and purchaser's service providers. Reward 11 09.2020 2 I f �, f r om 02/07/2024 16:42 0083 P.003/007 k Disclosure Statement 6. Does the applicant have a censtructlop contractor in co e/ n with the subject of the application or any business operating or to be operated on the property? es to • if yes,Identify the aomoanv and Indi o—I—AA—N —A— ` 7 Does the applicant have an engineer/surveyor/agent In connection with the subject of the app6fM111 W41111y operating or to be operated on the property?®Yes ❑No • If yes,Identify the firm and Individual providing the service MARINE ENGINEERING LLC DAVID KLEDZIK 8. Is the applicant recetving legal services in connection with the subject of the application or any business operaung or to be operated on the property?❑Yes WNo • If yes,identify the firm and Individual providing the service. Applicant Sf"ture 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. Applla naturo 3:)Pr-v A S s Print Name and Title 3--$-J.u1.3 Date 7— Z UZ Lf —,— -- — Is the applicant also the owner of the subject property? Q Yes ®No . If yes, you do not need to lit(out the owner disclosure statement r [� u•can." or ts.ta sttpsstw. _ Revord 11092020 3 P a g e _ I From 02/07/2024 15:44 8083 P-004/007 D'�iSCIoSUCe Statement Continue to Next Page for Owner Disclosure Rev,sed 11.09.2020 4 1 P a g e From 02/07/2024 tb:46 #083 P.006/oo7 I yEsdgt ymk 71 Owner Disclosure Owner Name CITY OF VIRGINIA BEACH Applicant Name DAVID L BASS JR & MELISSA BASS Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?0 Yes ONO a 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. (Alta&a list if necessary) Known interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposes development contingent on the subject public action?0 Yes J'No • If yes,what is the name of the official or employee and what is the nature of the Interest? "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shales 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,(if)a controlling owner in one entity Is also a controlling owner in the other entity,or(Ili)there Is shared management or control between the business entities. Factors that should be considered in determining the existence of an affillated 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§223101. Revised 11.09.2020 5 1 P a g e F rorn 02/07/2024 16:47 N083 r 006/007 VA3 �`-41)ltf3i ttiiifiSrJliff j r owner Services Disclosure 1 Does the Owner have any existing financing(mortgage,deeds Of trust,cross-coilateralt atlon,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 M-No e 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 0 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 ,Q NO s 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 subjec,of the application or any business operating or to be operated on the property?❑Yes 21 No s 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 constructllon�ntraetor In connectio {vit the subject of the application or any business operating or to be operated on the property?V Yes r NO ✓ s If yes,Identify the company and Individual providing thVeM. 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 0 No s If yes,identify the firm and individual providing the service. Restsed 1109 2020 6 1 V a g e From 02/07/2024 15:49 0083 r'-007/007 F 8. Is the Owner receiving legal sefvkes In connection with the subject of the application or any business operating or to be operated on the property?❑Yes (M No c if yes,identify the firm and individual providing legal the service. Owner Si¢nature 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,1 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 ktvoed I 092WO 7 P a g e s M1A rr h��77 z 4�tp erg' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachment into a portion of City-owned property known as Chesapeake Bay, located at the rear of 2810 Ocean Shore Avenue MEETING DATE: March 5, 2024 ■ Background: Charles H. Bonner and Kristina H. Bonner (the "Applicants") have requested permission to maintain existing wood steps with metal rails, a moveable wood platform, and a wood retaining wall, and to construct and maintain a wood fence/retaining wall (collectively, the "Temporary Encroachment") into a portion of City-owned property known as "Chesapeake Bay" (GPIN: 1590-41-5731), located at the rear of 2810 Ocean Shore Ave (GPIN: 1590-41-1491). ■ Considerations: City staff reviewed the Temporary Encroachment and have recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments into Chesapeake Bay, which is where the Applicants have requested to encroach. ■ Public Information: Public notice will be provided via the normal City Council agenda process. ■ Alternatives: Deny the Temporary Encroachment or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Agreement, Exhibit, Photos, Location Map and Disclosure Statement. Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager: 4V 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENT INTO A 5 PORTION OF CITY-OWNED PROPERTY 6 KNOWN AS CHESAPEAKE BAY, 7 LOCATED AT THE REAR OF 2810 8 OCEAN SHORE AVENUE 9 10 WHEREAS, CHARLES H. BONNER and KRISTINA H. BONNER (the 11 "Applicants") have requested permission to maintain17 square feet of existing wood steps 12 with 6.2' x 2.8' metal rails, a 2.2' x 2.6' moveable wood platform, an 8"wood retaining wall, 13 and to construct and maintain a 4' — 6" wood fence/retaining wall (collectively, the 14 "Temporary Encroachment") into City-owned property known as Chesapeake Bay(GPIN: 15 1590-41-5731), located at the rear of 2810 Ocean Shore Ave (GPIN: 1590-41-1491); and 16 17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 18 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 19 the City-owned property subject to such terms and conditions as Council may prescribe. 20 21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Charles H. Bonner and Kristina 26 H. Bonner, their heirs, assigns and successors in title are authorized to construct and 27 maintain the Temporary Encroachment within the City's property as shown on the map 28 entitled: "EXHIBIT `A' ENCROACHMENT REQUEST FOR STEPS, RAILS, MOVEABLE 29 PLATFORM, RETAINING WALL AND PROPOSED FENCE/RETAINING WALL LOT 552, 30 CAPE STORY BY THE SEA PLAT NO. 2 (MAP BOOK 32, PAGE 8) FOR CHARLES H. & 31 KRISTINA H. BONNER GPIN 1590-41-1491," Scale: 1" = 30', dated December 1, 2023, 32 prepared by WPL, a copy of which is attached hereto as Exhibit "A" and on file in the 33 Department of Public Works and to which reference is made for a more particular 34 description; 35 36 BE IT FURTHER ORDAINED, that the Temporary Encroachment is expressly 37 subject to those terms, conditions and criteria contained in the agreement between the City 38 of Virginia Beach and Charles H. Bonner and Kristina H. Bonner (the "Agreement"), an 39 unexecuted copy of which has been presented to the Council in its agenda, and will be 40 recorded among the records of the Clerk's Office of the Circuit Court of the City of Virginia 41 Beach; 42 43 BE IT FURTHER ORDAINED, that the City Manager or his authorized 44 designee is hereby authorized to execute the Agreement; and 45 i 45 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 46 such time as Charles H. Bonner and Kristina H. Bonner and the City Manager or his 47 authorized designee execute the Agreement. 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the 50 day of 2024. 51 52 53 54 CA15281 R-1 Prepared: 2/21/24 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: PUBLIC WORKS, REAL ESTATE DANA Ft. WARQMEYER SENIOR CITY ATTORNEY 2 LOT C _C_H_E_S_A_PEA___ _K_E BA Y N F N/F SEE INSET , CITY OF VI GINIA BEACH PORPOISE PEN 1 i SHEET 2 TOP OF DUNE I PROPOSED 4'-6` CONDOMINIUM 1 WOOD FENCE/ (IN. 200501200010596) ASSOCIATION 1 \ - -- - RETAINING WALL (GPIN:1590-41-5731) (D.B. 2265, PG. 1084) GPIN: 1590-41-0578 I TOE OF 18" BLOCK .NOTES THE CITY OF VIRGINIA BEACH IS NOT EXISTING 8" WOOD 1 1 SLOPE EXISTING I RTW RESPONSIBLE FOR VERIFICATION OF RETAINING WALL 1 MOVEABLE (BELONGING RESTRICTIONS REQUIRED BY OTHER (BELONGING TO LOT C) i EXIWOOD WOOD l`i TO LOT 551) ASSOCIATIONS OR AGENCIES. 5' PEDESTRIAN 1 STEPS PLATFORM `i THIS EXHIBIT IS A RESULT OF FIELD ACCESS ESMT I TIES TO EXISTING MONUMENTS (M.B. 147, PG. 7) I N 76'53'30" E I COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON r WOOD DECK % _ METAL AND DOES NOT CONSTITUTE A —_ 36" _� ----_-_-___ _ RAILING ON BOUNDARY SURVEY.WOOD DECK 10' UTILITY ESMT 1 1 12810 (M.B. 147, PG. 7) 1 1 5' INGRESS- , I LOT 551 N a EGRESS ESMT N/F (M.B. 147, PG. 7) p i DONNA M. CUMMINGS 5' PEDESTRIAN 1 (I.N. 202000105542) ACCESS ESMT W GPIN: 1590-41-2442 �- (M.B. 147, PG. 7) i O 5' UTILITY & i LOT 552IR DRAINAGE ESMT 1 •------- O 'L.T i of (M.B. 89, PG. 30) 3 GPIN.- 1590-41-1491 o N/F G� 1 & BONNER K" lgnNA H. BONN RIC ARNER►-� O i (D.B. 2914, PG. 1144) Lie. 2904 � Zi 7212312023 �. LOT B Tu �Y�ljO SURlq � CROIX CONDOMINIUM i ti S 76'S3'3 " W 55' UNIT OWNERS' OCEAN SHORE A VENUE o 30 60 Fr ASSOCIATION (20' PUBLIC RIGHT-OF-WAY) (D.B. 2213, PG. 155) (FORMERLY 20' LANE) GRAPHIC SCALE GPIN: 1590-41-1318 (M.B. 32, PG. 8) SCALE: 1"=30' SHEET i OF 2 EXHIBIT 'A' ENCROACHMENT REQUEST FOR STEPS, RAILS, MOVEABLE PLATFORM, RETAINING WALL AND PROPOSED FENCE/RETAINING WALL LOT 552, CAPE STORY BY THE SEA PLAT NO. 2 (MAP BOOK 32, PAGE 8) FOR CHARLES H. & KRISTINA H. BONNER GPIN 1590-41-1491 Landscape Architecture Land Surveying date: 12/01/202 ffb/pg.: 1082/75 & 76 proj. no.: 222-0295 Civil Engineering w��Isite.com 757.431.1041 2421uSTANG 1mM ME 8 WW BEAaI,VA 2%52 file: 222-0295_Encroachment ex.dwg plat ref.: C-166 CAD/chk: BKM/eag CHESAPEAKE BA Y N/F TOP OF DUNE PROPOSED 4'--6' CITY OF VIRGINIA BEACH WOOD FENCE/ (IN. 200501200010596) (GPIN:1590-41-5731) — —RETAINING WALL x x x x x x x x x x x TOE OF SLOPE �I Na I EXISTING 8" WOOD RETAINING WALL m (BELONGING TO LOT C) EXISTING MOVEABLE WOOD EXISTING WOOD STEPS PLATFORM (2.2'x2.6') W/ RAILS (6.2'x2.8') (6 SO. FT.) (17 SO. FT.) 8" BLOCK RTW I (BELONGING TO 2.24' S.08' LOT 551) 0.57' 22.5' 2.20' 26.4' 0.48' 1.1' N 7653'30" E 55' 7x x Q� x x x X 36" METAL WOOD RAILING ON DECK WOOD DECK i LTH of LOT 552 N/F GPIN. 1590-41-1491 CHARLEY H. BONNER do IQtL5 M H. BONNER (D.B. 2914, PG. 1144) RIC ARNER Lip. . 2904 a O 10 20 30 Feet l 1212312023 �. GRAPHIC SCALE ��� suRvo SCALE: 1"=10' SHOT 2 OF 2 EXHIBIT 'A' ENCROACHMENT REQUEST FOR STEPS, RAILS, MOVEABLE PLATFORM, RETAINING WALL AND PROPOSED FENCE/RETAINING WALL. LOT 552, CAPE STORY BY THE SEA PLAT NO. 2 (MAP BOOK 32, PAGE 8) FOR CHARLES H. & KRISTINA H. BONNER GPIN 1590-41-1491 Landscape Architecture Land Surveying date: 12/01/2023 1 FB/PG.: 1082/75 & 76 proj. no.: 222-0295 Civil Engineering wpIsite.com 757.431.1041 242 W9AW TM STE 8 VRQM ffApl,VA 23452 file: 222-0295_Encroachment ex.dwg plat ref.: C-166 CAD/chk: BKM/eag PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this day of r ,br v o f 2024, by and between the CITY OF VIRGINIA BEACH. VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and CHARLES H. BONNER and KRISTINA H. BONNER, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "552" as shown on that certain plat entitled: "CAPE STORY BY THE SEA PLAT NO. 2 PRINCESS ANNE COUNTY, VA," Scale: 1" = 100', dated April 24, 1952, prepared by S.W Armistead, CE., which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 32, at page 8A and being further designated, known, and described as 2810 Ocean Shore Ave, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to maintain 17 square feet of existing wood steps with 6.2' x 2.8' metal rails, an existing 2.2' x 2.6' moveable wood platform, an existing 8" wood retaining wall, and to construct and maintain a 4' - 6" wood fence/retaining wall, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: 1590-41-5731 (CHESAPEAKE BAY) GPIN: 1590-41-1491(2810 OCEAN SHORE AVENUE) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City-owned property known as Chesapeake Bay (GPIN: 1590-41-5731), the "Encroachment Area",- and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT 'A' ENCROACHMENT REQUEST FOR STEPS, RAILS, MOVEABLE PLATFORM, RETAINING WALL, AND PROPOSED FENCE/RETAINING WALL LOT 552, CAPE STORY BY THE SEA PLAT NO. 2 (MAP BOOK 32, PAGE 8) FOR CHARLES H. & KRISTINA H. BONNER GPIN 1590- 41-1491," Scale: 1" = 30', dated December 1, 2023, prepared by WPL, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 2 Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the attached Exhibit or in this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. 3 It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. 4 IN WITNESS WHEREOF, CHARLES H. BONNER AND KRISTINA H. BONNER, the said Grantees, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH BY: (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2024, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He is personally known to me. Notary Public (SEAL) My Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 2024, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. Notary Public (SEAL) My Notary Registration Number: My Commission Expires: 6 -(I �_- Charles H. on /AK�rist�inaH. Bonner STATE OFv1g)k(1,4k CITY/COUNTY OF y l(29►►(1�0. 24C1 , to-wit: The foregoing instrument was acknowledged before me this day of , 2024, by Charles H. Bonner an/d�,Kristina H. Bonner. Vk" . .SEAL) Notary P c My Notary Registration Number: \1 '19 0qI - ASHLEY RENEE JANECHEK My Commission Expires: V)CU I CQ NOTARY PUBLIC REG. #7770977 COMMONWEALTH Y COMMISSION EXPIRES APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM PI 1150cWOW — REAL ESTATE DAN R. HARMEYER SENIOR CITY ATTORNEY 7 LOT C _C_H_E_S_A_P__E_AKE BA Y NIS SEE INSET PORPOISE PEN I , „ SHEET 2 TOP OF DUNE I PROPOSED 4—6 CITY OF V RGINIA BEACH CONDOMINIUM I 1 WOOD FENCE/ (IN. 200501200010596) ASSOCIATION 1 \ - --(D.B. 2265, PG. 1084) RETAINING WALL (GPIN:1590-41-5731) � _ _ _ GPIN: 1590-41-0578 I TOE OF 18" BLOCK NOTES EXISTING 8" WOOD ' SLOPE RTW 0 THE CITY OF VIRGINIA BEACH IS NOT RETAINING WALL ; 1 EXISTING I(BELONING RESPONSIBLE FOR VERIFICATION OF (BELONGING TO LOT C) I EXISTING MOVEABLE 1 TO LOTG551) RESTRICTIONS REQUIRED BY OTHER 5' PEDESTRIAN I I WOOD WOOD `� ASSOCIATIONS OR AGENCIES. I STEPS PLATFORM • THIS EXHIBIT IS A RESULT OF FIELD ACCESS ESMT T1ES TO EXISTING MONUMENTS (M.B. 147, PG. 7) I N 76'53'JO E I COMBINED WITH THE COMPILATION OF I I /55'/ I DEEDS AND PLATS SHOWN HEREON __________ r- WOOD DECK % _ AND DOES NOT CONSTITUTE A --_- -—- _ _ 36" METAL RAILING ON BOUNDARY SURVEY. WOOD DECK 10' UTILITY ESMT I 12810 (M.B. 147, PG. 7) 1 5' INGRESS— ' EGRESS ESMT - LON/F51 N a (M.B. 147, PG. 7) p DONNA M. CUMMINGS 5' PEDESTRIANM T (I.N. 202000105542) ACCESS ESMT 1 W GPIN: 1590-41-2442 (M.B. 147, PG. 7) ; p 5' UTILITY & T LOT 552 DRAINAGE ESMT -------- O (M.B. 89, PG. 30) 31 GPIN.- 1590-41-1491 LTx O�yl �i CHARLE8NH. BONNER o (D.BKPoz91�4A, PG. 1144)H. RIC ARNER� r� 2904 Z �� 7212312023 O,� LOT B u .trr� 1 � CROIX CONDOMINIUM ? S 76'53'3 " W 55' SUR UNIT OWNERS' OCEAN SHORE A VENUE o 30 60 Fr ASSOCIATION (20' PUBLIC RIGHT-OF-WAY) (D.B. 2213, PG. 155) (FORMERLY 20' LANE) GRAPHIC SCALE GPIN: 1590-41-1318 (M.B. 32, PG. 8) SCALE: 1"=30' SHEET i OF 2 EXHIBIT 'A' ENCROACHMENT REQUEST FOR STEPS, RAILS, MOVEABLE PLATFORM, RETAINING WALL AND PROPOSED FENCE/RETAINING WALL LOT 552, CAPE STORY BY THE SEA PLAT NO. 2 (MAP BOOB 32, PAGE 8) FOR CHARLES H. & KRISTINA H. BONNER GPIN 1590-41-1491 Landscape Architecture date: 12 O1 2023 fb 1082 75 & 76 Civil Engineering / / �p9•: proj. no.: 222-0295 wpIsite.com 757.431.1041 M MUSTANG 1RAL SUE 8 1AR61iA ff K VA 2M*1 file: 222-0295-Encroachment ex.dwg plat ref.: C-166 CAD/chk: BKM/eag CHESAPEAKE BA Y N/F TOP OF DUNE PROPOSED 4'-6' CITY OF VIRGINIA BEACH _ WOOD FENCE/ (IN. 200501200010596) (GPIN:1590-41-5731) — —RETAINING WALL x x x x x x x x x x x TOE OF SLOPE �I /C;, EXISTING 8" WOOD RETAINING WALL m (BELONGING TO LOT C) EXISTING MOVEABLE WOOD EXISTING WOOD STEPS PLATFORM (2.2'x2.6') W/ RAILS (6.2'x2.8') (6 SQ. FT.) 8" BLOCK RTW (17 SO. Fr) (BELONGING TO I 2.24' 5.08' LOT 551) 2.20' 0.57' 22.5' 26.4' 0.48' 1.1' N 765J'30 E x x x I Ix X 36" METAL WOOD RAILING ON DECK WOOD DECK i L op r't LOT 552 N/FCHAF GP/N.- 1590-41-1491 H. B ONNIM do I(RI KRt SiINA H. 8"ER (D.B. 2914, PG. 1144) RIC ARNER LAC. 2904 0 10 20 30 Feet 1212312023EEEEFII �. GRAPHIC SCALE ��� SURD SCALE: 1"=10' SHEET 2 OF 2 EXHIBIT 'A' ENCROACHMENT REQUEST FOR STEPS, RAILS, MOVEABLE PLATFORM, RETAINING WALL AND PROPOSED FENCE/RETAINING WALL LOT 552, CAPE STORY BY THE SEA PLAT NO. 2 (MAP BOOK 32. PAGE 8) FOR CHARLES H. & KRISTINA H. BONNER GPIN 1590-41-1491 Landscape Architecture Land Surveying date: 12/01/2023 1 FB/PG.: 1082/75 & 76 proj. no.: 222-0295 Civil Engineering wpIsite.com 757.431.1041 242 w AN61RK siE 8 VitliiA BEACH,vA 2w2 file: 222-0295—Encroachment ex.dwg plat ref.: C-166 CAD/chk: BKM/eag �; � '' 4 t �s ���j� w �jm�t �IP i..1 � +�wF f �_ ;, � � i f tea #� !� t ,�i t�, .N s' � �� �,. � t � $n' �? ��l �''E r-tz ;..�' e� r i tp �f�-. � f. i *' �# ,, ,' �, f � _ �It �,, r r` � � . ,,�* �'a'"Y � . � � �� �� ' �s �r a.= e `a �'� .a +' > ii..P'}3 n j �� e Q ra R< � �� i � � ��6�� �� �a�, ( �- � „. {,� ;P p�p� 1 .� � { sl �`� Q ��� i � � ,� ®�� .� e� { �"�'�' .� ,� ��� ' n �� --- -- '.'� ��t' ; r �� � , s_ :,.� z�r ; . '� . .y, .. .r w � 4V# * 401 � e 4e*� 41W 40� � P ♦ ♦ ♦♦406 ���♦� \ ♦'`�►��' < �T ��, /� ��/�� {{/ of 1.. LAC 16 At ,r a r I r ^ < N W E eaKe gal CnesaP m m A O Z 1590-41-1491 p A S �� 0?E GNP OGEPN S `�- 13 'P O A ns � N� LOCATION MAP f ENCROACHMENT REQUEST Legend Gl J ONTO CITY PROPERTY/ Rp�X ' EXCESS CITY PROPERTY City Properties G OWNER: CHARLES H BONNER 1590-41-1491 GPIN 1590-41-1491 Feet ® 30' Encroachment j" 0 50 100 200 Prepared by P.W./Eng./Eng.Support Services Bureau 02/01/2021 X:\CADD\Projects\ARC FilesWGENDA MAPS\1590-41-1491 Disclosure Statement CYIg of V&yima BM1CF! -... Planning & Community 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 CHARLES H. BONNER, MD& KRISTINA H. BONNER 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 M 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 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 City of Virginia Btut* Planning & Community MOW- Development P Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes ® NO • If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes M 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 i 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 ® 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 City of Virginia Beat+ Planning & Community Development IWO 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. WPL 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 bod r committee in connection with this application. Applicant Signature r' CHARLES H. BONNER KRISTINA H. BONNER Print Name and Title February 1,2024 February 1,2024 Date Is the applicant also the owner of the subject property? 0 Yes ❑ 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 changes as of Date Signature Print Name Revised 11.09.2020 3 1 P a g e Disclosure Statement 13 City Of Orginia Bemlr Planning & Community Development Continue to Next Page for Owner Disclosure Revised 11.09.2020 4 P a g e Disclosure Statement X13 C8 y of Kryinia Beach Planning & Community Development Owner Disclosure Owner Name CHARLES H. BONNER, MD& KRISTINA H. BONNER Applicant Name CHARLES H. BONNER, MD & KRISTINA H. BONNER Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes M 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 bV 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 M NO • If yes,what is the name of the official or employee and what is the nature of the interest? "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 Disclosure Statement ,TX3 City of Viryinin Beach Planning &Community Development 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 M No • If yes,identify the financial institutions providing the service. 2. Does the Owner 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 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 0 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 M 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 M 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 City of Viryiniu Beach Planning & Community Development 8. Is the Owner 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 legal the service. Owner 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. Owner Signature CHARLES H. BONNER / KRISTINA H. BONNER Print Name and Title February 1,2024 February 1,2024 Date Revised 11.09.2020 7 P a g e CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funding from Dominion Energy Virginia for Section 106 Mitigation of Adverse Visual Effects to Historic Resources Related to the Coastal Virginia Offshore Wind Commercial Project MEETING DATE: March 5, 2024 ■ Background: The Bureau of Ocean Energy Management (BOEM) has approved construction and operation of the Coastal Virginia Offshore Wind Commercial Project (CVOW-C) off the Atlantic Coast of Virginia Beach in Lease Area OCS-A 0483. BOEM has determined that approval of the CVOW-C project constitutes an undertaking subject to Section 106 of the National Historic Preservation Act. BOEM has determined the construction, installation, operations, and maintenance of the CVOW-C project has the potential to adversely affect historic properties. BOEM has prepared an Environmental Impact Statement (EIS) for the CVOW-C project. Within the range of project alternatives analyzed in the EIS, BOEM determined that there are 23 historic above-ground resources in the Area of Potential Effects in Virginia Beach that would be visually adversely affected by the offshore wind turbine component of the project. Mitigation funding ($290,000) is intended to cover 22 of the properties; the Cape Henry Lighthouse will receive it own mitigation funding. A Memorandum of Agreement (MOA) has been executed among BOEM, the State Historic Preservation Officers of Virginia and North Carolina, and the Advisory Council on Historic Preservation regarding the CVOW-C project. Dominion Energy Virginia and the City are signatory parties. The MOA provides for mitigation funding through the Section 106 process to address the adverse visual effects on historic resources. Mitigation funds in the amount of $290,000 have been awarded by Dominion Energy Virginia to the City to be used to support projects that address some of the local historic preservation program's priorities, including: • Development of a Sea Level Rise and Disaster Mitigation Plan for historic resources • Preparation of National Register of Historic Places (NRHP) nominations for gunning and hunting clubs in Virginia Beach • Survey and documentation of the historically African American neighborhoods of Doyletown and Queen City, and support of the production of NRHP nominations for them and/or for historic mid-century hotels in Virginia Beach • Production of a pattern book for the Cavalier Shores Historic District • Educational programs and interpretation of the Virginia Beach Surf and Rescue Museum and the Atlantic Wildfowl Heritage Museum/deWitt Cottage ■ Considerations: If approved, the funding will be provided to the Department of Planning for the above activities. No local match is required. The City has five years to expend the funds. ■ Public Information: Normal City Council agenda process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Planning and Community Development City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDING FROM DOMINION ENERGY VIRGINIA FOR 3 SECTION 106 MITIGATION OF ADVERSE VISUAL EFFECTS 4 TO HISTORIC RESOURCES RELATED TO THE COASTAL 5 VIRGINIA OFFSHORE WIND COMMERCIAL PROJECT 6 7 WHEREAS, the Bureau of Ocean Energy Management is in the process of 8 authorizing construction and operation of the Coastal Virginia Offshore Wind Commercial 9 Project; 10 11 WHEREAS, the Bureau of Ocean Energy Management determined that there are 23 12 historic above-ground resources that would be visually adversely affected by the offshore 13 wind turbine component of the project; 14 15 WHEREAS, mitigation funds in the amount of $290,000 have been awarded by 16 Dominion Energy Virginia to the City to address local historic preservation program priorities 17 and to cover mitigation for 22 of the 23 affected properties (Cape Henry Lighthouse will 18 receive its own funding); 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA, THAT: 22 23 $290,000 is hereby accepted from the Dominion Energy Virginia and appropriated, 24 with miscellaneous revenues increased accordingly, to the FY 2023-24 Operating Budget 25 of the Department of Planning and Community Development for local historic preservation 26 program priorities. 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 of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: s , Budget and Management Services ity Attorney's Office CA16437 R-2 February 29, 2024 \t41A St'�1 .. 7. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate State Funds for Salaries in Community Corrections and Pretrial Services MEETING DATE: March 5, 2024 ■ Background: The City receives funding from the Comprehensive Community Corrections and Pretrial Services Act FY2024 Grant. The previous estimate of this grant was $1,319,444. On January 24, 2024, $19,446 in additional funds were added to the grant for a salary increase for full-time state-funded local positions. The salary increases were effective July 1, 2023, and can be retroactively applied to that date. With this increase, the new total grant amount is $1,338,890. This is the second adjustment to the Comprehensive Community Corrections and Pretrial Services Act FY2024 Grant. On January 16, 2024, the City Council appropriated an additional $46,300. ■ Considerations: Additional funding of$19,446 will provide salary increases for full- time state-funded local positions. As a grant, the funding is not guaranteed to be provided in future fiscal years. ■ Public Information: Normal Council Agenda process. ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manager:CV 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 FUNDS FOR SALARIES IN COMMUNITY CORRECTIONS 3 AND PRETRIAL SERVICES 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 $19,446 is hereby accepted from the Virginia Department of Criminal Justice 9 Services and appropriated, with revenue from the Commonwealth increased accordingly, 10 to the FY 2023-2024 Department of Human Services Operating Budget for salary 11 increases in Community Corrections and Pretrial Services. 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: v B. dget and Management Services Cit Attorney's Office CA16436 R-1 February 20, 2024 M. 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 86a, Street& 8600 Ocean Front Avenue DISTRICT 6 (Deferred from February 6, 2024) RECOMMENDATION: APPROVAL 2. C THE JEMS,LLC/JONATHAN PROPERTIES, LLC for a Modification of Proffers to a Conditional Change of Zoning and a Conditional Use Permit re bulk storage yard—tow at 2625 Horse Pasture Road DISTRICT 5 (Deferred from February 20,2024) RECOMMENDATION: APPROVAL O R5R(NE) o R�5'R.(;N;E:) c� Broth Street 8 6th Street R5R(N E) N ® Site --- - Ruffin 86, LLC W E Property Polygons 109A & 109B 86th Street, 8600 Ocean Front Avenue S 71 Zoning Building Feet 0 510 20 30 40 50 60 ��tnl1 6t9r y. � _ ; CITY OF VIRGINIA 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: March 5, 2024 (Deferred on December 12, 2023, January 2, 2024, & February 6, 2024) ■ 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. 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. The applicant has worked with the Civic League and Staff to revise the plan to reflect one 18-foot wide driveway for the residence and the conversion of the existing driveway to the Ruffin 86, LLC Page 2 of 2 east to public parking. Per the applicant, the Civic League is in support of the revised exhibit and Staff also finds the revisions to be acceptable. ■ 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 86t" 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 REVISED Driveway Exhibit dated 01/17/2024 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: YW Applicant& Property owner Ruffin 86, LLC Agenda Item Planning Commission Public • • - 2023 CouncilCity Virginia Beach Request Subdivision Variance (Section 4.4 (c) of the Subdivision Regulations) Staff Recommendation \ Approval Staff Planner g9sNg� Marchelle Coleman �zNg s Location Vitt 109 A& B 86th Street & 8600 Ocean Front es�Nsi is Avenue 5t ym g51H GPINs syo g41H st� 2510517095, 2510518047 Re0R ao , e� s4 Site Size �,aosj 7,500 square feet AICUZ Less than 65 d6 DNL ` Watershed Atlantic Ocean '17.��. _• *3r .lam ,.gem �e.�' , �` Existing Land Use and Zoning District , r, 1 Duplex, Single-family Dwelling/ R-5R Residential (NE) North End Overlay Surrounding Land Uses and Zoning Districts ° _ r North y y' Single-family Dwelling/R-5R Residential (NE) ,V North End Overlay ` South ; 86`�Street e - Single-family Dwellings/ R-5R Residential (NE) North End Overlay ' 73 East 3 150-foot unimproved right-of-way .w.•�:`Y �n� 'V West 'v.-ter• Ocean Front Avenue Single-family Dwelling/ R-5R Residential (NE) North End Overlay Ruffin 86, LLC Agenda Item 5 Page 1 Background SummaryofProposal • 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. Required Required Proposed Required Proposed Proposed Lot Width for • • • Area in Corner Lots in Corner • Frontage in Frontage in Areain (feet) (feet) (feet) (feet) (acre) Parcel Lot 6A 60 feet 50 feet* 40 feet 50 feet 5,000 feet 7,500 feet *Variance required Ruffin 86, LLC Agenda Item 5 Page 2 E) RSR)NE) No Zoning History to Report -- /' 1 5R�NE) �RlE) r Application Types CUP—Conditional Use Permit MDC—ModificationofConditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—ModificationofProffers FVR—FloodplainVariance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STIR—Short Term Rental Evaluation • • • 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. Comprehensive • 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 a"D") Existing Land Use 2-30 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) 86th 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 861h 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 861h Street. Public Outreach Information 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, February 20, 2024 and February 27, 2024. • 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 February 19, 2024. • 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 March 1, 2024. Ruffin 86, LLC Agenda Item 5 Page 6 �. ,. SITE DATA -- • MMw!•r.wwn.a.Y.rfYr�rr _.�_.......__— YvwwYlMlll Il?Y .I M111�M�MFY�MI1".YiJIM�YWUF NY• .�_.�—�—�— �'" • 4.+MMwi/./ieJ/MYM Me ltt# wtw Y#Me r• tWYb r ltlt ..rrJJr n � � .,` •..wYtt! .n+wnriw arfllw/rw '(y �,s �•.•w. s •�, !�/Y/M/MNJYIiIIr�Jii. ]1'it /. :Y.�t h Mel Fw^.'e. 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MR..w.,a+,rr r ; a*oop max( +••f.ara' < 14J e O to mk••mel. . �..�_.•-.�.. �,.,..�_ _�.-�.-�.-�..-..-.r.w.-�-4w4r^-w-.ra.-�.-�-...... • _ rm>an.._._�_._.y_._, > _ 4 iT��r Aa r wrua} 1 R !p� 4 y■ �}Y QEy PROPOSED LOT 6A�...= n r Rf 4 AW g mrsw ka�r • Rrr,..a Mrs.• • w..r _. f' -"..r,�-_,.... +,.i 00 t a /awawl • 00 WY �..; G aw R Mf•0.'+ba .o m •r,w ARAPMC ,9CALt A C-1.0 rD - Q _. PLOT DATE- AUGUST 91, 2020 PLAN STATUS- CITY SUBMITTAL r 00 (D Ql (D E fr- 00 Cn n 6 @Sed S wall epua9v Dll `98 TP4, . iSA Ss IgIlli + 3�6,c IlanROM, 6 it t •,MRij {•. Ya•�� \ ____ � ` • - pig__ �wz 3 ------------ IN 14 Y/.__... ar•.� , e T .�' E m � LLC o i N I • tso•tw�wr r _ _ w ! ...•r. CONCEPTUAL&TE LAYOUT i. • posodOJd Proposed i • Elevations PROPOSED NORTH ELEVATION l 1a_ I w I a L1JYl PROPOSED SOUTH ELEVATION Ruffin 86, LLC Agenda Item 5 Page 10 Proposed Building Elevations PROPOSED EAST ELEVATION i PROPOSED WEST ELEVATIONS Ruffin 86, LLC Agenda Item 5 Page 11 Site Photos r Z ,L-- Orj AKI Ac AW m Site Photos IRK- Aw Allk - — +w�40rlc- Ar- rl ,� '�l ♦ �� . . -gam 'Y Disclosure Disclosure Statement �[ f'ily,�ltyiluu 6aHh Planning&Commtmity I 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 Ruffin 86, LLC Does the applicant have a representative? [Y 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'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 50 percent of the voting power of another corporation." See State and local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101, Revised 11.09.2020 1 l Ruffin 86, LLC Agenda Item 5 Page 14 Disclosure Disclosure Statement C1n,of 4 upi,no Rmd, 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?❑Yes 9 No • If yes,what is the name of the official or employee and what is the nature of the interest? Apglica nt 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 9 No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/reactor for current and anticipated future sales of the subject property? ❑Yes E(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 fi rm 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?9 Yes ❑No • If yes,identify the firm and individual providing the service. Morth, Erin Webb 5. Is there any other pending or proposed purchaser of the subject property?❑Yes 0 No • If yes,identify the purchaser and purchasers service providers. Revised 11,09.2020 2 Ruffin 86, LLC Agenda Item 5 Page 15 Disclosure Disclosure Statement 'V" 0dvavi —H--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?E�Yes ❑No • If yes,identify the firm and individual providing the service WPL, Eric Garner S. 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 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. Applica7t Sig Print Name and Title Date Is the applicant also the owner of the subject property? d Yes ❑ No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/ that pertains to the applications ® No changes as of Date 2/16/2024 Signature of n Marchelle L.Coleman Revised 11.09.1010 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 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 en 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. SITE DATA LEGEND, w ..� 'rim :$ _•" F]PROPOsm RUFFN RESIDENCE DRIVEWAY _M.. CG:i.S' ❑CONSTRUCT SVEWALK .SIT -.sr... _ = lw O E%ISTNO PAVUEENT TO ROMAN FOR NO'�i�-j,•"'` PUBLIC PARK _ i 4�-. ❑GREEN SPACE mn... w.�,RRL6 wp w w ww LOCATION MAP :do aroocl000 a W ell i on•Vucl ` I'TI'TO 3 .6-1k a MV a w__ /.•: t� -` , • l5fece -� PRELNNARY r.... �� pa emV o a.»w -_-.__— t • � -_ - ertH�n for LINE OF PUBLIC WORK• I \ \ \ .. \- NORTH END DRIVE WAY WIDTH VARIANCE pn•a•. .^ ..�yl..m mQ*i Public --i 4yt .•N r.r M.: om 1+ a.-uu• PR POSED Ir REVISED:JAN.17,2024 PP blic LICANT reen P ..i....Mom PR OVIDED Sara u 2-1/2"TO 3" Parki S n IPER LIVE OAK .6 -II 'o y GRAPHIC BCALE LZ.O PLOT DATE-JANUARY 17.2024 PLAN STATUS-PRILMAWARY 12 oo 000 Dam-Nec k Ro-- ---------------------------------- aa N ® site C the Jems, LLC W Property Polygons 2625 Horse Pasture Road Zoning Building Feet 01530 60 90 120 150 180 aA' r441 0 cs f; �Lv CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: C THE JEMS, LLC [Applicant] JONATHAN PROPERTIES, LLC [Property Owner] Modification of Proffers to a Conditional Rezoning (Amend Proffers from 2004) and Conditional Use Permit (Bulk Storage Yard — Tow Lot) for the property located at 2625 Horse Pasture Road (GPIN 1495656521). COUNCIL DISTRICT 5 MEETING DATE: March 5, 2024 (Deferred on February 20, 2024) ■ Background: The 2.44-acre parcel zoned 1-1 Light Industrial is part of the Taylor Farm Commerce Park was conditionally rezoned in 2002 and amended in 2004. The applicant seeks to modify the 2004 amended proffers to allow vehicular parking and outdoor storage to be located between the building and Dam Neck Road. The remaining parcels in this Commerce Park will remain subject to the 2002 and the amended 2004 proffers. In conjunction with this request, the applicant also seeks a Conditional Use Permit to construct and operate a tow/impound lot for motor vehicles, which is classified as a Bulk Storage Yard in the Zoning Ordinance. The development includes a 300 square foot office building which will conform to the original and amended proffers for building design and materials. ■ Considerations: The Planning Commission concurred with Staff, finding the request for a bulk storage yard to store motor vehicles outdoors within the Taylor Farm Commerce Park to be acceptable. As proposed, the storage yard will not be visible from Dam Neck Road; it will be screened by an eight-foot privacy fence with Category VI landscaping. In addition, the bulk storage yard is proposed to be setback 164 feet from Dam Neck Road with an existing 50-foot wide landscape buffer running parallel to Dam Neck Road. Stormwater runoff from the proposed building and storage yard will be collected into an underground detention system that will treat for both water quality and water quantity before discharging into the existing public wet pond to the south. Further details pertaining to the application, as well as Staff's evaluation, are provided in the attached staff report. There is no known opposition to these requests. C the Jems, LLC Page 2 of 3 ■ Recommendation: On January 10, 2024, the Planning Commission passed a motion to recommend approval of these items on the Consent Agenda, by a recorded vote of 11-0. Modification of Proffers: Proffer 1: Subsection "g" of amended proffer numbered 2 as contained in the 2004 Amended Proffer recorded in the above referenced Clerk's Office as Instrument Number 200409220151888 is hereby modified and replaced with the following: g) No onsite vehicular parking, outdoor storage, loading docks, or loading areas shall be permitted between Dam Neck Road and any building on a parcel adjacent to Dam Neck Road unless the use is setback no less than 140 feet from Dam Neck Road and screened by Category VI Landscape Buffer. Proffer 2: Except as expressly modified herein, with respect to the Property, all of the proffers, covenants, restrictions and conditions set forth in the Original Proffers as modified by the 2004 Amended Proffer are ratified, affirmed and remain binding upon the Property and upon any party holding title under, by or through the Grantor. Conditional Use Permit: 1 . Development of the site shall be in substantial conformance to the submitted exhibit entitled, "Preliminary Layout for Affordable Towing Storage Yard", dated October 16, 2023, prepared by CECS, copy of which have been exhibited to the Virginia Beach City Council is on file with the Virginia Beach Department of Planning & Community Development. 2. When developed, the office building shall be in substantial conformance to the submitted exhibit entitled, "2625 Horse Pasture Rd Elevations", dated December 1 , 2023, copy of which have been exhibited to the Virginia Beach City Council is on file with the Virginia Beach Department of Planning & Community Development. 3. The fencing shall be installed at a minimum height of 8 feet, earth-tone in color, and be of a maintenance-free material approved by the Planning Director. 4. The final stormwater management plan submitted to the Development Services Center (DSC) shall be in substantial conformance with the Preliminary Drainage Study and shall comply with the Stormwater Management Ordinance. 5. Prior to final site plan approval, a Lighting Plan in accordance with Sections 252 and 254 of the Zoning Ordinance, or as amended, shall be submitted for review and approval by the Department of Planning and Community C the Jems, LLC Page 3 of 3 Development. Outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. ■ Attachments: Staff Report and Disclosure Statements Location Map Proffer Agreement Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. �- Submitting Department/Agency. Planning Department City Manager: , Applicant •. CommissionProperty Owner Jonathan Properties, LLC Items Planning • 1 2024 I I, )BCityCouncil Virginia Beach Requests #4 - Modification of Proffers (Amend Proffers from 2004) #5 - Conditional Use Permit (Bulk Storage Yard—Tow Lot) �NLpJ Staff Recommendation A"aTDa DR Approval 0 Staff Planner a `ONDONSRIDGE RD Hoa N. Dao "•.... NORSE PASTURE RD Location NECK RD 2625 Horse Pasture Road GPIN 1495656521 Site Size 2.44 acres AICUZ Greater than 75 dB DNL; APZ-1 Watershed Southern Rivers Existing Land Use and Zoning District Vacant lot/ 1-1 Light Industrial 1 a # Surrounding Land Uses and Zoning Districts North Horse Pasture Road } Office/warehouse/ 1-1 Light Industrial South / �> Dam Neck Road 4 � a Yew is Single-family dwellings, cultivated field/AG-1 11.4 Agricultural East Office/warehouse/ 1-1 Light Industrial West T , Office/warehouse/ 1-1 Light Industrial „.,ECKRD C the Jems, LLC Agenda Items 4 & 5 Page 1 Background & Summary of Proposal • The subject site is located within the Taylor Farm Commerce Park and was rezoned to Conditional 1-1 Light Industrial on May 14, 2002. In 2004,the proffers were amended to require a minimum side yard setback of 30 feet for lots that abut Dam Neck Road. • The applicant seeks a Modification of Proffers to amend Subsection G of Proffer 2 from the 2004 amended proffers to allow vehicular parking and outdoor storage to be located between the building and Dam Neck Road. The amendment to Subsection G will only be applicable to this parcel. The remaining parcels in this Commerce Park will remain subject to the 2004 amended proffers. In conjunction with this request,the applicant also seeks a Conditional Use Permit to construct and operate a tow/impound lot for motor vehicles, which is classified as a Bulk Storage Yard in our Zoning Ordinance. • The property is located within the greater than 75 dB DNL and APZ-1 of the AICUZ. The proposed use of a tow lot is compatible within both the noise and accident potential zones. • The development includes a 300 square foot office building consisting of wood or cement siding, architectural asphalt shingles,vinyl clad windows, and shutters. • Parking surfaces are required to be constructed of concrete, asphalt, or of a suitable material approved by the Planning Director per Section 203(b)(5). The applicant seeks to be allowed to use gravel as a parking surface. 12 4 !/ Zoning History �� z # Request f12 n 1 MDP Approved 02/15/2022 — sruae n 2 MDP Approved 05/18/2021 3 CUP(Craft Brewery)Approved 03/20/2018 4 CUP(Bulk Storage Yard)Approved 07/02/2013 CRZ(AG-1&AG-2 to Conditional 1-1)Approved 01/11/2005 5 MDP Approved 09/14/2004 CRZ(AG-1&AG-2 to Conditional 1-1)Approved 05/14/2002 iz -_ 6 CUP(Outdoor Recreational Facility)Approved 09/23/1997 Application Types CUP—Conditional Use Permit MDC—ModificationofConditions STC—Street Closure SVR—SubdivisionVariance REZ—Rezoning MDP—Modification of Proffers FVR—FloodplalnVariance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—Alternative Compliance STR—Short Term Rental EvaluationRecommendation In Staff's opinion,the applicant's request for a bulk storage yard to store motor vehicles outdoors within the Taylor Farm Commerce Park is acceptable.The storage yard will be screened by an eight-foot privacy fence with Category VI landscaping. In addition, the bulk storage yard is proposed to be setback 164 feet from Dam Neck Road. Furthermore, there is an existing 50-foot wide landscape buffer running parallel to Dam Neck Road and an stormwater management pond that will further screen the site from Dam Neck Road. C the Jems, LLC Agenda Items 4& 5 Page 2 Through Section 203(b)(5) of the Zoning Ordinance,the applicant seeks to utilize gravel as an alternative parking surface for the bulk storage area. The Planning Director has considered and approved the use of gravel as an alternative parking surface for this use. As the site drains into the Southern Rivers Watershed, a conceptual stormwater management strategy was submitted and reviewed by Staff. Staff agrees it can successfully comply with the stormwater requirements. Final design and detailed updates will be made during site plan submittal to ensure conformance with all requirements set forth in the Public Works Design Standards Manual. As proposed, the storage yard will be well-screened from the public right-of-way. Based on these considerations, Staff recommends approval of these requests subject to the proffers and conditions listed below. Proffers The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: Subsection "g" of amended proffer numbered 2 as contained in the 2004 Amended Proffer recorded in the above referenced Clerk's Office as Instrument Number 200409220151888 is hereby modified and replaced with the following: g) No onsite vehicular parking, outdoor storage, loading docks, or loading areas shall be permitted between Dam Neck Road and any building on a parcel adjacent to Dam Neck Road unless the use is setback no less than 140 feet from Dam Neck Road and screened by Category VI Landscape Buffer. Proffer 2: Except as expressly modified herein, with respect to the Property, all of the proffers, covenants, restrictions and conditions set forth in the Original Proffers as modified by the 2004 Amended Proffer are ratified, affirmed and remain binding upon the Property and upon any party holding title under, by or through the Grantor. Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the agreement and found it to be legally sufficient and in acceptable legal form. Recommended Conditions 1. Development of the site shall be in substantial conformance to the submitted exhibit entitled, "Preliminary Layout for Affordable Towing Storage Yard", dated October 16, 2023, prepared by CECS, copy of which have been exhibited to the Virginia Beach City Council is on file with the Virginia Beach Department of Planning & Community Development. 2. When developed, the office building shall be in substantial conformance to the submitted exhibit entitled, "2625 Horse Pasture Rd Elevations", dated December 1, 2023, copy of which have been exhibited to the Virginia Beach City Council is on file with the Virginia Beach Department of Planning & Community Development. 3. The fencing shall be installed at a minimum height of 8 feet, earth-tone in color, and be of a maintenance-free material approved by the Planning Director. C the Jems, LLC Agenda Items 4&5 Page 3 4. The final stormwater management plan submitted to the Development Services Center(DSC) shall be in substantial conformance with the Preliminary Drainage Study and shall comply with the Stormwater Management Ordinance. 5. Prior to final site plan approval, a Lighting Plan in accordance with Sections 252 and 254 of the Zoning Ordinance, or as amended, shall be submitted for review and approval by the Department of Planning and Community Development. Outdoor lighting fixtures shall not be erected any higher than fourteen (14)feet. 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. 114 Amended Proffers 1. Proffer numbered "2" is amended to read: The parcels shall be subject to the following mandatory site development guidelines: a) A fifty-foot (50') landscape setback from Dam Neck Road shall be maintained by the Property Owners Association and no improvements shall be located within the landscape setback. b) A twenty-foot (20) landscape setback from London Bridge road shall be maintained by the Property Owners Association and no improvements shall be located within the landscape setback. c) A minimum fifty-foot (50') building setback shall be required from London Bridge Road. d) A minimum thirty-foot (30') side yard building setback shall be required on those lots with a rear property line which abuts Dam Neck Road. e) A minimum fifteen foot (15') side yard building setback shall be required on those lots which do not have a property line abutting Dam Neck Road, provided a ten foot (10')wide Category II Landscape Buffer is maintained along the entire length of the side property line from which the fifteen foot (15') setback is measured. f) No freestanding signage shall be permitted adjacent to either Dam Neck Road or London Bridge Road and all signage shall comply with the "SIGN CRITERIA FOR TAYLOR FARM CORPORATE PARK", dated March 15, 2002 which are included in the Deed Restrictions described in Proffer number 3. g) No onsite vehicular parking, outdoor storage, loading docks or loading areas shall be permitted between Dam Neck Road and any building on a parcel adjacent to Dam Neck Road. h) No building shall exceed forty-five feet (45') in height and the primary exterior surface of all buildings shall be either brick, split face block, painted block, concrete panel, stone, wood, EIFS, or metal and shall be an earth- tone color or colors. The exterior surface of any building on parcels numbered 8 through 14 on the site plan, which are visible from Dam Neck Road shall be either brick, split face block or stone." The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). C the Jems, LLC Agenda Items 4& 5 Page 4 2002 Proffers 1. When the Property is developed, it shall be developed into no more than fourteen (14) parcels substantially as shown on the exhibit entitled "TAYLOR FARM CORPORATE PARK SITE PLAN Virginia Beach,Virginia", dated 03/11/02 and prepared by Spectra Group, which has been exhibited to the Virginia Beach City WOMACK—CHAPPEL Agenda Item# 19 Page 3 Council and is on file with the Virginia Beach Department of Planning(hereinafter"Site Plan"). 2. The parcels shall be subject to the following mandatory site development guidelines: a) A fifty-foot (50') Landscape setback from Dam Neck Road shall be maintained by the Property Owners Association and no improvements shall be located within the Landscape setback. b) A twenty-foot (20') Landscape setback from London Bridge Road shall be maintained by the Property Owners Association and no improvements shall be located within the Landscape setback. c) A minimum fifty-foot (50') building setback shall be required from London Bridge Road d) A minimum thirty-foot (30') side yard building setback and rear yard building setback(on non-through lots) shall be required. e) No freestanding signage shall be permitted adjacent to either Dam Neck Road or London Bridge Road and all signage shall comply with the "SIGN CRITERIA FOR TAYLOR FARM CORPORATE PARK" dated March 15, 2002 which are included in the Deed Restrictions described in Proffer#3. f) No onsite vehicular parking, outdoor storage, loading docks or loading areas shall be permitted between Dam Neck Road and any building on any parcel adjacent to Dam Neck Road. g) No building shall exceed forty-five feet(45') in height and the primary exterior surface of all buildings shall be either brick, split face block, painted block, concrete panel,stone,wood, EIFS or metal and shall be an earth- tone color or colors. The exterior surface of any building on parcels numbered 8 through 14 on the site plan, which is visible from Dam Neck Road shall be either brick, split face block or stone. 3. When the property is subdivided it shall be subject to a recorded Declaration of Protective Covenants, Conditions and Restrictions ("Deed Restrictions") administered by a mandatory membership Property Owners Association. In addition to the requirements set forth herein,the Deed Restrictions shall include Articles requiring mandatory assessments for maintenance of the landscape buffers and entrance features as well as Architectural Controls. The Deed Restrictions have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 4. Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Comprehensive Plan Recommendations The subject property is located within the South Oceana Special Economic Growth Area (SEGA), which the Comprehensive Plan identifies as having significant economic value and growth potential. Developments along key roadways are desired to have attractive and high-quality architectural building materials and designs. This particular portion of the SEGA is designated for a mix of light industrial, low-rise office, and limited retail use. As such,the proposed bulk storage yard would be considered a compatible use. C the Jems, LLC Agenda Items 4 & 5 Page 5 ResourcesNatural & Cultural • The site is within the Southern Rivers watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils,and high-water surface elevations in downstream receiving waters. There does not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Existing Land Use`-0 ADT Horse Pasture Road No Data Available 9,900 ADT 1(LOS°"D") Existing Zoning 2b-182 ADT Proposed Land Use 3—No Data Available 'Average Daily Trips 2a as defined by a vacant lot 3 No information available in the 4 LOS=Level of Service ITE Trip Generation Manual for a 2b as defined by a 2.44-acre tow lot parcel zoned 1-1 Master Transportation Plan (MTP) and Capital Improvement Program (CIP) This portion of Horse Pasture Road is considered a two-lane collector roadway.There are no CIP roadway projects planned for this area. Stormwater Impacts Project Stormwater Design Staff Summary This project consists of a storage yard for towed vehicles. In addition to the storage yard,this project will include a small building, and an underground stormwater management facility to support the proposed development. Stormwater runoff from the site currently sheet flows in two directions,towards the public wet pond to the south,and towards the drainage ditch to the west. Stormwater runoff from the proposed building and storage yard will be collected into an underground detention system that will treat for both water quality and water quantity before discharging into the existing public wet pond to the south.The purchase of offsite nutrient credits will be utilized for any remaining water quality pollutant load reduction requirements not treated by the underground detention system. Based on the information provided by Civil Engineering and Construction Services in the Preliminary Drainage Study,the DSC agrees that the proposed conceptual stormwater management strategy can successfully comply with the stormwater requirements. Final design and detailed updates will be made during site plan submittal to ensure conformance with all requirements set forth in the Public Works Design Standards Manual. More detailed project stormwater information is listed below. Project Information Total project area:0.76 acres Pre-Development impervious area: 0.03 acres Post-Development impervious area:0.55 acres Stormwater Management Facility Design Information Type of facility proposed: Underground Detention C the Jems, LLC Agenda Items 4&5 Page 6 Description of outfall: Stormwater runoff from the site that enters into the Stormwater Management Facility will discharge into an onsite public storm pipe that discharges into the existing public pond.. Downstream conveyance path:This site is part of the Upper West Neck Creek Drainage Basin. Drainage from this site drains from the onsite pond into a large public drainage ditch, which crosses south under Dam Neck Road,then into West Neck Creek,through the North Landing River, and ultimately into Back Bay. Back Bay drains through the Currituck Sound and into the Atlantic Ocean. Public Utility Impacts Water & Sewer City water and sanitary sewer services are available for connection. There is a 10-inch City water main and an 8-inch City sanitary sewer gravity main along Horse Pasture Road. PublicOutreach Information Planning Commission • As required by the Zoning Ordinance,the public notice sign(s) was placed on the property on December 11, 2023. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays, December 27, 2023 and January 3, 2024. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on December 26, 2023. • 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 January 4,2024. City Council • As required by City Code,this item was advertised in the Virginian-Pilot Beacon on Tuesdays, February 20, 2024 and February 27, 2024. • 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 February 19, 2024. • 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 March 1, 2024. C the Jems, LLC Agenda Items 4 & 5 Page 7 Proposed Site Layout 00 . %00C ., ; f s I \ i t l � C the Jems, LLC Agenda Items 4& 5 Page 8 Proposed Elevation SNOUVA313 L) C59CZ.bA N7Y3Fl bN19MIA oa 38niSVd 3SHOH szsz Q r r r r K� LLb ob LLo d E C w 1L z 2 Y ZD \ S5 ayyy�e �� m3yu �i OM 55� I O VS Z b A � O Z r O W G J ' Z� W a ti C the Jems, LLC Agenda Items 4 & 5 Page 9 Site Photos � ll LO C, Y` Y 7• .e f f f �f s'• �'�-a:,Y i A �Q'` �i+9r. � .•g�}i' , � ! yr' a�ng��yprr'. `ate , 4 r r� 1•�' tit -.. _` . Disclosure Disclosure Statement C'ny f l"igirm Bgrh Planning&Community - 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 C the Jems,LLC Does the applicant have a representative? N Yes ❑No • If yes,list the name of the representative. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. 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) Stacie Lanee Sawyers&Jonathan Mark Sawyers,Members&Managers • 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 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. 1 � C the Jems, LLC Agenda Items 4 & 5 Page 11 Disclosure Disclosure Statement CIIV�/tepnlN Amdl 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?❑Yes IS 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-collaterali:ation,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 applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ■Yes ❑No • If yes,identify the company and individual providing the service. Stacie Sawyers,Wainwright Real Estate 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?o Yes ❑No • If yes,identify the firm and individual providing the service. Zukerman&Associates 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 N 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 a No • If yes,identify the purchaser and purchasers service providers. 7I C the Jems, LLC Agenda Items 4 & 5 Page 12 Disclosure Disclosure Statement C¢y aJt,yini,!Koch �..� 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?5 Yes ❑NO • If yes,identify the company and individual providing the service. Applicant 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?R.Yes ❑NO a If yes,identify the firm and individual providing the service. Robert Sawyer/Sam Baraki,CECS 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?K Yes ❑NO If yes,identify the firm and individual providing the service. Robert Roussos,Esq. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the 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, C the JE145,LLC Applicant Signature Jonathan Mark Sawyers,Manager Print Name and Title Date Is the applicant also the owner of the subject property? ❑Yes W, NO • If yes,you do not need to fill out the owner disclosure statement. FOR ONLY/ that pertains to the applications ® No changes as of oaSe 02.21.2024 1 Signature Print Name Marchelle L.Coleman 31 C the Jems, LLC Agenda Items 4 & 5 Page 13 Disclosure Disclosure Statement City t Planning&Community Development Owner Disclosure Owner Name Jonathan Properties,LLC Applicant Name C the?ems,LLC Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business?FM Yes D NO 0 If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) Jonathan Guion,Sole Member/Manager • 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 Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes ® No • If yes,what is the name of the official or employee and what is the nature of the interest? '"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. 51 C the Jems, LLC Agenda Items 4& 5 Page 14 Disclosure Disclosure Statement X in cry ort' � Planning&Community Development 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 • If yes,identify the company and individual providing the service. Jonathan Commercial Properties:Jonathan Guion,Broker 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 i 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 0 NO • If yes,identify the purchaser and purchasers 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 K 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 0 No • If yes,identify the firm and individual providing the service. 6 ! C the Jems, LLC Agenda Items 4& 5 Page 15 Disclosure Statement Disclosure Statement lup J HrVumr U,u'h Planning&Community Development A, 8. Is the Owner 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 legal the service. Coleman&Coleman,P.C. Owner 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. n Jonathan Properties,LLC a By- Owner Signature - Jonathan Guion,Manager/Sole Member Print Name and Title. Date Rev?sed 11 09,2020 7 1 C the Jems, LLC Agenda Items 4& 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 757-385-5692. • 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. C the Jems, LLC Agenda Items 4 & 5 Page 17 �1N�'B�4c 0 U s CITY OF VIRGINIA BEACH • `� INTER-OFFICE CORRESPONDENCE 0p OUR NAT10NS In Reply Refer To Our File No. DF-11133 DATE: February 9, 2024 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson DEPT: City Attorney RE: Conditional Zoning Application; Jonathan Properties, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on February 20, 2024. 1 have reviewed the subject proffer agreement, dated December 5, 2023 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: City Manager AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS JONATHAN PROPERTIES, LLC,a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 51h day of December, 2023,by and between JONATHAN PROPERTIES, LLC, a Virginia limited liability company, Grantor; and THE CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of that certain parcel of property located in District #5 of the City of Virginia Beach, containing approximately 2.441 acres and described in Exhibit"A"attached hereto and incorporated herein by this reference (the"Property");and WHEREAS,the Grantor has initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by Petition addressed to the Grantee so as to modify a condition applicable to the Property that is zoned Conditional I-1 Industrial District; and WHEREAS, the Grantor has requested the Grantee to permit this modification of the Proffered Covenants,Restrictions and Conditions dated January 14,2002,and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia in Deed Book 4698,at Page 0794 (hereinafter "Original Proffers") as amended by FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS dated April 30, 2004 and recorded in the afore referenced Clerk's Office as Instrument Number 200409220151888 (hereinafter"2004 Amended Proffer") applicable to the Property; and GPIN: 1495-65-6521-0000 PREPARED BY: Prepared By: R.Edward Bourdon,Jr.,Esq.,VSB#22160 MIS.$OURDON. Sykes,Bourdon,Ahern&Levy,P.C. Atl£RN&I.M.P.C. 4429 Bonney Road Suite 500 Virginia Beach,Virginia 23462 WHEREAS,the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed proffer modification, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's proffer modification application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee,the following amendment to the previously proffered conditions related to the physical development, operation, and use of the Property to be incorporated as a part of the previously adopted amendment to the Zoning Map applicable to the Property. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following amended and modified declaration of covenants, conditions and restrictions governing the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property,which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives,assigns,grantees,and other successors in interest or title: 1. Subsection "g)" of amended proffer numbered 2 as contained in the 2004 Amended Proffer recorded in the above referenced Clerk's Office as Instrument Number 200409220151888 is hereby modified and replaced with the following: g) No onsite vehicular parking, outdoor storage,loading docks,or loading PREPARED BY: areas shall be permitted between Dam Neck Road and any building on a parcel SYKES.ROURDON. adjacent to Dam Neck Road unless the use is setback no less than 140 feet from Dam AHERN&LEVY.P.0 Neck Road and screened by Category VI Landscape Buffer. 2 2. Except as expressly modified herein, with respect to the Property, all of the proffers, covenants, restrictions and conditions set forth in the Original Proffers as modified by the 2004 Amended Proffer are ratified, affirmed and remain binding upon the Property and upon any party holding title under,by or through the Grantor. All references hereinabove to the I-1 Industrial Zoning District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach,Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions,having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance,shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950,as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded,said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach,Virginia,shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing,that any noncompliance with such conditions be remedied, PREPARED BY: SYK£S.BOURDON. and (b) to bring legal action or suit to insure compliance with such conditions, including ARERN&LEVY.P.0 3 mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions,the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department,and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. PREPARED BY: SYKES,BOUPDON. AHERN&LEVY.P.0 4 WITNESS the following signature and seal: Grantor: Jonathan Properties, LLC, a Virginia lim' d liability company By: (SEAL) an G Me be STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this Sth day of December, 2023, by Jonathan Guion, Sole Member/Manager of Jonathan Properties, LLC, a Virginia limited liability company, Grantor. ;4)lAA Notary Public My Commission Expires: August 31, 20.2-3-ZCa i►K ������P R y •�'•� Notary Registration Number:192628 '�:Q� Omow j0 Z.0 r O x •����9��NIA 'k assets PREPARED BY: SYY£S.$OURDON. AHERN&LEVY,P.C. 5 EXHIBIT "A" LEGAL DESCRIPTION ALL THAT CERTAIN LOT, PIECE OR PARCEL OF LAND,WITH ALL IMPROVEMENTS THEREON AND THERETO BELONGING, LYING AND BEING IN THE CITY OF VIRGINIA BEACH, VIRGINIA, KNOWN AS PARCEL 1-A, TAYLOR FARM COMMERCE PARK, CONTAINING 2.4407 ACRES, AS SHOWN ON A RESUBDIVISION PLAT ENTITLED"RESUBDIVISION OF LOTS 1&2 TAYLOR FARM COMMERCE PARK, PROPERTY OF WOMACK CHAPPELL, LLC, A VIRGINIA LIMITED LIABILITY COMPANY, VIRGINIA BEACH, VIRGINIA" AND PREPARED BY THE SPECTRA GROUP, DATED 11/13/07,AND RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH,VIRGINIA,AS INSTRUMENT NUMBER 20080318000301140, REFERENCE IS HEREBY MADE TO SAID PLAT FOR MORE PARTICULAR DESCRIPTION OF THE PROPERTY. GPIN: 1495-65-6521-0000 H:\AM\-Mod of Proffers\-C the JEMS\Amended Proffer.docx PREPARED BY: SYKES.$OURDON. AHERN&LEVY.P.C. 6 Virginia Beach Planning Commission January 10, 2024, Public Meeting Agenda Items # 4 & 5 C the Jems, LLC RECOMMENDED FOR APPROVAL- CONSENT Ms. Cuellar: Thank you very much. Application number four and five C the Jems, LLC and Jonathan Properties, LLC. Welcome back. Mr. Bourdon: Thank you, Ms. Cuellar. Again, for the record, Eddie Bourdon, Virginia Beach Attorney representing both applicants as well as I also have consent from the owner of the industrial park, Ms. Chapel. The application, the modification of proffers is acceptable to both the applicant and Jonathan Properties, the owner of the property. I want to put that in the record and the five conditions as recommended by staff are acceptable to C the Jems, LLC, Mark Sawyer's. The principal is here in attendance this afternoon and appreciate again was efforts and those on the Commission for putting on the consent agenda. Thank you. Ms. Cuellar: Thank you very much. Is there any opposition to this item being placed on the consent agenda? Hearing none, I've asked Commissioner Plumlee to read this into the record. Mr. Plumlee: Yes, thank you. This application is for 2625 Horse Pasture Road, where the applicant seeks to modify proffers to amend subsection G from 2004 to allow for vehicular parking outdoor storage to be located. The remaining part of the parcel will remain subject to the aforemended proffers. The applicant also seeks a conditional use permit to construct an operated toe and pound lot for motor vehicles classified as a bulk storage yard in our zoning ordinance. Because of the excellent work of the council for the applicant, the applicant and our wonderful planning staff. There have been no objections to this application and therefore it's suitable for the consent agenda. Ms. Cuellar: I move that these items be approved by consent. Mr. Alcaraz: Alright and second by Mr. Clemons, it's your day. Madam Clerk: We're going to go ahead and do a verbal vote again since the system isn't working. Mr. Anderson? Mr. Anderson: Yes. Madam Clerk: Ms. Byler? Ms. Byler: Yes. Madam Clerk: Mr. Clemons? Mr. Clemons:Yes. Madam Clerk: Mr. Coston? Mr. Coston: Yes. Madam Clerk: Mrs. Estaris? Ms. Estaris: Yes. Madam Clerk: Ms. Hippen? Ms. Hippen: Yes. Madam Clerk: Mr. Mauch? Mr. Mauch: Yes. Madam Clerk: Mr. Parks? Mr. Parks: Yes. Madam Clerk: Mr. Plumlee? Mr. Plumlee: Yes. Madam Clerk: Vice Chair Cuellar? Ms. Cuellar: Yes. Madam Clerk: And Chairman Alcaraz? Mr. Alcaraz: Yes. Madam Clerk: By a vote of 11 to 0, items 1 , 2, 4 and 5, 6, 7, 10, and 11 have been recommended for approval. AYE 11 NAY 0 ABS 0 ABSENT 0 Alcaraz AYE Anderson AYE B ler AYE Clemons AYE Coston AYE Cuellar AYE Estaris AYE Hi en AYE Mauch AYE Parks AYE Plumlee AYE PROFFERS: Proffer 1: Subsection "g" of amended proffer numbered 2 as contained in the 2004 Amended Proffer recorded in the above referenced Clerk's Office as Instrument Number 200409220151888 is hereby modified and replaced with the following: g) No onsite vehicular parking, outdoor storage, loading docks, or loading areas shall be permitted between Dam Neck Road and any building on a parcel adjacent to Dam Neck Road unless the use is setback no less than 140 feet from Dam Neck Road and screened by Category VI Landscape Buffer. Proffer 2: Except as expressly modified herein, with respect to the Property, all of the proffers, covenants, restrictions and conditions set forth in the Original Proffers as modified by the 2004 Amended Proffer are ratified, affirmed and remain binding upon the Property and upon any party holding title under, by or through the Grantor. CONDITIONS: 1. Development of the site shall be in substantial conformance to the submitted exhibit entitled, "Preliminary Layout for Affordable Towing Storage Yard", dated October 16, 2023, prepared by CECS, copy of which have been exhibited to the Virginia Beach City Council is on file with the Virginia Beach Department of Planning & Community Development. 2. When developed, the office building shall be in substantial conformance to the submitted exhibit entitled, "2625 Horse Pasture Rd Elevations", dated December 1, 2023, copy of which have been exhibited to the Virginia Beach City Council is on file with the Virginia Beach Department of Planning & Community Development. 3. The fencing shall be installed at a minimum height of 8 feet, earth-tone in color, and be of a maintenance-free material approved by the Planning Director. 4. The final stormwater management plan submitted to the Development Services Center(DSC) shall be in substantial conformance with the Preliminary Drainage Study and shall comply with the Stormwater Management Ordinance. 5. Prior to final site plan approval, a Lighting Plan in accordance with Sections 252 and 254 of the Zoning Ordinance, or as amended, shall be submitted for review and approval by the Department of Planning and Community Development. Outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. N. APPOINTMENTS 90-DAY FESTIVAL TASK FORCE ATLANTIC PARK COMMUNITY DEVELOPMENT AUTHORITY BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD DEFERRED COMPENSATION BOARD FLOOD PREVENTION BOND REFERENDUM OVERSIGHT BOARD GREEN RIBBON COMMITTEE HAMPTON ROADS TRANSPORTATION PLANNING ORGANIZATION HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE OLD BEACH DESIGN REVIEW BOARD PERSONNEL BOARD RESORT ADVISORY COMMISSION SENIOR SERVICES OF SOUTHEASTERN VA BOARD SHORT TERM RENTAL ENFORCEMENT TASK FORCE STORMWATER APPEALS BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION VIRGINIA BEACH VA250 COMMITTEE O. UNFINISHED BUSINESS P. NEW BUSINESS Q. ADJOURNMENT OPEN DIALOGUE Non-Agenda Items Each Speaker will be allowed 3 minutes If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 The Agenda(including all backup documents)is available at httys:Hclerk.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: httys://vbgov.webex.com/weblink/register/rec3l9323 l d45737245dc4bfdd8768243 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on March 5.2024. CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B H S E U S DATE:02/20/2024 PAGE: 1 R T H C L H C R A H T W W U E H E M R U A I O C D N E M M O L Y L O C Y L S 1 O U M L S T AGENDA H E E O C N S A O O E ITEM# SUBJECT MOTION VOTE I R Y N K D E N R L_L_Njl 1. CITY COUNCIL'S BRIEFINGS A. 2024 GENERAL ASSEMBLY UPDATE Brent McKenzie, Legislative Affairs Liaison B. PIN MINISTRY SERVICES Dallas Stamper, (Requested by Council Members Remick, Executive Director Rouse,and Wooten) 11. CITY MANAGER'S BRIEFINGS A. WASTE MANAGEMENT/SPSA/ L.J.Hansen,Director— RECYCLING UPDATE Public Works B. COLLECTIVE BARGAINING UPDATE Monica Kopin,Co- Director—Human Resources 1II-V CERTIFICATION OF CLOSED CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y A-F SESSION G. MINUTES 1. INFORMAL AND FORMAL SESSIONS 11-0 Y Y Y Y Y Y Y Y Y Y Y February 6,2024 H. MAYOR'S PRESENTATION 1 AFRICAN AMERICAN HERITAGE MONTH PROCLAMATION Earnest Gregory—Union Kempsville I. BID OPENING l. MANAGEMENT OF CITY PROPERTY 0 SPEAKERS 2044 Landstown Centre Way J. PUBLIC HEARING 1. DECLARATION AND SALE OF EXCESS 0 SPEAKERS CITY PROPERTY Located at the intersection of Ferry Point Road and Indian River Road L.1. Ordinance to TRANSFER$25,000 from the ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y A General Fund Reserve for Contingencies to CONSENT B the FY2023-24 Department of Cultural S Affairs Operating Budget and PROVIDE a T grant not to exceed$25,000 to the Virginia A Beach Police Foundation re capital I repairs to the Law Enforcement N Memorial(Requested by Mayor Dyer) E D L.2. Ordinance to AMEND the Advertising ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Advisory Committee membership CONSENT (Requested by Vice Mayor Wilson and Council Members Remick and Ross- Hammond CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B H S E U S DATE:02/20/2024 PAGE: 2 R T H C L H C R A H T W W U E H E M R U A I O C D N E M M O L Y L O C Y L S I O U M L S T AGENDA H E E O C N S A O O E ITEM# SUBJECT MOTION VOTE I R Y N K D E N R N N L.3. Resolution to AUTHORIZE and DIRECT ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y the City Manager to EXECUTE an CONSENT Intergovernmental Agreement between the Virginia Department of Agriculture and Consumer Services and the City re purchase of Agricultural Reserve Program Easements LA. Ordinance to AUTHORIZE the release ADOPTED 10-0 Y Y Y Y Y Y Y Y A Y Y from escrow to VB One,L.P.of interest B collected on a HOME Program Loan re S acquisition and rehabilitation of the Pine T Oak Apartments A I N E D L.5. Ordinance to ESTABLISH Capital Project ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y #100670,"Voter Registrar Facility"; APPROPRIATE and TRANSFER $3,188,258 from the General Fund Balance; TRANSFER$11.5-Million from the General Fund Debt Service;and TRANSFER$2,561,742 from the American Rescue Plan Act Appropriation(ARPAA)re acquire property and buildout of 500 Studio Drive for the Office of Voter Registration and Elections Operations L.6. Ordinance to APPROPRIATE$719,000 of ADOPTED,BY I1-0 Y Y Y Y Y Y Y Y Y Y Y Fund Balance from the School Site CONSENT Landscaping Internal Service Fund to the FY2023-24 Parks and Recreation Operating Budget re replacement of equipment and vehicles L.7. Ordinance to ACCEPT and ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y APPROPRIATE$50,000 from the Virginia CONSENT Department of Health to the Consolidated Grant Fund re costs to replace lead water service lines L.8. Ordinance to ACCEPT and ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y APPROPRIATE$16,800 from the Virginia CONSENT Department of Forestry to the FY 2023-24 Parks and Recreation Operating Budget and to AUTHORIZE an In-Kind Grant Match within the Parks and Recreation Operating Budget re tree pruning L.9. Ordinance to ACCEPT and ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y APPROPRIATE$4,380 from the Virginia CONSENT Department of Motor Vehicles to the FY2023-24 Police Department Operating Budget and AUTHORIZE a local grant match re training in pedestrian and bicycle crash investigations L.10. Ordinance to TRANSFER funds within the ADOPTED,BY I1-0 Y Y Y Y Y Y Y Y Y Y Y FY2023-24 Department of Public Utilities CONSENT Operating Budget re Water Services Contract and Raw Water Sales Agreement CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B H S E U S DATE:02/20/2024 PAGE: 3 R T H C L H C R A H T W W U E H E M R U A I 0 C D N E M M 0 L Y L 0 C Y L S 1 0 U M L S T AGENDA H E E O C N S A 0 O E ITEM# SUBJECT MOTION VOTE I R Y N K D I E N R N N L.11. Ordinance to TRANSFER$360,751 from ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y the General Fund to the FY2023-24 CONSENT Department of Public Health Operating Budget re meet the City's required contributions to the FY2023-24 Local Government Agreement M.1. WADE W.BELL for a Variance to APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Section 4.4(b)of the Subdivision CONDITIONED,BY Regulations re reduce and reconfigure CONSENT four(4)lots into three(3)lots at 3957, 3961,3969 Dawley Road and parcel between 3957&3961 Dawley Road DISTRICT 2 M.2. BARBARA C.DUFF AND HOYT L. APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y DUFF,II for a Street Closure re CONDITIONED,BY approximately 5,751 square feet of an CONSENT unnamed,unimproved right-of-way adjacent to 2325 Virginia Beach Boulevard DISTRICT 3 M.3. VIRGINIA BEACH AVA RE,LLC REFERRED BACK TO I1-0 Y Y Y Y Y Y Y Y Y Y Y for a Street Closure re approximately PLANNING 813 square feet of an unnamed, COMMISSION,BY unimproved right-of-way adjacent to CONSENT 2375 Virginia Beach Boulevard DISTRICT 3 M.4. EVERGREEN VIRGINIA L.L.C.for APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y a Street Closure re approximately CONDITIONED,BY 2,854 square foot portion of North CONSENT Lynnhaven Road adjacent to 2865 Virginia Beach Boulevard DISTRICT 3 M.S. CAR SPA VIRGINIA BEACH I, APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y LLC for a Modification of Conditions CONDITIONED,BY to a Conditional Use Permit re car wash CONSENT facility expansion at 3282 Holland Road DISTRICT 3 M.6. C THE JEMS,LLC/JONATHAN DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y PROPERTIES,LLC for a MARCH 5,2024,BY Modification of Proffers to a CONSENT Conditional Rezoning and a Conditional Use Permit re bulk storage yard—tow at 2625 Horse Pasture Road DISTRICT 5 M.7. CITY OF VIRGINIA BEACH for a APPROVED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Change of Zoning from R-7.5 CONSENT Residential to P-1 Preservation re neighborhood park at 4549 Revere Drive DISTRICT 1 M.B. THE LAB COMMERCIAL APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y KITCHEN,LLC/BONNEY CONDITIONED,BY BROTHERS CORPORATION for a CONSENT Conditional Use Permit re bulk storage yard at 405 South Witchduck Road DISTRICT 1 M.9. ANNA JEAN SALON AND APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y BOUTIQUE,LLC/ROGERS CONDITIONED,BY PROPERTIES,LLC for a Conditional CONSENT Use Permit re tattoo parlor at 1637 Independence Boulevard,Suites A&B DISTRICT 9 CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B H S E U S DATE:02/20/2024 PAGE: 4 R T H C L H C R A H T W W U E H E M R U A I O C D N E M M O L Y L O C Y L S I O U M L S T AGENDA H E E O C N S A O O E ITEM# SUBJECT MOTION VO"IT I R Y N K D E N R N N M.10. ALLIENA WESTLEIGH/SAW APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y CONTRACTING,INC for a CONDITIONED/AS Conditional Use Permit re residential AMENDED,BY kennel at 5205 Shore Drive DISTRICT CONSENT 9(Deferred from January 16,2024) L. APPOINTMENTS RESCHEDULED B Y C O N S E N S U S 90-DAY FESTIVAL TASK FORCE BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD DEFERRED COMPENSATION BOARD FLOOD PREVENTION BOND REFERENDUM OVERSIGHT 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 PERSONNEL 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 COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT 7:261'M