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MARCH 19, 2024 FORMAL SESSION MINUTES
•" o Ssa;yam�G r d Of OLR N�� VIRGINL4 BEACH CITY COUNCIL Virginia Beach, Virginia MARCH 19,2024 Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in the City Council Conference Room, Tuesday,March 19, 2024, at 12:00 P.M. Council Members Present: Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara M. Henley,David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. `Joash" Schulman, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Chris Taylor-Ill 2 CITY COUNCILS BRIEFINGS SISTER CITIES ASSOCIATION OF VIRGINIA BEACH UPDATE ITEM#753 91 12:01 P.M. Mayor Dyer welcomed Maria Weisenseel, President. Ms. Weisenseel expressed her appreciation to City Council for their continued support and distributed copies of today's presentation, attached hereto and made apart of the record. Mayor Dyer expressed his appreciation to Ms. Weisenseel for the presentation. March 19, 2024 S1,5TER BEAC � VIRGINI -T, Amok °au romoting Peace and Prosperity with Citizen Diplomacy. Diplomacy • Economic Deve opmen Educatior� der the leadership and guidelines o' ..' '. SISTER CITIES INTERNATIONAL SisterCities N g R PROACTIVE ,- AGENDA , -- FUNDING SCHOLARSHIPS MAINTAING INTERNATIONAL RELATIONSHIPS FUNRAISING HOSTING INCOMING DELEGATIONS ACTIVE LIAISONS ACTIVE COMMITTEES DEDICATED BOARD MEMBERS 2023: WAIBLINGEN GERMANY, INTERNATIONAL NETWORKING with VB ED. MYAZAKI JAPAN, ARDS NORTH DOWN IV IRELAND U.K, TRANSFORMED and ELEVATED SCAVB SCHOLARSHIP 2024: MARCH ANNUAL YOUTH AMMBASSADOR EVENT, VB CHERRY BLOSSOM FESTIVAL, JACKALOPE, SCHOLARSHIP HONOREE NAMING EVENT PROJECTION: INTERNATIONAL FESTIVAL, BEER FESTIVAL, ART GALLERY, SONG AND DANCE REVIEW, STORYTELLERS PHILANTHROPY YOUTH ' YOUTI YOUTH - SISTER CITIES ASSOCIATION 49 ` OF VIRGINIA BEACH YOUTH GROUP ENGAGING OUR YOUTH IN SCAVB DIPLOMACY , INVOLVING THEM IN INTERNATIONAL, MENTORING IL GIARDINO The RISTORANTE °��� � � er The 1 McDonnell • • 0 W Em Hn L M BRmEWING ' COMPANY Since 1983 2 �T SAN9VI* .� Inn r,.. .. } �w ��,. �� �. �, � � ., � �, � .��. F� �V�^ m� �:,a�� ' s r ��� .;. �.�� _� r +(� "�,. ;# !0 '� �� �,' i • . � �� . s W ..., ///�. \ �►� + 14 t .. •• . � s T-HANK YO . ......... �+ • MAYOR BOBBY DYER CITY MANAGER PATRICK DUHANEY flIRGINIA BEAPHCITY COUNCI SISTEK Ili a4p-fLT xiic VIRGINI �d BEACH 3 CITY COUNCILS BRIEFINGS FLOOD PROTECTIONPROGR,4MAND CAPITAL IMPROVEMENT UPDATE ITEM#75392 12:28 P.M. Mayor Dyer welcomed Jeff Waller,P.E., Chair—Flood Prevention Bond Referendum Oversight Board and Leisha Pica, Program Manager —Jacobs Engineering. Mr. Waller expressed his appreciation to City Council for their continued support and distributed copies of today's presentation, attached hereto and made a part of the record. Mayor Dyer expressed his appreciation to Mr. Waller and Ms. Pica for the presentation. March 19, 2024 • Flood Protection Program City Council Update Jeffrey Waller, P.E., Citizen Oversight Board Chairman Leisha Pica, P.E., Jacobs Engineering March 19, 2024 Q12024 Board Updates . . . . • - - . • - . . . ■ Staff Report on FPP Communications Plan ■ Staff Report on Sandbridge/New Bridge Road . Intersection Improvements ■ Staff Report on Grant Application & Management d Overview Process ■ Staff Report on Stormwater Management + ' p g Regulatory MS4 Program ■ Isabelle Chao of Tallwood High School and Grant Application & Torrence Spreder of Kellam High School, both Management Overview appointed through June 2025 Stormwater Oversight Board Katie Shannon,PE&Stanley Smith,PE The Board meets on the second Tuesday of the month at 2:00 pm at Town February 8,2024 Center. Our meetings are open to the public and the public can provide TYOF�GNIA8EACM comments. The Board webpage is accessible from the Ripple Effect website Public -� Works and we can be contacted at the email address posted on our webpage. FPP Construction Highlights a _ Y � y °s Bow Creek Stormwater Park Phase 1 (10/2023) Windsor Woods Tide Gate Near 1-264 (1/2024) ■ South Plaza Trail Presidential Blvd Drainage in Windsor Woods ■ Old Forge Road and Red Lion Road Drainage in Windsor Woods ■ NTP for the design-build contract for the Windsor Woods, Princess Anne Plaza and The Lakes bundle. ■ NTP for the Seatack Neighborhood Drainage Improvements construction Public Awareness Video Series Second video posted for the Lake Windsor Tide Gate. More videos to follow. 0 How It Works - Windsor Woods Tide Gate https.,Ilwww.youtube.com/watch?v=koPEz/Vt'tiD96s&ilst=PLi HgAj8Pr—Lp6PPRuXS6bWqs9E—n7h9yQ&index=l today.Chauenging %jacolbs. Flood Protection Program Update Q1 2024 Leisha Pica, P.E., Jacobs Program Manager } 1 Program Update Projects Progress w. District Reports N Summary of Accomplishments •49 FTEs added for FPP/stormwater Progress • $1.26B vs. $264k 6-year CI • $567.5M Bond Referendum passed Since • $40M ARPA funding for operations • $42M Grant Funding Awarded for FPP Hurricane • Sea Level Wise Report Matthew • Updated Stormwater Master Plan • Developed 14 drainage basin plans •All FPP projects started •4 FPP projects completed • Monthly FPP Communications Program • Released Flood Visualization Tool B , ,y.;, "� > v .y. ; ,. •". � *e,.._ w •-• -:ems, Opening Our Eyes - 2016 z September 1 - September 19 - October 8 - Tropical Storm Hermine Tropical Storm Julia Hurricane Matthew * 3-day event 3-day event 20-hour event • 7.15 inches of rain recorded 15.3 inches of rain recorded 14.1 inches of rain recorded * 10-year storm event Greater than 200-year storm 1 ,000-year storm event event :zW Post Hurricane Matthew Actions FY2016-2017 ADOPTED CIP FY2024-2029 ADOPTED CIP Coastal Coastal Water Utility 4% Economic and Tourism Water Utility � 4% 3% Schools Development 3% Li,�tp �TM Economic and Tourism 8% Development Stormwater �r Information Technology , 91Y. 4% Information Technology QqA Stormwater&Flood Protection " Parks and Recreation 25% 6% Sewer Utility 5% 11`Yo Parks and Recreation ... Sewer:: 5% L Roadways Utility, 6% Stormwater& Flood Protection Program =9% =$264,337,000 Stormwater& Flood Protection Program =25% =$1,255,575,000 ©Jacobs 2024 Technical Phase 1 Ashville Park Drainage Pump Station, Club House Rd Drainage, Cape Wind Tide Henry Canal Sewer Relocation, Lake Pleasure House Outfall, Lake Activities FPP Modeling Candidate Bradford Dredging,Aragona Drainage, Baker Rd Culvert&Ditch Influence on Basin Plans Drainage Basin Plans Linkhorn projects Back Bay Marsh identified Flood Visualization Tool Storm with Public roll-out Lake Bradford,Chubb Lake Bay US Army Corps Coastal Storm Risk t __ _ __ _ Sense Management Study conceptual Multi-year study began in July 2022 Basim Plans Program Stormwater Model estimates London Bridge, Stormwater Master Sea Level Wolfsnare, Lower Installed Validation Wise Plan additional Refined basins, Plan Update Basin Plans Basin Plans update 1990,added Long-term flooding ex expanded data set, p Basin Plans g p climate Basin Plans Broad Bay, Little Creek, sensors technical guidance coastal flooding,asset U er West Oceanfront Lake Taylor, Upper North Landing River, inventory&hydraulics adaptation pp y Thalia Creek Eastern& document strategies Neck Creek &Dam Neck Elizabeth River Western Lynnhaven River 2017 20181 1 1 2021 20221 1 Programmati 1 FTE Added 10 s un mg 1 FTEs 4 FTEs $40M funds assigned to Added c Began adding stormwater for lake Activities positions for in & on dredging stormwater Stormwater Equivalent g g Referendum $42M for FPP Residential Unit(ERU) neighborhood drainage engineering, $567.5 million $25.1M BRIC Eastern Shore maintenance, Frozen at 49.3G inclusive of 4.1G approved for Drive repair, &flood for the referendum and 2.5G for Instituted cross-divisional flood $9.9M Back Bay Marsh Stormwater operations leadership team to streamline protection $3M Elizabeth River internal City coordination for the projects& $1.9M Seatack Drainage FPP Oversight $2M First Colonial&Oceana Operations tevel of Service Updated Board Frequency for canal management,off-road ditches, roadside ditches,storm pipe cleaning&rehab,&BMP mamAtonanGe Post Hurricane Matthew Actions ©Jacobs 2024 Ql 2024 Master Project Updates Windsor Woods, Princess Anne Plaza, The T Lakes Projects Princess Anne Plaza The Lakes Windsor Woods Bow Creek Improvements Improvements Improvements Stormwater Park Pump Station .i 4 Overall storage -300 ac-ft, 1 .1 million cubic yards of North London Bridge South London Tide gate, 750 cfs Pump excavation, multitiered Creek Tide Gate, large Bridge Creek Station, Flood Barriers, storage, recreational 1 ,400 cfs Pump Station, Channels and Gate, Thalia Creek/Lake amenities, constructed in two and Barriers Flood Barriers, Trashmore sections, maintain public Holland Road Gate Improvements access during construction Status: Design-Build Contract Award Tide Gate: Under Section 1: Under Construction, $40M Preconstruction Services: $22M Construction, $21 M Section 2: 60% Design, $60M Project Estimate: $338M (includes preconstruction) • j .. Eastern Shore Drive Projects N s „w-FROM ii! 1 + Lynnhaven Colony � ...- � � Poinaana ; Park Pump Station - , Pump Station 0,00 »� . A sP e 7 A+" Ali ` < 4 Cape Henry Canal Phase 11—Widen , i Cape Henry Drive a x,; and Deepen Canal �r r StLlm;p�r eet Drainage y�x � � Lynnhaven Drive �� ov ments,SG r_ M ..w. 'R V e .... " . "�+I�a•er.�d[Via." .. ♦, � „`rP�"�Iit'�'�`,',`y Vista Circle: Future Project, $18M Cape Henry Canal Widen & Deepen: 90% Design, $12M Eastern Shore Drive: Planning, $43M Elevate Lynnhaven Dr: 90% Design, $3.9M Lynnhaven Colony Park PS: 60%, $15.5M Lynnhaven Drive PS: 60% Design, $14.9M 1F & I Drainage Improvements: 60% Design, $8.4M Poinciana Pump Station: 60% Design, $18.5M Ripple Central Resort District Projects Central Resort District Drainage Improvements Includes new stormwater pipes, tide gate, pump station, storage, and ocean outfall 241" Street Culvert ' - �^ Replace small pipe with a multi-barrel box culvert Improve conveyance at Old Virginia Beach Road and Parks Avenue T - 215t Street & Baltic Avenue - -- � Drainage Improvements Redirect stormwater north or west with a small pump station Status: Preliminary Engineering Estimate: $113M Stormwater Green Projects Marsh Restoration in Back Bay Elizabeth River Wetland and Floodplain Restoration W N a 1 Create approximately 43 individual marsh ."� A terraces that will create 51 acres of marsh terraces and three hundred and ten acres of Arrowhead Elementary School Marsh Restoration & Woods of suitable submerged aquatic vegetation habitat Avalon Park wetland restoration. Ferry Point Park and between the terraces. Carolanne Farms Neighborhood Park wetland & floodplain restoration and construct natural oyster reefs. Status: 100% Design Estimate: $43.5.4M Status: 100% Design Estimate: $9.8M �/�d►.. Lake Bradford/Chubb Lake Projects Pump Station and Outfall Church Point/ Thoroughgood BMP and Drainage Improvements M . } v 375 cfs stormwater pump station located along Lake Bradford or Chubb Lake. Direct outfall to Wk Chesapeake Bay. Tide gate located at the 42 ac-ft wet pond, culvert improvements, stormwater upstream end of the existing outfall channel. conveyance systems. Status: Preliminary Engineering Status: Preliminary Engineering Estimate: $102.4M Estimate: $43.9M Linkhorn Bay • First Colonial Road and Oceana Seatack Neighborhood Drainage Boulevard Drainage Improvements Improvements OCEA121" A MAIN GATE SOUCEK FIELD m. New stormwater management facility on City-owned property between New York New storm pipe along South Birdneck Avenue and Southern Boulevard. Road, between Jackson Street and Sea Facility will release stormwater back into Street. Replace storm pipe along Jackson the South Oceana Boulevard stormwater Street. pipes further downstream. Status: 100% Design Status: Under Construction Estimate: $6.8M Estimate: $6.9M Southern Rivers FPP Projects Sandbridge Road/ Pungo Ferry Road Improvements New Bridge Road Intersection West Neck Creek Bridge Improvements Mh At a k drc � ` _ b New bridge & West Neck Rd raised. Raise Pungo Ferry Road from Raise the intersection of Sandbrida Series of in-water miter gates spaced Road and New Bridge Road. Add a Blackwater Road to the west side of large box culvert under New Bridge with the bridge piers. Earthen levees the Pungo Ferry Road Bridge Road for water to pass to Ashville to tie into West Neck Road. Gate approach, approximately 2 miles Bridge Creek house and pump station. Status: Preliminary Engineering Status: 60% Design Status: Preliminary Engineering Estimate: $33.2M Estimate: $8M Estimate: $69M Ql 2024 Program Updates Preliminary Under Construction Design Design-Build Future Projects Procurement Engineering Construction Complete Current Eastern Shore Drive Club House Road Church Point/ (ESD) Drainage Bundle Drainage West Neck Creek Windsor Woods/PAP Windsor Woods Vista Circle Thoroughgood BMP Bridge /The Lakes Bundle Tide Gate Pump Station &Conveyance Schedule Start Q4 2023 90%(IB,IC,ID)/60%(IE)QI Kick-off Q1 2024 Finish Q12025 Improvements TBD Design A/E NTP Status of ____-T- 2024 _ Q11023 South Plaza Trail/ 032024 FPP Lake Bradford/Chubb Lake Cape Henry ESD Roadway Drainage Presidential Blvd Canal Gravity Improvements 1F&1G Drainage Pump Station&OutFall 60%Q12024 Improvements Sewer Relocation Projects Final Q4 2023 Q3 2023 Finish Q2 2025 Pungo Ferry Road Poinciana Bow Creek Stormwater Lake Pleasure Improvements Pump Station Park House OutFall Final Q2 2024 60%Q12024 (Section 1) Q3 2023 Finish Q3 2024 !Central Resort District Old Forge Road& Sandbridge/New Bridge Lake Bradford Drainage Intersection Improvements Red Lion Drainage i Dredging Improvements Improvements Final 04 2023 90%Q3 2016 Finish Q3 2024 Q3 2023 Bow Creek Stormwater Park' Seatack Drainage (Section 2) Improvements 60%Q12024 NTP Q12024 Elizabeth River Floodplain Restoration 100%Q12024 First Colonial Rd/ Oceana Blvd Drainage Improvements 100%Q1 2024 Given the size and complexity of the FPP projects, Back Bay the time required to transition to the next Marsh Restoration milestone may require several months. 100%Q12024 Program Spending Total $58M Expenditures by Master Project WINDSOR WOODS/PAP/THE LAKES $43.8 STORMWATER GREEN INFRASTRUCTURE 0 $1.4 SOUTHERN RIVERS $0.6 LINKHORN BAY $0.8 LAKE BRADFORD,CHUBB LAKE $4.8 EASTERN SHORE DRIVE $S.3 CENTRAL RESORT DISTRICT E $1.3 ©Jacobs2024 Current FPP Budget Status - Design thru Construction 18 PROJECTS WITH BASELINES ESTIMATE BASELINE CURRENT VARIANCE PHASE ESTIMATE ESTIMATE ESD CAPE HENRY CANAL DRAINAGE IMPROVEMENTS, 1F & 1G 30 $8.4 $8.4 $0.0 ESD POINCIANA PUMP STATION 30 $18.5 $18.5 $0.0 BOW CREEK STORMWATER PARK(GOLF COURSE-SECTION 2) 30 $60.1 $60.1 $0.0 SANDBRIDGE/NEW BRIDGE INTERSECTION IMPROVEMENTS 60 $8.0 $8.0 $0.0 FIRST COLONIAL ROAD AND OCEANA BLVD DRAINAGE IMPROVEMENT 90 $7.0 $6.8 -$0.2 C ELIZABETH RIVER FLOODPLAIN RESTORATION PROJECT 100 $10.9 $9.8 -$1.1 MARSH RESTORATION IN BACK BAY 100 $26.7 $43.5 $16.8 SEATACK NEIGHBORHOOD DRAINAGE IMPROVEMENT CONSTRUCTION $6.9 $7.0 $0.1 c OLD FORGE RD&RED LION RD DRAINAGE IMPROVEMENTS CONSTRUCTION $2.7 $5.1 $2.4 o SOUTH PLAZA TRAIL/PRESIDENTIAL BLVD CONSTRUCTION $4.4 $11.6 $7.2 n WINDSOR WOODS TIDE GATE CONSTRUCTION $11.4 $21.2 $9.8 BOW CREEK STORMWATER PARK(GOLF COURSE-SECTION 1) CONSTRUCTION $42.1 $39.8 -$2.3 LAKE BRADFORD DREDGING COMPLETE $1.5 $2.6 $1.1 ESD CAPE HENRY CANAL PHASE II-GRAVITY SEWER RELOCATION 1C COMPLETE $2.9 $2.5 -$0.4 LAKE PLEASURE HOUSE OUTFALL COMPLETE $0.5 $1.3 $0.8 CLUB HOUSE ROAD STORM DRAINAGE COMPLETE $4.9 $4.1 -$0.8 LAKE BRADFORD/CHUBB LAKE PER/DESIGN COMPLETE $0.6 $2.1 $1.5 WINDSOR WOODS DRAINAGE COMPLETE $3.6 $11.9 $8.3 TOTALS $221.1 $264.3 $43.2 ©lacobs2024 Current FPP Budget Status — Planning 8 PROJECTS IN PLANNING ESTIMATE CURRENT PHASE ESTIMATE CENTRAL RESORT DISTRICT DRAINAGE IMPROVEMENTS(DESIGN-BUILD) PLANNING $113.0 c ESD VISTA CIRCLE PUMP STATION 1A PLANNING $18.1 "} EASTERN SHORE DRIVE BUNDLE PLANNING $43.4 c 3 CHURCH POINT/THOROUGHGOOD BMP& CONVEYANCE PLANNING $43.9 LAKE BRADFORD/CHUBB LAKE PS&OUTFALL(DESIGN-BUILD) PLANNING $102.4 PUNGO FERRY ROAD IMPROVEMENTS PLANNING $33.2 WEST NECK BRIDGE (DESIGN-BUILD) PLANNING $69.0 �WINDSOR WOODS/PAP/THE LAKES BUNDLE (DESIGN-BUILD) PLANNING $337.9 TOTALS $760.9 ©Jacobs2024 Program Estimate Q1 2024 BASELINE CURRENT VARIANCE $1,200 PLANNING $1,025M MASTER PROJECTS ($M) (BL) ESTIMATE ($M) $1 00Q $982M (SM) ($M) m $264 WINDSOR WOODS, PRINCESS ANNE PLAZA,THE LAKES $338 $129 $492 $24.66 $800 °p EASTERN SHORE DRIVE $62 $30 $91 -$0.42 $600 LAKE BRADFORD/CHUBB LAKE $146 $3 $152 $3.34 $400 CENTRAL RESORT DISTRICT $113 $0 $113 $0.00 _a o SOUTHERN RIVERS $102 $8 $110 $0.00 $200 a a STORMWATER GREEN INFRASTRUCTURE $0 $38 $53 $15.76 $0 LINKHORN BAY $0 $14 $14 -$0.17 BENCHMARK CURRENT TOTAL $761 $221 $1,025 $43.17 Program level estimate variance is 4% ARPA Funded lakes Dredging Program Under Construction Design Permitting Bidding Turtle Lake Chapel Lake Indian Lakes#2 Great Neck Lake Aug 2025 Aug 2025 July 2025 #2 I Jul 2024 lake Dredging Soccer Complex Salem Lakes#1 Lynnhaven Mall Reedtown Lake ARPA Program Lake#1 Lake #1 j Feb 2025- Jan 2025 7� Oct 2025 Charlestowne Lynnhaven Mall • 19 Lakes to be dredged Delhaven Gardens Lake John B. Dey Lake Lake#3 Jan2026 South#3 Aug 2024 ARPA funded $22.8 million May 2024 _i Oct 2025 Funds to be obligated by 12/24 Indian Lakes#1 Rosemont Road Sabre Street Lovetts Lake • Funds to be spent by 12/26 Lake Extension Lake#1 Nov 2025 Aug 2024 Jan f ~M1- May2025 To-date Spent $1.51M Kings Grant Lake Chandler Creek Nov 2025 Canal June 2024 Green Meadows Lake Aug 2025 Dates in green represent estimated construction completion. ©Jacobs 2024 ARPA Funded Neighborhood Drainage Improvements Program CompleteUnder Construction CCTV Construction Charlestown Lake South Lynnhaven Colony Redwing Q3 2024 Q22024 Drainage Improvements Hillcrest Farm Bay Colony Great Neck ARPA Program Q3 2024 Q1 2025 Meadows Red Mills Farms Birdneck Point Birchwood Gardens Q22024 Q12024 • 20 drainage projects Foxfire Great Neck Estates • ARPA funded $25 million Q42024 Q12024 Thalia Manor 0 Funds to be obligated by Dec 2024 Rock Creek I Upton Estates ' Funds to be spent by Dec 2026 Q4 2024 -- -- • To-date Spent $12.5M Salem Village Q Seatack 4 2024 Southgate Q42024 lPembroke Meadows _' Three Oaks Q3 2024 Courthouse Estates Dates in green represent estimated construction completion. ©Jacobs 2024 Flood Protection Program City Council District Reports Q12024 — Information from February 29, 2024 CITY OF VIRGINIA DISTRICT 1 FLOOD PROTECTION PROGRAM BEACH District 1 FPP Goals: Areas for Bond Referendum Benefit Reduce structure, property, Elizabeth River & roadway flooding $18e6M • Wetland and floodplain restoration along Elizabeth Priority Lakes for Priority neighborhood o District 1 River estimated Phase 1 dredging under the drainage systems e"o DeY° Construct living shorelines FPP investment accelerated Lake under accelerated Management Program N004 D to reduce erosion b b Rehab Program O L@ t 0 tD0) © oT Loos o °0° o ° Status of Major Flood Protection Projects within District 1 1D01 r._ 0 141),01 Procurement PermittingBidding District 1 O 1u Lake Dredging LD01 Green Meadows Lake#2 Dredging Nothing to Nothing to Turtle Lake Nothing to Green BMP Stratford LD03 IndKings Lakes South Dredging report this report this Dredging report this Meadows Inspection& Chase Lake:. 1D03 Kings Lake South Dredging P P 9 9 P P Ncu LD04 Stratford Chase Lake N2Dredging c�> quarter quarter Elizabeth River quarter Lake#2 Maintenance #2 DrQctxaine LD05 Turtle Lake Dredging Floodplain Dredging LD05 Whitehurst Pines Neighborhood Drainage Improvement Restoration Indian ND01 Bellamy Woods Sou*h Lakes#2 ND02 Brigadoon and Lake Christopher :dredging Dredging ND03 Fairfield N004 Lakeville Estates 3ellanty Wood` ND05 Point 0 View )rainage Flood Protection Program Dint o View FPPOl Elizabeth River Wetland&flood lain Restoration drainage eakeville EstvkrF•s �._._.. )rainage City of Virginia Beach ®- Flood Protection Projects Council District 1 ;rr Blue Text=Bond Referendum Projects Green Text=ARPA Grant Funded Projects o �I, CITY of VIRGINIA DISTRICT 2 FLOOD PROTECTION PROGRAM BEACH 112024 Progress Report — March 2(3 ADistrict 2 FPP Goals: Areas for Bond Referendum Benefit � Reduce structure, property, & Back Bay, West Neck Creek, Pungo Ferry, Sandbridge roadway flooding % • Raise roadways and intersections 158 7 M 5 3 �sN°°a ° �� to address recurrent flooding and 0 8ema`s t sea level rise Supporting Back Bay Roadway projects to fJ oa' •=,S!P°��•�.PPa4 District 2 0`... • Reduce wind-driven flow estimated Phase 1 Marsh Stakeholders: elevate portions of FPP investment including into/within Back Bay Governor, Pungo Ferry,West Neck USFWS&VDWR Rd,Sandbridge,New :peas • Increase public safety Bridge Status of Major Flood Protection Projects within District 2 a• � Procurement Planning Design Permitting Bidding Construction 'A District 2 ;- N.Ighbahoodor.+nag.+mprovam.at Nothing to Fox Fire Hillcrest Farms Nothing to Nothing to Zone M Ditch Courthouse Mq NDM BelhvoodEstates report this Drainage Drainage report this report this Improvements Estates `• ND07 Courthouse Estates cam....»wo,.,w.....- e• ' ND0 Foartre quarter • West Neck • Three Oaks quarter quarter • BMP Drainage ND09 NdfrrestFarm Creek Drainage Inspection& C I•; ND10 Pnnttss Anne Cross,ng " S Bridge • Sandbridge New Maintenance ND11 Sandbndge ,)7n Y i• ND12 Three Oaks Pungo Bridge FloodPrat.ct+pnProgram Ferry Road Intersection s Ashville Park Drainage • fPP02 Improvements Phase[ Improveme Improvements FPP03 Pungo Ferry Road Improvements nts Back Bay Marsh FPP04 Sandbridge/New Bridge Restoration Intersection Improvements Stormwater Green Infrastructure -3ellwo0....... . -- FPPOS Marsh Restoration in Back Bay Jramage FPP06 West Neck Creek Bridge `'rincess Anne 0 City of Virginia Beach grossing o Flood Protection Projects Council District 2 ')ralnaCle Blue Text=Bond Referendum Projects Green Text=ARPA Grant Funded Projects CITY of VIRGINIA DISTRICT 3 FLOOD PROTECTION PROGRAM ��•�,.,.� BEACH T N ., District 3 FPP Goals: Areas for Bond Referendum Benefit Reduce structure, property, Windsor Woods, Princess Anne Plaza, Bow Creek 1 & roadway flooding• Increase stormwater $267,2M 97 % 87O store capacity g Reduction in Reduction in r District 3 `} New infrastructure for tidal estimated Phase 1 structure flooding length of road influenced areas for 100- ear design flooding for 10- FPP investment Y g a[T tea,,ys�e Increase public safety storm year design storm �"FPP1i 0U15 feet: ° FP"' L OY � LC, °ro P' pP' Status of Major Flood Protection Projects within District 3 .'f � o � PLD98 Procurement Planning Design Permitting Bidding Construction Finished rl Q • N6 a FPP10 t PP•• District 3 Windsor Nothing to amplight Nothing to Lynnhaven Windsor Woods Nothing to Lake Dredging Locations Princess Anne Plaza North London Woods, report this Manor report this Mall#1 Tide Gate report this LD07 Green Wadows Lake#1 Dredging FPP06 Bridge Creek,Tide Gate,Pump Princess quarter Drainage quarter Dredging Bow Creek quarter LD08 Lynnhaven Mail#1 Dredging Station and Barriers Anne Kempsville Lynnhaven Stormwater Park LD09 Lynnhaven Mall#3Dredging FPP09 South London Bridge Creek Plaza,The Colony Mall#3 (Section 1) LD10 Sabre Street Ext#1 Dredging Channels&Gate LD11 Sabre Street Ext#2 Dredging FPP10 The Lakes Flood Barriers Lakes Drainage Dredging Dods Neighborhood Drainage Improvement FPP11 Windsor Woods Dramage Design Sabre Street &Z ND13 Kempsville Colony FPP12 Windsor Woods Pump Station Build Ext#1 Drainage ND14 Lamplight Manor Bundle Dredging Improvement: ND15 Windsor Woods FPP13 Trash Wind o re Improvements vem Creek/Lake take - Green Flood Protection Program Trashn rWGodsTideGats Meadows FPP07 Pa Golf Course Conversion FPPL4 Windsor Woods Tide Gate _11— FPP15 WindsorWoodsTideGate.Pump Dredging O City of Virginia Beach o Flood Protection Projects �[ Blue Text=Bond Referendum Projects Green Text=ARPA Grant Funded Projects !P Funr; Council District 3 V� O 1'i rMimn IMn.1. CITY OF IA DISTRICT 4 FLOOD PROTECTION PROGRAM n VIRGt� -- ....., I BEACH i N Areas for Phase 1 Flood Protection Benefit --� l District 4 FPP Goals: Zones B, C, and D of Ditch Program il Reduce structure, property, & } roadway flooding fy • $1M • Address system inadequacies 33 • Maintain access via thoroughfares •�� �} District 4 * Improve level of service for Ditch Stormwater Best e Programs estimated Phase 1 Management Practices �) FPP investment (BMP) sites NOW .; • Increase public safety µ r District 4 benefits from bond referendum projects in adjacent districts. Status of Major Flood Protection Projects within District 4 �: Procurement Planning Design Permitting Bidding • Nothing to Nothing to Nothing to Nothing to BMP Nothing to report this report this Drainage report this report this Inspectior report this quarter quarter quarter quarter and quarter Maintenanc^ Roadside District 4 Ditch Neighborhood Drainage improvement program ND16 L&1Gardens C' i Miee ' City of Virginia Beach 0-e7 -. flood Protection Projects Council District 4 Blue Text=Bond Referendum Projects green Text=ARPA Grant Funded Projects CITY OF VIRGINIA DISTRICT 5 FLOOD PROTECTION PROGRAM 4c!:6 a> �•.�..�- BEACH District 5 Lake Dredging Locations N A District 5 FPP Goals: Areas for Phase 1 Flood Protection Benefit LD13 Lake Placid a3 Dredging • Reduce structure, property, South Lake Holly Shadowlawn LD14 Rolling Meadow Lake+12 Dredging � Neighborhood Drainage Improvement & roadway flooding ND17 Malbon Acres Update the aging o $30,2M 300 5 ND18 Ocean Lakes , a ' p b O drainage ND19 Red Mill •veRra system for neighborhood ND20 Redwing ND21 Southgate revltalizations Priority neighborhood ND22 Upton Estates District 5 Acres of watershed Flood Protection Program ° • Address system estimated Phase 1 to be protected for drainage systems FPP16 South Lake Holly Watershed inadequacies FPP investment 100-year storm under accelerated • Increase public safety Rehab Program o fr O D20 lag Status of Major Flood Protection Projects within District 5 ° ND22• O dull 4ProcurementDesign LD'5 ODD` N 1$ O a Nothing to Malbon Acres • Rolling Meadow Nothing Nothing South Lake Redwing report this Drainage Lake#2 Dredging to report to report Holly Drainage O Dat 0 D,3 • quarter Ocean Lakef� • Red Mill Farms this this Improvements • Upton Estates j1 Drainage Drainage quarter quarter BMP Drainage Southgate Inspection and - id#:, Drainage Maintenance Dredging • 161h Street Pump Station Improvement -:ate City of Virginia Beach o Flood Protection Projects ® Council District 5 v� o + Blue Text=Bond Referendum Projects Green Text=ARPA Grant Funded Projects CITY OF VIRGINIA DISTRICT 6 FLOOD PROTECTION PROGRAM AtBEACH Q12024 Progress Report - March ' ' N District 6 FPP Goals: Areas for Bond Referendum Benefit 41 ° Reduce structure, property, Central Resort & Beach Districts & roadway flooding • Update the drainage system $137,8M 600 6 o Dl for land use changes and • neighborhood revitalizations District Acres of watershed Existing stormwater District New infrastructure for tidal estimated Phase 1 to be protected for pump stations •0"4 L ;o maintained fit-for- L015 Alntehu7s tC"'t4ymt ;. influenced areas FPP investment 100-year storm «<_e,.,.,.,, Purpose 1016 `haoe� Drd•"r '"' • • Increase public safety NeisnilorhoodDainar<i�wrPP d ND23 Ord 5",t D,-q, ND25 BarredrNed Meadav: ° Status of Major Flood Protection Projects within District 6 ND26 Seated :•L Hood Protection Prgrnt Procurement Designng Construction CMr•Resort 21M Street A NoU o M1, Bll°cAwue Q tentr+Resort 24t Street C' Nothing to Central Birdneck Point Chapel Lake Nothing North Lake Great Neck FIV18 "dKrt report this Resort First -�-f Dredging to report Holly Meadows CeMrN Resort gstntt 0.yP�ts:Pt Fpp1g Dmnageirrorovo++e°h LDtd na FPa� quarter District First Colonial this Watershed Drainage First Uioniei Rd 10- • o `� Drainage Rd Ocean Blvd quarter Whitehurst Pi Seatack FDo20 Bhd.imorovements °° > Ptt FPP21 North lakeHolwwrteaAed :•PZ° ° Bundle Improvements 42"d Street,7z' Drainage seex+N<snnwrood OD Components 8ri,Street Street,& Improvement FPP22 lhnv e y Dt e cM026 I 241h St lump Statior: Goodspeed ®s ° Culvert mprovr>>•- -° Pump Station • 295}&Baltic Improvements Improvement BMP Inspection &Maintenance ® City of Virginia Beach o Flood Protection Projects • Council District 6 Blue Text=Bond Referendum Projects Green Text=ARPA Grant Funded Projects 0 CITY OF VIRGINIA DISTRICT 7 FLOOD PROTECTION PROGRAM <iEoBEACH March 2024 District 7 Lake Dredging Locations .="'rZF° '• + } LD17 CharlestownLakesSouthtJ3Dredging DISII•ICl 7 FPP GOaIS: Areas for Flood Protection Benefit LDI9 Glenwood Lake ttlDredging LD19 Glenwood Lake tt7 Dredging Reduce structure, property, & College Park & Level Green Neighborhood Drainage Improvement roadway flooding N027 Charlestown Lakes 1 Flood Protection Program Improve moderate to severe floodingm r` FPP23 College Park Drainage Improveents T 7 M 3 - -- that occurs during moderate rainfall TTTT rcos� events District 7 Priority lakes for dredging `€ o Address system inadequacies estimated Phase 1 under the accelerated Lake - FPP investment Management Program • Increase public safety Status of Major Flood Protection Projects within District 7 NOT oLDt7 Procurement Planning Design Permitting Bidding Construction Finished-77, Nothing to Nothing to Charlestown Lake Charlestown Nothing oiie9k -a' • Glenwood ` report this report this South Drainage Lake South#3 to report 7rainage Lake#7 quarter quarter Dredging this rnproveme! Dredging quarter IMP '�spection rnd 'laintenance © City of Virginia Beach O Flood Protection Projects Council District 7 Blue Text=Bond Referendum Projects Green Text=ARPA Grant Funded Projects CITY OF VIRGINIA DISTRICT 8 FLOOD PROTECTION PROGRAM � ' BEACH TwN Areas for Bond Referendum Benefit District 8 FPP Goals: Cape Henry, Eastern Shore Drive, Lynnhaven Dr On E. • Reduce structure, property, :, aPr & roadway flooding� Harden Cape Henry Canal for $69- IM 6,40 24,200 FPP25 rPPrr2��9 O P2•rPP3°��•ne yrum •PPP91 FPP2$rPP38 �••�•�•-� daily tide cycles and storm Districts feet ofroadwa tides structures Y 20 estimated Phase 1 protected for 100- protected for the a� Sea level rise protection FPP year design storm Y g 10- ear design O D29 investment storm + U o •• P ND3° A.• O *D=' Status of Major Flood Protection Projects within District 8 ^ e ODIZ " ;� ; {� PProcurement Planning Design Permitting Bidding Construction xa Nothing to Vista Cape Henry Canal Nothing to Nothing to Zone B Ditch Cape ;-! O District report this Circle Deepen report this report this Improvements Henry Laae oretlgirp W2D ,ohnB Dey quarter Pump Eastern Shore quarter quarter BMP Inspection Canal •4, ti a 1D21 Great NeOk ea2DP,dg.s NN�IboMooaDana.elnppPement Station Drainage 1F&1G &Maintenance Sewer - a ND78 &rcrn-,o I rdera Poinciana PS Great Neck Lake Relocation ND3D C-.Nc&E Elevate Lynnhaven Dr 92 Dredging Birchwood ND30 Gress Neck Estates ND31 Fkltl(Inj Lynnhaven Colony PS John B Day Lake Gardens ND32 Laurel Cove ' ND33 Th0.Na - • Lynnhaven Drive PS Dredging Drainage Food Pr°Feaion Prw— c;rtlad Ba Estates • Great Neck Thalia FPP2E Cape H-"C-W Y FPP2S EasternSt,—W e-Poind—P—c5tatlon Drainage Estates Drainage Manor FPP26 Eastern S"Pre Drlve Elevate LYnn"aven Dr FPP27 E-tern5"P2Rive5ea-S1F&1G Hudging Shores Drainage FPP28 Ewmm Shore Drive Seniors 1F L 1G FPP29 Lynnhaven Colorry Parts Pump SLMIpr Drainage 11P30 LynnravenD—P-11taoon Laurel Cove Drainani pCity of virgi FPP31 eInaameP_ps'.— o Flood Protection Projects Blue Text=Bond Referendum Projects Green Text=ARPA Grant Funded Projects Council District 8 NU I oriru.n a Blast. CITY of VIRGINIA DISTRICT 9 FLOOD PROTECTION PROGRAM ��•r.,.,,,- B EAC H N District 9 FPP Goals: Areas for Bond Referendum Benefit £. Reduce structure, property, Chubb Lake, Lake Bradford, Churchpoint ` ir & roadway flooding Increase lake storage for $127AM 93 12,000 p <. tidal inflows Improve 3 major arterial Districts structures feet of roadway P estimated Phase 1 p protected'-• roadways: North Hampton protectedforthe R �-' • `b' v FPP year design storm 10-year design DPP 3 Blvd, Pleasure House Rd, & investment storm Shore Drive ' Status of Major Flood Protection Projects within District 9 Procurement Planning Design Permitting Bidding Construction Finished L023 O " Churchpoint Lake Bradford Nothing Nothing Reedtown Lake Lake Bradford a�� r Thoroughgo Chubb Lake to report to report Dredging Dredging ' od Drainage Outfall& this this eat Pembrooke Districts 03 Pump Station quarter quarter .Zone B Ditch Meadows La.C"ceing ° improvements Drainage LD22 Independence Lake 94D,edging LD22 LD23 Reedto'ym Lake Dredging `� }y �� BMP tnspeetior±•:` -?rk Neighbdrlmod Drainage imirroyemento Maintenance Pump Station- ND34 CyP'ess Point rJD35 Pembroke N4adays Independenc= Rmd Protection Program Lake FPP32 Chubb 1ake/Lake&adfo'd0utfali FPP33 Church Po intMoroughgoodimp—ments • - Dredging FPP34 Lake Chubb-Bradford take p City of Virginia Beach o Flood Protection Projects X ID Council District 9 Blue Text=Bond Referendum Projects Green Text=ARPA Grant Funded Projects CITY OF VIRGINIA DISTRICT 10 FLOOD PROTECTION PROGRAM ��••�„� BEACH T District 10 FPP Goals: Areas for Bond Referendum Benefit • Reduce street and structure The Lake, Holland Road flooding • Maintain access via $ 17,6M 97 % 87 bL2+ thoroughfares District 10 Reduction in Reduction in P,. • Protect homes, businesses, ® o estimated Phase 1 structure flooding length of road military installations FPP for 100-year design flooding for 10- • Increase public safety year design storm P Y investment storm Status of Major Flood Protection Projects within District 10 Procurement Planning Design Permitting Bidding Windsor Rock Salem Lakes Salem Vwi , Rosemont Nothing to Chimney Hill Woods, Creek #1 Dredging %2 Dredginc Road Lake report this #1 Dredging Princess Drainage Dredging quarter Chimney Hill Anne Plaza, #2 Dredging o The Lakes Salem LDO°°°„ District 20 Bundle Village �;°" La2a Chi a H,�Itade#1DedVn Components Drainage L023 ov--'Htl lakeaa2a.dg'ng LD26 Rose—Rdae Lak.Dredging The Lakes LD27 Salem akea.iDedgrg L023 SalemVllage Lake Drainage Wighb&t—d Dr4rWe IrM—e— ND36 ROCkCeek Improvements N037 Salem Wllages Rend Vretettim Devgrarn FPP35 Th.Lakes 011re9a Ir,,crnmmzms The Lakes FPP36 The Lakes HWlandRd Gate Holland Road City of Virginia Beach o Flood Protection Projects [ n Gate • Council District 10 \Y/��J Blue Text=Bond Referendum Projects Green Text=ARPA Grant Funded Projects Thank you pica @jacobs.com 7 Challenging today..Jacobs Reinventing tomorrow. 'n f0 O 4 CITY MANAGER'S BRIEFING CITY MANAGER'S PROPOSED BUDGET ITEM#753 93 12:58 P.M. Mayor Dyer welcomed Kevin Chatellier, Director — Budget & Management Services. Mr. Chatellier expressed his appreciation to City Council for their continued support: FY 2024-25 s � Here are the FY 2024-25 Operating Budget Highlights: FY 2024-25 Operating Budget Highlights Overall budget growth is 2.77% Total Net FrE Change (17.15) city 19.25 Schools (36.40) Expenditures Proposed Budget is positioned to maintain most baseline services Revenues Reduces Real Estate tax rate 2C to 97C Establishes a penalty and interest 5-day grace period Real Estate revenue growing 4.6%but others remaining relatively flat A few fee adjustments are proposed to maintain services Policy Discussion March 19, 2024 5 CITY MANAGER'S BRIEFING CITYMANAGER'S PROPOSED BUDGET ITEM#75393 (Continued) Long History of Tax Relief Policies Real Estate Tax Relief Relief Provided Elderly and Disabled(annual local program) $15 million(FY 2024-25 est.) Veterans Tax Relief-Mandated $27.5 million(FY 2024-25 est.) Personal Property Tax Relief Relief Provided Reduced Personal Property Rate Disabled Veterans Lowered rate of$1.50 per$100 Assessed Reduced Personal Property Rate-Personal Boats Lowered rate of$0.000001 per$100 Assessed Reduced Personal Property Rate-Machine and Tools Lowered rate of$0,000001 per$100 Assessed • •• Relief Provided Two-year Exemption Program Qualifying new businesses$0 license for two years The next two (2)slides provide Fiscal Relieflnitiatives Since March 2020: Fiscal Relief Initiatives Since March 2020 Real Estate Tax Relief Relief Provided Reduced Real Estate Tax Rate by�734 4.754 $37.4 million(FY 2024-25) Absorbed$567 million bond referendum=4.1C $32.3 million(FY 2024-25) Total $69.7 million Personal Property Tax Relief Relief Provided Reduced Personal Property Rate for EMS Volunteers $70,000 Reduced Personal Property Rate for new business(2 $336,000 years)and Individuals over 65 or disabled CY22 Personal Property Fair Market Value Adjustment $38 million(est.) CY23 Personal Property Fair Market Value Adjustment $20 million(est.) Total $58.4 million March 19, 2024 6 CITY MANAGER'S BRIEFING CITYMANAGER'S PROPOSED BUDGET ITEM#753 93 (Continued) Fiscal Relief Initiatives Since March 2020 (continued) Local Business Tax Relief elief Provided Suspended ABC license tax $325,000(est.) Reduced BPOL Taxes $1.1 million(est.) Total $1.4 million Other Citizen Tax Relief Relief Provided Meals Tax Holiday $12 million(est.) Local fiscal relief initiatives $43.5 million Federal fiscal relief initiatives $34.3 million Real Estate and Personal Property Penalties and Interest $500,000 Total $90.3 million+ Grand Total of Local Tax Relief $219 million+ Here are the Guiding Principals in Budget Development: Guiding Principals in Budget Development • Maintain current services • Focus on preserving public safety and health • Utilize Public Feedback in decision making • Focus Action Plan(FAP)Adopted by City Council • Reduce Real Estate Tax Rate 2< • Minimize new spending • Redistribute resources • Identify one-time costs • Eliminate vacancies before filled positions(if necessary) • Share reduction with existing policies and dedications March 19, 2024 7 CITY MANA GER'S BRIEFING CITY MANAGER'S PROPOSED BUDGET ITEM#75393 (Continued) FY 2024-25 Operating Budget Planning/Public City Capital Projects Public Safety Parks&Recreation, Works/Public Utilities Z,g% Libraries,Aquarium,& 13.4% 13.3% Cultural Affairs City General Fund and Flood Human Protection Debt Service Services/Health/Housing 2 8% Financial{Gen ral Government `s'" $2,634,032,570 total Here are a few reasons the FY 2024-25 Budget is different than previous years: FY 2024-25 Budget - Unlike Previous Years • Lower overall general government tax revenue growth • General Fund-$35 million($21 million City and$14 million VBCPS) • Revenue growth used to cover cost of budget drivers or"must do's" • Additional investment in Focused Action Plan initiatives minimal per direction to minimize spending and reduce taxes • Reduction in operating budget accounts, redirection of vacancies, identification of one-time costs used to address recently identified needs • Responsive to City Council's request to discuss public policies in more depth March 19, 2024 8 CITY MANAGER'S BRIEFING CITY MANAGER'S PROPOSED BUDGET ITEM#75393 (Continued) After the Baseline Budget Drivers below are subtracted, the budget balance is$2.1 Million: Balance Baseline Budget Drivers $2.1 M • Virginia Retirement System- $6.0 million • Debt Service- $3.6 million • Risk Management- $2.3 million • Elderly and Disabled Tax Relief- $2.0 million • City Garage Charges- $1.5 million • Sheriff's Office Body Worn Camera- $2.3 million • Police Technology Licenses- $0.9 million • Line of Duty Pay- $0.3 million After the Public Safety and Health expenses below are subtracted, the budget balance is-$3.0 Million: Maintain Public Safety and Health Balance -$3.0 M • Fire Department- 17 FTEs $1.7 million • Emergency Medical Services $0.5 million -4 FTEs,Operational Supplies,equipment • Virginia Beach Rescue Council Grant $0.8 million • Emergency Communication and Citizen Services -Technology Services and investments $0.3 million • Sheriff-Medical Contract/Food Services $0.5 million • City Department's Security Contract increases $1.3 million March 19, 2024 9 CITY MANAGER'S BRIEFING CITY MANAGER'S PROPOSED BUDGET ITEM#75393 (Continued) After the Baseline Services below are subtracted, the budget balance is-$25.3 Million: Maintaining Other Baseline Services Balance -$25.3 M • Voter Registrar-2024 Presidential Election $1.2 million • Housing-Owner Occupied Rehabilitation $0.1 million • Compensation/Retaining Qualified Workforce • Recommend approx.3.5%compensation increase $19.5 million • Allows one step increase and 0.5%general increase • Allows 3%merit increase and 0.5%general increase • 3%Employer health insurance contribution $1.5 million • Employees premiums remain flat After the Reductions and Redirection of Resources below are calculated, the budget balance is -$20.3 Million: Reductions and Redirection of Resources Balance -$20.3 M • Elimination of 17 vacant FTEs-ECCS ($1.3 million) • Elimination of 10.5 FTES and closure Kentucky Ave ICF ($1.15 million) • Economic Development-Bio-medical ($1.0 million) • Reduction of Fuel ($0.9 million) • Reduction Operating Supplies accounts ($0.6 million) • Human Services,City Treasurer,Courts,Finance,etc. • Switching Budget Software tools ($0.5 million) • Elimination of 5 FTEs-Libraries ($0.3 million) • Elimination of Housing Maintenance FTE ($0.1 million) • Elimination of Planning Right of Way FTE ($0.1 million) • Reduction in Non-Departmental Grants ($0.1 million) March 19, 2024 10 CITY MANAGER'S BRIEFING CITYMANAGER'S PROPOSED BUDGET ITEM#75393 (Continued) After the One-time Costs Identified below are calculated, the budget balance is-$7.5 Million: One-time Costs Identified Balance -$7.5 M • General Fund-Fund Balance $2.5 million • Presidential Election • VB Rescue Council • Fire Department Equipment,etc. • Attrition $10 million • Utilized$10 million to balance General Fund • Projected Fund Balance does not fall below 8-12% • Between use for Attrition and Year 1 CIP-Estimated 9.97% After calculating the Reduction in the General Fund summarized below, the budget is balanced: Reduction in General Fund- Pay-go to CIP Balance • General Fund-Pay-As-You-Go ($7.5 million) • Put more fund balance toward one-time projects • Eliminated some projects no longer priority • Example:MOCA Building,Roadway Cost Participation,Aquarium Parking,etc. • Relied on some dedications to avoid project reductions: • Agriculture Reserve Program-$500,000 • Open Space-$500,000 • Tourism Advertisement Program-$500,000 • Tourism Investment Program-$800,000 • Economic Development Investment Program Project March 19, 2024 11 CITY MANAGER'S BRIEFING CITY MANAGER'S PROPOSED BUDGET ITEM#753 93 (Continued) Here is the methodology used in redirection and sharing reduction decisions: "Modest" Redirection and Sharing Reduction • Methodology was three pronged: 1. Does dedication/fund have a budgeted reserve or positive fund balance? 2. If redirected,will capacity remain to cover existing obligation/intent? 3. If redirected,will fund balance remain above 15%? • Narrowed focus to ARP,Open Space,TAP,TIP and EDIP • Increased pay-go from each dedication reduced General Fund obligation by$2.3 million • Example,TIP$800,000-"Oceanfront Capital Project Reinvestment"and "Virginia Beach Amphitheater Capital Maintenance" Here are Department Specific Revenue Increases: Department Specific Revenue Increases • Aquarium and Convention and Visitor Bureau • Increase covered security cost increases • Human Services • Growth in State and Federal Revenue for specific programs • Public Works • VDOT Revenue increase supporting 16 additional FTEs and equipment needs • Parks and Recreation • Fee increases supporting park maintenance,10.5 Out of School Time(OST) FTEs,and 4 Lifeguard FTEs March 19, 2024 12 CITY MANAGER'S BRIEFING CITY MANAGER'S PROPOSED BUDGET ITEM#75393 (Continued) Waste Management- Recycling Resident Satisfaction Results Bulky items pick-up and removal services 72.9% 43.8% 47.3% City waste disposal and recycling centers 66.5% 42.9% 46.2% Residential yard waste/leaf/brush collection services 65.8% 59.7% 54.6% Residential curbside recycling services 70.7% 65.3% 56.6% Residential trash/garbage collection services 76.2% 76.8% 68.6% Services offered at the City landfill 70.8% N/A N/A Curbside Recycling contract doubling in cost February 20,2024 City Council briefing on issue Proposed Rate Increase of$3.05 is included to maintain this service Including as part of Proposed Budget will afford the public time to provide input at Budget related Public Hearings Citywide Funding Requests • Listed in Operating Budget document in the "Requested But Not Funded" Report • Current Services and New Services • Across all funds • Total unmet funding request by Departments of$32.7 million and 242.34 FTEs March 19, 2024 13 CITY MANAGER'S BRIEFING CITY MANAGER'S PROPOSED BUDGET ITEM#75393 (Continued) Here is the Budget Process Timeline for City and Schools: Budget Process Timeline- City and VBCPS March 12" VBCPS May 71"City Adopted Council March 19" Reconciliation November January City Manager May 14'"City Five Year Budget Proposed Council Adopt Forecast Deliberations Budget December February 6th Governor's SEON April Budget February 13-14 Public City Council Hearings Retreat "r Virginia Beach City Public Schools • Superintendent Estimate of Needs(SEON)is reflected in the FY 2024-25 Proposed Budget-(February 6,2024) • Growth in revenue: • Local Revenue Sharing Formula$13.3 million • State Revenue$0.5 million • Federal Revenue$1.2 million • Annualized compensation equal to 3.5% • Annualized additional 2%pay increase provided in January 2024 • Provide resources for step increase 1.5% • Net Reduction of 34 FTEs • City Manager negative reserve balancing budget as Proposed a 20 �— March 19, 2024 14 CITY MANAGER'S BRIEFING CITY MANAGER'S PROPOSED BUDGET ITEM#75393 (Continued) FY 2024-25 to FY 2029-30 City Manager's Proposed Capital Improvement Program Here is a summary of the Capital Improvement Program (CIP) Guidance: CIP Guidance • Council Retreat • Maintenance of existing infrastructure and assets • Modernization of existing facilities and infrastructure • Expansion of existing infrastructure to meet community needs • New Facilities and Infrastructure • Added Guidance to Consider • Construction timelines • Match funding obligations • Age of project in terms of public expectations • Insufficient funds to meet all CIP needs March 19, 2024 15 CITY MANAGER'S BRIEFING CITYMANAGER'S PROPOSED BUDGET ITEM#75393 (Continued) The Programmed CIP total is,$5.4-Billion: Programmed CIP PROGRAMMED FUNDING 14% Information Te hrwlog_ Sto—water&Flood Protection 24% Parks and kecraation T4: Water&Seaver utility - Roadways 9% 19% $5.4 billion total,including appropriations to date Here is an overview of CIP Highlights for Roadways Infrastructure and Transportation: CIP Highlights- Roadways Infrastructure and Transportation Resident Satisfaction Results Virginia Atlantic ;i Overall conditions of major City streets 60.1% 60.5% 50.9% Ability to predict travel time to places in Virginia Beach 64.4% N/A N/A Roadways leverage State and Federal funding:$155 million over 6-year Program Projects Previously Delayed- Cleveland Street-additional programmed funds now reflected as fully funded Shore Drive Phase IV-additional State,Federal,and Local out year-BTC$48.4 million remains.... Elbow Road Extended Phase II-D-additional State,and Local out year-BTC$25.5 million remains.... Notable new projects or projects now fully funded: Great Neck Bridge Pacific Avenue Turn Lanes-federally funded 17"Street Phase I-TIP Funded March 19, 2024 16 CITY MANAGER'S BRIEFING CITY MANAGER'S PROPOSED BUDGET ITEM#75393 (Continued) Here is an overview of CIP Highlights for Stormwater and Coastal: CIP Highlights- Stormwater and Coastal Resident Satisfaction Results Stormwater management and flood control major City streets 47.3% 64.8% 51.0% Overall efforts to protect natural resources and environment 45.8% N/A N/A Quality and condition of trees and open space in the City 64.9% N/A N/A Condition and Maintenance of Virginia Beach Beaches 82.8% N/A N/A 172h Street Regional Stormwater Management Facility-State funding,fully funded USACE Regional Coastal Storm Water Risk Management Study(3x3x3)-Local share$3 million Here is an overview of CIP Highlights for Parks, Recreation, Library and Human Services: CIP Highlights Parks, Recreation, Library and Human Services Resident Satisfaction Results Virginia Atlantic National Beach Region Average Availability of trails and pathways 75.0% N/A N/A Overall quality of parks and recreation programs and facilities 88.6% S0.0% 50.6% Physical conditions of City parks,trails and outdoor facilities 88.4% 68.6% 67.3% Overall quality of City Library services 89.1% 71.9% 65.6% Rudee Loop Park Development-Fully Funded$60 million(TIP) Southern Rivers Watershed Site Acq.Program-$7 million State Funding(redirection possible) Recreation Center Modernization-Increase$4 million(P&R Special Revenue) Accelerate$10 million previously programmed Library Automated Materials Handler-$3 million March 19, 2024 17 CITY MANAGER'S BRIEFING CITYMANAGER'S PROPOSED BUDGET ITEM#75393 (Continued) CIP Highlights- Others needs won't find on survey Central Plant Loop Replacement-$29 million Beach Maintenance Facility-BTC Mosquito Control Replacement-$4 million(Stormwater Dedication) Waste Management Facility-$2.2 million(Waste management Fund) 2151 Century Enterprise Resource Planning(HCM)-additional$4 million There is a total of$991-Million in Unfunded Needs and Delayed/Deferred Projects: Unfunded Needs and Delayed/Deferred Projects • Insufficient funds to meet additional funding requests for existing and new projects totaling more than $634 million • Including Flood Protection Section requested need grows to$991 million March 19, 2024 18 CITY MANAGER'S BRIEFING CITY MANAGER'S PROPOSED BUDGET ITEM#75393 (Continued) FY 2024-25 Revenues Here are the FY 2024-25 Revenue Highlights: FY 2023-24 Revenue Highlights Real Estate Tax Rate reduced to$0.97 Real Estate and Personal Property _ Extension of time before penalties and interest Gills Cove Dredging SSD * Increased to$0.16 p Schilling Point Dredging SSD - Increased to$0 58 �- m-�nrrrn� a Parks and Recreation Fees Increase Various Fees Stormwater ERU Fee I . _ Rate remains 49.3C per day �s. s i•. Waste Management Fee * $3.05 monthly increase Water&Sewer Fees Various Service Fee Increases March 19, 2024 19 CITY MA NA GER'S BRIEFING CITY MANAGER'S PROPOSED BUDGET ITEM#75393 (Continued) Tax Burden and Measures Resident Satisfaction Results Virginia Atlantic National Beach Region Average Overall value that you receive for your City tax dollars and fees 52.8% 33.8% 33.8% Tax or Fee FY 2023-24 FY 2024-25 Monthly Change Annual Change Single Family Median-Real Estate $3,621 $3,766 $12.08 $144.96 Waste Management Fee $27.50 $30.55 $3.05 $36.60 Water Utility $26.00 $28.70 $2.70 $32.40 Sewer Utility $31.58 $32.37 $0.79 $9.48 Change $18.62 $223.44 Real Estate tax avoidance median home value$388,200: annual or per month Hampton Roads Real Estate Tax Rates per $135 $100 Assessed $1.30 A-_ ._._s..«._.. 1.3 $1.25 1.25 $1.20 1.18 $1.15 > 1.16 $1.10 1.09 $1.05 � 1.01 $1.00 0.99 $0.95 $0.90 FY 18 FY 19 FY 20 FY 21 FY 22 FY 23 FY24 - Ha-npion-Norfolk--Portsmouth--- Suffo'k-h Chesapeake-Newport News-»-Virginia Beach March 19, 2024 20 CITY MANAGER'S BRIEFING CITYMANAGER'S PROPOSED BUDGET ITEM#75393 (Continued) Here is a Comparison of Tax Rates: Comparison of Tax Rates v`1 Newport Chesapeake Norfolk Portsmouth Suffolk Reach Hampton News Real Estate(per$100/A.V.) $1.01 $1.25 $1.30 $1.09 __$_1_.16 $1.18 Personal Pro _-----_---_-----perry(Vehicles&Business) - $4.08 $4.33 $5.00 $4.25 $4.50 $4.50 Personal Property(Machinery&Toolsi' $0.64 $1.70 $1.50 $0.63 $1.23 $1.25 Personal Property(Boats)- $0.09 - $0.50 $1.50 - $1.00 Automobile License Registration $30,00 $26.00 $31.00 $32.00 $26.00 $35.00 $26.00 Cigarette(per pack)-- _ - _$0,75 -. _- $0.65 $0.95 $0.95 $0.75 $0.85 $0.85 Solid Waste Fee (per month)"• $30.55 - $28.51 $29.16 $25.25 $31.42 $31.63 Meals 5.5% 6% 6.5% 7.5% 6.5% 7.5% 7.5% Admissions 10.C, 10.0% 10.0% 10.0% 10.0% 10.0% 10.0% Hotel A 8.0% 8.0% 8.0% 8.0% 8.0% 8.0% 8.0% Hotel Flat Tax $2.00 $1.00 $3.00 $3.00 $1.00 $2.00 $1.00 This is the Budget Adoption Timeline: Budget Adoption Timeline March 26 Council Workshop-Budget and CIP Presentations April 2 Council Workshop-Budget and CIP Presentations April Council Workshop-Budget and CIP Presentations April 16 Council Workshop-Budget and CIP Presentations April 17 Public Hearing at Virginia Beach Convention Center April 23 Council Workshop-Budget and CIP Presentations Public Hearing April 30 Council Workshop-Budget Presentations&Discussions May? Reconciliation Workshop May 14 City Council Votes on Budget 8., March 19, 2024 21 CITY MANAGER'S BRIEFING CITY MANAGER'S PROPOSED BUDGET ITEM#75393 (Continued) Questions & Discussion Mayor Dyer expressed his appreciation to Mr. Chatellier for the presentation. March 19, 2024 22 CITY COUNCIL DISCUSSION/INITMTIVES/COMMENTS ITEM#75394 2:35 P.M. Council Member Remick advised the 52nd Shamrock Marathon was held last weekend with 22,000 runners participating as well as several children who ran the one(1)mile course known as the "Fun Mile". Council Member Remick advised it was a beautiful weekend and believes this event does so much for residents, as well as tourists with approximately 60% of runners who came from places outside of the City. Council Member Remick expressed his appreciation to Mr. and Mrs. Frostick from J&R Racing for continuously organizing this event. Mayor Dyer expressed pride in how well the City hosts this and other similar events flawlessly. March 19, 2024 23 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#75395 (Continued) Council Member Schulman distributed copies of three (3) slides from the SMART Scale presentation provided to the Body on March 12`h, attached hereto and made a part of the record. Council Member Schulman advised the slides represent the proposed road improvement project listed on the SMART Scale Grant Application list at the intersection of Independence Boulevard and Haygood Road. Council Member Schulman advised the slide provides information on the recommendations to improve congestion at the intersection as it is the most congested intersection without funded improvements. Council Member Schulman advised the recommendation presented is to remove the East and West bound movements from Wishart Road and Haygood Road, preventing drivers to cross over Independence Boulevard and only allowing them to make a right hand turn on Independence from either Wishart or Haygood Roads. Council Member Schulman expressed his concern that the recommended project would cause dangerous traffic conditions as drivers will have to make U-turns on Independence Road with limited visibility or it could cause drivers to find alternative routes through the neighborhoods causing congestion and increased speeding conditions. Council Member Schulman advised he travels through this area and has heard from several nearby civic leagues who shared similar concerns. Council Member Schulman advised he spoke to City Manager Duhaney and Public Works Director Hansen and after sharing the concerns with them, communicated he would like the recommended project removed from the SMART Scale grant application list. Council Member Schulman believes the intentions were good but does not believe the consequences will be worth it and asked for the Body's consent to remove the proposed project from the list. City Manager Duhaney advised the Body has not passed any legislation regarding the application for the SMART Scale projects and requested direction for responding to Council Member Schulman's request. Upon consensus from the Body, Mayor Dyer directed City Manager Duhaney to remove the project from the application. March 19, 2024 Total Independence Boulevard & Haygood Road IntersectionCost: • #1 Congested Intersection Amongst Un-Funded Projects (2022) • Thru-cut for the eastbound and westbound approaches • Project optimizes signal timings j etp • Remove EB and WB thru-movements on Wishart Rd. and Haygood Rd. Benefits: _ _ _ �_..t ❖ Innovative intersection to address high congestion , , u�x « _ ❖ Operational signal improvements to improve traffic flow ❖ Safety benefits Af " •J Low Cost ❖ No ROW acquisition required ❖ Based on 2030 scenarios — overall intersection delay reduced from 70 seconds to 34 seconds Thru-cut concept image only `, 15 M Total Est. • ' • ' • ' • • • • • • . • • Cost: • • . • $5M 01 , a a .. Y zH f a y a , ► Total Est. • • • • • • • • • . • • Cost: • • . - • • • • $5M 1} mot, v r'. .� J y a AM � ' CITY OF VIRGINIA BEACH SMART SCALE ROUND 6 INDEPENDENCE BLVD do HAYGOQD ROAD INTERSECTION IMPROVEMENTS p January 2024 LEND. C n PRnPn-Fn MI/nVFRIAY *9 0 PROPOSED FULL DEPTH PAVEMENT ,I k Q PROPOSED GREEN SPACE PROPOSED RAISED MEDIAN T E)OSTING PROPERTY UNES �._..... ""._.. .---...-- --•:---., PROPOSED RIGHT—OF—WAY PROPOSED CURB R GUTTER i 1 24 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#75396 (Continued) Vice Mayor Wilson congratulated Mayor Dyer and City Manager Duhaney on their State of the City address on March 1?and expressed how impressive it was to see over 1,200 people attend as well as the great conversations between City Council and staff. Mayor Dyer advised it takes a lot of work to make the City the great place that it is which no one person can do on their own. Mayor Dyer expressed his appreciation to the Body, City Manager Duhaney, staff, and all of the citizens who contribute so much and highlighted the many years Cadillac Harris has contributed as an example of the kind ofpeople who should be recognized and help define the Cityfor being the unique and remarkable City it is. Mayor Dyer also wanted to give a special thanks to the group, Black Street,for singing the National Anthem, as it was the most touching and compelling performance he has seen. March 19, 2024 25 CITY COUNCIL DISCUSSIONIINITL4TIVESICOMMENTS ITEM#75397 (Continued) Vice Mayor Wilson advised she has been working on the School Board Career and Technical Education Committee to address workforce shortages and the need for more alternatives of vocational education for graduates who do not go to college. Vice Mayor Wilson advised the Committee is finalizing the recommendations to be presented to the School Board on March 26`h and would like the Body to receive the same presentation at a future City Council Meeting. March 19, 2024 26 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#75398 (Continued) Council Member Ross-Hammond advised she filled in for Vice Mayor Wilson, who was not feeling well, to host the Human Trafficking Summit last Friday and had a good turnout with sixty (60)people attending including Delegate Tata, Tonya Gould from the Attorney General's Office and Police Officer Wilson. Council Member Ross-Hammond advised it was interesting to hear the number of people and families affected and the age ranges from small children up to one woman who was 102 years old. March 19, 2024 27 CITY COUNCIL DISCUSSION/INITMTIVES/COMMENTS ITEM#75399 (Continued) Council Member Berlucchi reminded the public of the Public Safety Forum he will host on March 20`h from 6:00 — 8:00 p.m. at the Bow Creek Recreation Center with the City's public safety leaders to provide updates and answer questions. Council Member Berlucchi invited anyone interested to attend. March 19, 2024 28 CITY COUNCIL DISCUSSIONIINITL4TIVES/COMMENTS ITEM#75400 (Continued) Council Member Berlucchi advised Beatriz Amberman has been a long standing member of the Human Rights Commission and will be coming off as she has completed the maximum number of terms and expressed his appreciation to her for all of her outstanding work on the Commission. Council Member Berlucchi advised Ms. Amberman is a leader for the Hispanic community and serves as Chair of the Virginia Coalition of Latino Organizations and is one of the most professional, kind and compassionate people he has ever worked with and asked the Body to join him in thanking her for her service. Mayor Dyer suggested presenting Ms. Amberman with a Proclamation or Resolution, adding, she is another example of the kind of resident who continuously contributes to the community. March 19, 2024 29 CITY COUNCIL DISCUSSION/INITLITIVES/COMMENTS ITEM#75401 (Continued) Council Member Wooten advised she wanted to highlight a couple of businesses, "Camp Bow Wow" located in District 7 and Blue Seafood&Spirits. Council Member Wooten advised she attended the grand opening of Camp Bow Wow which is a large doggy day care and boarding facility that has a capacity of 140 dogs with security cameras and green space in the back. Council Member Wooten expressed her appreciation to the staff who were very friendly and hopes everyone will stop by to visit this one of a kind doggy daycare. Council Member Wooten advised she was listening to the radio and heard Blue Seafood &Spirits on Upton Drive was rated the number one(1)seafood restaurant in the City by Yelp. March 19, 2024 30 CITY COUNCIL DISCUSSIONIINITL4TIVES/COMMENTS ITEM#75402 (Continued) Council Member Wooten advised the Independent Citizens Review Board(ICRB)held a Town Hall Meeting last Thursday at Ebenezer Baptist Church and provided an informative overview of the ICRB. Council Member Wooten advised the ICRB has completed training and are now poised and ready to hear their first case tomorrow. Council Member Wooten advised the second Town Hall Meeting will be held on April 6`h at 6:30 P.M. at the Oceanfront Area Library. March 19, 2024 31 CITY COUNCIL DISCUSSIONIINITL4TIVES/COMMENTS ITEM#75403 (Continued) Council Member Hutcheson advised he attended the opening of the Pony Baseball League in Kempsville with Mayor Dyer, Council Member Rouse, Senator Rouse and Sheriff Holcomb. Council Member Hutcheson advised he had a great time seeing the kids playing and expressed his appreciation to Mayor Dyer for coming to speak. March 19, 2024 32 AGENDA REVIEW SESSION ITEM#75404 2:53 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: J. ORDINANCES/RESOLUTIONS 1. Ordinance to DECLARE a portion of City-Owned property located at 2750 Elbow Road to be in Excess of the City's Needs and AUTHORIZE the City Manager to dedicate the property to the City of Chesapeake re bridge and road improvements 2. Ordinance to GRANT thirteen (13)Franchise Agreements for Outdoor Cafes in the Resort Area a. Dunes Investment Association,LLC, t/a The Dunes Cafe re boardwalk cafe b. Seda Inc. t/a 21st 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 3. Resolution to ESTABLISH a Stormwater Management Implementation Advisory Group (Requested by Mayor Dyer and Council Member Schulman) — Deferred from March 5, 2024 (SPONSORS REQUEST DEFERRAL) 4. Resolution to PROVIDE direction to the City Manager on the use of funds in Capital Project #100629, "Sports Tourism Infrastructure," and PROVIDE direction to the City Manager to create options re dedicated funding source for Arts and Culture using existing funding dedications (Requested by Council Members Berlucchi, Ross-Hammond, Rouse, Remick, and Schulman) 5. Ordinance to AMEND City Code Sections 23-2.1, 23-17, and 23-18.1 re curfews and other restrictions and regulations during civil commotion to be consistent with state law 6. Resolution to PETITION the Commonwealth of Virginia re convey certain real property to the City 7. Resolution to APPROVE a Settlement Agreement with The Adventure Park at Virginia Beach,LLC re unauthorized tree removal and to APPROPRL4TE the first installment payment to Parks and Recreation—Tree Mitigation Fund March 19, 2024 33 AGENDA REVIEW SESSION ITEM#75404 8. Ordinance to 1)AUTHORIZE acquisition of(a) 7.1 f acres of land at the intersection of Wolfsnare Road and Great Neck Road, (b) 0.18f acres of land at Half Place; (c) 0.17f acres of land at the intersection of Chadwick Drive and Cambridge Drive from Lynnhaven Area Properties, LLC and Washington Square Townhouses, LLC; and 2)AUTHORIZE the City Manager to EXECUTE all necessary documents re the acquisition and the settlement ofpending litigation 9. Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned property known as Stratton's Creek at the rear of 416 Goodspeed Road re construct and maintain a boat lift and a boathouse and into a City-Owned utility easement re construct and maintain riprap DISTRICT 6 10. Ordinance to AUTHORIZE temporary encroachments into the City's right-of-way known as Bobolink Drive at the front of 1060 Bobolink Drive re maintain existing hardscaping,landscaping and irrigation system DISTRICT 6 11. Ordinance to ACCEPT and APPROPRLATE $32,000 of federal pass-through funding from the Virginia Department of Emergency Management to the FY2023-24 Fire Department Operating Budget re equipment and training for the Department's Technical Rescue Team 12. Ordinance to ACCEPT and APPROPRIATE $4,000 from the Federal Emergency Management Agency(FEMA)to the FY2023-24 Fire Department Operating Budget re FEMA training stipends for certain members of Virginia Task Force 2(VA-TF2) 13. Ordinance to TRANSFER $4,638,235 from the Tourism Investment Program (TIP) Fund to Capital Project #100486, "Winston Salem Avenue Improvements"re allow the execution of a construction contract J. ORDINANCES I RESOL UTIONS: COUNCIL MEMBER REMICK FILE A DISCLOSURE FOR ITEM#2.1 ITEM#3 WILL BE CONSIDERED FOR INDEFINITE DEFERRAL ITEM#4 WILL BE CONSIDERED SEPARATELY ITEM#13 WILL BE CONSIDERED SEPARATELY March 19, 2024 34 AGENDA REVIEW SESSION ITEM#75404 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: K. PLANNING 1. SUNSATIONS REALTY, LLC for a Special Exception for Alternative Compliance re J-I Visa Dormitory Housing for Temporary Workers at 2500 Atlantic Avenue DISTRICT 6 2. DAOLIN DONG& JIA YIN WANG/CHARLES B. HA YES& STRAWBRIDGE COMMONS CONDOMINIUM ASSOCIATION for a Modification of Proffers to a Conditional Change of Zoning re allow retail sales and eating and drinking establishment at 2180 McComas Way,Suite 111 DISTRICT 5 3. VIRGINIA WESLEYAN UNIVERSITYfor a Conditional Use Permit re Museum at 5817 Wesleyan Drive DISTRICT 4 4. YURVIN JUAN MORALES LOPEZ/FREEDOM LAND INVESTMENT, LLC for a Conditional Use Permit re open air market at 5070 Virginia Beach Boulevard DISTRICT 4 5. GEORGE CUTULLE/GEORGE JOSEPH CUTULLE& VIVIENNE MARY CUTULLE for a Conditional Use Permit re residential kennel at 2760 Mulberry Loop DISTRICT 5 6. BRANDONSHAWfor a Conditional Use Permit re home occupation—retail sales at 2076 Mason Neck Lane DISTRICT 7 7. SIRENARTS STUDIO/RT VIRGINIA HOLDINGS,LLCfor a Conditional Use Permit re tattoo parlor and body piercing establishment at 1423 North Great Neck Road, Suite 105A DISTRICT 8 8. CECILIA M.PATTERSON/ROCKY LLCfor a Conditional Use Permit re tattoo parlor at 3920 Virginia Beach Boulevard DISTRICT 8 9. 915C PACIFIC, LLC for a Conditional Use Permit re short term rental at 915 Pacific Avenue Unit C DISTRICT 5 10. MARIBEL JOA/MARIBEL JOA & COURTNEYA. CURRIE for a Conditional Use Permit for a short term rental at 304 28`'Street, Unit 211 DISTRICT 6 K. PLANNING: ITEM W WILL BE CONSIDERED SEPARA TEL Y March 19, 2024 35 ITEM#75405 Mayor Robert M. Dyer entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose: PUBLICLY HELD PROPERTY: Discussion or consideration of the acquisition of real property for public purpose; or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). • District 2 • District 2 • District 2 • District 2 • District 5 • District 6 PUBLIC CONTRACT: Discussion of the award of a public contract involving expenditure of public funds, and discussion of terms or scope of such contract, where discussion in an open session would adversely affect the bargainingposition or negotiating strategy ofthe public bodypursuant to Section 2.2-3711(A)(29) • Pembroke Redevelopment Project LEGAL MATTERS: Consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel pursuant to Section 2.2- 3 711(A)(8). • DOJADA Audit March 19, 2024 36 ITEM#75405 (Continued) Upon motion by Council Member Rouse,seconded by Council Member Ross-Hammond, City Council voted to proceed into CLOSED SESSION at 3:12 P.M. Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara M.Henley,David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. `Joash" Schulman, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Chris Taylor Break 3:12 P.M. — 3:22 P.M. Closed Session 3:22 P.M. — 5:25 P.M. March 19, 2024 37 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL MARCH 19,2024 6:00 P.M. Mayor Dyer called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in City Council Chamber, City Hall, on Tuesday,March 19, 2024, at 6:00 P.M. Council Members Present: Michael F.Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley,David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Chris Taylor-Ill INVOCATION: Mayor Dyer MOMENT OF SILENCE PLEDGE OF ALLEGLINCE TO THE FLAG OF THE UNITED STATES OF AMERICA CITY COUNCIL DISCLOSURES: Vice Mayor Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard Hanna Real Estate Services ("Howard Hanna'), who's Oceanfront Office is located at 303 34`h Street Suite 102, Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size of Howard Hanna,and the volume of transactions it handles in any given year,Howard Hanna has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If,during her review of the agenda for any given meeting of the Council,she identifies a matter in which she has a "personal interest," as defined in the Act, she will file the appropriate disclosure letter to be recorded in the official records of the City Council. Vice Mayor Wilson regularly makes this disclosure. Her letter of February 20, 2018 is hereby made part of the record. March 19, 2024 38 Council Member Remick DISCLOSED that he is employee of Colliers International Virginia, LLC, ("Colliers')which is a commercial real estate services company. Because of the size and nature of Colliers and the volume of transactions it handles in any given year, Colliers has an interest in numerous matters in which he is not personally involved and has no personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he participates in a matter before the City Council in which Colliers has an interest in the transaction and he has no personal knowledge of that interest. In order to ensure compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is Council Member Remick's practice to thoroughly review the agenda for each meeting of the City Council to identify any matters in which he might have an actual or potential conflict. If, during review of the agenda for a Council meeting, he identifies a matter in which he has a `personal interest,"as defined by the Act, either individually or as an employee of Colliers, he will file the appropriate disclosure or abstention letter to be recorded in the official records of the City Council. March 19, 2024 39 VI.F CERTIFICATION ITEM#75406 Upon motion by Council Member Rouse, seconded by Council Member Ross-Hammond, City Council CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara M.Henley,David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Chris Taylor *Council Member Wooten stepped out during the Public Contract—Pembroke Redevelopment Project discussion due to a possible conflict of interest(5:13-5:25 P.M.) March 19, 2024 B�c Jig` �'• �k f� e ?a OF OUR NI"0 RESOL UTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,pursuant to the affirmative vote recorded in ITEM#75405 on Page 35 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS:Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE,BE ITRESOLVED:That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. Amar'�db)0xid, MM City Clerk March 19, 2024 40 ITEM— VI.G.1 MINUTES ITEM#7540 7 Upon motion by Council Member Berlucchi, seconded by Council Member Ross-Hammond, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of March 5,2024 Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara M. Henley,David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Chris Taylor March 19, 2024 41 ITEM— 1/7 G.2 MINUTES ITEM#75408 Upon motion by Council Member Berlucchi, seconded by Council Member Ross-Hammond, City Council APPROVED the MINUTES of the FORMAL SESSION of March 12,2024 Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley,David Hutcheson, Robert W "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Chris Taylor March 19, 2024 39 VLF CERTIFICATION ITEM#75406 Upon motion by Council Member Rouse, seconded by Council Member Ross-Hammond, City Council CERTIFIED THE CL OSED SESSION TO BE INACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley,David Hutcheson, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Chris Taylor *Council Member Wooten stepped out during the Public Contract—Pembroke Redevelopment Project discussion due to a possible conflict of'interest(5:13- 5:25 P.M.) March 19, 2024 G�NIA:BFgC, O4f' U . � e = +Op OUR NZN RESOL UTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM#75405 on Page 35 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS:Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE,BE IT RESOLVED.•That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. Ama a es, MM City Clerk March 19, 2024 40 ITEM— VI.G.I MINUTES ITEM#7540 7 Upon motion by Council Member Berlucchi, seconded by Council Member Ross-Hammond, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of March 5,2024 Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. `Joash" Schulman, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Chris Taylor March 19, 2024 41 ITEM— 1/I.G.2 MINUTES ITEM#75408 Upon motion by Council Member Berlucchi, seconded by Council Member Ross-Hammond, City Council APPROVED the MINUTES of the FORMAL SESSION of March 1Z 2024 Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley,David Hutcheson, Robert W "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Chris Taylor March 19, 2024 42 ITEM— VI.H.1 MAYOR'S PRESENTATIONS ITEM#75409 RECOGNITION SISTER CITIES ASSOCL4TION OF VIRGINL4 BEACH(SCAVB) 2024 YOUTH AMBASSADOR AND VISITING STUDENTS FROM WAIBLINGEN, GERMANY Mayor Dyer welcomed Jessica Windish, Academy Coordinator - Global Studies and World Languages Academy at Tallwood High School. Ms. Windish introduced Aubrey Swain, who was selected as the 2024 SCAVB Youth Ambassador and will appear in key local cultural events throughout the coming year. Ms. Windish introduced several students who recently visited a Sister City in Ards and North Down Borough, Northern Ireland, and explained it was the seventh student exchange since 2012. Ms. Windish also introduced a combination of students from the Global Studies and World Languages Academy at Tallwood High School and visiting students from Staufer Gymnasium in Waiblingen, Germany. Ms. Windish expressed her appreciation to City Council for their continued support and advised the experiences the student have had solidifies belief in the value of maintaining international relationships, appreciating the diversity of their fellow global citizens, and taking action in their global community that would not have happened without City Council's support and the maintenance of SCAVB's Sister City relationships. Ms. Windish introduced Kay Roberson, Gifted Resources Teacher at Cox High School. Ms.Roberson shared the plans for this October when she will host the second student exchange with student Matt Belcher from Cox High School to go to Waiblingen, Germany and attend the Sister City school Salier Gymnasium. Ms. Roberson advised in April 2025, a team of Cox students and two teacher chaperones will travel to Waiblingen, Germany to explore the rich history, art, and traditions of Germany while also developing lifelong friendships and connections that extend far beyond geographical borders. March 19, 2024 43 ITEM— VI.H.2 MAYOR'S PRESENTATIONS ITEM#75410 PROCLAMATION TIFFANY RICHARDSON-HARRELL On behalf of Mayor Dyer, Council Member Wooten welcomed Tiffany Richardson-Harrell and read the Proclamation recognizing her as the first black female NASCAR driver at Langley Speedway and exemplifying how she is able to balance her passion for driving with her roles as a wife, mother of two children, entrepreneur, artist, and graduate student. Council Member Wooten called upon all citizens in to join City Council in honoring and celebrating Tiffany Richardson-Harrell's accomplishments in the world of motorsports, and for inspiring young generations of women. Mrs. Richardson-Harrell expressed her appreciation to City Council for this recognition and support to encourage young children to pursue their dreams. March 19, 2024 U �a y Z Zo�99 "� ,• �`rr o-s e Op OUR IN 0 Vrodamation U4erras• T ffany Puchardson-MarrelX a wife and mother of two children;and ` 4iiema. Tiffany's bacftproundwas deeply rootedin a family of auto mechanics andrace car dnvers,Tiffany's passion for speed and racing was ignited at a young age;and U*91 ax 9fer journey to the racetrackwas unconventionaC stemming from a chifAood dream f tefed by her famdys hidden legacy in racing,which she discoveredwhde delving into hergeneafogy;and u4i ear Tiffany's transition from a member of her brother-in-law's(Danny 7farrell)pit crew to driving her own race car was driven 6y her unwavering determination and desire to be more than a spectator. Despite facing challenges such as acquiring technical knowledge and improving physical conditioning,Tiffany persevered,making signiticant lifestyle changes to prepare for her racing debut; and `F4erea.- As an entrepreneur,artist,andgraduate student,Tiffany eYempfifies the 6a(ance between pursuing one's passion and managing other life responsibilities;and U4erras• Tiffany Richardson-Marreflis a trailblazer in the racing world,breaking barriers as the firstAfncan American female NASCARdriverat Gangfey Speedway in Mampton,VA,and ` 4erzas: Tt fany's racing career is not just about competition;its about inspiring others to foQow their dreams,regardless of their 6ackgroundorage.Tiffany aims to be a role modefforallaspiring racers, espenady young AfricanAmerican girls,and boys,encouraging them to start sm4 seekmentorship, andimmerse themselves in the racing community;and 'Whereas:• 'With her first race approaching inApril2024,Tffany sgoafs are clear. to stay safe,kM her car intact,and hopefully cfaim victory.As she continues to evolve in her racing hobby,she aspires to inspire and mentor the nett generation of drivers,proving that it's never too late to pursue what you love. Now,rlberrfore I,Wilbert T. 'Bo b6y"Dyer,SKayor of the City of Virginia Beach,Virginia,do hereby procfaim.• Tiffany Wxhardson Marmffas the First Black Female Wgce car Driver In $161girda Beach, I calf upon all citizens in Virginia Beach to join us in honoring and cefe6rating Tiffany Wichardson-lfarrellaccompl'uhments in the world of motorsports,andfor inspiring young generations of women. In 4lhtnesa Viiarof, I have hereunto set my hand and caused the Offwial Sea(of the City of Virginia Beach, Virginia,to be a0ked this nineteenth(Day of March,Two ThousandandTwenty-Four. i� Wp6ert 94. "Bobby"(Dyer Wayor 44 ITEM— VU FORMAL SESSION AGENDA ITEM#75411 Mayor Dyer read the Speaker Policy and advised for items where only one(1)speaker is registered, the City Clerk will call the speaker and they will be given a total of six(6)minutes to speak on all items. The City Clerk called the following speaker: Jimmy Frost, 2240 Windom Place,Phone: 343-6768, spoke in SUPPORT for Ordinance J.8 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council APPROVED, BY CONSENT,Agenda Items Ordinances/Resolutions J: 1, 2, 3 (DEFERRED INDEFINITELY), 5, 6, 7, 8, 9, 10, 11 and 12 and Planning K. 2,3, 4, 5, 6, 7, 8, 9 and 10 Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M.Henley,David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Chris Taylor J. ORDINANCES/RESOLUTIONS: ITEM#4 WILL BE CONSIDERED SEPARATELY ITEM#13 WILL BE CONSIDERED SEPARATELY K. PLANNING: ITEM#1 WILL BE CONSIDERED SEPARATELY March 19, 2024 45 ITEM— VI.J.1 ORDINANCES/RESOLUTIONS ITEM#75412 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT, Ordinance to DECLARE a portion of City-Owned property located at 2750 Elbow Road to be in Excess of the City s Needs and AUTHORIZE the City Manager to dedicate the property to the City of Chesapeake re bridge and road improvements Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley,David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Chris Taylor March 19, 2024 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 19th day 38 of March , 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Public Works / Weal Estate City Attorney CA16267 \\Vbgov com\dfst Wpplications\CityLaw\Cycom32\WPDOCS\D002\P046\00935527.docx R-1 February 21, 2024 tabbies' m X NOW OR FORMERLY CITY OF VIRGINIA BEACH D.B. 43OZ PG. 495 D.B. 43OZ PG. 490 M.B. 14Z PG. 72 - CHESAPEAKE O M.B. 161, PG. 19 - CHESAPEAKE CITY LINEPN 2750 ELBO W W ROAD (M.B. 142, PG. 72 - CHESAPEAKE) y2 NOW OR FORMERLY N=3,443,320.23 (MB. 296, PG. 39 - WRGINIA BEACH) �s�v CITY OF VIRGINIA BEACH E=12,172,694.01 PROPERTY 10 BE DEDICATED FOR 9q��mF D.B. 4438, PG. 294 25.19 IVOiT-OF-WAY PURPOSES r�\�y M.B. 296, PG. 39 - MRGINIA BEACH 521 S0. FT. 0R Q011 ACRES GPIN 1465-70-4777 APPROX. 2 Mj�ES TO +16.71 �J, CENTERNLLE TURNPIKE S 55%143"W 203.00' MON. 22.42' L2 +00.00 18.90' N=3,443,649.08 ELBOW MON. +46.26 22.25, E=12,173,147.53 ROAD CONSTRUCnON 0L3 +06.77 MON 0o BASELINE 17.29 - 0o N=3,443 E,348.73 N 550B49" 00.110 C2 C4 X C3 L4 EX1571NG R/W S 487543" W E=12,172,779.31 0 0 ELBOA' Rpm o � Cl ELBOW ROAD CONSTRUCAON BASEUN£ o N o N 47'S6'15"E o LINE TABLE V��BLE W/OTH PUBLIC RIGH (10.8.. T-OF µqY ry o o 161, PG. LINE BEARING DISTANCE I9) o0 0 o 0 L 1 S 60J3 32 W 83.78 00 L2 N 57'0324 E 83.34 y L3 N 550838 E 106.40 a L4 S 48'15 43 W 25.29 001 CURVE TABLE PLAT SHOWING CURE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE TANGENT PROPOSED RIGHT OF WAY Cl 1,250.00' 157.29' 157.18' N 51J2J2"E 77234" 78.75' FOR C2 4,61243' 46.17' 46.17' S 5309'05" W OJ425" 23.09' THE CITY OF CHESAPEAKE C3 6,420.06' 202.94' 202.93' S 5109 31" W 148'40" 101.48, TO BE DEDICATED FROM TAX PARCEL #0390000000330 C4 6,420.06' 142.70' 142.69' S 505323" W 176'25" 71.T5 OWNED NOW OR FORMERLY BY CITY OF VIRGINIA BEACH 'NTH OF � ELBOW ROAD BRIDGE REPLACEMENT CHESAPEAKE, VIRGINIA \\ SCALE: 1" = 50' DATE: DECEMBER 27, 2022 STEPH EARCE a Ll. Na. 002453 PRECISION MEASUREMENTS, INC. ell ) 8-9-2023 A71E REPORT RENSED. 10-24-2023 PER CITY COMMENTS CHANGE TO DEDlCA7E0" WWW.PRECISIONME4SUREA4ENTS.COM d s 4-14-202J PER CITY COMMENTS SURVEYORS• GPS • 3-D SCANNING "MAPPERS SjJRv 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 CER77RCA77ONS AND LEGENDS DIRECTOR OF PUBLIC WORKS, CITY OF CHESAPEAKE, WRGINIA GRAPHIC SCALE SHEET 1 OF 2 PROJECT I.- 18230 FILE- 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 00' STATION AND OFFSET FOR DEN07ES PROPERTY TO BE 523 SO. FT OR 0.012 ACRES 00. RIGHT-OF-WAY PURPOSES +00.0 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 STATE PLANE COORDINATE SYSTEM, SOUTH pyTH OF PLAT SHOWING ZONE, NAD 1983/1994 (HARN). COORDINATE VALUES SHOWN ARE EXPRESSED PROPOSED RIGHT OF WAY IN U.S. SURVEY FEET. THE CITY OF CHESAPEAKE CONTROL REFERENCE POINT 1 FOR USED TO ESTABLISH THE COORDINATE VALUES SHOWN HEREON IS STA77ON � NUMBER 103. E % THE CITY OF CHESAPEAKE oV STEPH PEARCE a TO BE DEDICATED FROM TAX PARCEL #0390000000330 2 PROPERTY LINE AND RIGHT-OF-WAY INFORMA77ON IS BASED ON PLATS, DEEDS Ljc.\1y. 002453 OWNED NOW OR FORMERLY OF RECORD, AND ACTUAL FIELD MEASUREMENTS MIS PLAT DOES NOT BY REPRESENT A BOUNDARY SURVEY. lj SURv$ Q) CITY OF VIRGINIA BEACH 3 THIS PLAT IS INTENDED FOR DEDICA77ON PURPOSES ONLY AND DOES NOT ELBOW ROAD BRIDGE REPLACEMENT CONS77TUTE A SUBDIVISION OF LAND. CHESAPEAKE, VIRGINIA REVISED: 10-24-2023 PER CITY COMMENTS, CHANGE TO DEDICATED" SCALE: 1" = 50' DATE: DECEMBER 27, 2022 4. PROPERTY TO BE DEDICATED BY DEED. 8-9-2023 77TLE REPORT 5. THIS PLAT WAS PREPARED WITH THE BENERF OF A 77TLE 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.PRECISIONME4SUREA4ENTS.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 CLERKS OMCE IN THE (757) 368-0945 CIRCUIT COURT IN THE CITY OF CHESAPEAKE, VIRGINIA. BY- DATE 0 50 100 150 FEET 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.- 182JO FLE. ELBOW ROAD CHES LINE PLAT PARCEL 001 N P� No�Nc Q S CAVE PC p�ANR�y�R Rp F �o STUMPY LAKE r. �r - --------- 300 600 'F�o 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 46 ITEM— VI.J.2 ORDINANCESIRESOL UTIONS ITEM#75413 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT, Ordinance to GRANT thirteen (13) Franchise Agreements for Outdoor Cafes in the Resort Area: a. Dunes Investment Association, LLC, t/a The Dunes Cafe re boardwalk cafe b. Seda Inc. t/a 21 st 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 Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M.Henley,David Hutcheson, Robert W "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Chris Taylor *Council Member Remick filed a disclosure for 1. Gold Key/PHR Food Services,LLC, da Tortugas Cafe and Tiki Bar re boardwalk cafe March 19, 2024 a �B ��. cy City of Virgiriia Beach r GF Quit 1%4 a ROBERT W.'WORTH'REMICK CELL:(757)840-5855 COUNCIL MEMBER EMAIL DISTRICT 6 -- File No. 0087001 March 5, 2024 Mrs. Amanda Barnes City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Virginia Code § 2.2-3115(I) Dear Mrs. Barnes: Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3115(l), Code of Virginia, I make the following declarations: 1. I am executing this written disclosure regarding an ordinance granting thirteen franchise agreements for outdoor cafes in the Resort Area. One of the franchise applicants is Gold Key/PHR Food Services, LLC,("Gold Key")trading as Tortugas Cafe and Tike Bar, for a boardwalk cafe. 2. Gold Key may be an affiliated entity of Hi-Sea Office, LLC. Hi-Sea Office, LLC, owns the Sidney Kellam Building,and Colliers is the leasing agent for office space therein. 3. I have a personal interest in Colliers International Virginia, LLC, because I am an employee of the firm, and its address is 150 West Main Street,Suite 1100,Norfolk, Virginia 23510. 3. The City Attorney's Office has advised me that because I do not personally provide services to Hi-Sea Office, LLC, the Act provides that I may participate in the City Council's discussion and vote on the cafe franchise upon disclosure of these facts. 4. I hereby disclose the facts above and declare that I am able to participate in this transaction fairly,objectively, and in the public interest. I respectfully request that you record this declaration in the official records of the City Council. Thank you for your assistance in this matter. 2401 COURTHOUSE DRIVE,SUITE 2116,VIRGINIA BEACH,VIRGINIA 23456 Mrs.Amanda Barnes -2- March 5,2024 Re: Disclosure Pursuant to Virginia Code§2.2-3115(I) Sincerely, Worth Remick Councilmember RWR/RRI 1 AN ORDINANCE GRANTING THIRTEEN 2 FRANCHISE AGREEMENTS FOR OUTDOOR 3 CAFES 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 caf6 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 Caf6, for a boardwalk 25 cafe; and 2) Seda Inc., t/a 2111 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 caf6; 4) Baja Tacos, Inc., t/a Baja Cantina Cafe, for a sidewalk caf6; 5) Chix 33 Sea Grille, LLC, t/a Chix Cafe, for a boardwalk cafe; 6) Fish-N-Bones, Inc., t/a Fish 34 Bones Cafe, for a boardwalk caf6; 7) Dandrea, LLC, t/a II Giardino Cafe, for a sidewalk 35 caf6; 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 Caf6 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 caf6 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 cafu6; 2) Colonial 52 Inn VB, LLC, t/a 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 Caf6, for a 58 sidewalk cafe; 10) Gold Key/PHR Food Services, LLC, t/a Tortugas Cafe and Tiki Bar, 59 for a boardwalk caf6; and 11) Dunes Investment Associates, LLC, t/a Station 10 Caf6, 60 for a boardwalk cafe. 61 Adopted by the City Council of Virginia Beach, Virginia on this 19 t hday of March 32024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Resrrt Manage nt City Attorney's Office `� S f31oa*IC7 CA16420 R-2 February 29, 2024 47 ITEM— VI.J.3 ORDINANCESIRESOL UTIONS ITEM#75414 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council DEFERRED INDEFINITELY, BY CONSENT, Resolution to ESTABLISH a Stormwater Management Implementation Advisory Group(Requested by Mayor Dyer and Council Member Schulman)—Deferred from March 5, 2024(SPONSORS REQUEST DEFERRAL) Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara M. Henley,David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Chris Taylor March 19, 2024 48 ITEM— VLJ.4 ORDINANCES/RESOLUTIONS ITEM#75415 The following registered to speak.- Patricia Dulka, 656 Presidential Boulevard, Phone: 525-4462, did not respond Danna Cullen, 203 64`h Street, Phone: 305-3541, spoke in SUPPORT Upon motion by Council Member Berlucchi, seconded by Council Member Remick, City Council ADOPTED Resolution to PROVIDE direction to the City Manager on the use offunds in Capital Project #100629, "Sports Tourism Infrastructure," and PROVIDE direction to the City Manager to create options re dedicated funding source for Arts and Culture using existing funding dedications(Requested by Council Members Berlucchi, Ross-Hammond, Rouse, Remick, and Schulman) Voting: 9-1 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, David Hutcheson, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. `Joash"Schulman, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Voting Nay: Barbara M. Henley Council Members Absent: Chris Taylor March 19, 2024 REQUESTED BY COUNCILMEMBERS BERLUCCHI, ROSS-HAMMOND, ROUSE, REMICK, AND SCHULMAN 1 A RESOLUTION TO PROVIDE DIRECTION TO 2 THE CITY MANAGER ON THE USE OF FUNDS IN 3 CAPITAL PROJECT #100629, "SPORTS 4 TOURISM INFRASTRUCTURE," AND TO 5 PROVIDE DIRECTION TO THE CITY MANAGER 6 TO CREATE OPTIONS FOR A DEDICATED 7 FUNDING SOURCE FOR ARTS AND CULTURE 8 USING EXISTING FUNDING DEDICATIONS 9 10 WHEREAS, Capital Project #100629, "Sports Tourism Infrastructure," uses 11 revenues from the Tourism Investment Program (TIP) Fund to support sports tourism 12 opportunities through the upgrade or renovation of existing facilities such as the Virginia 13 Beach SportsPlex, Princess Anne Athletic Complex, Hampton Roads Soccer Complex, 14 and Pickleball Virginia Beach; 15 16 WHEREAS, Project #100629 has funding currently appropriated at $6,921 ,100, 17 and the FY2024 Capital Improvement Program had planned for FY2025 to provide an 18 additional $12.6 million; 19 20 WHEREAS, the City Council was provided two recommendations for allocation of 21 $18,500,000 in Project#100629; 22 23 WHEREAS, this resolution provides direction to the City Manager to pursue the 24 second option, which provides funding to all four of the facilities noted above in the 25 following amounts: 26 1 . Pickleball Virginia Beach - $2,101 ,000 27 2. VB SportsPlex and Field Hockey Training Center - $3,138,500 28 3. Princess Anne Athletic Complex - $3,259,500 29 4. Hampton Roads Soccer Complex - $10,000,000 30 31 WHEREAS, the residents and visitors of the City, in addition to enjoying sports, 32 recognize and appreciate arts and culture, which brings a vibrancy to life in the City; 33 34 WHEREAS, to support the arts and culture community, the City should have 35 dedicated funding that nourishes and sustains arts and culture; 36 37 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 38 OF VIRGINIA BEACH, VIRGINIA, THAT 39 40 1 . The City Manager is hereby directed to pursue the distribution of Capital Project 41 #100629 following the second option presented to the City Council, which is 42 summarized above. To the extent funding is conditioned upon appropriation in 43 Fiscal Year 2025, the City Manager shall include a condition in any funding 44 agreement that preserves the City Council's legislative prerogative to make 45 appropriation decisions. The City Manager and the City Attorney are to develop 46 funding agreements with the City's partners for these facilities that incorporate 47 the best practices in operating contracts that were recommended to the City 48 Council by Victus Advisors. 49 50 2. The City Manager is hereby directed to create options for establishing a 51 dedicated funding source for arts and culture from existing funding dedications, 52 excluding the General Fund. The City Manager is to provide these options to 53 the City Council for its consideration within 20 days of the adoption of this 54 Resolution. The City Manager shall thereafter allot time for the discussion of 55 the dedicated funding options at a subsequent Informal or Workshop Session. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 19 t h dayof March 2024. APPROVED AS TO LEGAL SUFFICIENCY: C ty A orney's Office CA16458 R-1 March 7, 2024 Recommended Sports Tourism CIP Fund Distribution if City Prefers to Contribute to All Four Venues Pickleball Virginia Beach: Immediate & Short-Term CourtNenue Needs $402,000 Championship Court Improvements $1,700,000 11% Pickleball - Total: $2,102,000 VB Sportsplex & Field Hockey Training Center: Replace Grass with 2 Artificial/Lighted Fields $2,311,000 Flatten Berm & Create Grass Training Area $102,500 Install New Lights on Field 2 $725,000 17% Sportsplex - Total: $3,138,500 Princess Anne Athletic Complex: Convert 2 Multi-Use Grass Fields to Artificial/Lights $3,259,500 18% PAAC - Total: $3,259,500 Hampton Roads Soccer Complex: Resurface Existing Artificial Turf (2) $1,000,000 _Six (6) New Artificial Turf Fields with Lights _ $9,000,000 54% Soccer - Total: $10,000,000 TOTAL INVESTMENT AMOUNT: $18,500,000 100% 14 49 ITEM— VI.J.5 ORDINANCESIRESOL UTIONS ITEM#75416 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT, Ordinance to AMEND City Code Sections 23-2.1, 23-17, and 23-18.1 re curfews and other restrictions and regulations during civil commotion to be consistent with state law Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M.Henley,David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Chris Taylor March 19, 2024 1 AN ORDINANCE TO AMEND SECTIONS 23- 2 2.1, 23-17, AND 23-18.1 OF THE CITY CODE 3 PERTAINING TO CURFEWS AND OTHER 4 RESTRICTIONS AND REGULATIONS 5 DURING CIVIL COMMOTION 6 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 That Sections 23-2.1, 23-17, and 23-18.1 of the Code of the City of Virginia Beach, 12 Virginia, are hereby amended and reordained to read as follows: 13 14 15 16 �gRee 17 18 ' 19 (b) As used in this seGtien: 20 " 21 22 23 tirne6 of the day e 24 25 " 26 27 GatastFophe resulting iR damage, haFdsh*p, suffe4F4g oF possible less of � life; 28 a 29 ' 30 31 damage Of PFOPeFty OF 4�UFy to persORS in the United States, and may be b 32 33 34 35 36 37 38 39 40 prepaFednes6, 41 42 OD 00 -4 -4 -4 -4 -4 -4 -4 -4 -4 --4 0) 0) 0) C) 0) 0) 0) 0) M 0) CYI CP Cyl (n Cn 01 Cn Cn Cn al --ph- -P' -P' -D' �' �� �' C:) (D 00 �4 0) Cn ;�L W p%j C:) CID Co �4 0) cyl p. co K.) C:) (D oo -4 0) cyi .4. W K) 0 C.0 00 -4 0) Cn 4�L W 1.13 > 82 Sec. 23-2.1. Regulation or restrictions 83 curfews. of persons and vehicles by the police chief,• 84 (a) The police chief may regulate restrict or prohibit any assembly of persons or the 85 movement of persons or vehicles if there exists an imminent threat of any civil 86 commotion or disturbance in the nature of a riot which constitutes a clear and present 87 danger. 88 (b) Any such regulations or restriction may include a curfew declared by the police chief 89 with the concurrence of the city manager and the mayor. A declaration of curfew 90 shall be issued in accordance with the following: 91 (1) The declaration authorizing the curfew shall provide for reasonable efforts to 92 inform the public in advance of the curfew. 93 (2) The declaration shall specify the hours of the curfew and the geographic area 94 to which the curfew applies. 95 (3) The curfew shall be valid for no more than twenty-four(24) hours 96 (4) The curfew shall not be extended or renewed unless by recorded vote of the 97 City Council or by judicial order. 98 (5) The curfew shall contain exceptions for: 99 a. Any person traveling to or from home work or a place of worship: 100 b. Medical personnel,• 101 c. Members of the press-, 102 d. Federal, state, and local employees and volunteers engaged in official 103 business. includinq emergency response, 104 e. Military personnel, including but not limited to National Guard troops 105 f. Travel to or from public meetings of the local governing body' 106 g. Persons seeking emergency services or fleeing any emergency or danger 107 or acting to save other persons from an emergency or danger: and 108 h. Persons who are incapacitated or who are seeking medical care for 109 themselves or others. 110 (6) In such circumstances the City Council may convene immediately in a special 111 meeting and enact an emergency ordinance or ordinances including an 112 extension or renewal of a curfew, for such purposes notwithstanding any 113 contrary provisions in the City Charter or the -general law 114 (c) It shall be unlawful and a Class 1 misdemeanor for any person to violate any 115 regulation, restriction or curfew imposed pursuant to this section 116 . . . . 117 Sec. 23-17. Riots and unlawful assemblies—What constitutes. 118 (a) For the purposes of this chapter, any unlawful use, by 119 three (3) or more persons acting together, of force or violence which seriously 120 jeopardizes the public safety, peace or order is a riot. 121 (b) For the purposes of this chapter, whenever three (3) 122 or more persons assembled share the common intent to advance some lawful or 123 unlawful purpose by the commission of an act or acts of unlawful force or violence 124 likely to jeopardize seriously public safety, peace or order, and the assembly actually 125 tends to inspire persons of ordinary courage with well-grounded fear of serious and 126 immediate breaches of public safety, peace or order, then such assembly is an 127 unlawful assembly. 128 . . . . 129 Sec. 23-18.1. Same—Establishing police lines, perimeters, or barricades. 130 131 (a) When riots crimes or other emergency situations that may endanger life, limb, or 132 property may cause persons to collect on public streets parking lots or other public 133 areas the police chief or his designee may establish one or more secure areas, 134 zones or perimeters using police lines or barricades as are reasonably necessary 135 to (i) preserve the integrity of evidence at such scenes (ii) facilitate the movement 136 of vehicular and pedestrian traffic into out of and around the scene, (iii) permit 137 public safety personnel to perform necessary operations unimpeded, and (iv) protect 138 persons and property. Such a police line or barricade may be used to secure such 139 an area no longer than is reasonably necessary. 140 , upon his detepminatiOR that there exists an immineRt thFeat ef 141 142 danger to the publiG safety, may FestFirA or regulate the movement of peF6GRs and 143 144 145 (b) Any police line or barricade erected pursuant to this code shall be clearly identified 146 by wording such as "Police Line — DO NOT CROSS" or other similar wording. If 147 material or equipment is not available for identifying the prohibited area, then a 148 verbal warning by an identifiable law-enforcement officer positioned to indicate a 149 location of a police line or barricade shall be given to any person or persons 150 attempting to cross police lines or barricades without proper authorization. 151 152 having been laMully warned not te do so, shall be guilty of lass 3 mdsdemeaROF. 153 (c) Personnel from information services such as press radio and television. when 154 gathering news shall be exempt from the provisions of this section except that it 155 shall be unlawful for such persons to obstruct the law-enforcement officers, 156 firefighters or emergency medical services personnel in the performance of their 157 duties at such scene Information services personnel shall proceed at their own risk. 158 (d) It shall be unlawful and a Class 3 misdemeanor for any person to cross or remain 159 within police lines or barricades which have been established pursuant to this 160 section without proper authorization. 161 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 19 t h day of March 2024 APPROV D S TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY-. Police D t artment City Attorney's Office CA16209 R-3 March 8, 2024 50 ITEM— VI.J.6 ORDINANCESIRESOL UTIONS ITEM#75417 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT, Resolution to PETITION the Commonwealth of Virginia re convey certain real property to the City Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M.Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Chris Taylor March 19, 2024 4 1 RESOLUTION PETITIONING THE COMMONWEALTH 2 OF VIRGINIA TO CONVEY CERTAIN REAL 3 PROPERTY TO THE CITY OF VIRGINIA BEACH 4 5 WHEREAS, the Commonwealth of Virginia (the "Commonwealth") acquired 6 parcels of real property located in the City of 'Virginia Beach (the "City") for the 7 construction, reconstruction, alteration, maintenance and repair of Interstate 264 as part 8 of VDOT Project Number 0264-134-102, RW-201 (the "VDOT Project"); 9 10 WHEREAS, all aspects of the VDOT Project are complete and portions of the 11 parcels acquired by the Commonwealth were not utilized for the VDOT Project, including 12 one parcel consisting of 37,784+/- sq. ft. (GPIN: 1467-72-5465) and two residual parcels 13 consisting of 13,695+/- sq. ft. (no GPIN assigned) (collectively, the "Residual Property"), 14 as shown on VDOT Project Plan Sheet nos. 10, 10RW, 11, 11 RW, 11 F, 11 F RW(1) and 15 11 F RW(2), attached hereto as Exhibit A and incorporated herein; 16 17 WHEREAS, title to the Residual Property remains vested in the Commonwealth; 18 19 WHEREAS, the City is constructing the Kemps Lake Water Quality Improvement 20 Project (CIP 100567) for the design and construction of water quality improvements to 21 Kemps Lake (the "City Project") and the Residual Property is located adjacent to Kemps 22 Lake; 23 24 WHEREAS, the City desires to acquire the Residual Property from the 25 Commonwealth for right-of-way access, laydown area, and construction of the City 26 Project; and 27 28 WHEREAS, City staff and City Council believe it would be in the best interest of 29 the City for the Residual Property to be conveyed to the City. 30 31 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 32 VIRGINIA BEACH, VIRGINIA: 33 34 1. That the City hereby petitions the Commonwealth of Virginia, pursuant to 35 Sections 33.2-907 and 33.2-1001 of the Code of Virginia, as amended, to convey the 36 Residual Property to the City, and to take such other actions as necessary to complete 37 the conveyance of the Residual Property to the City, and upon transfer, the Residual 38 Property shall cease being a part of the State Highway System. 39 40 2. The City Manager, or his authorized designee, is hereby authorized to 41 execute any and all documents to complete the conveyance of title to the Residual 42 Property, so long as said documents contain such terms, conditions and modifications as 43 may be acceptable to the City Manager and in a form deemed satisfactory by the City 44 Attorney. 45 46 Adopted by the Council of the City of Virginia Beach, Virginia, on the 19th day 47 of March , 2024. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: AN P BL C WOR S, REAL ESTATE CA16263 \\vbgov.com\dfs1\applications\citylaw\cycom32\wpdocs\d022\p055\00947452.docx R-1 February 27, 2024 PAC.PLANS & THESE RE PLANS ARE UNFINISHEDR.4 VX 264 ANO NOT TO BE tMO FOR CONSTRUCTION, ft.N eamo 10 mNsrncllm -c 4 Aw, ��O" V , Y Q--NT 0� Zr4 0" 0 I o ice. Pox.A AsWo" 0 0 141. ----------- -- ----- C.W ------------------------------------- I DENOTES"0'*0-5 U�WEO AICESS SF, GEOGWES DRANAGE EASEMENT PFORPEROANE -- - ------------------= [Sowed EX0.- -----P..-f DE ES rfMANY S. Sfd.GR-9 EASEMENT SVEWALK EASEMENT �l A Lemp --------- ~.rNO INGRESS/EGRESS EASEMENT ZLI sracs4 nf&a EdO.F— px sTacu-i REaa k Wsmc�r RE= WE E-U" w R, STaC"TYPE AREaX t ASE WWr V5 sracrae TYPE amrao SrOM2 TYPE C .. ............. sraCr,12�PE W= A• �% AWYAW, CA sracoqp rypE SrOLUS4A REM =&EC Rae. N srams4mora -,MOVE, d.. BaRr. 034 wox P. no. 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O AF■ 0264-IJ4•l02 IIfAWl21 51 ITEM— VI.J.7 ORDINANCES/RESOL UTIONS ITEM#75418 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT,Resolution to APPROVE a Settlement Agreement with The Adventure Park at Virginia Beach, LLC re unauthorized tree removal and to APPROPRIATE the first installment payment to Parks and Recreation—Tree Mitigation Fund Voting: 10-0 Council Members Voting Aye: Michael F.Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,David Hutcheson, Robert W "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. `Joash" Schulman, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Chris Taylor March 19, 2024 1 A RESOLUTION TO APPROVE A SETTLEMENT 2 AGREEMENT WITH THE ADVENTURE PARK AT 3 VIRGINIA BEACH, LLC, REGARDING 4 UNAUTHORIZED TREE REMOVAL AND TO 5 APPROPRIATE THE FIRST INSTALLMENT PAYMENT 6 7 WHEREAS, The Adventure Park at Virginia Beach, LLC, ("Tenant") leases certain 8 City property under the control of the Virginia Aquarium and Marine Science Foundation; 9 10 WHEREAS, in preparing the leased property for improvements to create Phase II 11 of the Adventure Park, the Tenant prematurely and without obtaining the necessary 12 approvals and permits retained a contractor to remove trees from the leased property; 13 14 WHEREAS, the City and the Tenant have come to a proposed settlement that is 15 generally as follows: 16 17 a. Tenant to plant 175 new trees on the parcel where Phase II of the Adventure 18 Park will be located; and 19 20 b. Tenant to pay the City $86,355 over four installments to allow the City to further 21 mitigate the tree loss with offsite tree planting. 22 23 WHEREAS, based upon the negotiated settlement, the parties desire and intend 24 to resolve and settle all claims by and between them; 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 That the City Council hereby approves a settlement agreement consistent with the 30 terms recited above. 31 32 BE IT FURTHER RESOLVED, THAT: 33 34 The City Manager and the City Attorney are hereby authorized and directed to 35 undertake any action consistent with the Council's approval of such settlement 36 agreement. 37 38 BE IT FURTHER RESOLVED, THAT: 39 40 For the installment due in the current fiscal year, $15,000 is hereby appropriated 41 to the Tree Mitigation Fund in the Department of Parks and Recreation. Adopted by the Council of the City of Virginia Beach, Virginia on the 19th day of March , 2024. Requires an affirmative vote by a majority of all of the members of the City Council. APPROVED AS TO CONTENT: APPR AS TO LEGAL SUFFICIENCY: Bud g t and Management Services is e ity Attorney CA16457 R-1 March 7, 2024 52 ITEM— VLJ8 ORDINANCESIRESOL UTIONS ITEM#75419 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT, Ordinance to 1) AUTHORIZE acquisition of(a) 7.1 f acres of land at the intersection of Wolfsnare Road and Great Neck Road; (b)0.18f acres of land at Half Place; (c) 0.17f acres of land at the intersection of Chadwick Drive and Cambridge Drive from Lynnhaven Area Properties, LLC and Washington Square Townhouses,LLC;and 2)AUTHORIZE the City Manager to EXECUTE all necessary documents re the acquisition and the settlement of pending litigation Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. `Joash" Schulman, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Chris Taylor March 19, 2024 1 AN ORDINANCE TO 1) AUTHORIZE ACQUISITION 2 OF (A) 7.1± ACRES OF LAND LOCATED AT THE 3 INTERSECTION OF WOLFSNARE ROAD AND 4 GREAT NECK ROAD (GPINS: 2407-09-6257, 2407- 5 09-2464, 2407-09-4435, 2407-09-5412); (B) 0.18± 6 ACRES OF LAND LOCATED AT HALF PLACE 7 (GPIN: 2407-19-4539); AND (C) 0.17± ACRES OF s LAND LOCATED AT THE INTERSECTION OF 9 CHADWICK DRIVE AND CAMBRIDGE DRIVE 10 (GPIN: 2407-19-8383) FROM LYNNHAVEN AREA 11 PROPERTIES, LLC AND WASHINGTON SQUARE 12 TOWNHOUSES, LLC; AND 2) AUTHORIZE THE 13 CITY MANAGER TO EXECUTE ALL NECESSARY 14 DOCUMENTS FOR THE ACQUISITION AND THE 15 SETTLEMENT OF PENDING LITIGATION 16 17 WHEREAS, Lynnhaven Area Properties, LLC and Washington Square Townhouses, 18 LLC (collectively, the "Seller") are related entities that own four parcels of land located at 19 the intersection of Wolfsnare Road and Great Neck Road and comprising 7.1± acres as 20 further described on Exhibit A, attached hereto and incorporated herein (the "Park 21 Parcels"); 22 23 WHEREAS, Seller, in its capacity as Washington Square Townhouses, LLC, owns 24 two vacant parcels in the Washington Square subdivision: (1) 0.18± acres of land at Half 25 Place; and (2) 0.17± acres of land at the intersection of Chadwick Drive and Cambridge 26 Drive, as further described on Exhibit A (the "Lots"); 27 28 WHEREAS, Seller initiated litigation against the City concerning the development 29 potential of one of the Park Parcels (the "Litigation"); 30 31 WHEREAS, as part of a proposed resolution of the Litigation, Seller will convey the 32 Park Parcels and the Lots to the City (collectively, the Park Parcels and the Lots are 33 referenced herein as the "Properties"); 34 35 WHEREAS, the Parties have agreed to the terms of a "Settlement and Release and 36 Agreement for Purchase" (the "Settlement Agreement"), which includes Seller conveying 37 the Properties to the City for $1,500,000, in accordance with the Summary of Terms 38 attached hereto as Exhibit B and incorporated herein; 39 40 WHEREAS, the purchase of the Properties will provide public outdoor recreational 41 opportunities and park space within a ten-minute walk time to adjacent residents; 42 43 WHEREAS, funding for the acquisition is available in Open Space Acquisition IV 44 Project, CIP 100641; and 45 46 WHEREAS, the Open Space Advisory Committee supports the City's acquisition of 47 the Properties; and 48 49 WHEREAS,the City Council finds that It is in the best interests of the City to acquire so the Properties and to take other action in accordance with the Settlement Agreement. 51 52 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 53 VIRGINIA: 54 55 1. That the City Council authorizes the acquisition of the Properties described on 56 Exhibit A. 57 Be 2. That the City Manager or his designee is further authorized to execute all 59 documents that may be necessary or appropriate in connection with the purchase of the 60 Properties and the settlement of the Litigation, in accordance with the Summary of Terms 61 attached hereto as Exhibit B,and including such other terms,conditions and modifications 62 as may be acceptable to the City Manager and in a form deemed satisfactory by the City 63 Attomey. 64 65 Adopted by the Council of the City of Virginia Beach, Virginia, on the 19 t h day 66 of March 2024. 67 CA15203 R-1 PREPARED: 2/29/24 APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: \-% ( ,Pei -� M1 W ff-]"� IC WORKS, REAL ESTATE PAW AND R REATION APPROVED AS TO AVAILABILITY APPROVED AS TO LEGAL OF FUNDS: SUFFICIENCY AND FORM: FINANCE CITY rO EY EXHIBIT "A" Legal Description Parcel I, Parcel 5, and Parcel 6 are owned by Washington Square Townhouses, LLC. Parcel 2 and Parcel 3 are owned by Lynnhaven Area Properties, LLC.. Parcel 4 is owned by both Lynnhaven Area Properties, LLC and Washington Square Townhouses, LLC as a result of a street closure. Parcel 1 (GPIN: 2407-09-6257): ALL THAT certain lot, piece and parcel of land, together with the improvements thereunto belonging, lying, being and situate in the City of Virginia Beach, Virginia and being known, designated and described as "now or formerly Lynnhaven Building Supply (D.B. 823, P. 492) GPIN 2407-09-6257" as shown on that certain plat entitled, "PLAT SHOWING A PORTION OF OLD WOLFSNARE ROAD TO BE CLOSED AND VACATED BY THE CITY OF VIRGINIA BEACH, VIRGINIA LYNNHAVEN BOROUGH - VIRGINIA BEACH, VIRGINIA" Scale: I"= 40', dated February 27, 1981, prepared by Rouse- Sirine Associates, Ltd., which was recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach as Instrument Number 201600016543, to which reference is made for a more particular description. Parcel 2 (GPIN: 2407-09-2464): ALL THAT certain lot, piece and parcel of land, together with the improvements thereunto belonging, lying, being and situate in the City of Virginia Beach, Virginia and being known, designated and described as "NOW OR FORMERLY F. WAYNE MCLESKEY, JR. (D.B. 1486, P. 203)" as shown on that certain plat entitled, "PLAT SHOWING A PORTION OF OLD WOLFSNARE ROAD TO BE CLOSED AND VACATED BY THE CITY OF VIRGINIA BEACH, VIRGINIA LYNNHAVEN BOROUGH - VIRGINIA BEACH, VIRGINIA" Scale: I"= 40', dated February 27, 1981, prepared by Rouse - Sirine Associates, Ltd., which was recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach as Instrument Number 201600016543, to which reference is made for a more particular description. Description. RESERVING UNTO THE LANDOWNER, its successors and assigns, an approximately 1,565 square foot sign, access, and maintenance easement, together with improvements thereon, in the location more particularly described as "VARIABLE WIDTH SIGN ACCESS AND MAINTENANCE EASEMENT AREA= 1,565 S.F. OR 0.03593 AC (SEE NOTE 6)," (collectively, the "Easement") on the plat entitled "PLAT SHOWING PROPERTY TO BE ACQUIRED TRACTS A, B, C & D FROM LYNNHAVEN AREA PROPERTIES BY CITY OF VIRGINIA BEACH," and dated March 8, 2023. The following terms apply to the Easement: (1)the Easement shall allow the Landowner to own, maintain, and repair that certain existing wooden sign (the "Sign") located on the Easement; (2) the Sign is and shall remain subject to all applicable state, federal and local laws, ordinances, permits, variances, or regulations; (3) Landowner shall bear all liability and responsibility for the sign and shall maintain it in a manner that it does not become unsightly or a hazard; and (4) in the event of any casualty or other damage or destruction to all or any portion of the Sign, and provided that Landowner can obtain approvals to rebuild or replace the nonconforming Sign pursuant to applicable state, federal, and local laws, ordinances, permits, variances, or regulations, including but not limited to, approval(s) from the Virginia Beach City Council, Landowner shall have the right to rebuild and replace the Sign. Parcel 3 (GPIN: 2407-09-4435): ALL THAT certain lot, piece and parcel of land, together with the improvements thereunto belonging, lying, being and situate in the City of Virginia Beach, Virginia and being known, designated and described as "LOT 4 SUBDIVISION OF PROPERTY OF ALLEN E. PERREL (M.B. 110, P. 48) NOW OR FORMERLY F. WAYNE MCLESKEY, JR. (D.B. 1623, P. 744) GPIN 2407-09-4435" as shown on that certain plat entitled, "PLAT SHOWING A PORTION OF OLD WOLFSNARE ROAD TO BE CLOSED AND VACATED BY THE CITY OF VIRGINIA BEACH, VIRGINIA LYNNHAVEN BOROUGH - VIRGINIA BEACH, VIRGINIA" Scale: 1"= 40', dated February 27, 1981, prepared by Rouse- Sirine Associates, Ltd., which was recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach as Instrument Number 201600016543, to which reference is made for a more particular description. Parcel 4 (GPIN: 2407-09-5412): ALL THAT certain lot, piece and parcel of land, together with the improvements thereunto belonging, lying, being and situate in the City of Virginia Beach, Virginia and being known, designated and described as "OLD WOLFSNARE ROAD TO BE CLOSED AND VACATED AREA - 19,365 SQUARE FEET (INCLUDING PERMANENT DRAINAGE EASEMENT) GPIN 2407-09-5412" as shown on that certain plat entitled, "PLAT SHOWING A PORTION OF OLD WOLFSNARE ROAD TO BE CLOSED AND VACATED BY THE CITY OF VIRGINIA BEACH, VIRGINIA LYNNHAVEN BOROUGH - VIRGINIA BEACH, VIRGINIA" Scale: I"= 40', dated February 27, 1981, prepared by Rouse - Sirine Associates, Ltd., which was recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach as Instrument Number 201600016543, to which reference is made for a more particular description. Parcel 5 (GPIN: 2407-19-4539): ALL THAT certain lot, piece and parcel of land, together with the improvements thereunto belonging, lying, being and situate in the City of Virginia Beach, Virginia and being known, designated and described as "PARCEL A" as shown on that certain plat entitled, "PLAT OF SUBDIVISION OF WASHINGTON SQUARE BLOCKS D, F & G SECTION I L YNNHAVEN BOROUGH VIRGINIA BEACH, VIRGINIA," Scale: I"= 100', dated March 9, 1971, prepared by Talbot, Wermers, and Standing, Ltd., which was recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach in Map Book 86, at page 17, to which reference is made for a more particular description. Parcel 6 (GPIN: 2407-19-8383): ALL THAT certain lot, piece and parcel of land, together with the improvements thereunto belonging, lying, being and situate in the City of Virginia Beach, Virginia and being known, designated and described as "PARCEL 'B' AREA= 0.174 ACRES" as shown on that certain plat entitled, "PLAT OF SUBDIVISION OF WASHINGTON SQUARE BLOCKS I, J & K SECTION 2 LYNNHAVEN BOROUGH VA. BEACH, VA," Scale: I" = 50', dated December 29, 1971, prepared by Talbot, Wermers, and Standing, Ltd., which was recorded in the Clerk's Office of the Circuit court of the City of Virginia Beach in Map Book 93, at page 16, to which reference is made for a more particular description. AS TO PARCEL 2, PARCEL 3, AND PARCEL 4 ABOVE, TOGETHER WITH all right, title and interest of Lynnhaven Area Properties, LLC, if any, 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 above-described parcels. AS TO PARCEL 1, PARCEL 4, PARCEL 5 AND PARCEL 6, TOGETHER WITH all right, title and interest of Washington Square Townhouses, LLC, if any, 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 above-described parcels. EXHIBIT "B" SUMMARY OF TERMS OF SETTLEMENT AND AGREEMENT FOR PURCHASE PARTIES: Lynnhaven Area Properties, LLC and Washington Square Townhouses, LLC (collectively, "Seller") City of Virginia Beach ("City") PROPERTIES: Approximately 7.1 acres of land located at the intersection of Wolfsnare Road and Great Neck Road (GPINs: 2407-09- 6257, 2407-09-2464, 2407-09-4435, 2407-09-5412); and Two parcels of land in the Washington Square subdivision: (1) 0.18 acres of land located at Half Place (GPIN: 2407-19- 4539); and (2) 0.17± acres of land located at the intersection of Chadwick Drive and Cambridge Drive (GPIN: 2407-19- 8383) CONSIDERATION: $1,500,000 and settlement of pending litigation SOURCE OF FUNDS: Open Space Acquisition IV Project, CIP 100641 ADDITIONAL TERMS: The Parties shall execute and abide by the terms contained in the Settlement and Release and Agreement for Purchase ("Settlement Agreement"), delivered to the City Attorney's Office on February 28, 2024, a copy of which is attached hereto as Attachment B-1 and incorporated herein, and confirm the satisfaction of all contingencies stated in the Settlement Agreement prior to closing. Pertinent terms of the Settlement Agreement include: • City shall have a sixty (60) day study period. • Properties must be conveyed free and clear of all liens, leases, and tenancies and rights of possession of any and all parties other than the City. • Settlement will be within 90 days of full execution of the Settlement Agreement, or as soon thereafter as is practicable. • City shall bear the costs of preparation of closing documents and acquisition plats. Seller shall pay its own attorney's fees and costs, if any. • Seller reserves an easement for an existing sign on the parcel with GPIN 2407- 09-2464. Existing restrictions as to the sign will not be affected by the Settlement Agreement or the conveyance of the Properties. • Within three (3) business days of closing, the Parties shall submit an Agreed Order of Dismissal, with prejudice, for the pending litigation. Properties at Wolfsnare Road and Great Neck Road Open Space&Park Infrastructure Development& Maintenance II Project, CIP#100641 SETTLEMENT AND RELEASE AND AGREEMENT FOR PURCHASE THIS SETTLEMENT AND RELEASE AND AGREEMENT FOR PURCHASE ("Agreement"), effective as of this day of February, 2024, is entered into by and between LYNNHAVEN AREA PROPERTIES, LLC, a Virginia limited liability company, and its successors and assigns ("Lynnhaven"), and WASHINGTON SQUARE TOWNHOUSES,LLC, a Virginia limited liability company, and its successors and assigns ("Washington Square") (Lynnhaven and Washington Square are collectively, the "Seller"), and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the "W') (the Seller and the City are collectively referred to in this Agreement as, the "Parties," or individually as. a "Party"). RECITALS 1. Washington Square owns approximately 3.3 acres of real property situated near the intersection of Wolfsnare Road and Westminster Lane in Virginia Beach, Virginia, identified as Parcel 1 on Exhibit A attached hereto(GPIN: 2407-09-6257),and also shown as Tract "D"on Plat No. 1 (defined below) attached hereto as Exhibit B("Parcel I"). 2. Lynnhaven believed that it was the owner of Parcel 1, and initiated a dispute with the City as to the development potential of Parcel 1, and such dispute resulted in an appeal filed by Lynnhaven against the Board of Zoning Appeals of the City of Virginia Beach under Case No. CL20-2018 in the Circuit Court of the City of Virginia Beach (the "Litigation"). 3. Lynnhaven, Washington Square, and the City have agreed to a resolution of the Litigation to include: 1 a. the City's purchase of Parcel 1 from Washington Square; b. the City's purchase of additional property in the vicinity of Parcel 1 and owned by Lynnhaven, to-wit: i. that certain parcel of real property identified as Parcel 2 on Exhibit A attached hereto(GPIN:2407-09-2464),and also shown as Tract"A"on Plat No. 1 attached hereto as Exhibit B ("Parcel 2"), subject to Lynnhaven reserving to itself,its successors and assigns,an approximately 1,565 square foot sign, access, and maintenance easement, in the location more particularly described as "VARIABLE WIDTH SIGN ACCESS & MAINTENANCE EASEMENT TO BE RESERVED, AREA = 1,565 SQ. FT.OR 0.03593 AC(SEE NOTE 6)"(collectively,the"Easement"),on the plat entitled "PLAT SHOWING PROPERTY TO BE ACQUIRED. TRACTS A,B,C&D FROM LYNNHAVEN AREA PROPERTIES,LLC, & WASHINGTON SQUARE TOWNHOUSES, LLC, BY CITY OF VIRGINIA BEACH FOR OPEN SPACE & PARK INFRASTRUCTURE DEVELOPMENT & MAINTENANCE II PROJECT, CIP 100289," and dated March 8,2023,a copy of which is attached hereto as Exhibit B("Plat No. I"). The following terms apply to the Easement: (1) The Easement shall allow Lynnhaven to own, maintain, and repair that certain wooden sign (the "Si n") located on the Easement; (2) the Sign is and shall remain subject to all applicable state federal, and local laws, ordinances, permits, variances, or regulations; (3) Lynnhaven shall bear all liability and responsibility for the Sign and shall maintain it in a manner that it does not 2 become unsightly or a hazard; and (4) in the event of any casualty or other damage or destruction to all or any portion of the Sign, and provided that Lynnhaven can obtain approvals to rebuild or replace the nonconforming Sign pursuant to applicable state, federal, and local laws, ordinances, permits, variances, or regulations, including but not limited to, approval(s) from the Virginia Beach City Council, Lynnhaven shall have the right to rebuild and replace the Sign. The dimensions of the Easement are depicted on Plat No. 1 attached as Exhibit B hereto and made a part hereof. Notwithstanding the foregoing or anything herein to the contrary, in the event Lynnhaven desires to take any action following Closing (defined in Section 6 below) that requires governmental consent or approval with respect to the Sign and/or Parcel 2 (including without limitation, any application for rezoning of Parcel 2 and any proposed repair or replacement of the Sign beyond that allowed by right, if any, by virtue of the Sign's status as a lawful non-conforming use),the City,as the then owner of Parcel 2, on behalf of itself and any future owner of Parcel 2, agrees that it will promptly execute and deliver to Lynnhaven or other applicable party any application or similar documents required in connection with any such action or similar matter to allow for proper submission to the governmental entity in accordance with such governmental entity's requirements. Notwithstanding the foregoing, Lynnhaven acknowledges that the City's signature on such application or similar document does not and shall not 3 indicate the City's approval or support of such matter before the appropriate governing body considering such action or matter. ii. that certain parcel of real property identified as Parcel 3 on Exhibit A attached hereto (GPIN: 2407-09-4435), and also shown Tract `B" on Plat No. 1 attached hereto as Exhibit B ("Parcel 3"): iii. Lynnhaven's interest in that certain parcel of real property identified as Parcel 4 on Exhibit A attached hereto (GPIN: 2407-09-5412), and also shown as Tract"C"on Plat No. 1 attached hereto as Exhibit B("Parcel 4"), which is jointly owned with Washington Square (Parcel 2, Parcel 3, and Lynnhaven's interest in Parcel 4 are collectively, the "Lynnhaven Pro a "); and c. the City's purchase of additional property in the vicinity of Parcel l and owned by Washington Square, to-wit: i. Washington Square's interest in Parcel 4. which is jointly owned with Lynnhaven; and ii. that certain parcel of real property identified as Parcel 5 on Exhibit A attached hereto(GPIN:2407-19-4539),and also identified as Parcel"A"on that certain plat entitled "PLAT SHOWING PROPERTY TO BE ACQUIRED PARCEL A FROM WASHINGTON SQUARE TOWNHOUSES, LLC. BY CITY OF VIRGINIA BEACH FOR OPEN SPACE & PARK INFRASTRUCTURE DEVELOPMENT & MAINTENANCE II PROJECT, CIP 100289," dated March 8, 2023, and 4 revised April 20, 2023, a copy of which is attached hereto as Exhibit C ("Plat No.2") ("Parcel 5"); and iii. that certain parcel of real property identified as Parcel 6 on Exhibit A attached hereto (GPIN: 2407-19-8383), and also shown as Parcel `B" on that certain plat entitled "PLAT SHOWING PROPERTY TO BE ACQUIRED PARCEL B FROM WASHINGTON SQUARE TOWNHOUSES, LLC. BY CITY OF VIRGINIA BEACH FOR OPEN SPACE & PARK INFRASTRUCTURE DEVELOPMENT & MAINTENANCE 11 PROJECT, CIP 100289," dated March 8, 2023, and revised April 20, 2023, a copy of which is attached hereto as Exhibit D ("Plat No.3")("Parcel 6")(Parcel 1, Washington Square's interest in Parcel 4, Parcel 5. and Parcel 6 are collectively, the "Washington Square Pro a ") (hereinafter, the Lynnhaven Property and the Washington Square Property are collectively,the"Pro a "). 4. The Parties' agreement to enter into this Agreement is made without prejudice and with no acknowledgement or admission of the validity of the other Party's claims and defenses in the Litigation. 5. Subject to the terms and conditions of this Agreement, and contingent upon Closing the transaction as set forth herein, Lynnhaven, Washington Square, and the City have agreed to compromise and settle any and all past, present and future claims, actions, causes of action, suits, demands, rights, damages, liability, costs, losses of service, loss of access, loss of profits,attorneys' fees,expenses and compensation whatsoever,which Lynnhaven, 5 Washington Square, or the City may have had,now has, or which may hereafter accrue on account of or in any way arising out of or any way related to the Litigation. NOW THEREFORE,the parties covenant and agree,acknowledging the exchange of good and valuable consideration, as follows: 1. Recitals Incorporated.All recitals stated above are hereby incorporated as if fully restated herein. 2. Release Related to the Litigation. a. Effective solely upon the Closing, Seller, for the consideration of payment of the Purchase Price (defined below) and other matters as set forth herein, does hereby and for its heirs, executors, administrators, successors and assigns, release, acquit and forever discharge the City, and its officers, employees, agents, servants, successors, heirs, executors, administrators and all other persons, firms, corporations, associations or partnerships("Releasees"), from any and all liabilities, claims, breaches of contract, disputes,actions,causes of action,demands,rights,damages,costs,loss of service,loss of access,loss of profits, attorney fees, expenses and compensation whatsoever, which Lynnhaven and/or Washington Square may have had,now has,or which may hereafter accrue on account of or in any way arising out of or in any way related to the Litigation and/or Parcel 1 (the "Release"). The foregoing Release is expressly contingent upon the Closing of the transaction as contemplated by this Agreement. In the event this transaction does not close in accordance with its terms, the foregoing Release shall be null and void, and the Litigation shall continue as if this Agreement never occurred. b. It is understood and agreed that this Agreement is the compromise of disputed claims and defenses, and that this Agreement is not to be construed as an admission of liability 6 or concession of a position taken in the Litigation by either Party, and that the City denies liability to Seller,and that Seller denies liability to the City; and this Agreement is intended by the Parties merely to avoid litigation, result in peace, and further the Parties' objectives in the exchange of real property. c. The Parties agree that no further action will be taken to pursue, defend, or otherwise expend resources (monetary or non-monetary) to pursue the Litigation while the transaction contemplated by this Agreement is pending. d. Seller hereby declares and represents that it relies wholly upon its own judgment,belief and knowledge of the claims and defenses in the Litigation, and thus this Release is made without reliance upon any statement or representation of the Party or Parties hereby released or their representatives. e. Seller further declares and represents that, except as otherwise set forth herein, no promise, inducement or agreement not herein expressed has been made to Seller and that the terms of the Release are contractual and not a mere recital. f. No later than three(3)business days after Closing,the Parties agree to submit an agreed order of dismissal, with prejudice, for all claims and defenses raised in or related to the Litigation(the"Dismissal Order")in a form substantially similar to Exhibit E attached hereto and made a part hereof. 3. Suuulementary Documents. All parties to this Agreement agree to execute any and all supplementary documents and to take all actions reasonably required to implement and to give full force and effect to the terms and intent of this Agreement, including (i) such documents necessary for the City to take proper title to the Property as described in this Agreement, (ii) a Dismissal Order submitted to the Circuit Court of the City of Virginia 7 Beach to dismiss the Litigation brought by Lynnhaven against the City with prejudice, and (iii) any application or similar document required in connection with any future action or similar matter requiring governmental consent or approval in connection with the Sign and/or Parcel 2 pursuant to Recital 3(b)(i) above. 4. Binding Intent of Settlement and Release. In executing this Agreement,all Parties assert and affirm that they understand and appreciate the terms of the Agreement and have communicated with legal counsel regarding their respective interest herein, and hereby enter into this Agreement knowingly,competently and of their own free will with the intent to be bound. 5. Authorship. The Parties agree that this Agreement reflects the joint drafting efforts of all Parties. In the event any dispute, disagreement or controversy arises regarding this Agreement, the Parties shall be considered joint authors and no provision shall be interpreted against any Party because of authorship. Each Party also agrees that it is fully informed as to the meaning and intent of this Agreement and has been advised by independent counsel in that regard. 6. Agreement to Purchase the Property. The Parties agree that that for and in consideration of the Purchase Price, and other valuable consideration, including the Release as described in Section 2 above,the receipt and sufficiency of which are hereby acknowledged,the City agrees to buy, and Lynnhaven and Washington Square each agree to sell to the City, as applicable, all its rights and interests in certain real property,pursuant to and in accordance with the following terms and provisions: a. Property. The City agrees to (i) purchase from Lynnhaven, and Lynnhaven agrees to sell to the City, the Lynnhaven Property, by General Warranty Deed, properly 8 executed, acknowledged, and delivered, with usual English covenants of title, and subject to the Permitted Exceptions (defined below), and further subject to the Easement that Seller is reserving pursuant to Recital No. 3(b)(i), together with the appurtenances and improvements thereon, if any, and (ii) purchase from Washington Square, and Washington Square agrees to sell to the City, the Washington Square Property,by General Warranty Deed,properly executed,acknowledged, and delivered, with usual English covenants of title,and subject to the Permitted Exceptions,together with the appurtenances and improvements thereon, if any. b. Purchase Price. The total consideration for the Property is as follows: ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,000.00) in full for the Property (the "Purchase Price"). c. Payment of Purchase Price. The Purchase Price is to be paid by wire transfer of immediately available funds at the time of Closing, as defined below. FIVE THOUSAND AND 00/100 DOLLARS ($5,000.00)of the above consideration will be withheld until the Property has been confirmed that it is vacant and free of waste, debris, and/or hazardous materials. Lynnhaven and Washington Square will timely notify the City Real Estate Agent for the Property to be inspected and accepted. The City Attorney will be notified by the City Real Estate Agent whether to deliver the remaining part of the consideration, and the City Attorney shall promptly cause the release of the remaining part of the consideration. d. Prorations. All rent, interest, taxes, and other appropriate items shall be prorated as of the date of Closing, with Seller responsible for those items up to the Closing Date (defined below), and the City responsible for such items on and after the Closing Date. 9 e. Costs and Expenses. City shall bear the cost of obtaining a title report for the Property and all other closing costs associated with Closing,including but not limited to, all title insurance premiums and its own attorney's fees and costs, and preparation of the Deed(s) and Easement (drafts of which shall be delivered to Seller for review in advance of Closing),and any fees or recording taxes payable by a grantee in connection with recording the Deed(s) and Easement, to the extent City is not exempt from such fees and taxes. City will not bear any costs associated with clearing up or removing liens or encumbrances of title affecting the Property, nor any legal fees or costs of Lynnhaven or Washington Square, including but not limited to, those related to the Litigation. Lynnhaven and Washington Square shall supply affidavits and other documents reasonably required by the City's title insurance company for the issuance of a policy of insurance. f.Conditions Precedent. 1. The obligations of the City to close the transactions contemplated by this Agreement and to pay the Purchase Price are conditioned upon and subject to the satisfaction on or before Closing(or waiver by City)of each of the following conditions: a. The representations and warranties of Seller contained in this Agreement shall be true, complete and accurate on and as of the date hereof and the date of Closing in all material respects, as if the same were made on and as of such date. b. All covenants and obligations of Seller required in this Agreement to be performed on or before the date of Closing have been timely and duly 10 performed in all material respects. c. Title to the Property shall be good and marketable, and subject to no liens, encumbrances, leases, licenses, rights of occupancy, security interests, restrictions, rights of way, easements or encroachments other than the Permitted Exceptions, and the City's title company shall be prepared to issue, at its standard premium rates, a title insurance policy satisfactory to City insuring the title to the Property in the amount of the Purchase Price or such lesser amount as the City may determine. d. Both Lynnhaven and Washington Square are prepared to proceed to Closing. This Agreement is expressly conditioned upon simultaneous closing on Parcels 1-6. e. City Council has appropriated the funds necessary to pay the Purchase Price. 2.In the event that any of the foregoing conditions to Closing have not been met or waived in writing by the City on or before the date scheduled for Closing, the City may either(i) extend the Closing Date until such conditions are satisfied, up to a maximum of ninety (90) days,(ii) elect to terminate this Agreement by written notice to Seller,or(iii)waive in writing such conditions,in which event this Agreement shall be read as if such conditions no longer existed. g. Title. 1.No later than thirty(30)days after full execution of this Agreement,the City shall 0) furnish Seller with a copy of City's title commitment (the "Title Commitment") for the Property issued by a reputable title insurance company 11 (the "Title Company") in the amount of the Purchase Price or such lesser amount as the City may determine,and(ii)notify("Notice of Objection")Seller of any matters reported in the Title Commitment or contained in any survey obtained by the City that would make title to the Property unmarketable or uninsurable under an ALTA owner's title insurance policy in the reasonable opinion of the City (such matters are referred to herein as, the "Title Objections"). 2. Seller shall have ten (10)business days after receipt of the Notice of Objection to notify the City in writing whether or not Seller elects to cure the Title Objections. If Seller elects to cure, Seller shall have a reasonable time to cure the Title Objections. If Seller fails to give notice within such ten(10)business day period, Seller shall be deemed to have elected not to cure. If Seller elects to cure but is/are unable to do so or Seller elects not to cure (or is deemed to have elected not to cure) any or all of the Title Objections identified by the City in the Notice of Objection, the City shall have the right to elect within ten(10) business days after receipt of Seller's written notice of inability to do so or refusal to do so(or after Seller's deemed election not to do so),to(i)accept title and survey subject to the Title Objections and proceed to close the transaction notwithstanding the existence of the uncured Title Objections without any abatement in the Purchase Price, or (ii) terminate this Agreement by written notice to Seller. 3. Seller covenants that it will not voluntarily create or cause or permit a lien or encumbrance to attach to the Property between the date of this Agreement and 12 Closing. 4. All matters of title that are shown as exceptions in the Title Commitment and which do not constitute Title Objections or that are Title Objections which are either(i) cured by Seller, or(ii) subsequently accepted by the City as provided above, shall be referred to collectively as,the "Permitted Exceptions." h. Study Period. 1. City shall have a period of sixty(60)days from the full execution of this Agreement to conduct, at the City's sole cost and expense, any and all title examinations, surveys, soil tests, engineering studies, access to utilities, environmental studies, site inspections and/or studies which City deems necessary or relevant in connection with the acquisition of the Property("Stud Period"). City,upon written notice to Seller,may waive all or any portion of this Study Period. . 2. If the results of any inspection or investigation as specified in Section 61. are deemed unsatisfactory to City in City's reasonable discretion, City shall have the right to terminate this Agreement by giving Seller written notice on or before the expiration of the Study Period. If City terminates this Agreement pursuant to this Section 6.h., neither Party shall have any further liability to the other under this Agreement. In the event the Agreement is terminated, the Litigation shall be continued as if this Agreement never occurred. 3.This Study Period may be extended for a period of thirty (30) days by City if City deems necessary for 1) any environmental assessment or 2) preparation of an acquisition plat. i.Closing. The closing of the transaction contemplated by this Agreement (the"Closing") 13 will be on or before ninety (90) days from the date this Agreement is fully executed and delivered by all parties(the"Closing Date")or the conclusion of the Study Period. This Closing Date may only be extended as expressly provided elsewhere in this Agreement, or to assist in Seller's 1031 transaction, not to delay the Closing by more than thirty(30)days. j.Vacating Property. Seller will vacate and remove all personal property from the Property by the date of Closing. Closing will not occur until Seller has vacated the Property. In the event Seller has not vacated the Property, excepting its reserved right to the Easement, on or before Closing, City reserves any and all remedies available at law or in equity. k. Tenancies. Seller warrants that the Property is free of any tenancies, and Seller will not lease or allow the use of the Property to any person or entity, other than the City as set forth herein. In the event this clause is violated, Seller agrees to compensate any such tenant for any damages said tenant may.suffer and sustain by reason of the conveyance agreed to hereunder and will save the City harmless from any and all claims that may be made by said tenant by reason of such conveyance. 1.Possession/Access/Right of Entry. Upon full execution of this Agreement, the City, or its agents or contractors, may exercise the right to enter upon the Property with reasonable prior notice to Seller. m. Environmental Concerns. 1. For purposes of this clause the following definitions shall apply: a. "Hazardous Substances" means asbestos and any and all pollutants, dangerous substances, toxic substances, hazardous wastes, hazardous 14 materials and hazardous substances as referenced or defined in, or pursuant to, any federal, state, local or other applicable environmental law, statute, ordinance, rule, order, regulation or standard in effect on the date hereof including,without limitation,the Resource Conservation and Recovery Act (42 U.S.0 6901, et seq.), as amended, the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. 135, et seq.), as amended, the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. 9601, et seq.), as amended, and the Toxic Substance Control Act(15 U.S.C. 2601, et seq.), as amended. b. "Environmental Release"means placing,releasing,depositing,spilling, leaking, pumping, emitting, emptying, discharging, injecting, escaping, leaching, disposing or dumping. c. "Environmental Condition" means any condition, including without limitation,the Environmental Release of Hazardous Substances,located on or affecting the Property that could require remedial action and/or may result in claims, demands, liabilities, costs and/or expenses to the City. d. "Notice"means any written, civil,administrative or criminal summons, citation, directive, order, claim, litigation, investigation, proceeding, judgment, letter or other communication from the United States Environmental Protection Agency ("USEPA"), the Virginia Department Environmental Quality, or other federal, state or local agency or authority, or any other entity or any individual, concerning 15 any intentional or unintentional act or omission which has resulted or which may result in the Environmental Release of Hazardous Substances on or into the Property or otherwise relates to an Environmental Condition. 2. Except as set forth on Exhibit F attached hereto and incorporated herein, Lynnhaven and Washington Square each covenant, represent and warrant to City that (i) Lynnhaven and Washington Square have received no Notice, (ii) to the best of its knowledge and belief,Lynnhaven and Washington Square have not caused or permitted any Environmental Condition on or affecting the Property, and knows of no such Environmental Condition caused or permitted by any other person or entity, and (iii) to the best its knowledge and belief, Lynnhaven and Washington Square have not caused or permitted, the Property to be used to generate, manufacture, refine, transport, treat, store, handle, dispose,transfer,produce or process,Hazardous Substances or other dangerous or toxic substances or solid wastes. Except as set forth on Exhibit F attached hereto and incorporated herein, Lynnhaven and Washington Square further covenant, represent and warrant that, to its knowledge, there is no action, suit, proceeding, claim, investigation, citizen suit or review pending or threatened against or affecting the title to the Property. Should any notice of such an action, suit, proceeding, claim, investigation or citizen suit be received, it will be promptly forwarded to the Office of the City Attorney of the City of Virginia Beach,Virginia. 7. Failure to Perform. If Seller refuses to vacate the Property, or any portion thereof, on or 16 before Closing, or otherwise fails to consununate the transaction as contemplated herein, and such refusal to vacate or failure to consummate the transaction shall continue for a period of thirty (30) days after written notice from the City of such refusal or failure is received by the Seller, the City shall be entitled to terminate this Agreement or pursue a claim for specific performance or any other remedy, in its sole discretion. In the event a suit or specific performance or other remedy is necessitated by Seller's breach, Seller warrants and agrees that it shall be liable for City's reasonable attorney's fees as well as costs attributable to delays, if any. The City expressly preserves its rights to pursue any an all claims, at law or in equity, or to pursue any other remedy, by reason of the breach of this Agreement. If the City fails or refuses to consummate the transaction as contemplated herein, and such failure to consummate the transaction shall continue for a period of thirty (30) days after written notice from the Seller of such failure is received by the City, the Seller shall be entitled to terminate this Agreement. In the event the Agreement is terminated by either party as aforesaid, the Litigation shall be continued as if this Agreement never occurred. 8. Entire Agreement. There have been no other promises, considerations or representations made which are not set forth in this Agreement. There shall be no modification of this Agreement except in writing executed by Lynnhaven,Washington Square, and City. 9. Survival. The covenants, agreements, representations, warranties and indemnities of Seller as to title (per Section 6(a)) and environmental (per Section 6(m)) shall survive Closing. Any other covenants, agreements, warranties and indemnities of Seller and the City contained in this Agreement shall survive Closing but such survival shall terminate when the applicable statute of limitations ceases to authorize a cause of action. 17 10. Successors and Assigns. The terms and provisions of this Agreement are binding upon and will inure to the benefit of the parties, their respective successors and assigns. Lynnhaven and Washington Square may not assign the rights and benefits of this Agreement except upon written consent of the City, except however,Lynnhaven may sell, assign or transfer its rights in the Easement without the consent of the City. 11. Compliance with Tax Laws. In accordance with instructions by the Department of the Treasury, Internal Revenue Service, for Form 1099-5, the Seller is required by law to provide the City Attorney's Office,Municipal Center, Virginia Beach, VA 23456, with its correct taxpayer identification number(s). If Seller does not provide the City Attorney's Office with its correct taxpayer identification number(s), Seller may be subject to civil or criminal penalties imposed by law Seller will also provide the City Attorney's Office with other documents necessary for City to comply with State reporting requirements. Under the penalties of perjury, by signing below, Lynnhaven and Washington Square certify that the taxpayer identification number provided to the City or to be provided to the City is the correct taxpayer identification number. 12. No Broker. Lynnhaven, Washington Square, and City represent and warrant that no broker was involved in this transaction. Lynnhaven, Washington Square, and City warrant unto each other that no broker fees or commissions are owed. 13. Notices. All notices to be delivered hereunder shall be sent in writing and shall be deemed given (i) two (2) business days after being mailed by U.S. registered or certified mail, postage prepaid, return receipt requested, (ii) one (1) business day after being deposited with a nationally recognized overnight delivery service (such as Federal Express), or(iii) on the date of delivery, if delivered in person, addressed and to the attention of the 18 respective parties set forth below. Notices delivered by email transmission shall be effective on the date of such email transmission, provided notice is also simultaneously sent by another method permitted hereunder. Notices may be given by counsel on behalf of either Party. Buyer/City: City of Virginia Beach Tim Copeland, City Real Estate Agent Department of Public Works/Real Estate 2473 N. Landing Road, Building 23 Virginia Beach, VA 23456 Email: JGCo elandgvbgov.com Copy to: Elizabeth S. Chupik, Associate City Attorney 2473 N. Landing Road, Building 23 Virginia Beach, VA 23456 Email: echupik(&vbgov.com Seller/Lynnhaven: Lynnhaven Area Properties, LLC 2859 Virginia Beach Blvd., Suite 106 Virginia Beach, VA 23452 Attn: Chris Wood Email: chrisAmcleskey.com Copy to: Woods Rogers Vandeventer Black PLC 101 West Main Street 500 World Trade Center Norfolk, Virginia 23510 Attn: James R. Harvey, Esq. Attn: James B. Rixey, III, Esq. Email: iim.harvey(a)wrvblaw.coin Email: iay.rixey(ci)wrvblaw.com Seller/Washington Square: Washington Square Townhouses, LLC 2859 Virginia Beach Blvd., Suite 106 Virginia Beach, VA 23452 Attn: Chris Wood Email: ch isAmcleskev.com Copy to: Woods Rogers Vandeventer Black PLC 101 West Main Street 500 World Trade Center Norfolk, Virginia 23510 Attn: James R. Harvey, Esq. 19 Attn: James B. Rixey, III, Esq. Email: jim.haivey(&wrvblaw.com Email: jay.rixgy(i,wrvblaw.com 14. Governing Law/Venue. This Agreement shall be deemed to be a Virginia contract and shall be governed by the laws of the Commonwealth of Virginia, and the parties hereto designate a court of competent jurisdiction in the City of Virginia Beach as the venue for the resolution of all litigation that may arise from this Agreement. 15. Amendment. This Agreement may not be amended or modified except by a written instrument signed by the duly authorized representatives of all of the Parties. 16. Headings. The headings of sections are designed to facilitate ready reference to subject matter and shall be disregarded when resolving any dispute concerning the meaning or interpretation of any language contained in this Agreement. 17. Authority to Sign Agreement and Release. The individuals signing this Agreement and the Parties on whose behalf such individuals are signing hereby represent and warrant that they are empowered and authorized to sign on behalf of and bind the Parties for whom they have signed. 18. 1031 Exchange. The parties acknowledge that Lynnhaven and/or Washington Square may wish to enter into a like-kind exchange (either simultaneous or deferred) with respect to the Property(the"Exchange")pursuant to the applicable provisions of Section 1031 of the Internal Revenue Code of 1986, as amended. Notwithstanding anything to the contrary contained herein, Lynnhaven and Washington Square shall have the right to assign his/her/its interest under this Agreement to a qualified intermediary without City's consent to effectuate the Exchange, including execution of any necessary acknowledgment documents; provided, however, that notwithstanding any such assignment, Lynnhaven 20 shall not be released from any of its liabilities, obligations or indemnities under this Agreement. The parties shall cooperate in all reasonable respects to effectuate such Exchange;provided,however,that: (a)Closing shall not be extended or delayed by reason of such Exchange except as provided in Section 6.i.; (b) City shall not be required to incur any additional cost or expense or liability as a result of such Exchange; and (c) Lynnhaven's or Washington Square's ability to consummate the Exchange shall not be contingent or a condition to the obligations of Lynnhaven or Washington Square under this Agreement. Lynnhaven and Washington Square warrant that the City shall not be responsible for any of the tax consequences with respect to the transactions contemplated hereunder. 19. Signatures of Parties. The following information must be provided on the signature lines below: the authorized signatory of each Seller shall sign and print his/her name and provide his/her title. At or prior to Closing, each Seller shall provide the City with its taxpayer identification number and a resolution authorizing the sale of the property. 20. Waiver. The failure of any Party at any time or times to require performance of any provisions of this Agreement shall in no manner affect the right at a later time to enforce such provision. No waiver by either party of any condition, or the breach of any term, covenant, representation or warranty contained in this Agreement, whether by conduct or otherwise, in any one of more instances, shall be deemed a further or continuing waiver of condition or covenant, representation or warranty contained in this Agreement. 21. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which, when taken together, shall constitute one and the same instrument. 21 WITNESS the following signatures and seals: BUYER: CITY OF VIRGINIA BEACH: By: {SEAL) (DATE) City Manager/Authorized Designee of City Manager Attest: Amanda F. Barnes, MMC,City Clerk SELLER: LYNNHAVEN AREA PROPERTIES, LLC a Virginia limited liability company ->xBy: (SEAL) Name: Title: wac. MAIL G ADDRESS: 2859 Virginia Beach Blvd., Ste. 106 Virginia Beach, VA 23452 SELLER: WASHINGTON SQUARE TOWNHOUSES, LLC a Virginia limited liability company By: (SEAL) Name: Title: MAILZ�y DDRESS: 2859 ginia Beach Blvd., Ste. 106 Virginia Beach, VA 23452 22 Certified as to Content Approved Form Approved Availability of Funds Director of Finance Real Estate Agent City Attorney 23 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY Parcel 2 and Parcel 3 below are owned by Lynnhaven. Parcel 1, Parcel 5, and Parcel 6 below are owned by Washington Square. Parcel 4 below is owned by both Lynnhaven and Washington Square as a result of a street closure. Parcel 1 (GPIN: 2407-09-6257): ALL THAT CERTAIN lot, piece and parcel of land, together with the improvements thereunto belonging, lying, being and situate in the City of Virginia Beach, Virginia and being known, designated and described as "now or formerly Lynnhaven Building Supply (D.B. 823, P. 492) GPIN 2407-09-6257"as shown on that certain plat entitled, "PLAT SHOWING A PORTION OF OLD WOLFSNARE ROAD TO BE CLOSED AND VACATED BY THE CITY OF VIRGINIA BEACH, VIRGINIA LYNNHAVEN BOROUGH —VIRGINIA BEACH, VIRGINIA" Scale: 1" =40', dated February 27, 1981,prepared by Rouse—Sirine Associates, Ltd.,which was recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach as Instrument Number 201600016543, to which reference is made for a more particular description. Parcel 2 (GPIN: 2407-09-2464): ALL THAT CERTAIN lot, piece and parcel of land, together with the improvements thereunto belonging, lying, being and situate in the City of Virginia Beach, Virginia and being known, designated and described as "NOW OR FORMERLY F. WAYNE MCLESKEY,JR. (D.B. 1486, P. 203)" as shown on that certain plat entitled, "PLAT SHOWING A PORTION OF OLD WOLFSNARE ROAD TO BE CLOSED AND VACATED BY THE CITY OF VIRGINIA BEACH, VIRGINIA LYNNHAVEN BOROUGH —VIRGINIA BEACH, VIRGINIA" Scale: 1" =40', dated February 27, 1981, prepared by Rouse—Sirine Associates, Ltd.,which was recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach as Instrument Number 201600016543, to which reference is made for a more particular description. Description. Reserving unto the Grantor, its successors and assigns, an approximately 1,565 square foot sign, access, and maintenance easement, together with improvements thereon, in the location more particularly described as "VARIABLE WIDTH SIGN ACCESS & MAINTENANCE EASEMENT TO BE RESERVED, AREA = 1,565 SQ. FT. OR 0.03593 AC (SEE NOTE 6)," (collectively, the "Easement"), on the plat entitled "PLAT SHOWING PROPERTY TO BE ACQUIRED, TRACTS A, B, C & D FROM LYNNHAVEN AREA PROPERTIES, LLC, & WASHINGTON SQUARE TOWNHOUSES, LLC, BY CITY OF VIRGINIA BEACH FOR OPEN SPACE PARK & INFRASTRUCTURE DEVELOPMENT & MAINTENANCE II PROJECT, CIP 100289," and dated March 8, 2023. The following terms apply to the Easement: (1)the Easement shall allow the Grantor to own,maintain, and repair that certain existing wooden sign(the"Sim') located on the Easement; (2)the Sign is and shall remain subject to all applicable state, federal and local laws, ordinances, permits, variances, or regulations; (3)Grantor shall bear all liability and responsibility for the sign and shall maintain it in a manner that it does not become 24 unsightly or a hazard; and(4)in the event of any casualty or other damage or destruction to all or any portion of the Sign, and provided that Grantor can obtain approvals to rebuild or replace the nonconforming Sign pursuant to applicable state, federal, and local laws, ordinances, permits, variances, or regulations, including but not limited to, approval(s) from the Virginia Beach City Council, Grantor shall have the right to rebuild and replace the Sign. Parcel 3 (GPIN: 2407-09-4435): ALL THAT CERTAIN lot, piece and parcel of land, together with the improvements thereunto belonging, lying, being and situate in the City of Virginia Beach, Virginia and being known, designated and described as "LOT 4 SUBDIVISION OF PROPERTY OF ALLEN E. PERREL (M.B. 110, P. 48) NOW OR FORMERLY F. WAYNE MCLESKEY, JR. (D.B. 1623, P. 744) GPIN 2407-09-4435"as shown on that certain plat entitled,"PLAT SHOWING A PORTION OF OLD WOLFSNARE ROAD TO BE CLOSED AND VACATED BY THE CITY OF VIRGINIA BEACH, VIRGINIA LYNNHAVEN BOROUGH — VIRGINIA BEACH, VIRGINIA" Scale: I" =40', dated February 27, 1981,prepared by Rouse— Sirine Associates, Ltd., which was recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach as Instrument Number 201600016543, to which reference is made for a more particular description. Parcel 4(GPIN: 2407-09-5412): ALL THAT CERTAIN lot, piece and parcel of land, together with the improvements thereunto belonging, lying, being and situate in the City of Virginia Beach, Virginia and being known, designated and described as "OLD WOLFSNARE ROAD TO BE CLOSED AND VACATED AREA — 19,365 SQUARE FEET (INCLUDING PERMANENT DRAINAGE EASEMENT) GPIN 2407-09-5412"as shown on that certain plat entitled, "PLAT SHOWING A PORTION OF OLD WOLFSNARE ROAD TO BE CLOSED AND VACATED BY THE CITY OF VIRGINIA BEACH, VIRGINIA LYNNHAVEN BOROUGH — VIRGINIA BEACH, VIRGINIA" Scale: I" =40', dated February 27, 1981,prepared by Rouse—Sirine Associates, Ltd., which was recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach as Instrument Number 201600016543, to which reference is made for a more particular description. Parcel 5 (GPIN: 2407-19-4539): ALL THAT CERTAIN lot, piece and parcel of land, together with the improvements thereunto belonging, lying, being and situate in the City of Virginia Beach, Virginia and being known, designated and described as "PARCEL A" as shown on that certain plat entitled, "PLAT OF SUBDIVISION OF WASHINGTON SQUARE BLOCKS D, F&G SECTION 1 LYNNHAVEN BOROUGH VIRGINIA BEACH, VIRGINIA," Scale: 1" = 100', dated March 9, 1971, prepared by Talbot, Wermers, and Standing, Ltd., which was recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach in Map Book 86, at page 17,to which reference is made for a more particular description. Parcel 6 (GPIN: 2407-19-8383): ALL THAT CERTAIN lot, piece and parcel of land, together with the improvements thereunto 25 belonging, lying, being and situate in the City of Virginia Beach, Virginia and being known, designated and described as "PARCEL `B' AREA=0.174 ACRES" as shown on that certain plat entitled,"PLAT OF SUBDIVISION OF WASHINGTON SQUARE BLOCKS 1,J&K SECTION 2 LYNNHAVEN BOROUGH VA. BEACH, VA," Scale: 1" = 50', dated December 29, 1971, prepared by Talbot, Wermers, and Standing, Ltd.,which was recorded in the Clerk's Office of the Circuit court of the City of Virginia Beach in Map Book 93,at page 16,to which reference is made for a more particular description. AS TO PARCEL 2, PARCEL 3, AND PARCEL 4 ABOVE, TOGETHER WITH all right, title and interest of Lynnhaven, if any, 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 above-described parcels. AS TO PARCEL 1,PARCEL 4, PARCEL 5 AND PARCEL 6, TOGETHER WITH all right,title and interest of Washington Square, if any, 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 above-described parcels. 26 Exhibit B Plat No. 1 [See Attached] 27 AREA TABLE PROPER77ES I0 BE ACOUIRED Sq.Ft. ad Ac. NOTES:- TRACT A' 27,459 Sq. Ft. w 0.630J7 Ac. GPIN: 2407-09-2464 1. THE MERIDIAN SOURCE OF THIS PLAT IS BASED ON THE VIRGINIA STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, NAD 1983/1993 (HARN). RESIDUAL TRACT'A' 0.00 Sq.Ft. or 0.00000 Ac. COORDINATE VALUES SHOWN HEREON ARE EXPRESSED IN U.S. SURVEY FEET AND ARE DERIVED FROM GPS UTILIZING THE CITY OF VIRGINIA TRACT B BEACH VIRTUAL REFERENCE STATIONS (VRS) NETWORK. GPIN.• 2LOT 4 -44J5 42190 Sq. Ft. or 0.96855 Ac. LOT 2. THIS PLAT IS A RESULT OF A FIELD SURVEY OF EXISTING MONUMENTS 4 COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON. �, 4 RESIDUAL TRACT B' 0.00 Sq.Ft. w 0.00000 Ac. 3. THIS PLAT WAS PREPARED UTILIZING A TITLE REPORT PREPARED BY WFG NATIONAL TITLE INSURANCE COMPANY DATED FEBRUARY 13. 2023, TRACT'C'GPIN.• 2407-09-5412 19,22E Sq. Ft. or 0.44141 Ac. COMMITMENT NUMBER ST23-0004A-1 & ST23-0004F-1. 4. THIS PLAT IS INTENDED FOR ACQUISITION PURPOSES ONLY AND DOES NOT RESIDUAL TRACT'C' 0.00 Sq.Ft. or 0.00000 Ac. CONSTITUTE A SUBDIVISION OF LAND. 5. PROPERTIES TO BE ACOUIRED BY DEED. �� TRACT b' 2201629 Sq. Ft. w 5.06495 Ac. GPIN: 2407-09-6257 6. VARIABLE WIDTH SIGN ACCESS & MAINTENANCE EASEMENT TO BE RESERVED BY GRANTOR BY DEED TO BE RECORDED CONTEMPORANEOUSLY HEREWITH. RESIDUAL TRACT LOCATION MAP SCALE: 1' 1200 D' 0.00 Sq. Ft. w 0.00000 A. 7. TRACT 'C' IS SUBJECT TO A 15'VIRGINIA ELECTRIC AND POWER COMPANY EASEMENT AS SHOWN IN DEED BOOK 1948 PAGE UNKNOWN. LOCATION VARIABLE WIDTH SIGN ACCESS&MAINTENA 1,565 Sq.Ft. w O.OJ59J Ac. UNKNOWN. NCE EASEMENT TOTAL AREA TRACTS A. B, C, &D J09,506 Sq. Ft. or 710528 Ac. RESIDUAL TRACTS A.B, C. &D 0.00 Sq. Ft. or 0.00000 Ac. PROPERTIES TO BE ACQUIRED TRACT 'A' BEING DESIGNATED AS PARCEL III, IN A DEED RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH IN INSTRUMENT 111 20080818000976290. GPIN; 2407-09-2464. TRACT 'B' BEING DESIGNATED AS PARCEL I, IN A DEED RECORDED IN THE CLERK'S OFFICE OF THE PLAT SNOWING CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH AS INSTRUMENT A 20080818000976290; AND ALSO BEING DESIGNATED AS LOT 4 AS SHOWN ON THE PLAT RECORDED IN M.B. 110 PROPERTY TO BE ACQUIRED PG. 48. GPIN: 2407-09-4435 TRACT 'C' TRACTS A. B, C, & D FROM BEING THE CIRCUITNC URT O0F THEFCITYRO FVIRGINA ABEACH INENSTRUMENTTNE201603 1 00165440. LYNNHAVEN AREA INSTRUMENT B 20080710000809510 AND IN A DEED OF CORRECTION IN INSTRUMENT p PROPERTIES, LLC 20080922001111740, BEING OLD WOLFSNARE ROAD TO BE CLOSED AND VACATED AS SHOWN ON THE PLAT RECORDED AS INSTRUMENT # 20160301000165430. GPIN; 2407-09-5412. & TRACT 'D' WASHINGTON SQUARE BEING DESIGNATED AS PARCEL II. TRACT A. IN A DEED RECORDED IN THE CLERK'S OFFICE OF TOWNHOUSES, LLC THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH AS INSTRUMENT # 20080710000809510 BY AND BEING DESIGNATED AS PARCEL 1, IN A DEED OF CORRECTION AS INSTRUMENT CITY Of VIRGINIA BEACH 200800922001111740. GPIN; 2407-09-6257. FOR OPEN SPACE&PARK INFRASTRUCTURE DEVELOPMENT A MAINTENANCE 11 PROJECT,CIP 100989 F,ALTH OF �VV DEPARTMENT Of PUBLIC WORKS,ENGINEERING GROUP,SURVEY BUREAU TEL(757)SSS-4131;2473 N.LANDING ROAD;BLD6.E3;ROOM ISO •p��1lovld 3M`N 'z VIRGINIA BEACH,VIRGINIA 23456 U Lt 42 > BY APPROVAL, THE UNDERSIGNED DOES NOT CERTIFY AS TO THE CORRECTNESS OF THE BOUNDARY, STREETS OR OTHER LINES SHOWN ON THIS PLAT. EXISTING PUBLIC RIGHT-OF-WAY, y� EASEM IN EFFECT AND ARE OR OTHER PUBLIC INTERESTS NOT SHOWN ON THIS PLAT REMAIN SURN� NOT TERMINATED OR EXTINGUISHED BY OMISSION FROM THIS PLAT. APPROVED: DATE: CITY OF VIRGINIA BEACH DIRECTOR OF PUBLIC WORKS, CITY OF VIRGINIA BEACH MARCH 8,2023 JOB NO.220330 SHEET I OF 2 WOLFSNARE ROAD (RELOCATED) NJ.479,505.33T7 • SEE SHEET 1 FOR NOTES E Ei4,,184.5Z (60' R\W) (M.8. 108 PG. 3) (M.B. 107 PG. 55) S 81'33'58'E AND AREA TABLE CURVE DATA CHART N 84'09 41 E 205 75 C3 15.00 `.� ~_ --► 219.18E N 84'09'41'E C2 C NUMBER ARC RADIUS DELTA ANCLE TANGENT CHORD DIRECTION CHORD LENGTH EA$MENr L1s EASEMENTRESERVED (SEE N07E 6) 'm ,1y �-� 4a- ,N'�y� �'� �i Cl 39.25E 25.00E 89'57'00' 24.98E N 39.11'11'E 35.34E IiOw '� L7 ,;(.3 NOW 666RRR F iERLY S� \51� �n i C2 63.74' 590.00' 611'24" 31.90' N 8MS59'E 63.71' LYNNHAVEN AREA / F' � C3 40.81' 590.00E 357'47' 20.41' N 75'59'23"E 40.80E M / W Msr.2CP0 EOE16E000B�78290 / 'L'( ..LYNNVIAT'El4 AREA PRCPEHRES.LLC •55 y~S�_•- M& lag PC.J L5:'I�, MST.20080R1R000979290 coA O• O.kp n 38.24E GPM z407-N-2464 /`}� / M.S. 110 Pc.4a r 91 'y� rc a, C4 38.53E 90.35E 2425'55" 19.56' N 86'IS27"E r �5 ../ GPIN:2407-09-4435 }a '7J g v TRACT A'_,.1 D atAAVACY EASE�KNT 4 p �L C5 27.09' 30.00' 51'43'53' 14,55' 5 55'42'02"E 26.18' 9RUAW•HIGHWAY IOB PC.J TRACT .B. / ../ �tP• ;,^ Z p G6 EASEMENT t101 ry/ r ° V• Sj 342.64' 2200.00' 855'25' 171,67' N 50'08'53'E 342.30' PER MB.109 Po J N �-NT_ / :' g m'.GE � ` NOW OR FORMERLY (n� 3 C7 347.31' 2230.00' 8'55'25' 174.01' S 50'08'53"W 346.96E L17WW/AMY AREA PRLWERIE$LLC O N tifi 41.E MB tto PG INSE 2OM"000165440(DEED) •O V1 p C8 64.51E 494.73E 7'2WI5` 32.30' N 41'57'02'E 64.46' MST.20160JOI000I651,70(PLAT) i O.'Y =N C9 35.19E 524.73E 3'S0'32' 17.60E S 43'S9'32'W 35.18E _AND NOW OR FURAERLY o �,✓ W SSE 20oeonai0olo9570w SQUARE uC : >N C10 102.55E 941.45' 614'28" 51.33E S 32'ST19'E 102.50E MST.2OD9N22OOI1117m(CORRECIED)DEED) pD•py�IC p4AMACE EASEMENT �* DPIN•2107-09-54I2 M.9 157 PG I G „✓. ...NON'OR FORMERLY.. LINE DATA CHART �i:E :�..�WASHINGTON SQUARE TOWNHOUSES LLC ,y'��i�,(�'J NUMBER DIRECTION DISTANCE PUBLIC DRAINAGE EASEMENT Mr. 20090818000976290 LEGEND INST. 20I60J01000163130 INST.2000N22001111740 1 L1 N 84'09'41"E 80A4' I GPM:2407-N-8267 ��� SG APPROXIMATE LOCA77ON OF AN N 6'O6'28"W EX.20 VIRMNIA ELECTRIC AND POWER $ �i • m FOUND L2 S 5'50'19`E 52.00' COMPANY EASEMENT D B I168 PO 479 TRACT'D' 2 G'f $ 48.43E �P�Cy'4y OZ 4. : .. O PIN SET 1 L3 N 84'09'41"E 7 50' ..\ 5 3847 29 E � 2`PPG L4 S 5'50'19"E 15.00E � ® mor MDNVMOvr Fanm F 49.D����Jg ' S q LS S 84V9'41'W 35.00E Q _ 3 ` a1j >>gIJO'K. 5 723617-w ^y.) _ 6 7i' /// BE ACQUIRED rr ro L6 N 5'50119'W 15.00E O ; o o 3A� (P 40 r 87.88 �✓, S 54 0T45 W : 8 �i L7 N 84'09'41'E 7.50' �W W^ Tv EASEMENT 5 �,,� � 25 0D $44b910 E �// Y a V =M.S. 112 PG.54 .'� \39 41 7 6 / � � swENDTM LB N 5'50'19"W 52.00' DENOTES IrENANCE EASEMENT TO BE RESERVED .:'-'en 38 ' •l L9 N 84'09'41`E 20.00E U lac oo AREA= 1363 Sq.Ft. OR LJJ r r Fn 9 A N 1P / 3595 AC. SEE N07E 6) } c t <3? 42 a Fp O 75g .�3 1 o J /" Z ro3 N N 37 43 '��r�$ cr /'s 44\7684?`w` �'� 43 F m s^ Qi °y 45 �� Qo / 44 ,oZ JO I '42✓ / { 1 _ 46 a PLAT SHOWING 45/ 6 z �41 / U _ ,`.':;'::1;:`.';( ;Z':' 9"P� 47 s o�"'I�a PROPERTY TOBEACQUIRED W 40 3s 48 co = TRACTS A, B, C. & D N 3, 479,900.6258 ,)I 47 39 / E 12.200.J20.9579 a;+ i % 49 rn � w 38 FROM N 5'52'03'W ii N 35 0 °�'`� �m 5s / _ _ LYNNHAVEN AREA 1'`'..`;?:i . f 3� .� �oyyc� Ss / 50 64.52E :'-:>.;�:.:.1 - / 'S 0 58, , QT 37 PROPERTIES, LLC } 7 \ ;'t'::: 'ry ' 3� P& ss 55,54/ �35 6 WASHINGTON SQUARE X';'5 "'1 / 62/ ��` \34- TOWNHOUSES LLC 30 51 33 BY 29 /�/ (� 32- CITY OF VIRGINIA BEACH o �.... NOW OR FORMERLY/ / , (SO, �" 31 FOR S 8410'11"W ::':' j/ 28 / / R ) �/�/( / 6 OPEN SPACE a PARK INFRA6[RUCTURE DBY$LOPMENT .;::�I EMERALD POINT,LLC 'IF 1. 40.00E z INST. 200412280194LC / / (M,g Q�Q 30\ a MAINTENANCE II PROJECT,CIP 100289 _ 1 M.B. 186 PG. 49 / / SUBO r6q "1/I/F J GPIN: 2407-08-7597� �� w �S/ 29 \ PROPERTY OF PARCEL R-3 \� / 26 25 / SECn HIHC7 O'Y OF 71) CITY OF 1sa GINNI BEACH / / / /�4 23/O.B OyR fE SQ/gq f DEPARTMENT OF PUBLIC WORKS.ENGINEHRTNfl GROUP.SURVEY BUREAU D.B. 1541 PG. 313(PLAT) �\/ / / / / 2� ?S97 n c P4Rn TEL(757)365-4131:E473 N.WINDING ROAD;BLDG.23;ROOM 160 GPIN: 2407-08-3668 7 •� / / / / 21/ 1 / / .4,SNyTH op. VIRGINIA BEACH,VIRGINIA t3456 BY APPROVAL,THE UNDERSIGNED DOES NOT CERTIFY AS TO THE CORRECTNESS OF THE .}� �` BOUNDARY, STREETS OR OTHER LINES SHOWN ON THIS PLAT. EXISTING PUBLIC RIGHT-OF-WAY, p jI,, 'Z ^" EASEMENTS OR OTHER PUBLIC INTERESTS NOT SHOWN ON THIS PLAT pa1.Vy T REMAIN IN EFFECT AND ARE cJ �14 Nh NOT TERMINATED OR EXTINGUISHED BY OMISSION FROM THIS PLAT. 0 90' 120, oe APPROVED: CITY OF VIRGINIA BEACH FATE: GRAPHIC SCALE !. d gURN1's� DIRECTOR OF PUBLIC WORKS, CRY OF VIRGINIA BEACH 1'=EO' 14ARCII A.Rota JOB NO.120330 SHEET 2 OF 2 Exhibit C Plat No. 2 [See Attached] 28 63 \ 7 Dc �� \ 64 LEGEND l��• QJP�� PIN 65 0 PIN ser \ S�\r\G6 QG• \ 66 \ BEAcoum�ERTr TO \ \ �P 67 69 \ \ N 3,479686,J706 �Pi41�; J \ 70 IF 12,201,491.7220 x G s„ P�P� gam\ \ 71 \\ n� \ 101 A 8 \\ 72 ............ \ \ 74 \ P�F`�9Sti..y'. 75102 G o LOCATION MAP SCALE: 1' = 1.200' rH c Z NOTES: 76 g � 1:0,�•`�.� �103 .jN-��� ,AG• • 1. THE MERIDIAN SOURCE OF THIS PLAT IS BASED ON THE VIRGINIA STATE PLANE COORDINATE SYSTEM, SOUTH ZONE. NAD 1983/1993 (HARN). ' COORDINATE VALUES SHOWN HEREON ARE EXPRESSED IN U.S. SURVEY ,�}. �t••••'i..p .. h J \ 104 FEET AND ARE DERIVED FROM CPS UTILIZING THE CITY OF VIRGINIA �'�• y\ G�a'Q. 5 ��^ BEACH VIRTUAL REFERENCE STATIONS (VRS) NETWORK. 2. THIS PLAT 15 A RESULT OF A FIELD SURVEY OF EXISTING MONUMENTS Q. ��• 'a-„ �b A\p QV COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON. \.5�, \\ � ...•.•..•. 401 \ 105 3. THIS PLAT WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. 00�1\gpvPa\ \ �� ^, �Q�\1 p6 \ 4. THIS PLAT IS INTENDED FOR ACQUISITION PURPOSES ONLY AND DOES NOT CONSTITUTE A SUBDIVISION OF LAND. 4 \ OF SG OtXSt,p 1 \ 100 /Oc pj 5. PROPERTIES TO BE ACQUIRED BY DEED. 107 ` N.7479.524.7886\ �0 \98 \ �, �• 00` 108 ,� AREA TABLE E 12201,231.J9J6 \ \97 \ 96 \ \ pFpC�\109 Off' \ PARCEL A 7.932 Sq.Ft. w 018209 Ac. \ A V A- 41 95 \ Qv 0• 7. PROPERTY TO B£ACQUIRED 932 Sq Ft. or 0.18209 Ac. 110 /r . p� 41 RESIDUAL 0 Sq. Ft. rx 0.00"Ac. p i \ \ cj • Al ,Q 4� � \ PLAT SHOWING 111 J�pJPr 40 PROPERTY TO BE ACQUIRED � 0 0 PARCEL A 112 \ p�-, \39 FROM ��� 113 �Al °o- WASHINGTON SQUARE i e A e Z`�o r✓'c\38 TOWNHOUSES, LLC. s C9c �P BY / F 114 \37 CITYOF VIRGINIA BEACH FOR 36 \ OPEN SPACE d PARK INFRASTRU(,TURE DEVELOPMENT ' \ d MAINTENANCE II PROJECT.CIP 100289 CURVE DATA CHART NUMBER ARC RADIUS DELTA ANGLE TANGENT CHDRD C DIRECTION HORD LENGTH DEPARTMENT OF PUBLIC WORKS,ENGINEERING GROUP,SURVEY BUREAU ,j,ILTH Op Cl 56.85 1041.00 3':1 17 27.:, i N 59'25'48•E 55.85' TEL(757)385-4131:2473 N.LANDING ROAD;BLDG.23;ROOM 160 VIRGINIA BEACH,VIRGINIA 23456 `\ P C2 26.76' 10.00' 153'19'J6• 12.18' S 42'22'12'E 19.46- •�a 0i'"`_d �'^`), BY APPROVAL.THE UNDERSIGNED DOES NOT CERTIFY AS TO THE CORRECTNESS OF THE Y V S L e26 a BOUNDARY, STREETS OR OTHER LINES SHOWN ON THIS PLAT. EXISTING PUBLIC RIGHT-OF-WAY, r..- EASEMENTS OR OTHER PUBLIC INTERESTS NOT SHOWN ON THIS PUT REMAIN IN EFFECT AND ARE 4• NOT TERMINATED OR EXTINGUISHEDPUBLIC INTERESTS BY OMISSION FROM N T PLAT. 60 SURNE CITY OF V1ROUQA BEACH APPROVED: DATE: GRAPHIC SCALE REV.APRIL 20,2023 DIRECTOR OF PUBLIC WORKS. CITY OF VIRGINIA BEACH 1•_3a MARCH 8,2023 JOB NO.220330 SHEET I Of 1 Exhibit D Plat No. 3 [See Attached] 29 40 137 170 LEGEND PM FWND 39 \\ 138 171 DENOTES PROPERTY TO N,7 t79,1p5,6BJ7 — — BF ACOOIREO 38 ` E 12,201,663.4412 ..Cl., 172 139 m OQ� \ - - - - �.'.'.'.•.'.'..'.'.'..'. � Off' � \` ...... q' 0QG \ 140 ..........:.:......:......... 173 Qv Q<0' ag ` 4, NOW OR FORMERLY wIn �O O� \ 142 \ „� T�HOWI iOUSES LiC. 174 o g +� 2 w rn Q- ...INST. 20OW922001111740. " _ - Y v O \ 143 2 M.B.93 PO. 18 w L/) 0. cPIN:2407-19-e3e3 0 _--'0�0 w G PARCEL'B' .. _ 175 z w Of c5 \ QILUM 144 LLl �~2 N LOCATION MAP SCALE: 1" s 1200' O�'' f.•.•. ................'.'.. > — 176 z 1. € NOTES: .� of 9 44'.'.'N 8513_15" ci O_O o o �G. t$ 59.25' 0 1. THE MERIDIAN SOURCE OF THIS PLAT IS BASED ON THE VIRGINIA STATE 145 O� ryy S w rn -177 N OZ LU m PLANE COORDINATE SYSTEM, SOUTH ZONE, NAD 1983/1993 (HARN). COORDINATE VALUES SHOWN HEREON ARE EXPRESSED IN U.S. SURVEY aj I U' Oj G7 FEET AND ARE DERIVED FROM CPS UTILIZING THE CITY OF VIRGINIA ` G-O I Q z BEACH VIRTUAL REFERENCE STATIONS (VRS) NETWORK. \ \ 146` ` 13 178 N 2. THIS PLAT IS A RESULT OF A FIELD SURVEY OF EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON. 147 PLAT OF SUBDIVISION OF Q 3. THIS PLAT WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. \ ` WASHINGTON SQUARE BLOCK 'J.. U n A. THIS PLAT 15 INTENDED FOR ACQUISITION PURPOSES ONLY AND DOES NOT \ \ 148 I SECTION 2 M.B. 93 PG. 16 179 CONSTITUTE A SUBDIVISION OF LAND. n ry \ 14g- 2,wry' I I I 3 — 5. PROPERTIES TO BE ACQUIRED BY DEED. ` 165 1 166 1 167 1 168, 169 8 1" - _- ---- 150 I I I i 2! 180 — - ------- N IZ20 AREA TABLE 1,708.1767 I 181 A. E 2,2 ,175.OB49 I 1 PARCEL B 7,566 Sq. Ft. o 0.17370 A 1 _ 182 PROPERTY TO BE ACOUIRED 7.666 Sq. Ft. w 0.17370 Ac. ALLEY RESIDUAL 0 Sq. Ft. o 0..00000 Ac. M.B. 9.3 PC IS PLAT SHOWING ""Cy PROPERTY TO BE ACQUIRED PLAT OF SUBDIVISION OF ka (?4' PARCEL B I WASHINGTON SQUARE BLOCK 'K', 93 PG `W) FROM ECTION 2 .B. 9 PG. 16 I 1 WASHINGTON SQUARE 157 1158 159 160 161 1 ,s 62I 163I 164 TOWNHOUSES, LLC. BY CITYOF VIR6WIA BEACH FOR OPEN SPACE d PARK INFRAnRUCRIRE DEVELOPMENT CURVE DATA CHART d MAINMANCE H PROJECT,CIP lOOt89 NUMBER I ARC I RADIUS DELTA ANGLE TANGENT I CHORD DIRECTION CHORD LENGTH C1 52.53' 20.00' 150'29'09' 75.93 S 70'27'49'E 38.68' DEPARTMENT OF PUBLIC WORKS,EN8 N6 U9EERI GROUP.SURVEY BUREAU ��pLTH OF TEL(757)385.4131:2473 N.LANDING ROAD;BLDG.23:ROOM 180 VIRGINIA BEACH,VIR41INIA 48459 Duld�'1„ iI, Z BY APPROVAL,THE UNDERSIGNED DOES NOT CERTIFY AS TO THE CORRECTNESS OF THE Y Pi 1. e25 a BOUNDARY,STREETS OR OTHER LINES SHOWN ON THIS PLAT. EXISTING PUBLIC RIGHT-OF-WqY.^ EASEMENTS OR OTHER PUBLIC INTERESTS NOT SHOWN ON THIS PLAT REMAIN IN EFFECT AND ARE r �0¢ NOT TERMINATED OR EXTINGUISHED BY OMISSION FROM THIS PLAT. 0 30' 60 '� dSUR�E - CITY OF VIRGINIA REACH APPROVED: DATE: GRAPHIC SCALE REV.AfRIL 20.2023 DIRECTOR OF PUBLIC WORKS,CITY OF VIRGINIA BEACH T"=30' MARCH 8,2023 JOB NO.220330 SHEET 1 OF 1 Exhibit E Dismissal Order VIRGINIA: IN THE CIRCUIT COURT FOR THE CITY OF VIRGINIA BEACH IN RE: SEPTEMBER 1,2021,DECISION OF THE BOARD OF ZONING APPEALS OF THE CITY OF VIRGINIA BEACH CASE NO.: CL21-4555 FINAL ORDER THIS DAY came the parties, by counsel, and represented to the Court that all matters in controversy herein have been settled; It is ORDERED that this case be, and it hereby is, DISMISSED WITH PREJUDICE BY AGREEMENT OF THE PARTIES. ENTERED: Judge WE ASK FOR THIS: Gregory D. Surber, Esq. (VSB No. 72282) James R. Harvey, III,Esq. (VSB No.40726) Office of the City Attorney Woods Rogers Vandeventer Black PLC Municipal Center,Building 1 101 W. Main Street 2401 Courthouse Drive,Room 260 Suite 500 Virginia Beach,VA 23456 Norfolk,VA 23510 (757)385-4531 (757)446-8600 surberAvb ov.com jim.harvey(a,wrvblaw.com Counsel for the City of Virginia Beach Counsel for Lynnhaven Area Properties,LLC 30 Exhibit F Disclosure of Environmental Matters Seller recalls that a notice was delivered to the then-owner of the Property in the 1970's regarding some fill on the Property. It is believed the notice was from either the U.S. Environmental Protection Agency or the Virginia Department of Environmental Quality (or their respective predecessors, as applicable). Seller believes, but cannot confirm, that such notice stated that no further action was required. Seller is unable to locate a copy of such notice. 4875-5106-5767,v. 1 31 .. � � � '� •'�� �� `� � � tiv, � is a r # r u' a � ♦ 1 F ` \ r ti- A� 47 .m f , 10 f` 'llrr � ,. , i'� 1d W ILI = z K fT1 �. 0 4 U ALL-EY 4 �f ljj ,•7 n.w �N` Legend w . o ' City Property = Q GPIN 2407-09-2464 { y. LOCATION MAP GPIN 2407-09-4435 ' "' ' «�" OPEN SPACE ACQUISITION CIP 100461 Q GPIN 2407-09-5412y; ,®,' FOR GPIN'S ` 2407-09-2464, 2407-09-4435, 2407-09-54129 Y � Q GPIN 2407-09-6257 2407-09-6257, 2407-19-4539, 2407-19-8383 GPIN 2407-19-4539 0 200 400 Feet GPIN 2407-19-8383 „ E Prepared by P.W./Eng./Eng.Support Services Bureau 02/29/2024 X:\CADD\Projects\ARC Files\Agenda Maps\2407-09-2464\2407-09-2464 Aerial.mxd 1 Legend �r III AREA TABLE Cc PROPERTIES TO BE ACQUIRED Sq.Ft. and Ac. NOTES. A TRACT ' 27,459 Sq. a 0.6JOJ7 Ac. CPIN:TRACT 9-2461 1. THE MERIDIAN SOURCE OF THIS PLAT IS BASED ON THE VIRGINIA STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, NAD 1983/1993 (HARN). RESIDUAL TRACT A' 0.00 Sq. Ft. a DOOOOO A. COORDINATE VALUES SHOWN HEREON ARE EXPRESSED IN U.S. SURVEY FEET AND ARE DERIVED FROM GPS UTILIZING THE CITY OF VIRGINIA TRACT 19 BEACH VIRTUAL REFERENCE STATIONS (VRS) NETWORK. GPIN.' 2407-09-4435 42.190 Sq.Ft. -a96855 Ac. 2. THIS PLAT IS A RESULT OF A FIELD SURVEY OF EXISTING MONUMENTS T 4 COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON. ®p RESIDUAL TRACT B' 0.00 Sq. Ft. o 0.00000 Ac. 3. THIS PLAT WAS PREPARED UTILIZING A TITLE REPORT PREPARED BY WFG V NATIONAL TITLE INSURANCE COMPANY DATED FEBRUARY 13. 2023. TRACT'C' 19228 Sq. Ft. o 0.44141 Ac. COMMITMENT NUMBER ST23-0004A-i & ST23-0004F-1. CAN.' 2407-09-5412 4. THIS PLAT IS INTENDED FOR ACQUISITION PURPOSES ONLY AND DOES NOT RESIDUAL TRACT'C' 0.00 Sq.Ft. a 0.00000 Ac. CONSTITUTE A SUBDIVISION OF LAND. 33 5. PROPERTIES TO BE ACQUIRED BY DEED. TRACT D' 220,629 Sq. Ft. a 106495 Ac. GPIN: 2407-09-6257 6. VARIABLE WIDTH SIGN ACCESS & MAINTENANCE EASEMENT TO BE RESERVED BY GRANTOR BY DEED TO BE RECORDED CONTEMPORANEOUSLY HEREWITH. MM LOCATION MAP SCALE; 1" 1200' RESIDUAL TRACT D' 0.00 Sq.Ft. a 0.00000 Ac. 7. TRACT'C' IS SUBJECT TO A 15'VIRGINIA ELECTRIC AND POWER COMPANY VAR/ABLE KTDTH SIGN ACCESS h EASEMENT AS SHOWN IN DEED BOOK 1948 PAGE UNKNOWN. LOCATION MAINTENANCE EASEMENT 1,565 Sq.Ft. a 0.03593 A. UNKNOWN. i TOTAL AREA TRACTS A,B. C, &D J09,506 4 Ft. w 7.10528 Ac. RESIDUAL TRACTS A,A C &D 0.00 Sq. Ff. ,0.00000 Ac. PROPERTIES TO BE ACQUIRED TRACT 'A' BEING DESIGNATED AS PARCEL III, IN A DEED RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH IN INSTRUMENT R 20080018000976290. GPIN; 2407-09-2464. TRACT 'B' BEING DESIGNATED AS PARCEL I, IN A DEED RECORDED IN THE CLERK'S OFFICE OF THE PLAT SHOWING CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH AS INSTRUMENT # 20080818000976290; AND ALSO BEING DESIGNATED AS LOT 4 AS SHOWN ON THE PLAT RECORDED IN M.B. 110 PROPERTYTO BE ACQUIRED PG. 48. GPIN: 2407-09-4435 TRACTS A, B, C, & D TRACT 'C' FROM BEING DESIGNATED OLD WOLFSNARE ROAD, IN A DEED RECORDED IN THE CLERK'S OFFICE OF LYNNHAVEN AREA THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH IN INSTRUMENT N 20160301000165440, INSTRUMENT N 20080710000809510 AND IN A DEED OF CORRECTION IN INSTRUMENT A PROPERTIES, LLC 20080922001111740. BEING OLD WOLFSNARE ROAD TO BE CLOSED AND VACATED AS SHOWN ON THE PLAT RECORDED AS INSTRUMENT N 20160301000165430. GPIN; 2407-09-5412. & TRACT 'D' WASHINGTON SQUARE BEING DESIGNATED AS PARCEL II,TRACT A. IN A DEED RECORDED IN THE CLERK'S OFFICE OF TOWNHOUSES, LLC THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH AS INSTRUMENT/ 20080710000809510 BY AND BEING DESIGNATED AS PARCEL 1, IN A DEED OF CORRECTION AS INSTRUMENT / CITY OF VIRGINIA BEACH 200800922001111740. GPIN; 2407-09-6257. FOR OPEN SPACE&PARK INFRASTRUCTURE DEVELOPMENT 6 MAINTENANCE 11 PROJECT,CIP 100269 1,1.TH OF DEPARTMENT OF PUBLIC WORKS.ENGINEERING GROUP,SURVEY BUREAU \ p TEL(757)355-4131;2473 N.LANDING ROAD;BLDG.23;ROOM 160 � fM ith ? VIRGINIA BEACH,VIRGINIA 23456 25 > BY APPROVAL,THE UNDERSIGNED DOES NOT CERTIFY AS TO THE CORRECTNESS OF THE oq BOUNDARY, STREETS OR OTHER LINES SHOWN ON THIS PLAT. EXISTING PUBLIC RIGHT-OF-WAY, A EASEMENTS OR OTHER PUBLIC INTERESTS NOT SHOWN ON THIS PLAT REMAIN IN EFFECT AND ARE SURNE NOT TERMINATED OR EXTINGUISHED BY OMISSION FROM THIS PLAT. crrYOF VIRGINIA BEACH APPROVED: DATE: DIRECTOR OF PUBLIC WORKS, CITY OF VIRGINIA BEACH MARCH 8,2023 JOB NO.220330 SHEET 1 OF 2 i N 3,479 5327 WOLFSNARE ROAD (RELOCATED) • SEE SHEET 1 FOR NOTES ,505. E 12,200,184.5063 (60' R\W) (M.B. 108 PG. 3) (M.B. 107 PG. 55) S 81'33'58"E AND AREA TABLE CURVE DATA CHART C3 1 .00 NUMBER ARC RADIUS DELTA ANGLE TANGENT CHORD DIRECTION CHORD LENGTH N 84ro9'41"E 205.7.. _� 219.18' ..84ro9'41'E C2 -,•- C v\ : ::: .. HIGHWAY Ll w 39.25 25.00 89S7 00 24.98 N 39'i RESERVED .::: : ... M. 1 Pc..e-.••.-+::•'''-:::...-.-.:;:"`. 't`?%:;:;;t•:;:•::::.r•'';:.;`....:'t::'::'..... . (SEE NOTE 6)....:.::'_:•::':'0O i i.�:-:-:::•:::: 1`'.:::::' .. - .. 4 i p::.:.::�:::. ..... ........::...::::�::.::::::�:.::::::.�._: 5 1...... .. .. m!� .15.. .. .. Z C2 63 74' S90 00' 671'24' 31 90' N St'03'59"E 63 71' NOW OR EN AREA \..�:•.::: :::::::::::::::::�::::::::.... :::' ' 3::j? NOW FOR �""' � C3 40.81' S90.00' 357'47' 20.41' N 75'S9'23'E 40.80' LYNNNAVEN AREA ..... ......... �' � PROPERTIES.LLC �i;,;a:,•1�. / -h .1 '..i`NNHA N NtEA PROPERTES.LLC, 'S .....::::::::::':'.::::�'.::: 'MST.200B08ts00097B29P:. L,...... INST. Z005MI8000976290 oa C4 38.53' 90.35' 24'25'S5' 19.56' N 8673'27"E 38.24' LS: 10.:' :.::::: ::' n za e.io7-°C=zae4 ::`. :.'Oa``.:: : / M.B. t10 Pc.as z5 '; `:'•::':`: N::::\s`'.. ......''f;;::::':::t - ::.:.....::::::....� s �.......oa........:: :::::✓ �........... GF4N:2407-D9-4436 r o. 8�.. .. :':::i::::::i'. : . :':': :':::::v:::::'::'::::: �i`� O n C5 27.09' 30.00' 51'43'53" 14.55' S 55'42'02'E 26.18' {{ff 10'ORAMAGI EASiMENr:.�LOT 4:. .... .:•:: �:.: :-::':...::_:-::: :..::: : :. :.:::::::�'.::::::�::'.::::�.`� ............. DRNNAGE a HIGHWAY .......... C6 342.64' 2200.00' 8'55'25" 171.67' N 50'08'53"E 342.30' .....r ..... .. ::::::�::TRACT. B/.: ::: ::: :::': :::: �:':'::.:'::::::�:'.::: � :MNINTENANCE EASEMENT;::' 'PUBLIC /\ 0.........: .r::. r M.B.IOB PG.3 PERMANENT ���.•��•�•'�-'""""'���� "' C7 347.31 2230.00 8 55 25 174.01 S 50'08 53 W 346.96 DRAINAGE-MEN :•. ::.�:.: Now OR FARAIER[r k . EASE .�....:::::`-::.�::-:•.-... ....::r.`'.�::::.:: `D <z C8 64.57' 494.73' 7'28'15" 32.30' N 4157'02"E 64.46' ......1:�:';;'.::::�::' LINHNAYEN AREA PROPfRIkT LLC �:•::....................... ....... �O ................... ...F';..::�.: :�:::�:•::�::�::�:•: lNST.?0180.T01000165H0(DEED) Cf g N C9 35.19' 524.73' 3'50'32" 17.60' S 4359'32"W 35.18' MST.20I60J010gD7634J0 PU - 2 ..1......:::�:.� ..::'dA::.::�:.:::::�:':� ':: AND NOW OR TO001 LY r �O z pry. ...:.:.::::J wASNB/cioN savARE roIINNa/sESua ::'::::::::::::::':�'::::::::::::_::.......... .ice g o C70 102.55' 941.45' 674'28' S1.33' S 3237'19'E 102.50' ................:. ::::::.................... ^ ::'.- ,�.::::;; Nvsr.20Ee071000Oeo9510(DEED) :: :::Y::::•.::..:: .� INST..100609220011I17b(CORRECTED DEED) 20'PVBUL DRAINAGE EAgLENr...--- .�. n ::...... .........�:.::. :::::::::::.:.� in. .. ::: .• ... ......::....... G7M:2b7-09 54I2 U.B.157 Ps I • r.!i�;rF'-"::.:iii:iCi'i:•:-%ii.-.-..::::::ii_::::::: TRACT .�. . _:.- ::.:::::.::::::.`_ LINE DATA CHART ."...... ...........:.::: ..:....... ...................�................. °j:: NOW OR FORMI9LLr :•}:.:?�Cfli:F, NUMBER DIRECTION DISTANCE ..::aiWASHINGTON SQUARE TOWNHOUSES,LLC;:; ::: ;-;:>:::.::;`. .:::::;�.::::;?:;`:�`':' .���5 N PUBLIC DRAINAGE EASEMENT INST. 20060618000976290 c33�' LEGS D Lt N 84'09'41"E 80.44' INST.2 t 1 1 s OOB092200 11740 4% /NST. 2016 30f000I65450 G 0 E 9 GPIN:2 7- - n A 40 09 6257 2 S 5'S0'19"E .......................................... ...................................... ............................ �:I::':APPROXIMAIE�LOCA7ION�OF AN...:- /j`Ty � • P/N FOUND 52 00' •:::^•EX. 20'NROINIA ELECTRIC AND POWER'.i�:::: ...........�+\ Z S ............... N 6ro6'26'W ::... TRACT ,D, bm / .'.'."'.".'-COMPANY EASEMENT D.B. 1188 PG 479 i:::`:::: ........::.:.:-::::::....-.._.............._.... 2 P� L3 N 84'09'41"E 7.50' 48.43' s: ':'`"}a:`.t:::::i;:,:' ...:,.....::::.....a;i;:i':6;::::...:.::::.. " 11 4y °Z O PW sfr-:. ::.- 3 St op 4 4 ...S 38 47 29 E `pG L S 5 5019 E I5.00..........::::.::::::: :::::'::::....:...:...:...:...:...:...:...:...:...:.................:.......:....:.\.:.......:....:....:...........:.......:....�......:.......:....:....:....:....:...... ..:.:.:.:...:.:...........:.:..:......:.......:.........:.....S. ..: .:.:..........p:'1:4.1."�:::.......b..1...............:.....'................................ .......:.....................:'::.:::.:...:.:.:.:...:.:.....:.... ... ........ ......: :97�: :: .... q i+' •o9PPP ® S 8409'41"Wwor MONUMENT Eowro LS 35.00' 5.. ..................�.�49. \9 ........•:.::::::i�'.•:.::ii'.•:..:::i'.:::::-:::•::.:-:}'.•:.:.:.i:4?'.•::iii` 6 7 / SiiiiEliiiiiiii?i}: BE PROPERTY TO L6 N 5'S0'19"W 15.00' / BE ACOU/RED B 7 c):-:.?.a::r..iii:'CS isiiiii! "�`:`:?ii:: :iiii:ii: Q .. O 66 .:::.::s s4ro7•as 'w;;:;;'`::. ;': .... 8/ i L7 N 84ro9'41'E 7.50' i/p' GP\r-:.:.::•25.00' S 44'09'10'E: •:-::. ///// DENOTES VARIABLE IND7N o DRAINAGE L8 N 5S0'19"W 52.00' W W O iV. EASEMENT .. 5 \ �::�::•:::.................:�.::�:- :........:........:.:.: S/CN ACCESS a MA/N7ENANCE -� ,n ::::�::.. \ 41 J:'...-::::,....::':::::-:.:•:::::.:�::�::::::::::.::::•.�:.::::....�:•:i:::::�....�/ /9/' i i EASEMENT 70 BE RESERL£D m.a h M.B.I t?Pc, \3997 (� AREA- I565 Sa.Fr.ae L9 N 8409'41'E 20.00' 1 \ '�.. ::: .............. .............':::�:•:: '.�` 0.03595 AC(SEE NOTE 6) LLJ -.:.:•:::::: 7 o \ 42 0 °�sy o/i J}3 '•:`•::::::::•::.;:. .::.; m °Z Zc 44 z W=MN 37 4 /43 �Z , � a . 43 .. 45 j 4 I 42....' 46 PLAT SHOWINGw A _........ ; D9P i PROPERTY TO BE ACQU IRED �46�ys Yf+,, 47 s S"w q0�i N.x 479.900.6258 t}{T :•:i::(�I 36 . 47 48 p _" I`,� 39, TRACTS A, B, C, & D E 12.200.320.9579 '•'•':':ii:.:'.''.''?�:-'.`•?:Si.� 49 ss ai i% Q FROM t '3 O 36 LYNNHAVEN AREA {'::.r':i::'�J' / ' c+4�P EGA 4 - - N 552'03"W R ' �'3� �Sy�i �� 59 / / 50 V v ll 37 PROPERTIES, LLC 64.52' 3 �sP� � oZ 5g/57) \ & °,�'�i Cz /5655) V m x WASHINGTON SQUARE 04/3%' /5352,51 Gv-i 34- TOWNHOUSES, LLC 30 °m / / ()_ / Q a• 33- BY 29 /// lAj S co '- 32 CITY Of VIRGINIA BEACH m•.:ii�r / EQ ` FOR NOW OR F M(RLY // / (go. (�F 31 OPEN SPACE 6 PARK[INFRASTRUCTURE DEVELOPMENT S 84'10'11"W .:...J EMERALD POINT, LLC/� 26 // / I W) (��F\ D I' 3D\ / 8 Q�MAINTENANCE 11 PROJECT,CIp 100289 40.00' _ INST. 200412280199929 / S 7g R/V \ M.B. 186 PG. 49 (/ / UB 4 c PROPERTY OF GPI 2407-OB-7597\ 2� / / K,A 0/yS/ PG T` 29 PARCEL R-3 / 26 / SECS H/NOr OF CITY OF VIRGINIA BEACH \\ / / /�4 0 N SE'L SpUAR DEPARTMENT OF PUBLIC WORKS,ENGINEERING GROUP,SURVEY BUREAU O.B. t5at PG. 311 / \�`/ / / �3/ 9?S9jf- pq E TEL(757)365-4131;2473 N.LANDING ROAD;BLDG.23;ROOM 160 D.B. t54t PG. 313(PLAT) / J(`/ / // ./ 2/2��n ���12 B�n / / ���1, F VIRGINIA BEACH,ILIRGINIA 23456 GPIN: 2407-08-3668 \ / 9 / TH p BY APPROVAL,THE UNDERSIGNED DOES NOT CERTIFY AS TO THE CORRECTNESS OF THE `O ` BOUNDARY, STREETS OR OTHER LINES SHOWN ON THIS PLAT. EXISTING PUBLIC RIGHT-OF-WAY, 0 David ith 'z EASEMENTS OR OTHER PUBLIC INTERESTS NOT SHOWN ON THIS PLAT REMAIN IN EFFECT AND ARE L 425 a 0 NOT TERMINATED OR EXTINGUISHED BY OMISSION FROM THIS PLAT. 12O e- CTfYoFV7RSINIA BEACH O APPROVED:DIRECTOR OF PUBLIC WORKS, CITY OF VIRGINIA BEACH DATE. GRAPHIC SCALE I• ` MARCH 6,2023 JOB NO.220330 SHEET 2 OF 2 \ \ \ \ I 63 \\ \ LEGEND 64 \ 65 \ o Pw sEr \ P �� \�\�G60QG•�� \ B 66 \\ EN couREPERrr TO 0 \ 67 68 \ \ w S p \ 70 \ „ 011 72 74 \ \ P� `�►• 33 l z LocAnoN MAP SCALE, 1" - 1,200' 75\ ti5.. ...... NOTES: (� 76 / c........\��p 9r � \1 s�S :; \\ S N 1. THE MERIDIAN SOURCE OF THIS PLAT IS 13ASED ON THE VIRGINIA STATE �D "'•....'Nt0' p0�06 t9C .'\� �� COORDINATE PLANE COORDINATE VALUES SHOWN HEREONZONE, NAD ARE EXPRESSED/IN9U.S HARN�Y �� ••••• �•0•ry1A1,0\': JP 104 FEET AND ARE DERIVED FROM GPS UTILIZING THE CITY OF VIRGINIA J �� y\•.•.•••••. \�. �'••• •• y ��^ \ BEACH VIRTUAL REFERENCE STATIONS (VRS) NETWORK. \CP r' ''•''• Q,;,',',';• �� .� 2. THIS PLAT IS A RESULT OF A FIELD SURVEY OF EXISTING MONUMENTS �6 'S' �• 1.oN ,`O �' COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON. 0 �.'.'............'. O Q 3 a E \\ •••••••-••. ,, ��NCO \ 105 3. THIS PLAT WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. ti \6\' 0 ��••••••••• _� \ 4. THIS PLAT IS INTENDED FOR ACQUISITION PURPOSES ONLY AND DOES NOT O\.1\SOJP�\ `�`'• ": ^/\ �P� 106 CONSTITUTE A SUBDIVISION OF LAND. SJepC\SG•\\O'I 100 ••f lotO`C`j \ 5. PROPERTIES TO BE ACQUIRED 13Y DEED. 107 a e6 99 �.m� S`��G \ e • \98 \ �"?' o`, 108 ,<v AREA TABLE N J 479,524.788\ \ \ Q•• \7Q2,(C' E 12,201,2J1.3936 \ 97 96 �� \ \ G`�\109 PARCEL A 7,932 Sq. Ft. a a18209 Ac. \ o \ \ G 0 Q�P w \\ �\ � •�, PROPERTY TO BE ACQUIRED 7.932 Sq. Ft. a 0.18209 Ac. 95 \ \ 110 �!V 1'l� 0 V�ADD\ 41 RESIDUAL 0 Sq. Ft. or 0.00000 Ac. O \ \ �QQ Q- Sq 0Qom• I PLAT SHOWING O� ;Y l ro 40 PROPERTYTO BE ACQUIRED 0 Q• 0 \ C uJO, \ PARCEL A �s0� O .\ \112 A, �' 39 FROM /"o O,o �,� \ WASHINGTON SQUARE 113 QP�Z��O (5, 38 TOWNHOUSES, LLC. -00 114 \37 \` CITY OF VIRGINIA BEACH 7j FOR / J \ OPEN SPACE 6 PARK INFRASTRUCTURE DEVELOPMENT 36 d,MAINTENANCE 11 PROJECT,CIP 100269 CURVE DATA CHART NUMBER ARC RADIUS DELTA ANGLE TANGENT CHORD DIRECTION CHORD LENGTH DEPARTMENT OF PUBLIC WORKS,ENGINEERING GROUP,SURVEY BUREAU TEL(757)385-4131:2473 N.LANDING ROAD:BLDG.23:ROOM 160 0<� CI 55.85' 1041.00' 3'04'2T 27.93' N 59'25'48'E 55.85' YIRBINIA BEACH.VIRGINIA 23456 C2 26 IV 10 W 153'19.36" 42.18' S 42'22'12"E 19.46'izBY APPROVAL,THE UNDERSIGNED DOES NOT CERTIFY AS TO THE CORRECTNESS OF THE a BOUNDARY, STREETS OR OTHER LINES SHOWN ON THIS PLAT. EXISTING PUBLIC RIGHT-OF-WAY,EASEMENTS OR OTHER PUBUC INTERESTS NOT SHOWN ON THIS PLAT REMAIN IN EFFECT AND ARENOT TERMINATED OR EXTINGUISHED BY OMISSION FROM THIS PUT. q �, �, CITY OF VIRGINIA BEACH j APPROVED: DATE: GRAPHIC SCALE REV.APRIL 20.2023 DIRECTOR OF PUBLIC WORKS, CRYMARCH 8.2023 JOB NO.220330 OF VIRGINIA BEACH 1".$O' SHEET 1 OF 1 \ 40 ;37\ 170 LEGEND \ ` _ — • PIN FWND \\ \\ 138 171 39 _ DENOTES PROPERTY TO ` N 4479,4Oa6837 — — BE ACOVIRED 38 E 12,201,865.4412 Ci•• 172 \ 139 _ \ G� \ 140 ................' } 173 \ In 141 �ti...................; - - W ............ . \\ NOW OR FORMERLY.... o\ pF �� 142 ��• WASHINGTON SQUARE 174 = w n .. TOWNHOUSES. LLC. A, �O ` '•�,','.INST. 20080922001111740. rn Q\P O O�\ 143 2 ... M.B. 93 PG. 16 _ 0 O UJ g �� �� LLJ � (v CPIN: 2407-19-8383 'a 175 ~fY Gj�G \ 1 ;.'.'.'.'.' PARCEL'B' a Z z �Q• \ 1 •. ........................... - - O c 2 �^N LOCATION MAP SCALE: 1'>• 1200' 144 �CQ� / wm Ana = NOTES: 44'::N 85(3�15'..... _ O O O O 5 o 5925' Q —gym (J 1. THE MERIDIAN SOURCE OF THIS PUT IS BASED ON THE VIRGINIA STATE \ `!' h• I n 177 Z Lu D7 PLANE COORDINATE SYSTEM, SOUTH ZONE, HAD 1983/1993 (HARN). \ 1 45 \ Q h o L4J 2 _ �O(n� COORDINATE VALUES SHOWN HEREON ARE EXPRESSED IN U.S. SURVEY \ \ �`��� $ I Q Z BEACH VIRTUAL REFERENCE STATIONS (VRS) NETWORK. FEET AND ARE DERNED FROM GPS UTILIZING THE CITY OF VIRGINIA \ \\ 146, �` / .0 I �� 178 N 2. THIS PLAT IS A RESULT OF A FIELD SURVEY OF EXISTING MONUMENTS / COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON. \ 147 \ - - ' 3. THIS PLAT WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. ` PUT OF SUBDIVISION OF Q - ` . WASHINGTON SQUARE BLOCK V. U 4. THIS PLAT IS INTENDED FOR ACQUISITION PURPOSES ONLY AND DOES NOT \148 I SECTION 2 M.. 93 i. 16 3 179 CONSTITUTE A SUBDIVISION OF LAND. \ 3^, ry 5. PROPERTIES TO BE ACQUIRED BY DEED. \ 149 ` - - \\ 165 1 166, 167 1' 168,1 169 N 180 150 _ AREA TABLE \ / N 3479,175.0849 I I I I 181 ------- PARCEL B 7.566 Sq. Ft. a 0.17370 Ac.. \ £12,201,708.1767 I I I 1 1 - - PROPERTY TO BE ACQUIRED 7,566 Sq.Ft. or 0.17J70 Ac. 182 RESIDUAL 0 Sq.Ft. w 0.00000 Ac. ALLEY (24' RAIN) M.8. 93 PG, IS PLAT SHOWING PROP£RTYTO BE ACQUIRED PLAT OF SUBDIVISION OF AL M8 (24' PARCEL B I WASHINGTON SQUARE BLOCK 'K', 93 PG RAW) FROM �ECTIO 2 M.B. 9 PG. 16 I WASHINGTON SQUARE TOWNHOUSES, LLC. 157 1158 159 160I 161 1621 163I 164 / / BY CITY OF VIRGINIA BEACH FOR OPEN SPACE 6 PARK INFRASTRUCTURE DEVELOPMENT CURVE DATA CHART MAINTENANCE 11 PROJECT,CIP 100289 NUMBER ARC RADIUS DELTA ANGLE TANGENT CHORD DIRECTION FCHORD LENGTH Cl 52.53' 20.00' 150'29'09" 75.93' S 70'27'49"E 1 38.68' DEPARTMENT OF PUBLIC WORKS,ENGINEERING GROUP,SURVEY BUREAU TEL(757)365-4131;P473 N.LANDING ROAD;SLDG.23;ROOM 160 4 Op VIR61NIA BEACH,VIRGINIA 23456 pv�id�(�lj � �i /A425 > BY APPROVAL,THE UNDERSIGNED DOES NOT CERTIFY AS THE CORRECTNESS IG THE BOUNDARY, STREETS OR OTHER LINES SHOWN ON THIS PLAT. EXISTING PUBLIC RIGHT-OF-WAY, '] EASEMENTS OR OTHER PUBLIC INTERESTS NOT SHOWN ON THIS PUT REMAIN IN EFFECT AND ARE .fJ�\� NOT TERMINATED OR EXTINGUISHED BY OMISSION FROM THIS PUT, q 301 gq SURN�� CITY OF VIRGINIA BEACH APPROVED: DATE: GRAPHIC SCALE REV.APRIL 20,2023 DIRECTOR OF PUBLIC WORKS, CITY OF VIRGINIA BEACH 1"•39 MARCH 8.2023 JOB NO.220330 SHEET 1 OF 1 53 ITEM— VI.J.9 ORDINANCESIRESOL UTIONS ITEM#75420 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into a portion of City-Owned property known as Stratton's Creek at the rear of 416 Goodspeed Road re construct and maintain a boat lift and a boathouse and into a City-Owned utility easement re construct and maintain riprap DISTRICT 6 Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley,David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Chris Taylor March 19, 2024 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 STRATTON'S 7 CREEK AND INTO A 10' CITY-OWNED 8 UTILITY EASEMENT. 9 10 WHEREAS, Jonathan L. Schreiber and Elizabeth D. Kulas (the "Applicants") 11 request permission to construct and maintain 12' x 12' boat lift and a 16' x 32' boathouse 12 into City-owned property known as Stratton's Creek and to construct and maintain a riprap 13 with a maximum encroachment of 9.04' into a 10' City-owned utility easement(collectively, 14 the "Temporary Encroachment"), located at the rear of416 Goodspeed Road (GPIN: 2419- 15 60-3857); 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 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, the Applicants, their heirs, 26 assigns and successors in title are authorized to construct and maintain the Temporary 27 Encroachment into City-owned property known as Stratton's Creek and into a 10' City- 28 owned utility easement as shown on the map entitled: "Exhibit A ENCROACHMENT 29 EXHIBIT SHOWING BOATHOUSE, BOAT LIFT & RIP RAP FOR JONATHAN L. 30 SCHREIBER & ELIZABETH D. KULAS I.N. 202103089771 LOCATED ON LOT 44A, 31 RESUBDIVISION OF LOT 44&A PORTION OF LOT 45, PRINCESS ANNE HILLS PARK, 32 SECTION A I.N. 200509190151527 (PLAT) GPIN: 2419-60-3857 CITY OF VIRGINIA 33 BEACH, VIRGINIA," Scale: 1" = 50', dated February 23, 2023, prepared by Gallup 34 Surveyors & Engineers, a copy of which is attached hereto as Exhibit "A" and on file in the 35 Department of Public Works and to which reference is made for a more particular 36 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 19 th 52 day of March , 2024. 53 54 CA16053 R-1 Prepared: 2/22/24 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: D PUB IC WO KS, REAL ESTATE . HARMEYER SENIOR CITY ATTORNEY 2 0 otpLT H �FGf FLOOD T"'A TTON'S CRE� o00 1, PG 2&2 K U G' Eeg 9 80'�9'42" C ,. 8.53 E U DAt� UTLER 9g•76 LC.) I` c.No. 38395 '�. m o 0 00 00 AL O��SIO E , N p) f- Q z O a W N w W n'1 J z Uri m g N w � g � � � N ~ � / LOT 44A 3 a iu , _ z O O Z z N N a I ►�� v- Li � Q w N y U zzInZD � Lz v N < z � � I Oa 7-4rn P cn z Wto O ? �y F� N aLO J Lf7 Li w cn U m �� 10 n W w (n Q z 0 1 Q ^(0 J Jw Q f)fQ � OU) z a_ vU'i o ZSgMEN� ' w j O �o ,O / \C DZ\Uv 2 gr 2P LAQ o Q o �°'/ 10' / TO ^� / / 121.5C' Q 546.2a �,SOO�ERY ROF LL- 24, �6 s p,D QF C1 OOpSPEE� R gO o SEE SHEET 3 FOR ADJACENT 0 50 100 G M5B 41\ G 2 8c 2P OWNERS INFORMATION. EXHIBIT A 1. THIS PLAN WAS PERFORMED WITHOUT THE ENCROACHMENT EXHIBIT SHOWING BENEFIT OF A TITLE REPORT. BOATHOUSE, BOAT LIFT & RIP-RAP 2. THIS EXHIBIT IS INTENDED FOR AN FOR ENCROACHMENT REQUEST ONLY. JONATHAN L. SCHREIBER& ELIZABETH D. KULAS 3. THE CITY OF VIRGINIA BEACH IS NOT I.N. 202103089771 RESPONSIBLE FOR VERIFICATION OF RESTRICTIONS LOCATED ON REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. LOT 44A, RESUBDIVISION OF LOT 44&A PORTION OF GALLUP LOT 45, PRINCESS ANNE HILLS PARK, SECTION A SURVEYORS& ENGINEERS I.N. 200509190151527 (PLAT) 323 FIRST COLONIAL ROAD GPIN: 2419-60-3857 VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH, VIRGINIA (757)428-8132(757)425-2390 FAX Scale: 1"=50' Date: FEB. 23, 2023 Sheet: 1 of 3 W:\Schreiber,Jonathan&Kulas,Elizabeth-416 Goodspeed Road\Drawings\22-12 Encroachment.dwg,5/15/2023 3:54:21 PM,1:1 A PERPETUAL EASEMENT IS GRANTED TO THE COUNTY OF EALTH OF PRINCESS ANNE ALONG AND ACROSS STRATTON'S CREEK IN IT'S �� L ENTIRELY FOR DRAINAGE — M.B. 41, PG. 2 & 2A 0 1� MHW=MLW ALONG BULKHEAD BULKHEAD (OTHERS) (BY CIS) DA •CUTLER `1` c.No. 38395 PROPOSED 16'x32' TR ATTON SREMOVE EX. FLOATING DOCK BOATHOUSE M a 41,CREEK PG. � &2A REMOVE 32'O�r EX. BOAT LIFT PROPOSED 12'x12' BOAT LIFT ►. g 42» c 8. �CALC.) cc 12 00, 0` 7g PLAT)000 M / APPROXIMATE MLW 000/ 3 1 APPROXIMATE-MHW N MARSH J_ O rn/CO EX. RIP-RAP _ N Z 10' PUBLIC UTILITY EASEMENT I SEE DETAIL A M.B. 41, PG. 2 & 2A ION SHEET 3 SEE DETAIL B FOR RIP-RAP ON SHEET 3 10' PUBLIC UTILITY EASEMENT FOR RIP-RAP/ M.B. 41, PG. 2 & 2A LOT 44A / / EXHIBIT A ENCROACHMENT EXHIBIT SHOWING BOATHOUSE, BOAT LIFT & RIP-RAP FOR JONATHAN L. SCHREIBER & ELIZABETH D. KULAS 0 20 40 I.N. 202103089771 LOCATED ON LOT 44A, RESUBDIVISION OF LOT 44&A PORTION OF GALLUP LOT 45, PRINCESS ANNE HILLS PARK, SECTION A SURVEYORS& ENGINEERS I.N. 200509190151527 (PLAT) 323 FIRST COLONIAL ROAD GPIN: 2419-60-3857 VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH, VIRGINIA (757)428-8132(757)425-2390 FAX Scale: V=20' Date: FEB. 23, 2023 Sheet: 2 of 3 W:\Schreiber,Jonathan&Kulas,Elizabeth-416 Goodspeed Road\Drawings\22-12 Encroachment.dwg,5/15/2023 3,54:22 PM,1:1 DETAIL A DETAIL B VALTH OF L O r t�N N �D a N I v DAt� UTLER `I c.No. 38395 d I LOT�44A APPROXIMATE a c>od MLW � I � o �9 MARSH S10 I � j.. APPROXIMATE J MHW 0 OC � o � I N cr o / 5.00' � . C!� O I —I `� W m W N o N Ln 3 4' 1.72' d N �d o N APPROXIMATE � _m N o MHw LOT/44A � 00 z ' a _ z � o ADJACENT OWNERS KEY NOW OR FORMERLY/INSTRUMENT LEGAL PLAT/GPIN EDNA LARAINE BREITENBERG,TRUSTEE OF THE EDNA LARAINE BREITENBERG LOT 43B, SUBDIVISION OF LOTS 42 &43, SECTION A, M.B. 107, PG. 44 REVOCABLE TRUST OF JANUARY 10,2006 GPIN: 2419-60-1884 I. N. 20060126000134120 PRINCESS ANNE HILLS PARK CHRISTOPHER DEMENT& LOT 45, RESUBDIVISION OF M.B. 48, PG. 54 AUDRA B. DEMENT SITES 54, 46 &47, SECTION A, I. N. 202203052299 PRINCESS ANNE HILLS PARK ' GPIN: 2419-60-4865 CRAIG DOOREN PART OF PARCEL D, M.B. 145, PG. 24 I. N. 20200908000821170 PRINCESS ANNE HILLS PARK GPIN: 2419-61-3098 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING BOATHOUSE, BOAT LIFT & RIP-RAP FOR JONATHAN L. SCHREIBER & ELIZABETH D. KULAS 0 5 10 I.N. 202103089771 LOCATED ON LOT 44A, RESUBDIVISION OF LOT 44&A PORTION OF GALLUP LOT 45, PRINCESS ANNE HILLS PARK, SECTION A SURVEYORS&ENGINEERS I.N. 200509190151527 (PLAT) 323 FIRST COLONIAL ROAD GPIN: 2419-60-3857 VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH, VIRGINIA (757)428-8132(757)425-2390 FAX Scale: 1"=5' Date: FEB. 23, 2023 Sheet: 3 of 3 W:\Schreiber,Jonathan&Kulas,Elizabeth-416 Goodspeed Road\Drawings\22-12 Encroachment.dwg,5/15/2023 3:54:23 PM,1:1 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this U day of 1f , 20 [( by and between the CITY OF VIRGINIA BEACH. VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", JONATHAN L. SCHREIBER and ELIZABETH D. KULAS, 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 "44A" as shown on that certain plat entitled: "RESUBDIVISION OF LOT 44 AND A PORTION OF LOT 45 PRINCESS ANNE HILLS PARK SECTION A MB 41 P 2, 2A DB 4291 P 1576 VIRGINIA BEACH, VIRGINIA," Scale: 1" = 20', dated May 17, 2005, prepared by Gallup Surveyors and Engineers LTD, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 200509190151527, and being further designated, known, and described as 416 Goodspeed Road, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain a 12' x 12' boat lift and a 16' x 32' boathouse into City-owned creek known as Stratton's Creek, and riprap that extends a maximum of 9.04' into a 10' City-owned utility easement, collectively, the "Temporary Encroachments", in the City of Virginia Beach; and GPINs: CITY-OWNED PROPERTY KNOWN AS STRATTON'S CREEK (NO GPIN ASSIGNED) 2419-60-3857 (416 GOODSPEED ROAD) WHEREAS, in constructing and maintaining the Temporary Encroachments, it is necessary that the Grantee encroach into a portion of City-owned property known as a Stratton's Creek and a 10' City-owned utility easement, collectively, the "Encroachment Areas"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachments within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Areas for the purpose of constructing and maintaining the Temporary Encroachments. It is expressly understood and agreed that the Temporary Encroachments will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: Temporary Encroachments into the Encroachment Areas as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT EXHIBIT SHOWING BOATHOUSE, BOAT LIFT & RIP-RAP FOR JONATHAN L. SCHREIBER & ELIZABETH D. KULAS I.N. 202103089771 LOCATED ON LOT 44A, RESUBDIVISION OF LOT 44 & A PORTION OF LOT 45, PRINCESS ANNE HILLS PARK, SECTION A I.N. 200509190151527 (PLAT) GPIN: 2419-60-3857 CITY OF VIRGINIA BEACH, VIRGINIA," Scale: 1" = 50', dated February 23, 2023 and prepared by Gallup Surveyors & Engineers, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. 2 Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachments from the Encroachment Areas in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachments herein authorized terminate upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachments must be removed from the Encroachment Areas by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachments. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachments so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the attached Exhibit or in this Agreement are the ongoing maintenance 3 obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachments. It is further expressly understood and agreed that the Temporary Encroachments must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachments and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachments; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachments are 4 allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, JONATHAN L. SCHRIEBER and ELIZABETH D. KULAS, 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 D day of 44"(00,J , 2021-' , by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of ,202_, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 ,106athan L. 4Sch ' er -) / M� Eli a eth D. Kulas STATE OF CITY/COUNTY OF ,V4 •, l to-wit: The foregoing instrument was acknowledged before me this o day of Pr , 202�, by Jonathan L. Schreiber. \\\\\���„�IMI ��lg1q,,///// Q4Z! � ..........98 '% ten Notary P lic - ;'REGISTRATION NO•': 7690569 ,— '•MY COMM•�Z41RES; - Notary Registration Number: 1!,�G� - 0s,3a My Commission Expires: �!� 3 l`Z -%, ti°F vIRG`�� ?ARY STATE OF ,r CITY/COUNTY OIF to-wit: The foregoing instrument was acknowledged before me this l o day of 20_Z�j by Elizabeth D. Kulas. L) Notary blic \\����111I n I i rrirrri�i Notary Registration Number: G W,v fZ0 ypt2 My Commission Expires: 4'� d v Z(,, _ S3ardk3 WEiso rt ONIVO So8g OJ^W' _ ;s oy�,r�6 1�1Sr03b:• '� lr •.JyOWVS... C\�� 41 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL "" f1111�111 ` SUFFICIENCY AND FORM jU0EICW0PRS7/ EAL ESTATE D . HARMEYER SENIOR CITY ATTORNEY 7 f STR T TO NS&R c mFLOpp K00 0 ,3 . . 41, PG22 U� E 5942M 0 98 E DA *�D 98.7g (PAL C) 3 , UTLER ( LAr `I c.No.38395 •� m i� 0 Oft 00 S 1 Sf ONAL E� O�?N w W ^ N m Q N = J Q '- W a LOT 44A g � ZZN N �� U J , Q W N O � ZZ F— N a N I ti o - N o oa � a - a_ � W to L0 O t� W (n uj U m �� �`1Q�\�G W PO 0 W W (>7 Z �<v I LLj Q Z O 1 —�Q ^O J J a Q W �� �w (rl U U Q LA � Q J / Q �/ N W Z NO O QO O^ / C ��IL1vCb a U a � � �•: / i / All.5�' Q� 546.2$' �S pVERY ROPE �6 24'A O ROp,D P• ' C1 GOODSPEOF WpY) SEE T 3 FOR ADJACENT 0 50 100 ' RIG 1 2 g. 2A OWNERS INFORMATION (50 . MB• 41, EXHIBIT A 1. THIS PLAN WAS PERFORMED WITHOUT THE ENCROACHMENT EXHIBIT SHOWING BENEFIT OF A TITLE REPORT. BOATHOUSE, BOAT LIFT & RIP-RAP 2. THIS EXHIBIT IS INTENDED FOR AN FOR ENCROACHMENT REQUEST ONLY. JONATHAN L. SCHREIBER& ELIZABETH D. KULAS 3. THE CITY OF VIRGINIA BEACH IS NOT I.N. 202103089771 RESPONSIBLE FOR VERIFICATION OF RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. LOCATED ON LOT 44A, RESUBDIVISION OF LOT 44 Sr A PORTION OF GALLUP LOT 45, PRINCESS ANNE HILLS PARK,SECTION A SURVEYORS & ENGINEERS I.N. 200509190151527(PLAT)32 FIRST COLONIAL ROAD CITY OF VIRGINIA BEACH,VIRGINIA VIRGI GPIN: 2419-60-3857 NIA BEACH,VIRGINIA 23454 (757)428-8132(757)425-2390 FAX Scale: V=50' Date: FEB. 23, 2023 Sheet: 1 o 3 W.\Schreiber,Jonathan&Kulas,Elizabeth-416 Goodspeed Road\Drawings\22-12 Encroachment.dwg,5/15/2023 3:54:21 PM,1:1 A PERPETUAL EASEMENT IS GRANTED TO THE COUNTY OF PRINCESS ANNE ALONG AND ACROSS STRATTON'S CREEK IN IT'S �EALTg O�G ENTIRELY FOR DRAINAGE — M.B. 41, PG. 2 & 2A O� 1� BULKHEAD r MHW=MLW ALONG C BULKHEAD (OTHERS) (BY GIS) U DA - UTLER `I1c.No.38395 wv PROPOSED 16'x32' RTTON'S FLOATING DOCK REMOVE EX. BOATHOUSE M.B. 41, pGE 8,2A 32.00 REMOVE EX. BOAT LIFT PROPOSED 12'x12' —� BOAT LIFT r. 9'42" io 0 8. (CALCE cc 12.00. 0` 76 {PLAT)) I cloo W APPROXIMATE MLW 000 coo 3 QI� APPROXIMATE M_HW MARSH _W eF . _�_ �' o, \ o EX. RIP—RAP N Z' o I 10' PUBLIC UTILITY EASEMENT SEE DETAIL A M.B. 41, PG. 2 & 2A ION SHEET 3 SEE DETAIL B FOR RIP-RAP ON SHEET 3 ' I 10' PUBLIC UTILITY EASEMENT FOR RIP-RAP' M.B. 41, PG. 2 & 2A LOT 44A ' I EXHIBIT A ENCROACHMENT EXHIBIT SHOWING BOATHOUSE, BOAT LIFT & RIP-RAP FOR JONATHAN L. SCHREIBER & ELIZABETH D. KULAS 0 20 40 I.N. 202103089771 LOCATED ON LOT 44A, RESUBDIVISION OF LOT 44&A PORTION OF GALLUP LOT 45, PRINCESS ANNE HILLS PARK,SECTION A SURVEYORS& ENGINEERS I.N. 200509190151527(PLAT) 323 FIRST COLONIAL ROAD GPIN: 2419-60-3857 VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH, VIRGINIA (757)428-8132(757)425-2390 FAX Scale: 1"=20' Date: FEB. 23, 2023 Sheet: 2 of J3 w:\Schreiber,Jonathan&Kulas,Elizabeth-416 Goodspeed Road\Drawings\22-12 Encroachment.dwg,5/15/2023 3:54:22 PM,1:1 DETAIL A DETAIL B i �1EALTH Op � L �O r N � N u DAB UTLER a `I c.No. 38395 LOT 44A APPROXIMATE m MLW QO ��� MARSH 4Sp Cs1 o I 1 OftjONAL E� I 111 ' APPROXIMATE zo rn g MHW O d id O Q 4 .� O % � �o S.00• o o, rn W Gov h ? - �N LOO -d 3.34' 1.72' -71- ON APPROXIMATE Z o M"w LOT 44A ' 1 � ADJACENT OWNERS KEY NOW OR FORMERLY/INSTRUMENT LEGAL PLAT/GPIN EDNA LARAINE BREITENBERG,TRUSTEE OF LOT 43B, SUBDIVISION OF THE EDNA LARAINE BREITENBERG M.B. 107, PG.44 REVOCABLE TRUST OF JANUARY 10,2006 LOTS 42 & SECTION A, GPIN:2419-60-1884 I. N. 20060126000134120 PRINCESS ANNE E HILLS PARK CHRISTOPHER DEMENT& LOT 45, RESUBDIVISION OF M.B. 48, PG. 54 Q2 AUDRA B. DEMENT SITES 54, 46&47, SECTION A, GPIN: 2419-60-4865 I. N. 202203052299 PRINCESS ANNE HILLS PARK Q CRAIG DOOREN PART OF PARCEL D, M.B. 145, PG. 24 I. N. 20200908000821170 PRINCESS ANNE HILLS PARK GPIN: 2419-61-3098 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING BOATHOUSE, BOAT LIFT & RIP-RAP FOR JONATHAN L. SCHREIBER& ELIZABETH D. KULAS 0 5 10 I.N. 202103089771 LOCATED ON LOT 44A, RESUBDIVISION OF LOT 44&A PORTION OF GALLUP LOT 46, PRINCESS ANNE HILLS PARK,SECTION A SURVEYORS&ENGINEERS I.N. 200509190151527(PLAT) 323 FIRST COLONIAL ROAD GPIN: 2419-60-3857 VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH, VIRGINIA (757)428-8132(757)425-2390 FAXP I Scale: 1"=5' Date: FEB. 23, 2023 Sheet: 3 of 3 W:\Schreiber,Jonathan&Kulas,Elizabeth-416 Goodspeed Road\Drewings\22-12 Encroachment.dwg,5/15/2023 3:54:23 PM,1:1 54 ITEM— VI.J.10 ORDINANCESIRESOL UTIONS ITEM#75421 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT, Ordinance to AUTHORIZE temporary encroachments into the City's right-of-way known as Bobolink Drive at the front of 1060 Bobolink Drive re maintain existing hardscaping, landscaping and irrigation system DISTRICT 6 Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M.Henley,David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Chris Taylor March 19, 2024 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 THE CITY'S RIGHT-OF-WAY KNOWN AS 6 BOBOLINK DRIVE, LOCATED AT THE 7 FRONT OF 1060 BOBOLINK DRIVE 8 9 WHEREAS, Charles G. Barker and Susan Barker (the "Applicants") have 10 requested permission to maintain existing hardscaping and landscaping and an irrigation 11 system within the City's right-of-way known as Bobolink Drive (collectively, the"Temporary 12 Encroachment"), located at the front of the Applicants' property at 1060 Bobolink Drive 13 (GPIN: 2418-15-2571); and 14 15 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 16 2107, Code of Virginia, 1950, as amended, to authorize the temporary encroachment upon 17 the City's right-of-way subject to such terms and conditions as Council may prescribe. 18 19 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 23 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicants, their heirs, 24 assigns and successors in title are authorized to maintain the Temporary Encroachment 25 within the City's right-of-way as shown on the map entitled: "ENCROACHMENT EXHIBIT 26 FOR EXISTING HARDSCAPING, LANDSCAPING AND IRRIGATION SYSTEM SITE 231 27 SUBDIVISION OF BAY SECTIONS `NORTH EAST' & `NORTH WEST' (RESERVED 28 SECTIONS) BIRD NECK POINT (M.B. 18, P. 84) VIRGINIA BEACH, VIRGINIA FOR 29 CHARLES G. BARKER & SUSAN BARKER," Scale: 1" = 25', dated December 14, 2023 30 and revised through December 27, 2023, prepared by Rouse-Sirine Associates, LTD., a 31 copy of which is attached hereto as Exhibit "A", on file in the Department of Public Works 32 and to which reference is made for a more particular description; 33 34 BE IT FURTHER ORDAINED, that the Temporary Encroachment is expressly 35 subject to those terms, conditions and criteria contained in the agreement between the City 36 of Virginia Beach and the Applicants (the "Agreement"), an unexecuted copy of which has 37 been presented to the Council in its agenda, and will be recorded among the records of the 38 Clerk's Office of the Circuit Court of the City of Virginia Beach; 39 40 BE IT FURTHER ORDAINED, that the City Manager or his authorized 41 designee is hereby authorized to execute the Agreement; and 42 43 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 44 such time as the Applicants and the City Manager or his authorized designee execute the 45 Agreement. 46 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 19 th 48 day of March 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: L kUjgEVL1C W RKS / REAL ESTATE NELL L. FORD ASSOCIATE CITY ATTORNEY CA16068 R-2 Prepared: 01/04/2024 \\vbgov.com\dfs1\a ppl ications\citylaw\cycom32\wpdocs\d008\p054\00936898.doc F zn ASPHALT TWO STORY FRAME DRIVEWAY DWELLING 230B ss' � 27 ' #1060 14.0' � 7 (M.B.40,P.42) PORCH PO GPIN:2418-05-9345 0 0 NOW OR FORMERLY 231 19.4 ^ COLUMNWALL / ROBERT A.DARDENNE _ TRUST _w m GPIN:2418-15-2571 Th' (INST.#201300018164) z w N I PROPERTY OF I= l0 CHARLES G.BARKER W W &SUSAN BARKER Lu CL LL (INST.#202203054225) N+i <h W ZONED:R-40 PAVER LLJ z om o DRIVEWAY ao m u1 LARGE LARGE WALLW/ z ,NI,TH O� STONE STONE 12"CEDAR COLUMN _ CLUSTER CLUSTER SPRINKLER U �P•) SHRUBS (TYP•) —36"VINYL FENCE(TYP.) m P•) x Q 12-27-2023 — -- o 12-14-2023 zz AL-4� 4'SAP SHRUBS UP JEFFREY D. WILLIAMS > W . BUSH ° H ®S64°13'W 310'' z¢®Di •�...; TILE APRON ==•;.' -,;': LIC. No. 2045 ROCK ASPHALT ~ LANDSCAPE ORNAMENTAL' t E 2� ���()�} SDMH® CURB L.69' 4.31' ROCKS 4.95' GRASS(TYP.) 4.63' 4.15' ENC. ENc. BOBOLINK DRIVE ENC. ENC. ENC. ASPHALT SURFACE (30'PUBLIC RIGHT-OF-WAY) �D SU R� (M.B.18,P.84) --°--° ° STONE BRICK METAL GUARDRAIL HRUBS APRON SHRUBS APRON ENCROACHMENT EXHIBIT FOR EXISTING HARDSCAPING, LANDSCAPING AND IRRIGATION SYSTEM SITE 231 SUBDIVISION OF BAY SECTIONS "NORTH EAST ROUSE-SIRINE ASSOCIATES, LTD. & "NORTH WEST" (RESERVED SECTIONS) LAND SURVEYORS,MAPPING CONSULTANTS S.U.E.QUALITY LEVELS"B-D" 7� �7 www.rouse-sirine.com BIRD NECK POINT T 333 OFFICE SQUARE LANE 1311 JAMESTOWN ROAD (M.B.18,P.84) VIRGINIA BEACH,VIRGINIA 23462 SUITE 103 VIRGINIA BEACH, VIRGINIA TEL.(757)490-2300 WILLIAMSBURG,VIRGINIA 23185 FOR FAX:(757)499-9136 TEL.(757)903-4695 CHARLES G. BARKER & SUSAN BARKER 0 25 50 75 FEET SCALE: 1"=25' DECEMBER 14,2023 REVISED: DECEMBER 27,2023 GRAPHIC SCALE F.B. 881, P. 69 J.O. #13800-22-462-1 ACAD:13800-22-462-1 BIRDNECK ENC EXHIBIT.dwg SHEET 1 OF 2 J a,w TWO STORY FRAME N ASPHALT „ DWELLING DRIVEWAY 14.0' #1060 35.r 232 PORCH (M.B.18,R 84) I.CH o o GPIN:2418-15-5578 STEPS 19,4' r NOW OR FORMERLY 1 231 9 VINCENT A.NAPOLITANO E GPIN:2418-15-2571 G REVOCABLE TRUST#2 (INST.#200900071592) PROPERTY OF Lu ;' CHARLES G.BARKER W I? &SUSAN BARKER ��NLTR Op (INST.#202203054225) f-p W i;; A R ZONED:R-40 ti a Lu O l� ,.L �, a_ 12-27-2023 c RIVEWAY o 0 LL N 12-14-2023 'Z, w U'O`° JEFFREY D. WILLIAMS a Z WALL W/ LARGE LARGE Nr _ - COLUMN STONE STONE 12"CEDAR ORNAMENTAL CLUSTER CLUSTER LIC. N0. 20 ❑ F GRASS(TYP.) (TYP.) (TYP.) I GW E 2 < 36"VINYL FENCE(TYP.) �y�• I LLI.A lq �04 ° SHRUBS 4"Sq�_ - TILE UP GW A, SURv� S64'13' 10' LAND . .- ... _ M.B. PIN F) ;• :...:..,,. ...... . ......... . .. . - IRR. WM ,`�.,.;:.�.; 1,950.94'TO fSCAPE SDMH® BOX(3) 26T STARLING `4.06' ROCKS 3.36' 1 BOBOLINK DRIVE LANDSCAPE COURT ENC. ENC J ENC. ROCKS 7,03' LEGEND: (30'PUBLIC RIGHT-OF-WAY) ASPHALT SURFACE ENC. DI DROP INLET M.B.18,P.84} BRICK APRON STONE CURB ENC. ENCROACH STONE INST. INSTRUMENT SHRUBS SHRUBS M.B. MAP BOOK M.B. FLUME P. PAGE ENCROACHMENT EXHIBIT FOR EXISTING HARDSCAPING, SDMH STORM DRAIN MANHOLE LANDSCAPING AND IRRIGATION SYSTEM TYP. TYPICAL SITE 231 SUBDIVISION OF BAY SECTIONS "NORTH EAST ROUSE-SIRINE ASSOCIATES, LTD. LAND SURVEYORS,MAPPING CONSULTANTS rine.cU.E.QUALITY LEVELS"B-D" & "NORTH WEST" (RESERVED SECTIONS) www.rouse-sirine.com NECK POINT 333 OFFICE SQUARE LANE o 311 JAMESTOWN ROAD (M.B.18,P.84) VIRGNIA BEACH,VIRGINIA 23462 SUITE 103 VIRGINIA BEACH, VIRGINIA TEL.(757)490-2300 WILLIAMSBURG,VIRGINIA.23185 FOR FAX:(757)499-9136 TEL.(757)903-4695 CHARLES G. BARKER & SUSAN BARKER 0 25 50 75 FEET SCALE: 1"=25' DECEMBER 14,2023 REVISED: DECEMBER 27,2023 GRAPHIC SCALE F.B. 881, P. 69 J.O. #13800-22-462-1 ACAD:13800-22-462-1 BIRDNECK ENC EXHIBIT.dwg SHEET 2 OF 2 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this day of , 20A by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and CHARLES G. BARKER and SUSAN BARKER, 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 Site "231", as shown on that certain plat entitled: "SUBDIVISION OF BAY SECTIONS `NORTH EAST' & `NORTH WEST' (RESERVED SECTIONS), BIRDNECK POINT," Scale 1" = 100', dated July 22, 1946, prepared by JNO. M. Baldwin, C.E., which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 18, at page 84, and being further designated, known, and described as 1060 Bobolink Drive, Virginia Beach, Virginia 234511 WHEREAS, it is proposed by the Grantee to maintain existing hardscaping, landscaping, and an irrigation system, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right-of-way known as Bobolink Drive, the "Encroachment Area"; and GPIN: CITY RIGHT-OF-WAY KNOWN AS BOBOLINK DRIVE (NO GPIN ASSIGNED) 2418-15-2571 (1060 BOBLINK 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 maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be 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: "ENCROACHMENT EXHIBIT FOR EXISTING HARDSCAPING, LANDSCAPING AND IRRIGATION SYSTEM SITE 231 SUBDIVISION OF BAY SECTIONS `NORTH EAST & `NORTH WEST' (RESERVED SECTIONS) BIRD NECK POINT (M.B. 18, P. 84) VIRGINIA BEACH, VIRGINIA FOR CHARLES G. BARKER & SUSAN BARKER," Scale: 1" = 25', dated December 14, 2023, and revised through December 27, 2023, prepared by Rouse- Sirine Associates, LTD., a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and 2 that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the maintenance, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the attached Exhibit or in this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements 3 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 construction, location, maintenance 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 G. BARKER and SUSAN BARKER, 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 , 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 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 , 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 My Notary Registration Number: My Commission Expires: 6 arker 4usat Ba k STATE OF tn;C.. CITY/COUNTY OF to-wit: The foregoing instrument was acknowledged before me this 2Lo day of Gnu 209d, by Charles G. Barker and Susan Barker. (SEAL) Notary P blic Joanna owel ache My Notary Registration Number: � OSPq 1 ( N F' __ jj��Iorefs�IL3 i My Commission Expires: 12 ; i 027 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM U IC W KS/REAL ESTATE NELL L. FORD ASSOCIATE CITY ATTORNEY 7 ASPHALT N TWO STORY FRAME DRIVEWAY DWELLING 230B &9' a (M.B.40,P.42) #1060 14.0' � GPIN:2418-05-9345 PORCH c c PO NOW OR FORMERLYWALL W/ ROBERTA.DARDENNE 231 194 ' COLUMN TRUST w GPIN:2418-15-2571 T (INST.#201300018164) z cr PROPERTY OF N F-W CHARLES G.BARKER W F--`� &SUSAN BARKER LU V d L. (INST.#202203054225) N-H v ZONED:R-40 AV R Lu Z 00 � o RIVEWAY Lu �0 CD W LARGE LARGE WALL 4 z �p,LTH OF STONE STONE COLUMN J rr CLUSTER CLUSTER SPRINKLER 12'CEDAR L) O� 1� (TYP.) SHRUBS (n'P•) 36"VINYL FENCE(TYP.) �P•) H 1� 12-27-2023 X ------- X o < 12-14-2023 't Z�- ,L BU ° 4'SAP SHRUBS UP JEFFREY D. WILLIAMS Y �W S64013'W 310' za®DI TILE APRON : ^:r;::.•.: .=:Y.,'. :� - ::mow. .:s L1C. N0. 2�0� a ROCK ASPHALT LANDSCAPE ORNAMENTAL E2ey D, W I LRB UA 69' 31' ROCKS 4 9S GRASS SDMH® 4:5, BOBOLINK DRIVE (TYP•) 4.53' ENC. ENC. ENC. ENC. 41 4 ENC. �o ASPHALT SURFACE (30'PUBLIC RIGHT-OF-WAY) D SU RV� (M.B.18,P.84) METAL GUARDRAIL UB APRON STONE BRICK HR SHRUBS APRON ENCROACHMENT EXHIBIT FOR EXISTING HARDSCAPING, LANDSCAPING AND IRRIGATION SYSTEM SITE 231 ROUSE-SnuNE ASSOCIATES, LTD. SUBDIVISION OF BAY SECTIONS "NORTH EAST & "NORTH WEST" (RESERVED SECTIONS) LMSURVEYORS,MAPPINGCONSULTAWS&S.U.EQUALIIY LEVELS"B-D^ BIRD NECK POINT 333 OFFICE SQUARE LANE www.rouse-sirine.co 311JANIESTOWNROAD (M.B.18,P.84) VIRGINIA BEACH,VIRGINIA 23462 S=103 VIRGINIA BEACH, VIRGINIA TEL.(757)490-2300 WRLIAMSBURG,VIRaN A23185 FOR FAX:(757)499-9136 TEL.(757)9034695 CHARLES G. BARKER &SUSAN BARKER 0 25 50 75 FEET SCALE: 1"=25' DECEMBER 14,2023 REVISED: DECEMBER 27 2023 GRAPHIC SCALE F.B. 881, P. 69 J.O. #13800-22-462-1 ACAD:13800-22-462-1 BIRDNECK ENC EXHIBIT.dwg SHEET 1 OF 2 TWO STORY FRAME N ASPHALT „ DWELLING DRIVEWAY cq 14.0' #1060 35.1' 232 PORCH (M.B.18,P.84) CH o GPIN:2418-15-5578 STEPS 19,4' c NOW OR FORMERLY 231 VINCENT A.NAPOUTANO E GPIN:2418-15-2571 ���ZF REVOCABLE TRUST#2 (INST.#200900071592) � PROPERTY OF w CHARLES G.BARKER w &SUSAN BARKER ��p,LTH 0� (INST.#202203054225) w w A R ZONED:R40 W:5 w RIVEWAY o d av 12-27-2023 04b 12-14-2023 2 w v)o� O z WALL WI LARGE LARGE N r u JEFFREY D. WILLMIS a = COLUMN STONE STONE 1TCEDAR ORNAMENTAL CLUSTER CLUSTER LIC. No. 20 F- I] 36-VINYL FENCE(TYP.) GRASS(TYP.) (TYP.) (TYP.) Gw E 'Rey D (LL►A —" ° j.. SHRUBS 64'13' 10' 41SAP TILE UP AFKUN GW 'QJ�t� SURV�`tO :w ••,. .�, ,-.y_ e.r: ;�;� ..,.r,.��,.;,.: ..�:..:A: x-• I PIN(F) ; •a .. M.B.RR. WM 1,950.94'TO LANDSCAPE SDMH® BOX(3) 262 STARLING .06' ROCKS 3.36' BOBOLINK DRIVE ENC. LANDSCAPE COURT ENC. ENC. (30'PUBLIC RIGHT-OF-WAY) ROCKS 7.03' LEGEND: M.8.18,P.84) ASPHALT SURFACE ENC. DI DROP INLET BRICK APRON STONE CURB ENC. ENCROACH SHRUBS STONE SHRUBS INST. INSTRUMENT M.B. FLUME M.B. MAP BOOK P. PAGE ENCROACHMENT EXHIBIT FOR EXISTING HARDSCAPING, SDMH STORM DRAIN MANHOLE LANDSCAPING AND IRRIGATION SYSTEM TYR TYPICAL SITE 231 SUBDIVISION OF BAY SECTIONS "NORTH EAST ROUSE-SIRINE ASSOCIATES, LTD. LAND SURVEYoxs,MAPPINGCONSULTA rine.cU.E.QUALTfYLEVELS"B-D° & "NORTH WEST" (RESERVED SECTIONS) www.rouse-sirine.com NECK POINT 333 OFFICE SQUARE LANE o 311 JAMESTOWN ROAD (M.B.18.P.84) VIRGINIA BEACH,VIRGINIA 23462 SUITE 103 VIRGINIA BEACH, VIRGINIA nM.(757)490-2300 WHIJAMSBURG,VIRGINIA 23185 FOR FAX:(757)199-9136 TEL.(757)903-4695 CHARLES G. BARKER & SUSAN BARKER 0 25 50 75 FEET SCALE: 1"=25' DECEMBER 14,2023 mmmmmmw REVISED: DECEMBER 27,2023 GRAPHIC SCALE F.B. 881, P. 69 J.O. #13800-22-462-1 ACAD:13800-22-462-1 BIRDNECK ENC EXHIBIT.dwg SHEET 2 OF 2 55 ITEM— VI.J.11 ORDINANCESIRESOL UTIONS ITEM#75422 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRL4TE$32,000 of federal pass-through funding from the Virginia Department of Emergency Management to the FY2023-24 Fire Department Operating Budget re equipment and training for the Department's Technical Rescue Team Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley,David Hutcheson, Robert W "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. `Joash" Schulman, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Chris Taylor March 19, 2024 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS FOR THE FIRE DEPARTMENT'S 3 TECHNICAL RESCUE TEAM 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 $32,000 of federal pass-through funding is hereby accepted from the Virginia 9 Department of Emergency Management and appropriated, with federal revenue 10 increased accordingly, to the FY 2023-24 Operating Budget of the Fire Department for 11 equipment and training for the Department's Technical Rescue Team. Adopted by the Council of the City of Virginia Beach, Virginia on the 19th day Of March , 2024. Requires the affirmative vote of a majority of all of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services ttorney's Office CA16455 R-1 March 6, 2024 56 ITEM— VI.J.12 ORDINANCESIRESOL UTIONS ITEM#75423 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $4,000 from the Federal Emergency Management Agency (FEMA) to the FY2023-24 Fire Department Operating Budget re FEMA training stipends for certain members of Virginia Task Force 2 (VA-TF2) Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara M. Henley,David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Chris Taylor March 19, 2024 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $4,000 FROM THE FEDERAL EMERGENCY 3 MANAGEMENT AGENCY FOR VIRGINIA TASK 4 FORCE 2 TRAINING STIPENDS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $4,000 is hereby accepted from the Federal Emergency Management Agency 10 (FEMA) and appropriated, with federal revenue increased accordingly, to the FY 2023-24 11 Operating Budget of the Fire Department for FEMA training stipends for certain members 12 of the Virginia Task Force 2. Adopted by the Council of the City of Virginia Beach, Virginia on the 19th day Of March 2024. Requires the affirmative vote of a majority of all of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: G0 B dget and Management Services orney s Office CA16456 R-1 March 6, 2024 57 ITEM— VI.J.13 ORDINANCESIRESOL UTIONS ITEM#75424 The following registered to speak.- Fran Johnson, 435 Winston Salem Avenue, Phone: 560-5900, spoke in SUPPORT Blake Roberson, 801 High Point Avenue, Phone: 754-9439, spoke in SUPPORT Upon motion by Vice Mayor Wilson, seconded by Council Member Berlucchi, City Council ADOPTED Ordinance to TRANSFER $4,638,235 from the Tourism Investment Program (TIP) Fund to Capital Project #100486, "Winston Salem Avenue Improvements" re allow the execution of a construction contract Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M.Henley,David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Chris Taylor March 19, 2024 1 AN ORDINANCE TO TRANSFER $4,638,235 FROM THE 2 TOURISM INVESTMENT PROGRAM (TIP) FUND TO 3 CAPITAL PROJECT #100489, "WINSTON SALEM AVENUE 4 IMPROVEMENTS," TO ALLOW THE EXECUTION OF A 5 CONSTRUCTION CONTRACT 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 $4,638,235 from unexpended debt service within the TIP Fund is hereby 11 transferred as pay-go funding to Capital Project #100489, "Winston Salem Avenue 12 Improvements" to allow the City to execute a construction contract. Adopted by the Council of the City of Virginia Beach, Virginia on the 19th day of March 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services orney's Office CA16438 R-1 February 21, 2024 58 ITEM— VI.K.1 PLANNING ITEMS ITEM#75425 The following registered to speak.- Kyle Korte, 200 Bendix Road, Suite 300, Phone: 497-6633,Attorney for Applicant, spoke in SUPPORT Upon motion by Council Member Remick,seconded by Vice Mayor Wilson, City Council APPROVED,AS CONDITIONED,AS AMENDED,application of SUNSATIONS REALTY,LLC for a Special Exception for Alternative Compliance re J-1 Visa Dormitory Housing for Temporary Workers at 2500 Atlantic Avenue DISTRICT 6 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA SUNSATIONS REALTY, LLC for a Special Exception for Alternative Compliance re J-1 Visa Dormitory Housing for Temporary Workers at 2500 Atlantic Avenue(GPINs 2510517095, 2510518047)DISTRICT 6 The following conditions shall be required: 1. The interior renovations for the J-1 Visa Dormitory Housing shall be in substantial conformance to the submitted plan, entitled "25th Street V1 Student Housing",prepared by T3 Architects, and dated October 19, 2023, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. Any changes to the plan required by the Building Code, Fire Marshal, or any other governing body are acceptable to the extent that they do not result in a greater occupancy than the eighty-six(86) beds presented in the original plan. 2. The J-1 Visa Dormitory shall be limited to a maximum of eighty-six (86) occupants. The occupants of this dormitory must also be enrolled in the J-1 Visa Exchange Visitor Program for the extent of time they are inhabiting the dormitory. The dormitory may not be utilized for any other purpose than housing J-1 Visa workers. 3. A lighting plan which indicates LED light fixtures on all exterior walls of the structure must be approved prior to issuance of a Certificate of Occupancy for the J-1 Visa Dormitory Housing use. These LED light fixtures must be always maintained and provide illumination of the exterior of the structure, including all entrances of the building, all fire exits on the building, and the alleyway(25th %Street). 4. A means of emergency access shall be provided to the Virginia Beach Police Department for the J-1 Visa Dormitory Housing prior to the issuance of a Certificate of Occupancy for the use. The applicant and/or site manager shall meet any access requirements as determined by the Police Crime Prevention Office. 5. All entryways, lobbies, and fire exits to and from the J-1 Visa Dormitory Housing shall be monitored by a functioning security camera system which the Virginia Beach Police Department can access.A plan indicating the location of these cameras shall be approved prior to the issuance of a Certificate of Occupancy for the J-1 Visa Dormitory Housing Use. March 19, 2024 59 ITEM— VI.K.l PLANNING ITEMS ITEM#75425 (Continued) 6. A secure, lockable wardrobe, footlocker, or other administratively approved container shall be provided per bed for the occupants of the J-1 Visa Dormitory Housing. 7. A plan which provides bicycle parking for no less than AM (60) 40 bikes, either in the form of a bicycle rack(s)or other indoor, secured storage area, is required to be approved by the Director of Planning and Community Development prior to the issuance of the Certificate of Occupancy for the J-1 Visa Dormitory Housing use. This bicycle parking must y be provided within the limits ofprivate property and not or within the right-of- way and shall meet the Virginia Beach Active Transportation Plan (2021) Appendix A Design Guidelines. 8. The applicant, or the applicant's successors or assigns shall coordinate with the City of Virreinia Beach, Resort Management Once to establish a pilot program to provide bike racks, at the applicant's expense, within on-street public parking spaces at the Ocean ront Resort. This Ordinance shall be effective in accordance with Section 10769 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 19`h day of March Two Thousand Twenty Four. Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M.Henley, David Hutcheson, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. `Joash" Schulman, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Chris Taylor March 19, 2024 OR OR h"Nab{ OR OR n O�R � OR OR c� t e Stye 25th Oa Sunsations Realty, LLC N Site 2500 Atlantic Avenue W ' E ® s Property_Polygons Zoning m3ff==mmm==3mm=Feet r-7 Building 0 510 20 30 40 50 60 60 ITEM— VLK2 PLANNING ITEMS ITEM#75426 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council APPROVED,AS MODIFIED, AS PROFFERED, BY CONSENT, application of DAOLIN DONG & JIA YIN WANG/ CHARLES B. HAYES & STRAWBRIDGE COMMONS CONDOMINIUM ASSOCIATION for a Modification of Proffers to a Conditional Change of Zoning re allow retail sales and eating and drinking establishment at 2180 McComas Way, Suite III DISTRICT 5 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA DAOLIN DONG & JIAYIN WANG / CHARLES B. HAYES & STRAWBRIDGE COMMONS COND OMINIUM ASSO CIA TIONfo r a Modification o Pro(ers to a Conditional Change of Zoning re allow retail sales and eating and drinking establishment at 2180 McComas Way, Suite 111 (GPIN 24049 7 7494)DISTRICT 5 The following conditions shall be required: An agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court. Modification of Proffers: 1. Proffer numbered 8 in the 1993 original proffer agreement and proffer numbered I in the 2009 Modified Proffer Agreement are hereby amended to read as follows: The B-2 Business District uses available to Unit 111 shall be as follows: i. The retail sale of violins, violin components, and other musical instruments ii. The repair of violins and other musical instruments iii. The provision of violin lessons and other string instruments iv. The sale to customers of tea, coffee, and nonalcoholic drinks and food items v. Uses permitted and conditioned in 0-2 Office District Zoning, which are also uses permitted and conditioned in the B-2 District. 2.Except as modified, herein, with respect to the Property, all of the proffers, covenants, restrictions and conditions set forth in the Original 1993 Proffers(Deed Book 3297 Page 65) and amended 2009 Proffers (Recorded Instrument # 20090313000264880) are ratified, affirmed and remain binding upon the Property and upon any party holding title under, by or through, the Grantor. This Ordinance shall be effective in accordance with Section 107(fl of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 19`i'day ofMarch Two Thousand Twenty Four. March 19, 2024 61 ITEM— VI.K.2 PLANNING ITEMS ITEM#75426 (Continued) Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M.Henley,David Hutcheson, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. `Joash" Schulman, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Chris Taylor March 19, 2024 FIRST AMENDMENT TO PROFFERED COVENANTS,RESTRICTIONS AND CONDITIONS STRAWBRIDGE COMMONS CONDOMINIUM ASSOCIATION,INC. CHARLES B.HAYES TO(PROFFERED COVENANTS,RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 23rd day of January, 2024, by and between STRAWBRIDGE COMMONS CONDONIINIITM ASSOCIATION, INC. and CHARLES B. HAYES, Grantors; and THE CITY OF VIRGINIA BEACH;a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor Strawbridge Commons Condominium Association, Inc. is the owner of the land and common elements and Grantor Charles B. Hayes is the owner of the structure comprising Unit I I I within that business condominium located in the City of Virginia Beach,Virginia,as described in Exhibit"A"attached hereto and incorporated herein by reference, which is referred to herein as the"Property';and WHEREAS, Grantors' predecessor in title and Grantee are parties to a previous Proffer Agreement dated September 27, 1993 recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia (the "Clerk's 0 tce") in Deed Book 3297 at Page 65 (the "Proffer Agreement")and to a Modified Proffer Agreement dated January 28,20029 recorded in the Clerk's Office as Instrument Number 20090313000264880 (the 2009 Modified Proffers) in connection with and as a condition of the rezoning of the Property described on Exhibit A attached hereto from 0-2 Office District to conditional B-2 Business District; and WHEREAS, the Grantors have initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to modify conditions to the Zoning Classification of the Property;and WHEREAS, the Grantors have requested Grantee to permit this modification of the previously proffered 2009 Modified Proffers to reflect amendments applicable to the land use plan on the Property; and GPIN: 2404-97-7494-0111 Primed by: Kevin M.Brunick,Esq.(VSB#18826) 2101 Parks Avenue,Suite 500 Virginia Beach,VA 23451 1 WHEREAS, it is the intent of the Grantors that the proffered covenant, restriction and condition contained herein shall modify Proffer numbered 8 in the 1993 original proffer agreement and proffer numbered 1 in the 2009 Modified Proffer Agreement; and WHEREAS,the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantors' proposed modification of conditions to the zoning gives rise;and WHEREAS,the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee,as a part of the proposed modification to the existing zoning conditions with respect to the Property,the following reasonable conditions related to the physical development,operation,and use of the Property to be adopted,which conditions have a reasonable relation to the proposed modification and the need for which is generated by the proposed modification. NOW, THEREFORE, the Grantors, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid -quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following amendment to the Covenants, Conditions and Restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors,personal representatives,assigns, grantees, and other successors in interest or title: l. Proffer numbered 8 in the 1993 original proffer agreement and proffer numbered 1 in the 2009 Modified Proffer Agreement are hereby amended to read as follows: The B-2 Business District uses available to Unit 111 shall be as follows: (i)The retail sale of violins,violin components and other musical instruments; (ii)The repair of violins and other musical instruments; (iii)The provision of violin lessons and lessons involving other musical instruments; (iv)The sale to customers of the violin shop of coffee,tea, other non-alcoholic drinks and 2 food items. (v) Uses permitted and conditioned in the 0-2 Office District Zoning, which are also uses permitted and conditioned in the B-2 District. 2. Except as modified herein, with respect to the Property, all of the proffers,covenants, restrictions and conditions set forth in the Original 1993 Proffers (Deed Book 3297 Page 65) and amended 2009 Proffers (Recorded Instrument # 20090313000264880) are ratified, affirmed and remain binding upon the Property and upon any party holding title under,by or through the Grantor.. The above conditions, having been proffered, ratified and affirmed by the Grantors 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 Grantors covenants and agree that: (1) The Zoning Administrator of the City of Virginia Beach,Virginia,shall be vested with all necessary authority,on behalf of the governing body of the City of Virginia Beach,Virginia,to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b)to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit,or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions,the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and 3 (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 ofthe Grantors and the Grantee. WITNESS the following signature and seal: Grantor: STRAWBRIDGE COMMONS CONDOMINIUM ASSOCIATION, INC. By: C\��— ILA A Jor Heijermans, sident STATE OF VIRGINIA CITY OF VIRGMIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of\1CtA U c`� _ 2024, by Jordan Heijermans, in his capacity as President of the Strawbridge Commons CoAdominium Association, Inc, Grantor. Notary Public ' My Commission Expires: C)C ZAP Notary Registration Number: `l?9'17?S KEVIN MICHAEL BRUNICK NOTARY PUBLIC REGISTRATION#7981795 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES JUNE 30,2026 4 Grantor: (J�m& B A�� - Charles B.Hayes STATE OF VIRGR41A CITY OF VIRGINIA BEACH, to-wit: _ The foregoing instrument was acknowledged before me this' day of J a n u a r y 2024, by Charles B. Hayes, Grantor. No Public My Commission Expires: . a � Notary Registration NumbW Ml rf"�5r KEVIN MICHAEL BRUNICK NOTARY PUBLIC REGISTRATION#7981795 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES JUNE 30,2026 5 EXHIBIT A LEGAL DESCRIPTION All that certain condominium being known, numbered and designated as Unit No. 111 in the commercial condominium known as "Strawbridge Commons Condominium", located in the City of Virginia Beach,Virginia,designated and described in the Declaration made by Williams Mullen, establishing a plan for condominium ownership of that building and the land on which it is created (to which Declaration reference is hereby made for a more particular description thereof), and which Declaration is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia as Instrument No. 200700075289, and the amendments thereto recorded as Instrument Nos. 201200081456 and 201500013712,together with the undivided interest in the common areas and facilities described therein to be appurtenant to said Unit. Reference is hereby made to Map Book 240, at Page 22 and to Instrument No. 201500013711 for a more particular description of said property. R10 B2'B2 RSD R10 R5D ti 5 B 1 A BI R20 R20 B1AB1A lad ti �GG / , o 02 02 02 02 D\ AG1 AG1 Daolin Dong & Jiayin Wang N Site 2180 McComas Way, Suite 111 W 01 -E ® s Property_Polygons Zoning Feet F--] Building 0 3060 120 180 240 300 360 62 ITEM— VI.K.3 PLANNING ITEMS ITEM#7542 7 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council APPROVED, AS CONDITIONED, BY CONSENT, application of VIRGINIA WESLEYAN UNIVERSITYfor a Conditional Use Permit re Museum at 5817 Wesleyan Drive DISTRICT 4 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA VIRGINIA WESLEYAN UNIVERSITYfor a Conditional Use Permit re Museum at 5817 Wesleyan Drive(GPIN 1468032646)DISTRICT 4 The following conditions shall be required: 1. When the site is developed, it shall be in substantial conformance with the submitted Conceptual Site Plan exhibit entitled "VMOCA at Virginia Wesleyan University, SHEET L1.0—Landscape Site Plan",prepared by TYMOFF+MOSS Architects, dated February 2, 2024 which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 2. A Landscape Plan shall be submitted at the time of final site plan review reflective of the location and plant material depicted on Conceptual Landscape Plans entitled "VMOCA at Virginia Wesleyan University, SHEET L2.0 — Landscape Plan" & "VMOCA at Virginia Wesleyan University, SHEET L4.0 — Planting Plan - Building", prepared by TYMOFF+MOSS Architects, dated February 2, 2024 which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. The exterior of the proposed building shall substantially adhere in appearance, size, color, and materials to the elevations depicted on pages 10 & 11 of this report, which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. The maximum building height shall not exceed forty-one(41) feet in height. 4. All on-site signage shall meet the requirements and regulations of the Zoning Ordinance, unless otherwise approved by the Board of Zoning Appeals. A separate permit from the Department of Planning and Community Development is required for all signage installed on the site. 5. The sign package to include all proposed signage associated with the museum shall be submitted to the Planning Director for review and approval prior to the issuance of a sign permit. March 19, 2024 63 ITEM— VIX 3 PLANNING ITEMS ITEM#75427 (Continued) 6. The applicant shall obtain all necessary permits and inspections from the Department of Planning & Community Development Permits and Inspections Division, the Health Department,and the Fire Department. The applicant shall obtain a Certificate of Occupancy from the Building Official's Office prior to commencing operation. 7. The maximum number of individuals within the facility shall not exceed the maximum number as required by applicable building codes, noted on the Certificate of Occupancy, and posted by the Fire Marshal. 8. Prior to final site plan approval, a Lighting Plan in accordance with Sections 252 and 254 of the Zoning Ordinance, or as amended, shall be approved by the Department of Planning and Community Development. 9. The Virginia Museum of Cultural Arts (VMOCA) may be permitted to have up to eight (8) Special Events per calendar year. 10. Prior to each Special Event, the applicant shall contact the Special Events Office and all appropriate City agencies as required including the Fire Marshal Bureau, Police Department, Commissioner of Revenue, Department of Planning and Community Development-Zoning Division, and the Health Department. 11. All Special Events associated with the Virginia Museum of Contemporary Art (VMOCA) shall cease operation by 11:00 p.m. 12. During Special Events, no less than one trash receptacle per 1,000 square feet of area shall be provided.All trash receptacles shall be emptied regularly so as not to overflow, and litter and debris shall not be allowed to accumulate. This Ordinance shall be effective in accordance with Section 10769 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia,on the 19'day ofMarch Two Thousand Twenty Four. Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara M. Henley,David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Chris Taylor March 19, 2024 �.-..�►\NO e I � _pry �` ��Tw �r��► � w • ~ 1 � t 1 ���!�� - •vv. •+,;,- ems, �` .' �"'.�¢• v,�.�`.♦ e v�" n��.rw jam, i i o ��t `� � e • �ltt1<<iC�c I ' • pJ. �,.y 6,. C-.v MlOAo IF HIM PON • rr ♦• ° .� •• ` d,{{,,•'gip•', fy �► • Y��� e ° lJ � ' i • L s rj#r?,� .,^•`M... a \\�- �.�,: •.-� ::,';., 1 1:11 •11 •11 11 11 :11 64 ITEM— VI.K.4 PLANNING ITEMS ITEM#75428 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council APPROVED, AS CONDITIONED, BY CONSENT, application of YURVIN JUAN MORALES LOPEZ / FREEDOM LAND INVESTMENT,LLC for a Conditional Use Permit re open air market at 5070 Virginia Beach Boulevard DISTRICT 4 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA YURVIN JUAN MORALES LOPEZ / FREEDOM LAND INVESTMENT,LLCfor a Conditional Use Permit re open air market at 5070 Virginia Beach Boulevard(GPIN 1467960131)DISTRICT 4 The following conditions shall be required: 1. Unless otherwise authorized by the Zoning Ordinance, the Open-Air Market shall be limited to one food truck. 2. All trash receptacles shall be emptied regularly as to not overflow, and litter and debris shall not be allowed to accumulate. 3. The food truck shall be stored onsite within the striped parking spaces of the existing business when the food truck is not in operation. The food truck shall not obstruct the drive aisle or fire lanes. This Ordinance shall be effective in accordance with Section 107(t)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 19`h day of March Two Thousand Twenty Four. Voting: 10-0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley,David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Chris Taylor March 19, 2024 _ O ( I a R7-5; 0 R7- o R7-5 R7:5 B2 B2 a d a� _-� o Ej B'2 B2 as ❑ V.t-A : ,� R715, C] R7i .5 0 a - - - � R7 5 5 ca ❑❑ o o ❑ ❑ B2 �. . Broad Stre_et� A24A24 B2 B2 ��. � � B2 B2 Yurvin Juan Morales Lopez N Site 5070 Virginia Beach Boulevard W� ,E ® s Property_Polygons Zoning Feet Building 0 30 60 120 180 240 300 360 65 ITEM— VI.K.5 PLANNING ITEMS ITEM#75429 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council APPROVED,AS CONDITIONED,BY CONSENT,application of GEORGE CUTULLE/GEORGE JOSEPH CUTULLE & VIVIENNE MARY CUTULLE for a Conditional Use Permit re residential kennel at 2760 Mulberry Loop DISTRICT 5 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA GEORGE CUTULLE/GEORGE JOSEPH CUTULLE& VIVIENNE MARY CUTULLE for a Conditional Use Permit re residential kennel at 2760 Mulberry Loop(GPIN 2405215708)DISTRICT 5 The following conditions shall be required: 1. All animal waste from the dogs shall be collected and disposed of in a lawful manner on a weekly basis. 2. The applicant shall ensure that all dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. 3. There shall be no breeding of dogs on the site. 4. Day Care, Training, and Boarding services for monetary consumption are not permitted on this site. 5. No more than four(4) dogs shall be permitted to be outdoors at one time and the dogs shall remain under the supervision of the caretaker at all times and shall not be a nuisance to any other property owners or residents. 6. There shall be no more than six(6)adult dogs on site. This Ordinance shall be effective in accordance with Section 107(t) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 19`h day ofMarch Two Thousand Twenty Four. Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. `Joash" Schulman, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Chris Taylor March 19, 2024 R20 R20 0 0 El i st Lit berry boo .c - _ --`R10 _ _ p R 1.0 dge __-- 1�0° 1 .R1'0 0� R10 � \ R.1:0 �Rtf 10 George Cutulle N ® Site 2760 Mulberry Loop W E s Property_Polygons Zoning j Feet �� Building 0 2040 80 120 160 200 240 66 ITEM— VIX 6 PLANNING ITEMS ITEM#75430 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council APPROVED, AS CONDITIONED, BY CONSENT, application of BRANDON SHAW for a Conditional Use Permit re home occupation—retail sales at 2076 Mason Neck Lane DISTRICT 7 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA BRANDON SHA Wfor a Conditional Use Permit re home occupation— retail sales at 2076 Mason Neck Lane(GPIN 1454694387)DISTRICT 7 The following conditions shall be required: 1. Any firearm or firearm parts kept on the property shall be stored in a locked, secured vault or similar container. The applicant shall contact the Police Department's Crime Prevention Office to arrange for a meeting at the property for the purpose of conducting a security assessment within one (1) month of the granting of this Conditional Use Permit. A report shall be written by the Police Department, with a copy provided to the applicant, the Planning Department, and a copy retained by the Police Department. 2. The applicant shall obtain and maintain a Federal Firearms License (FFL) through the Bureau of Alcohol, Tobacco, Firearm and Explosives(ATF)in order to conduct business. 3. All small arms ammunition,primers, smokeless propellants, and black powder propellants stored or awaiting transfer at the residence shall comply with Section 3306 of the Virginia Statewide Fire Prevention Code and NFPA 495. 4. There shall be no sign identifying the business on the exterior of any building on the property or within the yard of the property. 5. There shall be no hand-to-hand transactions permitted from this residence.All sales shall be conducted online. 6. Delivery of firearms to the property shall be received on the applicant's property only, secured by the applicant's signature. 7. The use shall not create noise, dust, vibration, smell, glare, electrical interference, fire hazard, or any other hazard or nuisance to any greater or more frequent extent than would normally be expected in the neighborhood under normal circumstances wherein no home occupation exists. 8. No more than twenty (20)percent of the floor area of the dwelling unit shall be used in conduct of the activity. In addition, all activities related to the proposed Home Occupation shall only be conducted inside the 299 square foot office on the property. 9. There shall be only one(1)employee associated with this home-based business. March 19, 2024 67 ITEM— VI.L6 PLANNING ITEMS ITEM#75430 (Continued) This Ordinance shall be effective in accordance with Section 107(fl of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia,on the 19`"day ofMarch Two Thousand Twenty Four. Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara M. Henley,David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Chris Taylor March 19, 2024 A�12 Al2 a 4t- Q) '` R'5D R5D r` Brandon Shaw N Site 2076 Mason Neck Lane W E ® s _ Property_Polygons Zoning Feet �� Building 0 510 20 30 40 50 60 68 ITEM— VI X 7 PLANNING ITEMS ITEM#75431 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council APPROVED, AS CONDITIONED, BY CONSENT, application of SIREN ARTS STUDIO / RT VIRGINIA HOLDINGS,LLCfor a Conditional Use Permit re tattoo parlor and body piercing establishment at 1423 North Great Neck Road, Suite 105A DISTRICT 8 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINL4 SIREN ARTS STUDIO / RT VIRGINIA HOLDINGS, LLC for a Conditional Use Permit re tattoo parlor and body piercing establishment at 1423 North Great Neck Road, Suite 105A (GPIN 2408184833) DISTRICT 8 The following conditions shall be required: L Business licenses for the Tattoo Parlor and Body Piercing Establishment shall not be issued to the applicant without the approval of the Health Department to ensure compliance with the provisions of Chapters 23-51 and 23-53.1 of the City Code, or as amended. 2. The actual application of tattoos and/or body piercing shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance(CZO), and there shall be no neon, electronic display or similar signage installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Department of Planning& Community Development for the installation of any new signs. This Ordinance shall be effective in accordance with Section 10769 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia,on the 19h day of March Two Thousand Twenty Four. Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley,David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Chris Taylor March 19, 2024 © R10 QQ R1,0 B2 B2 0 R10 R10,-'6 00, � El B2 B2 d O � ` R20--R20 0 ., B2 B2 0 0 f R1'0 Siren Arts Studio N ® Site 1423 Great Neck Road, Suite 105A W E s Property_Polygons QZoning Feet �� Building 0 3060 120 180 240 300 360 69 ITEM— VI.K.8 PLANNING ITEMS ITEM#75432 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council APPROVED, AS CONDITIONED,BY CONSENT,application of CECILIA M.PA TTERSONIROCKYLLCfor a Conditional Use Permit re tattoo parlor at 3920 Virginia Beach Boulevard DISTRICT 8 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA CECILIA M.PATTERSONIROCKYLLCfor a Conditional Use Permit re tattoo parlor at 3920 Virginia Beach Boulevard(GPIN 1487240595)DISTRICT 8 The following conditions shall be required: L A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure compliance with the provisions of Chapter 23- 51 of the City Code. 2. The actual application of tattoos shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 3. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance(CZO), and there shall be no neon, electronic display or similar signage installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Department of Planning& Community Development for the installation of any new signs. This Ordinance shall be effective in accordance with Section 10769 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 19`I'day of March Two Thousand Twenty Four. Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara M. Henley,David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. `Joash" Schulman, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Chris Taylor March 19, 2024 i �k7.5 RT- M.o .G R5D R5 D o may` R7%5 _� B2 � R7.5,, B2 B2 V• aB B2 B2 �� U/e Va \ \. ra f B2 B2 Cecilia M. Patterson N ® Site 3920 Virginia Beach Boulevard w E s 1 Property_Polygons Zoning 077=Feet F-7 Building 0 2040 80 120 160 200 240 70 ITEM— VI.IC 9 PLANNING ITEMS ITEM#75433 Upon motion by Vice Mayor Wilson,seconded by Council Member Rouse, City Council APPROVED, AS CONDITIONED, BY CONSENT, application of 915C PACIFIC, LLC for a Conditional Use Permit re short term rental at 915 Pacific Avenue Unit C DISTRICT 5 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA 915C PACIFIC,LLC for a Conditional Use Permit re short term rental at 915 Pacific Avenue Unit C(GPIN 2 42 72 4441110 75)DISTRICT 5 The following conditions shall be required.' 1. The following conditions shall only apply to the dwelling unit addressed as 915 Pacific Avenue, Unit C, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short- Term Rental purposes. 3. The dwelling unit shall comply with all required Fire and Building code requirements. 4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii) of the City Zoning Ordinance(CZO) or as approved by City Council. 5. This Conditional Use Permit shall expire five(5)years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department;however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number ofpeople who may stay overnight(number of bedrooms times two(2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one(1)hour. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notes the new property owner of requirements `a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6)months of the property real estate transaction closing date. March 19, 2024 71 ITEM— VIX 9 PLANNING ITEMS ITEM#75433 (Continued) a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least$1- Million. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28 (solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each short term rental shall have one(I)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least$1-Million underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers') shall be two (2) individuals per bedroom, which number shall not include minors under the age of sixteen (16),provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three (3). March 19, 2024 72 ITEM— 1/7 K.9 PLANNING ITEMS ITEM#75433 (Continued) 18. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one (1)fire extinguisher has been installed inside the unit(in the kitchen) and in plain sight 2)Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one (1) smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve (12) months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect)and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. This Ordinance shall be effective in accordance with Section 107(t)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 19`h day of March Two Thousand Twenty Four. March 19, 2024 73 ITEM— VI.K9 PLANNING ITEMS ITEM#75433 (Continued) Voting: 10-0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M. Dyer, Barbara M.Henley,David Hutcheson, Robert W "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Chris Taylor March 19, 2024 1 OR 0 n OR OR OR OR 5S R5_S -eet R5,Sem OR �O�h Str- _ � R5S OR R5S . R5S O� OR A18A18 tD p�R OR OF OR c� 3 or�ob —q venue 90 R �3-_RT _r. ,o -RT3 RT3 0 �• � � R5S, OR OR � R5S R5S 74 � f tD c� oR OR 915C Pacific LLC N Site 915 Pacific Avenue, Unit C W E ® s Property_Polygons Zoning Feet �� Building 0 3060 120 180 240 300 360 74 ITEM— VI.K.IO PLANNING ITEMS ITEM#75434 Upon motion by Vice Mayor Wilson, seconded by Council Member Rouse, City Council APPROVED,AS CONDITIONED, BY CONSENT, application of MARIBEL JOA I MARIBEL JOA & COURTNEYA. CURRIE for a Conditional Use Permit for a short term rental at 304 281h Street, Unit 211 DISTRICT 6 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA MARIBEL JOA I MARIBEL JOA & COURTNEYA. CURRIE for a Conditional Use Permit for a short term rental at 304 28fh Street, Unit 211 (GPIN 24280028662011)DISTRICT 6 The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 304 28`h St, Unit 211, and the Short Term Rental use shall only occur in the principal structure. 2. An annual (yearly) STR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short- Term Rental purposes. 3. The dwelling unit shall comply with all required Fire and Building code requirements. 4. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii)of the City Zoning Ordinance(CZO)or as approved by City Council. S. This Conditional Use Permit shall expire five(5)years from the date of approval. The renewal process of this Conditional Use Permit may be administrative and performed by the Planning Department; however, the Planning Department shall notify the City Council in writing prior to the renewal of any Conditional Use Permit for a Short Term Rental where the Short Term Rental has been the subject of neighborhood complaints, violations of its conditions or violations of any building, housing,zoning,fire or other similar codes. 6. No events associated with the Short Term Rental shall be permitted with more than the allowed number ofpeople who may stay overnight(number of bedrooms times two(2))on the property where the Short Term Rental is located. This Short Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 7. The owner or operator must provide the name and telephone number of a responsible person, who may be the owner, operator or an agent of the owner or operator, who is available to be contacted and to address conditions occurring at the Short Term Rental within thirty (30) minutes and to be physical present at the Short Term Rental within one(1)hour. 8. If, or when, the ownership of the property changes, it is the seller's responsibility to notes the new property owner of requirements `a' through `c' below. This information must be submitted to the Planning Department for review and approval. This shall be done within six (6)months of the property real estate transaction closing date. March 19, 2024 75 ITEM— VI.K.10 PLANNING ITEMS ITEM#75434 (Continued) a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least$1- Million. 9. To the extent permitted by state law, each Short Term Rental must maintain registration with the Commissioner of Revenue's Office and pay all applicable taxes. 10. There shall be posted in a conspicuous place within the dwelling a summary provided by the Zoning Administrator of City Code Sections 23-69 through 23-71 (noise), 31-26, 31-27 and 31-28(solid waste collection), 12-5 (fires on the beach), 12-43.2 (fireworks), and a copy of any approved parking plan. 11. All refuse shall be placed in automated refuse receptacles, where provided, and comply with the requirements of City Code sections 31-26, 31-27 and 31-28. 12. Accessory structures shall not be used or occupied as Short Term Rentals. 13. No signage shall be on-site, except that each short term rental shall have one(1)four-square foot sign posted on the building, or other permanent structure or location approved by the Zoning Administrator, that identifies the property as a short term rental and provides the telephone numbers for the Short Term Rental Hotlines in text large enough to be read from the public street. 14. The Short Term Rental shall have no more than one (1) rental contract for every seven (7) consecutive days. 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least$1-Million underwritten by insurers acceptable to the City. 16. There shall be no outdoor amplified sound after 10:00 p.m. or before 10:00 a.m. 17. The maximum number of persons on the property after 11:00 p.m. and before 7:00 a.m. ("Overnight Lodgers') shall be two (2) individuals per bedroom, which number shall not include minors under the age of sixteen (16),provided that in no case may the total number of persons staying overnight at the property exceed the number of approved bedrooms multiplied by three(3). March 19, 2024 76 ITEM— VI.K.10 PLANNING ITEMS ITEM#75434 (Continued) 18. The property owner, or their representative, shall provide to the City Planning Department permission to inspect the Short Term Rental property annually. Such inspection shall include: 1)At least one (])fire extinguisher has been installed inside the unit(in the kitchen) and in plain sight 2)Smoke alarms and carbon monoxide detectors are installed in accordance with the building code in effect at the of construction and interconnected. Units constructed prior to interconnection requirements must have a minimum of one (1) smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve (12) months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 19. A structural safety inspection report shall be provided to the city every three (3) years indicating all exterior stairways, decks, porches, and balconies have been inspected by a licensed design professional qualified to perform such inspection (engineer or architect)and are safe for use. The report must indicate the maximum number of occupants permitted on each level of these structures and placards indicating the maximum number of occupants of all exterior stairways, decks, porches, and balconies must be posted on each level of these structures. This Ordinance shall be effective in accordance with Section 107f of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 19`"day of March Two Thousand Twenty Four. March 19, 2024 77 ITEM— VULIO PLANNING ITEMS ITEM#75434 (Continued) Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley,David Hutcheson, Robert W "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Chris Taylor March 19, 2024 e O R O R � O R �• treet O R _ _ --- zBth S OR OR OR ol oz y OR � R C) 0 O r y Al2 Al2 A36\\,A36 ��, A 12 0 `�, Street C? -� 2?th OR R5S R5S ❑ ' o--" _ _ _� �__-A.�-2, O R O R Maribel Joa N 304 28th Street, Unit 211 w E Site® s Property—Polygons Zoning Feet ❑❑ Building 0 1530 60 90 120 150 180 78 ITEM— V1 L APPOINTMENTS ITEM#75435 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: 90 DAY FESTIVAL TASK FORCE ADVERTISING ADVISORY COMMITTEE BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY POLICY AND MANAGEMENT TEAM COMMUNITY SERVICES BOARD HEALTH SERVICES AD VISOR Y BOARD PERSONNEL BOARD SHORT TERM RENTAL ENFORCEMENT TASK FORCE March 19, 2024 79 ITEM— VI.L APPOINTMENTS ITEM#75436 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: MICHAEL ANDERSON (Planning Commission) Unexpired term thru 212812026 GREEN RIBBON COMMITTEE Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley,David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Chris Taylor March 19, 2024 80 ITEM— VI.L APPOINTMENTS ITEM#7543 7 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: KEVINKEMP (Planning Department) Unexpired term 913012025 HOUSING ADVISORY BOARD Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara M. Henley,David Hutcheson, Robert W. "Worth" Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. `Joash" Schulman, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Chris Taylor March 19, 2024 81 ITEM— 1/7 L APPOINTMENTS ITEM#75438 Upon NOMINATION by Vice Mayor Wilson, City Council REAPPOINTED: CORINNA CRAVER JOE JACILSON JAMES LEACH Three year term 51112024—413012027 INDEPENDENT CITIZEN REVIEW BOARD Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley,David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Chris Taylor March 19, 2024 82 ITEM— VI.L APPOINTMENTS ITEM#75439 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: CYNTHIA TERRY Unexpired thru 1013112024 Plus two year term 111112024—1013112026 MINORITY BUSINESS COUNCIL Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley,David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Chris Taylor March 19, 2024 83 ITEM— VI.L APPOINTMENTS ITEM#75440 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: LANITHA HUDSON (Full Member—Merit Service Employee) Three year term 311912024-212812027 PERSONNEL BOARD Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M. Henley,David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Chris Taylor March 19, 2024 84 ITEM— VI.L APPOINTMENTS ITEM#75441 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: BARBARA BOOKER-WILLIAMS Unexpired term thru 513112026 SENIOR SERVICES OF SOUTHEASTERN VIRGINIA BOARD Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M.Henley,David Hutcheson, Robert W "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Chris Taylor March 19, 2024 85 ITEM— VI.L APPOINTMENTS ITEM#75442 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: KIMBERLYDENTON NANCYPARKER No Term SHORT TERM RENTAL ENFORCEMENT TASK FORCE Voting: 10-0 Council Members Voting Aye: Michael F.Berlucchi,Mayor Robert M. Dyer, Barbara M.Henley,David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Chris Taylor March 19, 2024 86 ITEM— VI.L APPOINTMENTS ITEM#75443 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: DONN LEE JESSICA WINDISH PAUL MERRITT Three year term 311912024—212812027 TRANSITIONAREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE Voting: 10-0 Council Members Voting Aye: Michael F.Berlucchi, Mayor Robert M. Dyer, Barbara M.Henley,David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Chris Taylor March 19, 2024 87 ITEM— V1 L APPOINTMENTS ITEM#75444 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED: HERMAN VALENTINE (Minority Business Council) Unexpired term thru 1213112025 VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M.Dyer, Barbara M.Henley,David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Chris Taylor March 19, 2024 88 ITEM— VI.L APPOINTMENTS ITEM#75445 Upon NOMINATION by Vice Mayor Wilson, City Council APPOINTED CITY COUNCIL LIAISONS. JENNIFER ROUSE COMMUNITY SERVICES BOARD DR.AMELIA ROSS-HAMMOND MILITARYECONOMIC DEVELOPMENT ADVISORY COMMITTEE Voting: 10-0 Council Members Voting Aye: Michael F. Berlucchi,Mayor Robert M. Dyer, Barbara M.Henley,David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: Chris Taylor March 19, 2024 89 ADJOURNMENT ITEM#75446 Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 7.33 P.M. 6 T eg. ius Chief Deputy City Clerk r� AmaW Barnes,MMd Robert M. Dyer City Clerk Mayor City of Virginia Beach Virginia March 19, 2024