No preview available
HomeMy WebLinkAboutMAY 21, 2024 FORMAL SESSION MINUTES 1N�.BE�, <Us ty o;'9rs �4�60G OF OUR .0,W) VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia MAY21,2024 Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in the City Council Conference Room, Tuesday, May 21, 2024 at 1:30 P.M. Council Members Present: Mayor Robert M.Dyer, Barbara M. Henley,David Hutcheson, Robert W. "Worth"Remick, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi-Ill Dr.Amelia N. Ross-Hammond— Virginia Transit Association Annual Conference Vice Mayor Rosemary Wilson—Family Vacation O�NIA-$FAc 4 O� �. v City of Vi rgi ni a Beach o� er 99�5 �p OUR NAT 0 virginiabeach.gov DR.AMELIA N.ROSS-HAMMOND CELL:(757)840-0735 COUNCIL MEMBER EMAIL:arosshammond(dvbaov.com DISTRICT 4 May 17, 2024 HONORABLE MAYOR MEMBERS OF CITY COUNCIL Dear Colleagues, I will not be in attendance at the City Council meeting on Tuesday, May 21, 2024. As you know, I am the Vice President of the Virginia Transit Association. I will be attending the 2024 VTA Conference and Bus Expo on May 22nd—23'd in Harrisonburg, Virginia. Thank you for your understanding. Sincerely, AM Dr. Amelia Ross-Hammond Council Member-District 4 Cc: City Clerk City Attorney City Manager FOIA Officer 2401 COURTHOUSE DRIVE,SUITE 2116,VIRGINIA BEACH,VIRGINIA 23456 GIN�' BEA City of �Ti rgini a B each of OUR NAI""a virginiabeach.gov ROSEMARY WILSON PHONE:(757)422-0733 VICE MAYOR RCWiIsonCa vbaov.com COUNCIL MEMBER-DISTRICT 5 May 17, 2024 HONORABLE MAYOR MEMBERS OF CITY COUNCIL Dear Colleagues, I will be out of town on family vacation and unable to attend the City Council meeting on Tuesday, May 21, 2024. Sincerely, 4-e-Z�T Rosemary Wilson Vice Mayor—District S Cc: City Clerk City Attorney City Manager FOIA Officer 921 ATLANTIC AVENUE,UNIT 502,VIRGINIA BEACH,VIRGINIA 23451 2 CITY COUNCILS BRIEFINGS CANNABIS ADVISORY TASK FORCE UPDATE ITEM#75680 1:01 P.M. Mayor Dyer welcomed Andrew Lock, Chair— Cannabis Advisory Task Force. Mr. Lock expressed his appreciation to City Council for their continued support: Cannabis Advisory Task Force Briefing May 21,2024 j UTV OF VIRGINIA'onto, BEACH Definitions • Adult Use(AU)—Also known as Recreational Use.The use of cannabis in a non-medicinal manner.AU sales is currently illegal in Virginia Cannabinoids-Cannabinoids are naturally occurring compounds found in the Cannabis Sativa plant.Of over 450 different compounds present in the plant,only 66 are termed cannabinoids.The most well known among these compounds is the delta-9-tetrahydrocannabinol (Delta-9 THC),which is the main psychoactive ingredient in cannabis.Cannabidiol(CBD)is another important compound. • Cannabis Control Authority(CCA)—A state authority authorized to provide oversight of Medical and AU cannabis programs in Virginia • CBD—One of over 100 cannabinoids in hemp and cannabis.CBD is not intoxicating and legal for sale in Virginia • Delta-9 THC(Cannabis)—The intoxicating cannabinoid in hemp and cannabis.Delta-9 THC is legal for medical use only in Virginia • Delta-8 THC and Delta-10 THC(Intoxicating Hemp)—through a relatively simple chemical process,CBD can be used to make Delta-8 and Delta 10.THC,which is intoxicating and illegal in Virginia • Dispensary—A retail establishment licensed by the Commonwealth to sell medical cannabis.Oversight provided by the CCA • Kratom—Is a tropical tree native to Southeast Asia.Consumption of its leaves produces both stimulant effects(in low dosages)and sedative effects(in high doses),and can lead to psychotic symptoms,and psychological and physiological dependence • Medical Use(MU)—Use for treating medical conditions.Requires a practitioner's review and approval,registration by individuals with the Commonwealth.May only buy cannabis at licensed medical dispensaries. • patients—There were approximately 98,000 medical cannabis patients in Virginia as of late 2023 Qualifying Conditions—Unlike some other MU states Virginia does not have a set list of qualifying conditions.Qualifying for a MU is left up to physicians to determine. Referred to in legislation as"Let Doctors Decide" May 21, 2024 3 CITY COUNCILS BRIEFINGS CANNABIS ADVISORY TASK FORCE UPDATE ITEM#75680 (Continued) Here is the Cannabis Advisory Task Force (CATF)Background: Cannabis Advisory Task Force (CATF) Background • Established October 2022 by City Council Resolution • Eighteen members include City Departments,Citizens of Virginia Beach, Commercial Real Estate, Healthcare, Cannabis Industry Representatives, Resort Interests and Councilman Berlucchi • The mission of the Cannabis Advisory Task Force is to serve as a balanced advisory group to City Council regarding cannabis consumption, sale, manufacturing,and cultivation,with respect to public safety,zoning, community, business, and educational concerns. • First year spent standing up Task Force,governance and education of committee members Virginia Cannabis Market and Taxation • According to JLARC(Joint Legislative Audit and Review Commission) June 7, 2021 report: • First year Adult Use(AU)cannabis sales projected between$120 and$206 million • First year tax revenues projected between$37 million and$62 million • Year five cannabis sales projected between$613 million and$1.025 billion • Year five tax revenues projected between$184 million and$308 million • In 2022 Virginia collected$379 million in ABC related taxes • Industry would create between 11,000and 18,000jobs • Current Illegal market estimated to be over$1 Billion annually May 21, 2024 4 CITY COUNCILS BRIEFINGS CANNABIS ADVISORY TASK FORCE UPDATE ITEM#75680 (Continued) The next few slides provide an overview of Virginia Oversight and Regulatory Regime: Virginia Oversight and Regulatory Regime • Cannabis Control Act Approved April 7,2021,effective July 1,2021 • Legalized Medical Marijuana, Home Grow, possession of less than an ounce • Created Cannabis Control Authority(CCA),which began formal oversight of Medical program on January 1,2024 and will have oversight of the Adult Use market if/when enacted. • Adult Use(Recreational)required re-enactment,which did not happen • On March 28,2024 Governor Youngkin vetoed proposed legislation that would have created an Adult Use market in mid-2025 • Surveys show 62%of Virginians are in favor of Adult Use legalization • Earliest timeframe for Adult Use now mid-2026 Cannabis Control Act April 7,2021 Provisions • Licensing at state level • Localities can determine hours and implement zoning and land use rules • Localities can opt out of retail stores by voter referendum • State tax of 21%at retail sale,in addition to standard 6%sales tax. Does not apply to medical dispensary sales. • Localities can impose up to 3%tax on sales to consumers in the municipality • After recovering regulatory costs,state revenue would be allocated to pre- K education for at risk children(40%),a Cannabis Equity Reinvestment Fund(30%),substance abuse treatment and prevention(25%)and public health programs(5%) • Note:Tax rates and other provisions of the CCA could change with subsequent legislation May 21, 2024 5 CITY COUNCILS BRIEFINGS CANNABIS ADVISORY TASK FORCE UPDATE ITEM#75680 (Continued) Cannabis Control Authority (CCA) April 7,2021 Provisions • Charged with: • Establishing the number of and criteria for licenses for Adult Use(AU) retailers(400),wholesalers(25),cultivators(450)and product manufacturers (60). Does not include medical businesses and hemp processors. Also approves testing labs. • Oversight of seed-to-sale tracking,packaging,and labeling—including potency and mandating warning labels. • Rules governing outdoor cultivation,sanitation,testing and advertising • Establish public health and safety guidelines for personal home cultivation, including to protect children and prevent nuisances,including odor. • Oversight and enforcement of market participants • Note:Tax rates and other provisions of the CCA could change with subsequent legislation The next few slides provide the 2023 Crime Statistics Overview: 2023 Crime Statistics Overview Arrest Charges January 1,2023-December 31,2023 Public Consumption/Possession of Marijuana 180 Sale/Distribution of Marijuana 62 -Data is Homicides dynamic and January 1,2023-December 31,2023 subject to change Involving Marijuana 3 *Compiled by Involving Juvenile Offenders/Arrestees 2 VBPD Involving Marijuana and Juveniles 1 Analytical Violent Crime Offenses Services Unit January 1, r23-December 31, r23 *Total 2023 Involving Juvenile Offenders/Arrestees 61 homicides-8 May 21, 2024 6 CITY COUNCILS BRIEFINGS CANNABIS ADVISORY TASK FORCE UPDATE ITEM#75680 (Continued) Statistics Overview: Historical Comparison Arrest Charges 2013 3 Yeer 1010 2033 3012 3033 A Compxed to � 3Yeer Ar Inwlvin MM acne 593 380 <10 185 419.0 h6?% nwlNn MM ueneeM lu I],—re. 83 53 1" W 98.0 -38.t> Homicides 1013 M10 N23 1'M2 ID23 3A. Compa dt, 3 Yeer Av T.W Homisldes 17 1 15 13 Ia 18.3 309% InwlNrg MMJ— I 1 ] 3 3.0 Inwlvl luvaNle OHerMen Arrestees Vlctlms 11 InwIN MM psne erW lVsaNles 1 0 Violent Crime Offenses 3013 1010 301] 1022 2033 3AYex Compered\. 3YeerA iobl Vlolen\Come 56] 582 535 533 5— nwlvl venlle Oltenden/Aneatees/VlNrre 83 ]] 50 150 ]3.3 130.3% •mml:am,mm wa.�nirem�n.�ar compn�a er:vewe r,ase.a.r:umr �, 2023 Marijuana Related Homicides • January 2023-Suspects involved in a marijuana drug deal conspired to rob the dealer of the marijuana. During the incident the dealer was shot and died from his injuries. • January 2023—Subjects from Hampton agreed to meet in Virginia Beach to conduct a marijuana transaction. During the transaction,an argument over money occurred, resulting in the dealer being shot and he died from his injuries. • March 2023-Suspects involved in a marijuana drug deal conspired to rob the dealer of the marijuana. During the incident the dealer was shot and died from his injuries. May 21, 2024 7 CITY COUNCILS BRIEFINGS CANNABIS ADVISORY TASK FORCE UPDATE ITEM#75680 (Continued) Here are the differences between Intoxicating Hemp vs Cannabis: Intoxicating Hemp vs Cannabis • Cannabis—intoxicating compound (cannabinoid) is Delta-9 THC (medically legal in Virginia) • CBD—Non-intoxicating cannabinoid found in hemp and cannabis (legal in Virginia) • Through chemical process hemp derived CBD can be used to make Delta-8 and Delta-10 THC(intoxicating and illegal) • Intoxicating hemp products: • Do not have any regulatory oversight • May be created using potentially harmful chemicals May have other harmful additives • No assurances as to quality of manufacturing practices • Often sold to minors(through local retail establishments,online and other methods) Virginia Beach Public Schools Percentage of Long-Term Suspensions/Expulsions involving Cannabis Related Products • School Year 2014-2015—22% • School Year 2019-2020—25%(On site attendance closed March 13, 2020 due to COVID) • School Year 2023-2024—28%(YTD, 7 weeks remaining) Note that cannabis related products could include cannabis purchased legally through the medical market,cannabis purchased illegally through illicit market,or intoxicating hemp products purchased at retail stores,online or other methods. May 21, 2024 8 CITY COUNCILS BRIEFINGS CANNABIS ADVISORY TASK FORCE UPDATE ITEM#75680 (Continued) This chart provides the number of Health Emergency Department Hisits Among Minors between 2019— 2023: Virginia Department of Health Emergency Department Visits Among Minors Marifua a Adv e r v ., .,1+ An,or,l Or37 yen,,ual..l 1. ��•" ��t,.,,l, ylaf _ Viitr I Rate per 30K CC)Vi.:ts :J39 C�3ti 2020 )j 1: 2023 2o7 2o22 92! 5 09 -- 2029 977 __ — 9.69 Otil»led»,a ar,nwa an inrreaae a,genry rnn,„viail,. involvinq M1nOra end cannabla.(Source:Vlrglnie Ue(nrtMenl of Health) • Note:VDH has set up a"surveillance system"to better characterize the burden and impact of adverse impacts due to THC and CBD consumption on children in the Commonwealth • Note:Pediatric visits declined 21.5%in second half of 2023 compared to first half of 2023,which coincides with new regulations on hemp derived products going into effect on July 1,2023 Dispensaries vs CBD/Vape Shops Licensed Medical Dispensary CBD/Vape Retailer i May 21, 2024 9 CITY COUNCILS BRIEFINGS CANNABIS ADVISORY TASK FORCE UPDATE ITEM#75680 (Continued) Medical vs Unregulated Retail Medical Unregulated(CBD/Vape Shops) • Must be licensed and subject to oversight and No licensing or oversight of CBD retailers enforcement by the CCA No registration with state • Patients must have valid written certification from tV rewired to check ID No security a practitioner 4 • Security Checks ID before entry granted No prohibition on image displays • No display of cannabis images No prohibition on attracting minors • No attraction to minors under 18(packaging or May give away product or free samples advertising) No prohibition on loitering • No giveaways or free samples Are known to sell illict market cannabis • No loitering • Note:Not all CBD shops are bad actors,but man bad actors use Virginia Code:18VAC110-60-215 The unregulated elated naturont for re the vape/CBD hemp du t y go I callowbfor egu p industry d es a bad actors. Medical vs Unregulated Delivery Medical Unregulated 7 .rig�""""`.•._,`. ::; .i ( I ( tIr May 21, 2024 10 CITY COUNCIL'S BRIEFINGS CANNABIS ADVISORY TASK FORCE UPDATE ITEM#75680 (Continued) Products Licensed Medical Dispensary CBD/Vape Retailer/Online Wedy 00 • _ Here are the Recommendations: Recommendations • As Adult Use sales do not appear to be imminent,continue to monitor— even when law does change expect at least a six-month gear up period • Consider increased monitoring and enforcement of CBD/Vape shops that are selling intoxicating hemp products. Potentially partner with the Virginia Department of Health, Dept of Agriculture Office of Hemp Enforcement and Virginia State Police in their Education and Enforcement Efforts • Consider initiation/changes/improvements to: • Parental education programs • School Substance Abuse Intervention Programs(SAIPs) • Use of non-law enforcement personnel as School Resource Officers(SROs) • Use of different technologies for delivering education materials • City outreach and education programs Mayor Dyer expressed his appreciation to Mr.Lock for the presentation. May 21, 2024 11 CITY COUNCIL'S BRIEFINGS VDOT LASKIN ROAD UPDATE ITEM#75681 1:22 P.M. Mayor Dyer welcomed Chris Hall, Hampton Roads District Engineer— VDOT. Mr. Hall expressed his appreciation to City Council for their continued support: OT LASKIN ROAD BRIDGE REPLACEMENT AND WIDENING PROJECT SCHEDULE UPDATE Christopher Hall, P.E. May 21, 2024 VDOT Hampton Roads District Engineer May 21, 2024 12 CITY COUNCILS BRIEFINGS VDOT LASKIN ROAD UPDATE ITEM#75681 (Continued) The next two (2) slides provide details of the Project: AccelerationNew New Milestone Incentive to Expedite High-Impact Sections of Project: Laskin Road from Republic Road to y Hilltop North Shopping Center ;s First Colonial Road from Laurel Lane to 1-264 I.d qnM � s>x Work to Complete by Nov 2024: a Roadway, Median,Curb and Gutter, ik 1 Business Entrances,Sanitary and Storm Sewer Utility Work,and � ", Traffic Signals \vDQT Virginia Department of Transportation Final Work After Expedited Portion Complete Remaining Work to Complete by Spring 2025: Replacement of Eastbound Bridge over Linkhorn Bay Eastern Section of Project Corridor (Roadway, Curb& Gutter, Utilities, Business Entrances, Signal Work) ' Median Lighting for Entirety of f" Project Corridor Updated Overall Fixed Contract Completion Date: Final Completion:April 2025 \V00T Virginia Department of Transportation 4 May 21, 2024 13 CITY CO UNCIL'S BRIEFINGS VDOT LASKINROAD UPDATE ITEM#75681 (Continued) OT ,. Mayor Dyer expressed his appreciation to Mr. Hall for the presentation. May 21, 2024 14 CITY COUNCILS BRIEFINGS INTERSTATE-2641INDEPENDENCE BOULEVARD INTERCHANGE UPDATE ITEM#75682 1:33 P.M. Mayor Dyer welcomed David Jarman, Transportation Division Manager—Public Works. Mr. Jarman expressed his appreciation to City Council for their continued support and distributed copies of the presentation, attached hereto and made a part of the record. Mayor Dyer expressed his appreciation to Mr.Jarman for the presentation. May 21, 2024 k •r Ai- • 1 - 264/ Independence Blvd Interchange Improvements City Council Briefing May 21, 2024 CITY OF David Jarman, P.E. VIRGINIA Transportation Division Manager .ter''' BEACH Public Works/Engineering Agenda • Project Location & History • Project Purpose and Need • Previous Studies Preferred Alternative ] • VDOT STARS Program k t • VDOT STARS Project 3 .. Alternatives Comparison ' • Looking Ahead a.� z . O N Ot _ /far NT O (D o ::-Independence Blvd \.A�t 'Rosemont Rd I-ynnhaven pkwy . p Great N . fi eck Rd C W --��- rirri{�� `���crC�►— ; 'r�,�`f111� 1�:�.�rc�s�tt,ct'� - • • • Exrf EXIT 1 Gx12 G>r iT{ Gf144 % :«:e�JL:K NO:GNPrri .n rNYrI wGA:.«MI III f��.__ - I'.•p•xL wrlar" �` i.taK IN gOa6 1'a KAe4 Q04n 40CpElw�a- E Mf.G Au e1RDKEc" e• 44 44 , A toll locibty constructed and operated by The Virginia Department c# Highways anin, NAa.I Stted line.•65 cTh WEIUC.C. TOLLL aC.l l 3Ark ,y )W ko ITAMC lights n1 alys=ags bAr sr i:onhoord accessi l AIR Qah nt SM In 11 r,$a Aat rtK 254 Divided highway Wide lethal ... ° aA. ..�. Two aaa.rhu', —W nri .riK t'.:'.-rr�-.�/Tle. Pl ive lldces Flat:wrea Re ochor comhuutvaw—:fie p"arse co+Malnhne (; milkild,Slfvda It Igrnluan 1r,agmia .--• y and Sr I:wr Kehr an romp beach nom ctmneeviii lesefelot mms sfAc.,li IIr u.„erpae yep Cirs Df prrm rs cm, 30101[Ing Ht+IA,ManPioa Haaas Ord 1 _ " ?alrans Iwy Tly one loll- a the'A llW Mandoe. PWITauth u rr r.r► a ...lr j _ ;: ,.; Cr Kt rl ramD. hrl rar.lrwr.r W MI�7.unewea.'9a02raU ".. "�"'1�"rw m «. ._ Project History Virginia Beach Norfolk Expressway/ 1-264/Independence Blvd Independence Blvd Exit 3 Exit 17 Ilk , w , , _.� -t 40 4S n x s r , r, t w V 5 . • - - Table 3.1: Existing 2023 Average Daily Traffic Location Average Daily Vehicles per Day (vpd) West of Witchduck Road 206,000 Between Witchduck Road and 199,400 Independence Blvd -264 .---..___...._.._ . .. Between Independence Blvd and 161,300 Rosemont Road East of Rosemont Road 145,100 North of 1-264 93,300 Independence Blvd South of 1-264 80,700 Witchduck South of 1-264 39,300 Road Rosemont SOUth of 1-264 35,400 Road V o © CRASH LOCATIONS aPPEtioIx FATALITY OR SERIOUS INJURY cai2 _ CF4>HL FATALM OR I VIRGINIA BEAcHNNORTH v"Mm.• 11 0 LO 1 7-202 1 Rtl17 V•/ c[a LEGEN D • Q • 1�tip«� (� � • Crastr,.viU+FrLaiity(K) 0 O 40 Cra-&,w .SPrI0u%In;ury{A; oT4,j—A 4y}RTNI 4l*r ft1;v 1 V Q IXn Ywu:c ti'XSI' 0 O Ianr lgxncsia'•t;-2e.1. 4 • • Q 9co On o 13�° o© o o o A 6 t3 000 M CY ~W RgA 00 o a Qt 0 r 0 Cs p OQ o fl O p ONew , . • o Northamp ol VDOT er Blvd •, •, Phase III IMR , 1. �• 1-264 Corridor (interstate & Interchanges) (Interstate& Interchanges) j •'•' • : • •� 1 • 3 mInterchange 4NAF w, u Interstate, Arterial, Interchanges aoh 61vd 2023e k10 �a a Virg►n`a V a� c a 3 gmans 9 Sams Club JS Y Ip O � C O V �1 13 +. 3 +.. c a m acc 0 VDOT o o 0 ' STARS / _ Naval Air •-•-(Arterial• - : • • z25 �aependence g� Lynn Maly Station aceana , 0 vd Rd 40 The-Founders Inn °�` yr aria Spa,Tapestry. Previous Studies Partial Cloverleaf with Partial Cloverleaf with Braided Modified Partial Cloverleaf with Directional Ramps Directional Ramps Directional Ramps f e: � s T F VB 9 1 26 t Corridor EYaluillOtl Partial Cloverleaf with Braided Directional Ramps '•r 4. `4 '' ' vDOT i AZCOM .•. �.� �" 1F.d irn � � $: 1r �:w.a w,a Brw—h..o. ,�. . �' ` ®3 m _ .,'b."` � III aartH�}..•rw D.axMd pineSxxxxlRamp� n P. a .a K � �. � Frgutm Y11.6 July 2016 r ea 1 r a. \rr/ eww LEGEND n 7_ - (jo nuw R aF udres " .� • J" ..'K � Ruwcw;»uresrw.�u�::+cn a v r - ..+r nRec'e[rrcx rnoax '* '' 'rFD BPLCD a �, �' MrS/ftltO:YXL9RrKi dMY14 . a > /a,gr p, #; ,' "?`;' ?` r..rrersv�c•ern.iw x�ae What is the VDOT STARS program ? S :n T , Affordable Roadway S • Projects to address safety and congestion issues • Goal is to develop affordable solutions that can be programmed in the VDOT Six-Year Improvement Program (SYIP) • Increased emphasis on innovative intersection designs • Priority for applications that contribute local money to the STARS application (CVB contributed $250K) VB 11 VDOT STARS PROJECT • Evaluated 3 Long-term (2042) Alternatives • Does not include 1-264 widening or replacing 1-264 bridge over Independence Blvd • Improvements at all intersections • Columbus St (Preferred is moving forward) • Bonney Rd • 1-264 Interchange (Alternatives to discuss) • Baxter Rd • Edwin Dr (Preferred is moving forward) 'Via 'r4F WAMu umoi!I �� �'S':!._ ,. "•e"�" _ �_.. !,".!�..�.r�--. ir� rt..:.. _ . . _ � . T owl ro ro Increase storage bay lengths ISAIM-4=111VT ► _ ,n A a pedestrian ' rossn ,r COLUMBUS STREET 13 INDEPENDENCE BLVD/COLUMBUS ST PEDESTRIAN IMPROVEMENTS ( 100554) • At grade pedestrian crossing atu Columbus Street/Independence Blvd intersection including median f ! pedestrian refuge across Independence Blvd ` Ln • Removal of one of the two _ southbound left turn lanes on , r` "" r Independence Blvd to accommodate pedestrian refuge Columbus St • includes pedestrian signalization - • Awarded $352K of FY21 TAP Funds � • Total Project Cost: $562K • Construction Began: April 2024 • Construction Complete: Aug 2024 VDOT STARS PROJECT • Evaluated 3 Long-term (2042) Alternatives • Does not include 1-264 widening or replacing 1-264 bridge over Independence Blvd • Improvements at all intersections • Columbus St (Preferred is moving forward) • Bonney Rd • 1-264 Interchange (Alternatives to discuss) • Baxter Rd • Edwin Dr (Preferred is moving forward) VB is INDEPENDENCE BLVD/EDWIN DRIVE INTERSECTION ( 100428) • Component of overall 1-264/ Independence Blvd Interchange < . o Median U-turns - relocate Study _ NB and SB left turns on ,. Independence Blvd and • Innovative Intersection Design ,rr EB WB Improvements on Edwin Drive • Median U-turns on w:^* Independence Blvd a Works with Holland Road Phase 1 .�; • Inde ende 11.ce Blvd a and Phase II Improvements toIt ~- reduce congestion Directional left in / • . `. - 't r • Includes bike & pedestrian right out only at A Investors Place improvements • Total Project Cost $18.1M • Design Start: Fall 2025 U 16 VDOT STARS PROJECT • Evaluated 3 Long-term (2042) Alternatives • Does not include 1-264 widening or replacing 1-264 bridge over Independence Blvd • Improvements at all intersections • Columbus St (Preferred is moving forward) • Bonney Rd • 1-264 Interchange (Alternatives to discuss) • Baxter Rd - J • Edwin Dr (Preferred is moving forward) VB 17 Alternative 1 • Long-term • At-Grade Improvements (included with each alternative) • Median U-turns (Michigan Lefts) at Edwin Dr • Pedestrian Bridge crossing at Columbus St • Interchange (see figure): • Widen Independence southbound underpass similar to northbound • Remove two loops to remove weaving • Replace with signals on Independence for left turns to ramps � � 1 E aw`rr. a w.ft R .i.._IC RD ANO 1.26.n NZ RAMPS x i1ti�d (Note:Green coloring reflects removal of pavement} a M s• ALTERNATIVE 1 Al BONMEY RD' " .•��' EUCJD RD MD I-AA W5STBOAD RAMPS '^+ INDLPENOL4 E 9CALVAIM {Note:Green coloring reflects removal of pavement} ALTERNATIVE 1 ]; , .a1.. ' v ' LV Median U-turns - relocate NB and S ;� • left turns on Independence Biv` at Baxter Rd • ++ South Blvd Slip Ramp VOCT N _�I�F✓ ,. rEASTSOUND (Note:Green r ; coloring . . . .. VB 21 Alternative 1 Pros Cons ■ Less expensive ■ Less operational improvement ■ Fewer right-of-way impacts ■ Does not meet long-term demand ■ More volatile, less resilient to incidents 22 Alternative 2 • Long-term • At-Grade Improvements (included with each alternative) • Median U-turns (Michigan Lefts) at Edwin Dr • Pedestrian Bridge crossing at Columbus St • Grade separation at Bonney Rd • (see figure for Center Turn Overpass) • Interchange (see figure): • Widen Independence southbound underpass similar to northbound • Remove one loop to remove weaving • Replace with one signal on Independence for left turns to ramp plo.t: •* aim M i {Note,Light grey coloring reflects grade separation} ALTERNATIVE 2 Center Turn Overpass (CTO) m M % � m • Maryland State Highway Administration V6 is LEuENLI w " _ProposeC -Vn�rrt>t;^xasa+l8a - _.. �`�' �y a✓"K .i °.. ,.. ±p " w r' - a F 1 • o a . n i � �• ALTERNATIVE Z f x ( k +n' v:is.. �✓ � LI:. 3 t i South Blvd m p �VI E r VB 27 Alternative 2 Pros Cons ■ Better operations than Alt 1 ■ Higher cost than Alt 1 ■ Meets long-term demand ■ Innovative/complex design ■ More resilient to incidents ■ Construction impact concerns 28 Alternative 3 • Long-term • At-Grade Improvements (included with each alternative) • Median U-turns (Michigan Lefts) at Edwin Dr • Pedestrian Bridge crossing at Columbus St • Grade separation at Bonney Rd • Single Point Urban Interchange (see figure) • Interchange with flyover ramp (see figure): • Widen Independence southbound underpass similar to northbound • Remove one loop (replace with flyover) VB 29 AL LE Proposed s P!%vsed pwoswe ,.. 'rt R rU AM � ^` .:,. FEei kY 2X I �-NE)a7 9CINNEY RD' . �.--.. '.U1264JrES'BDUHDRAk�'S ... ' LPOOENCE BOLL€YARD .-... {Note:Light grey coloring reflects grade separation} B ALTERNATIVE 3 Single Point Urban Interchanges w x II� � � C x BIB 8 x, V6 31 LEGEND PnWoseo Pavemel - PropOSRA Corcrere ' _ i Proposed Grass Area • i E J� � r'. Mon ysgi^ fir^ s tf u r o +r, m r girds ryL . '�y_ .. .._ . x � r f ' ra',tr,, � � s, � .' �ti" ..a ... � •= V C)O'T F�EA;.WRv AJ^.4 rs ALTERNATNE 3 AT�I EASTBOUND • • . • • i . r� RAMPS AND BAXTER AD j SOuTW BLVD MKIEPENDENCE BC7ulEVARQ {Note:Light grey coloring reflects grade separation} Alternative 3 Pros Cons ■ Better operations than Alt 1 / Higher cost than Alt 1 or Alt 2 Similar to Alt 2 ■ More right-of-way impacts ■ Highest safety benefit ■ Construction impact concerns ■ Meets long-term demand ■ More resilient to incidents u6 33 erna ives omparison Alt 1 Alt 2 Alt 3 Delay Reduction($conversion) $403.5M Crash Reduction($conversion) $10M $11.9M I'$21.1M Cost($2022) :�1VI" $207.7M ` 404.4M Benefit-Cost 4.23 1.5 Provides accessibility(peds&vehicles) Serves latent traffic demand Resiliency to incidents ' Serves long term development Minimal right-of-way impacts Meets driver expectancy Lower construction impact Includes flyover ramp Selection ofPreferredAlternativefor i • I.2ti4 Corridor Evaluation Partial Cloverleaf with Braided ` Study Directional Ramps " "-' . ` +l •`E yea,. � _ AZ`UM , ram• , i"cYrLiw J lf arc �I s, ;- w � t �, rarer". ._ �� •- -V_ 3 R a LEGEND , � k r. ..a • a :- � . ®Aa3TE'S EFTEA .,, {•yam'{ p! y �/ Cost Estimate Comparison STARS Alternatives & 1-264 Study 2020 Cost Estimate STARS Study • . 111 Alt 1 STARS Study • : : 111 Alt 2 STARS Study Alt 3 1-264 Study at . • 1 1 111 Independence 36 looking Ahead : Interchange Access Report ( IAR) • Incorporate the findings from: • VDOT STARS Study of Independence Blvd • VDOT 1-264 Corridor Study • Incorporate widening of 1-264 & new 1-264 bridge over Independence Blvd • Determine the best overall long-term design to serve-the interstate, interchan Independence Blvd • HRTAC provided $1.25M for the IAR • VDOT is managing, kickoff mtg was held Aug 2023 • Citizen Information Meeting to review concepts and screen results—currently projected for August 2024 • Estimated report completion: End 2025 VB 37 Looking Ahead : Long Range Transportation Plan ( LRTP) • What is the Long Range Transportation Plan (LRTP)? • HRTPO is required to develop, approve and maintain a fiscally constrained (demonstrated fiscal sufficiency) LRTP. With a planning horizon of 20 years, the LRTP serves as the blueprint for enhancing the region's multimodal transportation system. • The 2045 LRTP Project List Includes: • 1-264 Widen ing—Witchduck Rd to Independence Blvd • I-264/Independence Blvd Interchange Improvements • https://hrpdc- gis.ma ps.a rcgis.com/a pps/Ma pSeries/i ndex.htm I?_appid=89f6a54525f3409298a Oce7d3618162f • 2050 LRTP is currently being developed for approval in 2026 38 Looking Ahead : Funding HRTAC has confirmed a funding plan for First tier projects are funded, focus is shifting to next tier of projects: AMENDMI-N'r FROM nwrAC 2045 LONG-RANGE PLAN OFFINANCE UPDATE-JUNE 2022* Estimated Proje Project 7A-..d-..t Action Jurisdiction Project From/To cCo in Conformity Funding Source(s) Update Project Cost Multi- go�wers Hill Interchange N/A $771 Million(2038 YOE)1 No and 0 enin Year 'urisdictional Update Project Cost Multi- Hampton Roads Express Jefferson Avenue to $9g3 Million(2027 YOE)= No and 0 enin Year 'urisdictional Lanes Network Bowers Hill • See HRTAC 2045 Update Project Cost Multi- 1-G4/I-264 Interchange N/A $525 Million(2039 YOE) No Long Range Plan of and 0 enin Year 'urisdictional -Phase![IA Update Project Cost Multi- Bowers Hill to College $ s Finance-June I-6b4 Widening 1,529 Million(2038 YOE) No 2022 Update Update Opening 1-264/Independence (Attachment 11-B) Year Virginia Beach Interchau e N/A $207 Million{2032 YOE) No Update Opening Virginia Beach 1-264 Gidening Witchduck Road to $bb9 Million(2032 YOE)4 No Year Inde endence Boulevard looking Ahead : Next Steps • Finish the IAR (End of 2025) • Citizen Information Meeting to review concepts and screen results—currently projected for August 2024 • Explore and pursue other federal grant opportunities in cooperation with VDOT • INFRA (Infrastructure For Rebuilding America) • 60% Federal/40% Non-Federal match requirement • Large project minimum award is $25M • MEGA • 60% Federal/40% Non-Federal match requirement • Projects typically in the $100M-$500M range but can be larger V 6 :to 1 - 264/ independence Blvd Interchange Improvements -AL .r • C r Discussion s 1� Image courtesy:%AntageM "r v- inIaPhotos.com , u AOP h' V✓ �... , ' S Or, „ COLLECTIVE15 CITY CO UNCILS BRIEFINGS I / / ITEM 6, 2:10 P.M. Mayor Dyer / -/ TiffanyDirector / / / and Dana Harmeyer, Senior Attorney. Mr. Harmeyer expressed his appreciation to City Councilfor their continued support: Here is POSSIBLE COLLECTIVE BARGAINING REFERENDUM: PUBLIC EDUCATION CAMPAIGN CONSIDERATIONS Dana Harmeyer,Senior City Attorney Tiffany Russell,Communications Director May 21,2024 'purpose I the presentation: WHY WE ARE HERE • The Mayor has requested the drafting of a resolution to initiate an advisory referendum on a proposed ordinance to authorize collective bargaining • The Mayor has also proposed the engagement of Old Dominion University to provide an independent SWOT analysis(Strengths, Weaknesses, Opportunities, and Threats)focused on the pros and cons of collective bargaining • The proposed study would include examining the experiences of other cities that are similar to Virginia Beach to assist the City Council and the public with the decision process May 21, 2024 16 CITY CO UNCILS BRIEFINGS COLLECTIVE BARGAINING AD117SORYREFERENDUM ITEM# 6. TODAY'S PRESENTATION Review: — `� City Charter Advisory Referendum Process&Other — d Possibilities Public Education & Engagement Considerations Timelines The Ask: Council Feedback, Input &Questions Prior to Council Vote Referendum Varieties Local referendum avenues: 1. Amend a local charter • Va.Code§ 15.2-201 2. Bond authorization • Va.Code§ 15.2-2610 3. Advisory referendum on proposed ordinance • Virginia Beach City Charter§3.05(f) 4. Citizen initiated advisory referendum • Virginia Beach City Charter§3.09 5. Other(e.g. activate a redevelopment and housing authority,General Assembly mandate like 1995) COLLECTIVE17 CITY CO UNCIL'S BRIEFINGS I / ' 68 Here is an overview of i l City Charter § 3.05(f) "To rovide for the submission of any proposed ordinance to the qualified voters of the city at an advisory referendum to be initiated by a resolution to the circuit court of the city and held not less than thirty nor more than sixty days thereafter in the manner provided by law for general elections." • The timing has been superseded by state law. Virginia Code§24.2- 682(B)provides the order for a referendum election must be"at least 81 days" prior to the date of the election. • The most recent use of City Charter§3.05(f)was an ordinance regarding light rail in 2012. • "Should the City Council adopt an ordinance approving the use of all reasonable efforts to support the financing and development of The Tide light rail into Virginia Beach? • If the City Council makes the request for an advisory referendum,the City Attorney files paperwork with the circuit court to have the referendum election ordered. v8 Opportunities and Restrictions (Legal) Referendum specific: • The governing body may provide for the preparation and printing of an explanation of a referendum question. Virginia law tasks the City Attorney with preparing such explanation,but the statute requires the explanation to be m"Plain English.' • The City may disseminate"neutral materials or advertisements concerning issues of public concern that are the subject of a referendum." • "Materials or advertisements shall not advocate the passage or defeat of the referendum question." Employees: Virginia Code§15.2-1512.2 prohibits employees from: • participating in political activities while on duty,in uniform and on City premises. • Using their official authority to coerce or attempt to coerce co-workers and subordinates to pay,lend, or contribute anything of value to a political party,candidate or campaign Virginia Beach City Code§2-90 also prohibits employees from: • Using their status or prestige of position on behalf of or in opposition to any candidate for elected office • Using city funds,supplies,or equipment for political purposes or wearing uniform while participating in political activities V8 I CITY COUNCILS BRIEFINGS COLLECTIVE BARGAINING ADVISORY REFERENDUM ITEM 11 turnedMr. Harmeyer thepresentation over toMs. RussellI provide PotentialCommunications Efforts: Potential Communications Efforts • Communication Goals: • Awareness of(1)Ballot Question(2)Non-Binding Status&(3)Eligible Employees • Effectiveness of Education Campaign=Confidence Going into the PoIIs...Either Way Vou Vote • Challenges • Not able to communicate all impacts to residents(fear of unknown) • 70%voter turnout in 2020 election(how to increase voter participation) • Cannot determine or define total cost to taxpayer(consumer frustration/confusion);definitive costing is contingent upon contract negotiations and implementation • City's role in addressing/correcting external statements and perceptions/"perception is reality" • The City is neither for or against collective bargaining.What we ARE for is facts and information to educate residents. • "Doesn't Affect Me Directly"mentality(resident disengagement) • Expect strong external lobbying and groups getting messaging out ahead of City;City message must be clear and neutral VB Potential Communications Efforts • • • •Considerations: • Diverse audiences: Council, City Staff May 21, AM� � (7,500 employees), Public, Business . .T1 Community, Union Groups •Secure academic third-party research & utilize for future communications O • Potential for multiple ballot questions (Constitutional question already on 2024 ballot). v 024 BRIEFINGS19 CITY COUNCILS ADVISORYCOLLECTIVE BARGAINING ITEM 6, Here are the Key Dates: ECURING RESEARCH Paths: • Mayor request—ODU isgovernment-to-government contract(no procurement process needed) � • Can secure multiple government-to-government quotes-risk not getting proposals that could impact timeline � Alternatives: � RFP process(would take 6 months) Emergency procurement(not an option) �I, Key Dates: • Aug. 13: Ballot question deadline ® • Mid August: Final research white paper deliverable • Sept.20: Early voting starts ve Scope of Work • SWOT analysis final paper vt • Include examining the experiences of other cities that are similar to Virginia Beach to assist the City Council and[he public with the decision process • Simplified SWOT analysis for post card mailing • Facilitation of three community meetings � to explain SWOT analysis,case studies and answer community questions;City staff present to answer City-specific policy or procedure questions I CITY COUNCILS BRIEFINGS COLLECTIVE BARGAINING AD117SOR Y REFERENDUM ITEM# r , Here is an ofa potential Publicii Public Education Campaign Phase 1: Awareness Campaign:June—August 16 "On the Ballot:Collective Bargaining" Drive subscribers to get updates as information is released • How We Got Here(History/Timeline) • Provide information already shared publicly • Phase 2: Educate Mid-August—Nov. • "Yes or No to Collective Bargaining?" • Research Findings Available Now • Direct Mail/Paid Advertising:SWOT Analysis • Use district preferences for communication from 2022 resident survey for customized outreach VB PAST EDUCATIONAL CAMPAIGN SPEND • Flood Protection Referendum Education $240,000 (5.6 million estimated media impressions) plus$103,500 for ODU economic analysis study • Redistricting 10-1 System (across two fiscal years)$256,981.47 • Election System Community Engagement Project$383,178—UVA contract, direct mail and paid advertising • Registered Voters: 335,000 (Census data) • 185,000 households 21 CITY CO UNCIPS BRIEFINGS COLLECTIVE BARGAINING ADVISORYREFERENDUM ITEM#75683 (Continued) Thank • Council Feedback • VIRGINIA V13 BEACH Mayor Dyer expressed his appreciation to Ms.Russell and Mr. Harmeyer for the presentation. May 21, 2024 22 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#75684 2:33 P.M. Mayor Dyer advised U.S.News and World Report just released their rankings and the City has been ranked 8rh on the list of Best Places to Live in the country. Mayor Dyer advised this is a reflection of citizens, staff and this Body, as well as previous City Councils who have made the City a great place to live for a very long time. Mayor Dyer advised the strength of the City are the people and there is so much to be proud of. May 21, 2024 23 CITY COUNCIL DISCUSSION/INITL4TIVES/COMMENTS ITEM#75685 (Continued) Council Member Wooten expressed her concern for the safety of the Level Green neighborhood due to recent shootings on April 2"d and May 7`h resulting in a youth fatality. Following the fatality on May 7`h, Police Officers canvased the area and made an arrest that day. Council Member Wooten advised a week later,she went with Police Officers to speak with residents about the activity in the neighborhood. Council Member Wooten advised residents requested increased police officer presence, a recreation center in District 7 and the Parks After Dark Program events, expressing children do not go outside and many of the residents are moving. Council Member Wooten advised she believed the Parks After Dark Program would expand beyond Green Run to Level Green, based on the April 23'd Parks and Recreation budget presentation by Director Kirschman,and was disappointed to learn it would be 2026 before it would expand to Level Green. Council Member Wooten emphasized the importance and urgency for addressing the issues within the Level Green neighborhood and requested the Body's support for a Resolution to direct the City Manager to provide a funding source for the Parks After Dark Program in Level Green. Council Member Wooten advised she held a youth fall festival there last year and will continue to plan bi-monthly activities with the next being a community safety meeting scheduled for May 29,h at 6:30 P.M. at the New Song Fellowship Church and will have Chief Neudigate attend to provide information and updates. Council Member Taylor advised he does not remember voting to prioritize one community over anotherfor the Parks After Dark Program and believes the same funding source that will be used for Green Run can also be used for Level Green. Council Member Taylor expressed his disappointment when he attended the Audacy concert at the Oceanfront and was met with thirty-two (32) police officers, who collectively accumulated an estimated$300,000 in overtime costs,for an event that may not have sold 3,000 tickets. Council Member Taylor advised at the same time, Public Safety is identified as a priority while violence is occurring in Level Green and believes both communities should have been budgeted for the Parks After Dark Program. Council Member Taylor advised last year District 7 produced$81-Million in food and beverage sales with $867,000 going to the TIP Fund, which could have funded the Program. Council Member Taylor was surprised to learn a community has to request the ShotSpotter gunshot detection system before it can be installed after the Body has invested so much in new technology, with $100-Million allocated to the Police Department. Council Member Taylor asked how much of the$1.6-Million Arts and Culture dedicated funding will go towards District 7, adding, every community should be funded for the Parks After Dark Program when requested. Council Member Taylor believes more can be done to help Level Green and requested Chief Neudigate and City Manager Duhaney brief the Body on what actions are being taken to prevent violence in Level Green, as well as other communities with increased violence. Council Member Wooten referenced an email she sent to Vice Mayor Wilson and City Manager Duhaney to suggest the$400,000 for three(3)arts and culture events, listed in the budget under regional grants, be deducted from the new Arts and Culture dedication. Council Member Wooten advised if that was done, it could have provided$400,000 towards expanding the Parks After Dark Program in Level Green. May 21, 2024 24 CITY COUNCIL DISCUSSION/INITLITIVES/COMMENTS ITEM#75685 (Continued) Council Member Hutcheson advised when Director Kirschman presented information about Parks After Dark Program for Green Run, he recalled Director Kirschman saying he felt strongly that he could get something started. City Manager Duhaney advised Green Run was funded during the budget process but what makes Level Green unique is that their park is going to close for major construction and there will not be a facility to hold the Parks After Dark Program without someone else, like one of the schools,providing the facility. Council Member Hutcheson advised College Park and Level Green border his District and believes they are connected and there is a need there and asked if there was a middle ground to do something so that it does not just fall off the radar. Council Member Wooten advised the presentation was during the City Council Meeting on April 23'd at 2:04 p.m., when Mr. Kirschman advised he was working with the Police Department and Level Green and Green Run are next areas where the program will be expanded to. Council Member Wooten believed that meant there was a plan for the program and shared that with the public only to find out later there was no funding this year. Council Member Wooten suggested the program could be expanded to Providence Park and does not want to have any delays. City Manager Duhaney advised if the Body wants to move forward with this, the funding will need to be identified and authorized in order for staff to hire employees and have the necessary resources, until then he cannot move forward. May 21, 2024 25 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#75686 (Continued) Council Member Rouse advised she attended the executive briefing on the economics of early childcare in Hampton Roads which is a collaborative effort with Eastern Virginia Medical School (EVMS), Hampton Roads Workforce Council,Hampton Roads Military and Federal Facilities Alliance(HRMFFA),non-profit sectors, business leaders and military from across the region, all focused on affordable and accessible childcare. Council Member Rouse explained providing affordable and accessible childcare creates stable families, stable communities and is an essential component of any workforce and economic strategy. Council Member Rouse advised she shared information on the City's GrowSmart Program which is led by Economic Development. May 21, 2024 26 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#7568 7 (Continued) Council Member Rouse advised she took a tour with Deputy City Manager Chandler and leaders within his portfolio and learned the Mount Trashmore project is due to be complete by the fall. Council Member Rouse advised the stairs will be moved towards the Kids Cove area where there is more foot traffic and where the black tarp is right now, will eventually be short, staggered slides going from the top of the mountain down to the bottom. May 21, 2024 27 CITY COUNCIL DISCUSSIONIINITLITIVES/COMMENTS ITEM#75688 (Continued) Council Member Rouse advised she and Council Members Taylor and Ross-Hammond attended the Housing Advisory Board meeting yesterday and the Housing Matters Educational Campaign is live and active; anyone interested can take an online quiz through the Housing and Neighborhood Preservation (HNP) website or SpeakUp VB. The results will provide HNP staff insight on how the public understands affordable housing. May 21, 2024 28 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#75689 (Continued) Council Member Rouse advised she and Council Member Hutcheson are Council Liaisons to the Community Services Board (CSB) and recently took a tour of several areas within the Department of Human Services(DHS). Council Member Rouse expressed her appreciation to Director Smith and Deputy Director Hicks, and all of their staff, for all of the hard work they do that is not just laborious but emotionally and physically intensive as well, to provide care for the City's most vulnerable. Council Member Rouse advised one of the services offered is for parents who are struggling with difficult young children. The child is in a playroom with the parent who has an earpiece and is getting guidance from a therapist who is in the next room and watching through a two-way mirror. The therapist provides the parent with healthy ways to respond to their child and building stronger relationships with trust and respect. Council Member Hutcheson advised it was life changing to see the amount of love and care the DHS staff give from cradle to grave within each of their programs which puts them at the tip of the sphere. Council Member Hutcheson explained the parenting program has such an effect that staff may never realize all of the good they have done, similar to the Fire Department's Life Safety program where you can never measure how many children you saved from afire because they are not in one. Council Member Hutcheson advised that was just one small part of their day and committed to work with Council Member Rouse to support the CSB. Mayor Dyer advised this is another example of the opportunity to cross-pollinate with the different groups that are helping people in the community and reminded anyone interested, that as part of the H.O.P.E. initiative, Council Member Berlucchi will facilitate a mental health forum tomorrow at 5:30 P.M. in Building 19. May 21, 2024 29 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#75690 (Continued) Council Member Remick provided the following brief comments: -Attended the groundbreaking event for the Judeo Christian Outreach Center(JCOC)and congratulated the organization for their $14-Million project which will provide 38 affordable housing units when complete in approximately 18 months. - The Resort Advisory Committee(RAC)will dedicate a toy boxprogram at the Oceanfront on May 24`". Toy boxes will be distributed near the boardwalk and hotels to provide a way for people to reuse and donate beach toys that would otherwise be thrown away. - Expressed his appreciation to stafffrom Parks and Recreation,Public Works and Public Safety who supported his recent Town Hall Meeting, as well as the support they provide for all of the Body's Town Hall Meetings. May 21, 2024 30 CITY COUNCIL DISCUSSION/INITLITIVES/COMMENTS ITEM#75691 (Continued) Council Member Henley expressed concerns about the status of the Aquarium since it was not discussed during the budget and asked for more information on the owner representative who will provide the Body a presentation in June. City Manager Duhaney advised the Body provided staff guidance to follow two (2) paths, one was to continued working with the Aquarium's Foundation and the other path was to continue exploring negotiations with the interestedparties. City Manager Duhaney advised the owner representative will work with staff to assist in working with the Foundation to determine what should be included in a proposal and then assist in sorting out the responses received from the two interested parties. Council Member Henley advised citizens only ask her what the problems with the Aquarium are and what is the Body going to do about it and therefore believes a public hearing should be held first to find out what they want to do. Council Member Henley advised the City owns the land and building but not the animals and before the Body goes any further, it is important to know if there is a super majority to sell the building or lease it and if not, then the Body is heading in the wrong direction. Council Member Henley asked how much is the owner representative getting paid and when was the funding allocated? City Manager Duhaney advised City Council directed him to continue talking to the Foundation and start receiving responses from the firms as it relates to possible transitioning of Partnerships. Currently, the owner representative is evaluating the assets to determine the value and ownership. The representative will also determine what the negotiatingposition is for the Body and the Foundation andprovide all of that information to the Body for guidance on the next actions to take. City Manager Duhaney advised, no actions will be taken without the direction of City Council and stated the owner representative received between $103,000 - $108,000, which was communicated through the budget transfer documentation approximately forty five days ago. Council Member Henley referenced the information provided to the Body in the Friday Packages is important to read and is where she learned of a consultant hired at the rate of$269,867 to complete the Central Beach Small Area Plan and Economic Impact and understands it is part of the Capstone Project but believes this is another example of things getting ahead of the Body and believes it needs to be determined if there is a super majority to sell the land involved as it will greatly impact both the Convention and Sports Centers. The Convention Center started out to serve the public, not just tourists, and reminded the Body of all of the high school graduations that are held there each year and she does not know where they will be held if the City does not own the land. Council Member Henley advised if there was a vote today to sell the land, she would vote against it and believes there needs to be a public hearing to see if the public is willing to divest itself of the land. Council Member Remick advised this area is within his District and understands how precious the land is; the City and private owners own a total of approximately eighty(80)acres with each acre valued well over $1-Million. Council Member Remick advised the parking in that area is at a premium and believes having May 21, 2024 31 CITY COUNCIL DISCUSSION/INITL4TIVES/COMMENTS ITEM#75691 (Continued) parking decks is the best use but having a consultant review everything and provide the Body different ideas on how to best use that land will be helpful and will still require public engagement and a super majority. Council Member Henley requested to know when meetings will be held so she can attend and share information during her Town Hall Meetings. Council Member Taylor advised he does not support spending$300,000 on a consultant since the Resort Area Strategic Action Plan (RASAP) already included what stakeholders had a vision for in that area but it just did not include someone from out of town, so it went away. Council Member Taylor advised there have not been any pertinent discussions regarding the $60-Million transferred for Rudee Loop and does not believe there is support from each of the Districts. Council Member Taylor believes some developers are treated differently if they have a relationship with the City and may receive a bargain and recalled the developer who came from out of town and submitted a proposal. Council Member Taylor advised stakeholders did not like him and he was not allowed to present his proposal for several months but when the developer came,he was professional and included a parking garage. Council Member Taylor reiterated he does not support spending$300,000 on a study that will tell the Body what it already knows. Council Member Schulman advised he has read the RASAP Plan and understand it was written with broad strokes and this study will go further to evaluate particular types of uses in certain areas and provide well thought out options and believes providing that information to the public will allow more meaningful conversations. Council Member Taylor encouraged the public to go to the City's webpage to read the RASAP Plan to see it was not written at a high level and see that nine (9) out of eleven (11)priorities and goals have been executed on. Council Member Taylor advised the RASAP Plan was adopted by the previous City Council because it was thorough and also included Rudee Loop, which has not had any public engagement on since November 2022. Council Member Taylor advised there are new budget constraints since the RASAP Plan was approved and suggested starting over on Rudee Loop to see if there is support to spend$60-Million on green space with so many other priorities in the City such as sidewalks on Shore Drive, a Recreation Center in District 7 and the stormwater referendum that has increased to $1-Billion. Council Member Taylor suggested engaging the Communications Department in a Citywide effort to hear from the largest stakeholders who are the taxpayers at a rate of$670-Million in Real Estate Taxes and approximately$160- Million in Personal Property Taxes. Council Member Remick clarified of the eighty(80)acres he mentioned, the City owns approximately fifty (50) acres and includes the Museum of Contemporary Art(MOCA), the Convention and Visitors Bureau and the Sports Center. Council Member Remickfurther advised Communications had a SpeakUp campaign with the public for Rudee Loop and 82%wanted green space. Council Member Remick advised Parks and Recreation are interviewing consultants to provide the best use ofpublic green space. May 21, 2024 32 CITY COUNCIL DISCUSSIONIINITL4 TI VES/COMMENTS ITEM#75691 (Continued) City Manager Duhaney advised after the Body was provided information on Parks and Recreation interviewing consultants to select a designer, it was authorized with two (2)phases, the first being the community engagement to gain input on what they want and then secondly, bringing that information back to City Council to determine what the Body wants for the park before moving forward to construction design. Council Member Rouse asked if there is only a park with no retail or parking, how will maintenance be paid for? City Manager Duhaney advised that information was included in the Body's initial presentation and then after the nine(9) month public engagement resulted in 82%wanting a park, City Council authorized staff to start moving forward with the design and procurement process. City Manager Duhaney explained from an economic standpoint, a park is not the highest and best use but after the Body heard from the public, the park was chosen to move forward with. City Manager Duhaney added, the next step will be for the Body to determine what components should be included that may help with operating costs. May 21, 2024 33 CITY COUNCIL DISCUSSIONIINITLITIVES/COMMENTS ITEM#75692 (Continued) Mayor Dyer advised he attended the Memorial Ceremony at the Oceanfront with the Virginia Beach Police Foundation which was very touching, and they expressed their appreciation to the Body. Mayor Dyer advised they have requested the Body authorize the donation of the remaining "No Cussing"signs to the Foundation. Mayor Dyer advised he will have the proposed Ordinance on the next Agenda for consideration. May 21, 2024 34 AGENDA REVIEW SESSION ITEM#75693 3:38 P.M. BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA: K. ORDINANCES/RESOLUTION 1. Resolution to DIRECT the City Manager to proceed with certain recommendations of the 2024 Housing Study(Requested by Council Members Hutcheson, Rouse, and Wooten) 2. Ordinance to AUTHORIZE temporary encroachments into a 100' City-Owned man-made canal known as Ashville Bridge Creek and into a 5'City-Owned drainage easement at the rear of 2524 Las Corrales Court re maintain two (2) existing wood floating docks, a wood fixed dock, two (2) wood fingers, wood pier, wood fence,pool, and concrete surrounding the pool DISTRICT 2 3. Ordinance to ACCEPT and APPROPRIATE $53,169 from the United States Department of Housing and Urban Development to the FY 2023-24 Housing and Neighborhood Preservation Operating Budget and AUTHORIZE a local match from work performed by existing staff re oversight and management of the Continuum of Care Program Grant Program 4. Ordinance to APPROPRIATE$1-Million from the Net Assets of the Water and Sewer Enterprise Fund to the FY 2023-24 Public Utilities Operating Budget re continue normal operation for the remainder of the fiscal year 5. Ordinance to APPROPRIATE$225,000 from the fund balance of the Federal Section 8 Program Special Revenue Fund to the FY 2023-24 Housing and Neighborhood Preservation Operating Budget re cover contracted manpower for the remainder of the fiscal year K. ORDINANCES/RESOLUTION: COUNCIL MEMBER TAYLOR WILL VOTE VERBAL NAY ONITEM#1 May 21, 2024 35 AGENDA REVIEW SESSION ITEM#75693 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: L. PLANNING 1. CARL R. ELLIS, JR for a Variance to Section 4.4(b) of the Subdivision Regulations re subdivide the lot to create two (2) single-family dwelling lots at 2620 Broad Bay Road DISTRICT 8(Deferred from April 16, 2024) 2. 617 VANDERBILT, LLC for a Street Closure re 7.5 foot portion of an unnamed, unimproved alley adjacent to the rear of 901 Vanderbilt Avenue in Croatan DISTRICT 5 3. MCDONALD NURSERIES OF VIRGINIA BEACH, INC for a Modi tcation of Proffers to a Conditional Rezoning and a Conditional Use Permit re bulk storage yard at 1144 Independence Boulevard, 4015 Mason Street,parcel directly West of 1144 Independence Boulevard and 4011, 4017, 4021 Mason Street DISTRICT 9 4. ALL THINGS BEAUTY/KRAMBIAS PROPERTIES, LLC for a Conditional Use Permit re tattoo parlor at 250 Jersey Avenue, Unit 245 DISTRICT 4 5. SHANEEQUA CREIGHTON for a Condition Use Permit re family day-care at 5115 Richard Road DISTRICT 4 6. PHENOMENAL KIDZ/CRESCENTE& MERYLL DELGADO for a Conditional Use Permit re family day-care at 1600 Castlefield Road DISTRICT 7 7. INTI & LUGH VENTURES, LLC d/b/a RELIABLE DETAILERS / TIMBERLAKE SHOPPING CENTER ASSOCIATES,LLCfor a Conditional Use Permit re car wash facility at 4239 Holland Road, Suite 772 DISTRICT 10 8. MICHAEL O'CONNOR /MICHAEL H. & CHERYL K. O'CONNOR for a Conditional Use Permit re short-term rental at 303 Atlantic Avenue, Unit 1202 DISTRICT 5 9. JAMES MOORE for Conditional Use Permits re short-term rentals at 919 Pacific Avenue, Units A & C DISTRICT 5 10. Ordinance to AMEND Section 111 of the City Zoning Ordinance (CZO) re the definitions of permanent cosmetic tattooing, personal service establishments, and tattoo parlor and ADD Section 209.8 to the CZO re provisions of permanent cosmetic tattooing 11. Ordinance to AMEND Sections 201 and 206 of the City Zoning Ordinance(CZO)re placement of Storm water Facilities L. PLANNING. ITEM#1 WILL BE CONSIDERED FOR DEFERRAL TO JUNE 18,2024 ITEM#7 WILL BE CONSIDERED FOR INDEFINITE DEFERRAL May 21, 2024 36 ITEM#75694 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 5 • District 6 • District 6 PUBLIC CONTRACT: Discussion of the award of a public contract involving expenditure ofpublic funds, and discussion of terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3 711(A)(29) • ECSC Request for Funds 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). • Branch v. City of Virginia Beach May 21, 2024 37 ITEM#75694 (Continued) Upon motion by Council Member Rouse, seconded by Council Member Schulman, City Council voted to proceed into CLOSED SESSION at 3:50 P.M. Voting: 8- 0 Council Members Voting Aye: Mayor Robert M.Dyer, Barbara M. Henley,David Hutcheson, Robert W. "Worth" Remick, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi-Ill Dr.Amelia N. Ross-Hammond— Virginia Transit Association Annual Conference Vice Mayor Rosemary Wilson—Family Vacation Break 3:51 P.M. — 4:06 P.M. Closed Session 4:06 P.M. — 5:00 P.M. *Council Member Schulman left the meeting and did not participate in the Closed Session. May 21, 2024 38 FORMAL SESSION VIRGINL4 BEACH CITY COUNCIL MAY21,2024 6.00 P.M. Mayor Dyer called to order the FORMAL SESSION of the VIRGINL4 BEACH CITY COUNCIL in City Council Chamber, City Hall, on Tuesday,May 21, 2024, at 6:00 P.M. Council Members Present: Mayor Robert M.Dyer,Barbara M.Henley,David Hutcheson,Robert W. "Worth" Remick,Jennifer Rouse, Chris Taylor and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi-Ill Dr.Amelia N. Ross-Hammond— Virginia Transit Association Annual Conference Joashua F. "Joash"Schulman Vice Mayor Rosemary Wilson—Family Vacation INVOCATION: Pastor Chad Douglas Senior Pastor,New Life Tabernacle MOMENT OF SILENCE PLEDGE OF ALLEGIANCE 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 303 341"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 orpotential 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. May 21, 2024 39 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. May 21, 2024 40 VF CERTIFICATION ITEM#75695 Upon motion by Council Member Henley, seconded by Council Member Remick, City Council CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE WITH THE MOTION TO RECESS Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 7- 0 Council Members Voting Aye: Mayor Robert M.Dyer, Barbara M. Henley,David Hutcheson,Robert W. "Worth"Remick, Jennifer Rouse, Chris Taylor and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi,Dr.Amelia N. Ross-Hammond,Joashua F. "Joash"Schulman and Vice Mayor Rosemary Wilson *Council Member Wooten stepped out during the Public Contract—ECSC Request for Funds discussion due to a possible conflict of interest(4:24-4:37 P.M.) May 21, 2024 �`4�tNu+B�gcb. z o ' ? r o J OF OUR N�SO�S RESOL UTION CERTIFICATION OF CLOSED SESSION VIRGINL4 BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,pursuant to the affirmative vote recorded in ITEM#75694 on Page 37 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. I Ankn B el, M ,oTCity Clerk May 21, 2024 41 ITEM— V.G.1 MINUTES ITEM#75696 Upon motion by Council Member Henley, seconded by Council Member Hutcheson, City Council APPROVED the MINUTES of the SPECIAL FORMAL SESSION of April 30,2024 Voting: 7- 0 Council Members Voting Aye: Mayor Robert M.Dyer, Barbara M. Henley,David Hutcheson,Robert W. "Worth"Remick, Jennifer Rouse, Chris Taylor and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi, Dr. Amelia N. Ross-Hammond,Joashua F. ".Joash"Schulman and Vice Mayor Rosemary Wilson May 21, 2024 42 ITEM— VI.G.2 MINUTES ITEM#75697 Upon motion by Council Member Henley, seconded by Council Member Hutcheson, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of May 7,2024 Voting: 6- 0 Council Members Voting Aye: Mayor Robert M.Dyer, Barbara M. Henley,David Hutcheson, Robert W. "Worth"Remick, Chris Taylor and Sabrina D. Wooten Council Members Abstaining: Jennifer Rouse Council Members Absent: Michael F.Berlucchi,Dr.Amelia N.Ross-Hammond,Joashua F. "Joash" Schulman and Vice Mayor Rosemary Wilson May 21, 2024 43 ITEM— V.G.3 MINUTES ITEM#75698 Upon motion by Council Member Henley, seconded by Council Member Hutcheson, City Council APPROVED the MINUTES of the SPECIAL FORMAL SESSION of May 14,2024 Voting: 7- 0 Council Members Voting Aye: Mayor Robert M.Dyer, Barbara M. Henley, David Hutcheson,Robert W. "Worth"Remick,Jennifer Rouse, Chris Taylor and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi, Dr.Amelia N. Ross-Hammond,Joashua F. "Joash"Schulman and Vice Mayor Rosemary Wilson May 21, 2024 44 ITEM— i!H.1 MAYOR'S PRESENTATIONS ITEM#75699 RESOLUTION THE WORRELL 1000 RACE—50`h ANNIVERSARY On behalf ofMayor Dyer, Council Member Remick read the Proclamation recognizing the 50`h Anniversary of The Worrell 1000 Race and advised the Resolution will be presented at the finish line. May 21, 2024 1NIA-BEAC - s e - q:ter tgBVe WR'N'��r RESOLUTION WHEREAS: The Worrell 1000 Race initially began as a bet in the Worrell Bros. restaurant at the Virginia Beach oceanfront in the early 1970s. The Worrell brothers,Michael and Chris, bet that it was possible to sail a sixteen foot catamaran from Virginia Beach to Florida. The voyage is roughly 1000 miles stretching down the Atlantic; and WHEREAS:Michael Worrell and his crew, Steve McGarrett, set sail on October 1, 1974. On their first attempt, the pair endured two hurricanes and were forced to make multiple stops to repair their boat. Finally, the duo was forced to end their race in Fort Lauderdale, but the mission was accomplished; and WHEREAS:The Worrell brothers pioneered in turning this journey into an innovative, extreme sailing event unlike any other. Thus, creating the inaugural Worrell Bros. Coastwise Race in May of 1976, which was later renamed the Worrell 1000 Race;and WHEREAS: The rules of that first race were simple and straightforward: sail as fast as you can, keep the continent on the left and call in to the restaurant every 24 hours to let us know where you are. Starting in Ft. Lauderdale, FL and finishing in Virginia Beach, VA, those early races, sailed on 16 foot Hobie catamarans, were a non-stop day and night endurance test of sailors and their boats. The rules have since changed, adding overnight stops, and allowing for development advances in multihulls with boats up to 20 feet in length with an unrestricted beam; and WHEREAS: Spanning nearly five decades, this test of iron men and women and plastic boats has attracted the very best sailors, along with spectators and media attention from around the world; and WHEREAS: The Worrell 100 Race celebrates its 50th Anniversary on May 25, 2024 in Virginia Beach. NOW THEREFORE, BE IT RESOLVED: That the City Council hereby recognizes and applauds the Worrell 1000 Race. Given by the.Council of the City of Virginia Beach, Virginia the 21 sr day of May 2024 and present this Reso 'on du signed by each Member of the Vfrginiqffe ch City Council. ' �/�ct�&. — Z' ^Council9Kember9KichaelrF:Beriuccfii Councd9KemberBar6ara91l.7fe CounjWember vidNutcheson Council9Kem6erPpbertW.."Worth"Pfmick CouncilWember Dr.AmehaWpss-Nammond CouncdWem6erjen�Yrnifer'V Rouse CouncdWem6er joashua lF.Schulman Councd%e 6erChiis Taylor XemberSabrina D.'Wooten lie9l, A `Vic ar 'Wilson 94ayor4jp6 91f."Bob y'Dyer 45 ITEM— V.H.2 MAYOR'S PRESENTATIONS ITEM#75 700 PROCLAMATION HISTORIC PRESER VA TION MONTH Mayor Dyer welcomed C. Mac Rawls and read the Proclamation declaring May 2024 as, "HISTORIC PRESERVATION MONTH" and recognizing Mr. Rawls for his outstanding contributions to historic preservation in the City. Mayor Dyer called upon all citizens, government agencies,public and private institutions, businesses, and schools in Virginia Beach to recognize the importance of historic preservation in maintaining the historical identity of the city and to commemorate this month with appropriate activities. Mr.Rawls expressed his appreciation to City Council for their continued support and this recognition. Mr. Rawls advised he has been an employee or volunteer with the City since 1965 and appreciates the many opportunities he has had with the most notable being the work he did on the Marine Science Museum and preservation of the Cavalier Hotel. May 21, 2024 G�Nu'-8�4 �r to o`Ayw704 ./e;"T OUR N Proclamation 'W1 Max.. the National7rust forYfutoric Preservation created Preservation Weekin 1973 to spotftghtgrassroots efforts in historic preservation in Amencq•and `G fw ear. President Wkhard,9f. Awn signed a resolution designating the week of 9Way 6 to 12, 1973 as National Preservation'Week;and "fWr .. gfie National7rtut e7anded the cefe6ration to a month-long observance in 2005;and 1+5ereas States and communities across the country now recogniie the month of 9Way as Tutonc Preservation Month,-and lover=. Governor Glenn Toungkin has recognized the month of May 2024 as NationafYlistoric Preservation Month in the Commonwealth ofVirginiq•and 'G fwreas: 4he theme of?fstoric Preservation Month 2024 is°People Saving Places",and 'WKereas: As Director of the City's PDepartment of Museums,C.Mac 4jgwls oversaw the development of the Virginia Beach Wistoric Wpources Management Plan in 1994;and ` fler=. In 1999,Mac requested that City Council estabfuh the Virginia Beach 7futoncaf&guter to recognize bud4fings, structures,andsites important to the hirtaricafdevelapment of Virginia Beach-and ' fWMas: Mat was responsible for the City's assumption of the operation of the Qlroroughgood 9fouse from the Chrysler Museum,which led to the City of Norfolkdeed nq that Nationa[7futonc Landmarkto Virginia Beach;and Men= Mr.W9wla'efforts to esta6Gsh the Virginia Beach 7frstonc Preservation Partnership resultedin the production of the 50 Most MistoricaQy Sig nifreant 9fouses a ndStruct u res in`Virginia Beach booklet in 2008;and Uftereas 4he Virginia Beach City Councifesta6Gshed the Wistoric Preservation Commission in 2008 to advise them on as issues related to the preservation of historic buildings,structures,andsites in the city,•and 14*ereas• 'Ihe City Councnlappointed Mac Wgivfs as the Wstoric Preservation Commission's first Chair,and UfArreas: Mac servedas the7futoric Preservation Commissions Chairfor4 years,•and 4oierew' 'Virginia Beach was designated as a Certified Locaf Government, and the 7futoric Preservation Commission receiveda statewide awardfor community preservation during Mac's 12 year tenure on the Commission,•and `6tlPierear City CouncilappointedMac Wgwfs as an Emeritus Member of the7fstoric Preservation Commission in 2024 in recognition of his substantialcontri6utions in furtherance of histone preservation,•and `WKereas: ghe.Mayor and City Councdsupport the preservation of'Virginia Beach's hutonc resources andwish to recognize Mac Rgwfs'outstanding contributions to historic preservation in the city. Now,gf—f—I,�kg6ert M.(Dyer,Mayor of the City of'Virginia Beach,Virginia,do hereby Proclaim: Way 2Q24 9fiStofic Preservation Month In Virginia Beach,I ca[fupon affthe Citizens,government agencies,pub&andprivate institutions,businesses,andschoors in Virginia Beach to recognize the importance of Nistoric Preservation in maintaining the historical identity of the city and to commemorate this month with appropriate activities. In'Wftness TVhermf,I have hereunto set my hand and caused the OffuialSeal of the City of Virginia Beach,Virginia,to be affu;,ed this Twenty-'first Day of May,Two 4housand7•iventy-Four. 7Z P$96ert M.Bo66y'Dyer Mayor 46 ITEM— V.H.3 MAYOR'S PRESENTATIONS ITEM#75 701 PROCLAMATION PUBLIC WORKS WEEK Mayor Dyer welcomed LJHansen,Director—Public Works and read the Proclamation declaring May 19- 25, 2024 as, "PUBLIC WORKS WEEK" and called upon all citizens to salute the hard work, accomplishments, and commitment of these dedicated members of the Virginia Beach Public Works Department. Mr. Hansen expressed his appreciation to City Council for their continued support and this recognition. Mr. Hansen went on to express and recognize the hundreds of dedicated Public Works employees who are committed to providing services that keep the City operating. May 21, 2024 Guiu•s�gc L i O(M hroc�e��r e Vrortamation Bublic works infrastructure is above, below, and affaround us; because of public works, we are able to have clean waters, safe streets, efficient traffic, and livable communities;and Whemas. Public works pro/essionalsfocus on infrastructure,facilities,andservices that could not be providedwithout their dedcatedefforts who perform at afffevels;and Faso r1fiese professionals are responsible for rebuilding, improving, and protecting our city s transportation,public bui(dings, traffic systems, beaches andwatercvays, roads andstreets, stotmwater systems, andother structures andfacifities that are absolutely essentiaf to our citizens;and Uiercase 1Tub&works services providedin our community are an integralpart of our citizens' everyday lives;the health, safety and comfort of this city greatly depends on these services;and We, as city leaders seek to enhance the prestige of the often-unsung heroes of our city -the Public'Works professionals who serve the public good,every day, with quiet dedication. Now, Therefore, I, Wilbert M. "Bobby" Dyer, Mayor of the City of Virginia Beach, Virginia, do hereby proclaim. TU Weekof Way 19— *2 q 2f" V y rota wenchWorksVeek In I frginta(Beacf;and l calf upon alf citizens to salute the hard work accomplishments, and commitment of these dedicated members of the Virginia Beach(Public Works(Department. In s Hof,I have hereunto set my handandcaused the Official,Sealof the City of Virginia Beach, (Virginia, to be affixed this Twenty First Day of May, Two ghousandTwenty-Four. Wpbert M. "Bo66y"Dyer Mayor 47 ITEM— V.H.4 MAYOR'S PRESENTATIONS ITEM#75 702 PROCLAMATION EMERGENCY MEDICAL SERVICES WEEK On behalf of Mayor Dyer, Council Member Hutcheson welcomed Deputy Chief Clay Cofer and read the Proclamation declaring May 19- 25, 2024 as, "EMERGENCY MEDICAL SERVICES WEEK" and encourage the community to recognize the volunteer and career providers who work hard each day to provide emergency medical services to all who live, work, or visit Virginia Beach with appropriate programs, ceremonies, and activities. Deputy Chief Cofer expressed his appreciation to City Council for their continued support and this recognition. Mayor Dyer recognized Troop Leaders and several Scouts from Troop#407 who were in attendance. May 21, 2024 GL��''BFAc U : . 99 6� OF OUR NA-V%O 'Proda ma�tton W he►ear Emergency medicalservices are an essentialpu6&service;and UNerm.- ghe members of the Virginia Beach Emergency WedrealServices Team are ready to provide Crfe-saving medicalcare to those in need24 hours a day,seven days a week;and Where". Access to quality emergency medical care dramatically improves the survivaland recovery rate of those who experience sudden illness or injury;and Wfierw.. Emergency medicafservice providers have traditionally servedasAmerica's healthcare systems safety net 6y frilling healthcare defrvery gaps andproviding important,out of hospitalcare,including preventive medicine,mentalhealth services,foRow-up care,andaccess to education services,•and %*ereas: 4Tie emergency medicalservices system consists off:rst responders,emergency medicaftechnicians paramedics,emergency medicafdupatchers,firefighters law enforcement officers,educators, administrators,pre-hospital nurses,emergency physicians,trained members of the pu6Cu,and other out of hospitalmedical care providers;and 'Wheres: Approximately two thirds of alfemergencies medicalservices providers inAmerica are volunteers and Virginia Beach celebrates 50 years of a successfulcom6ination emergency medicalservices system composed of both volunteer rescue squad and career ErMS providers;and U*ere= The members of emergency medicalservices teams,whether careerorvolunteer,engage in thousands of hours of specialized training andcon tinu ing education to enhance their lifesaving skills;and Whereas: It is appropriate to recognize the value,compassion,and accomplishments of emergency mefivalservices providers 6y designating Emergency 3fedicalServices Week Now,gftenfom I,Robert 94. Bob6y":Dyer,,Mayor of the City of Virginia Beach,Virginia,do hereby proclaim: Way 19th -- Way 25th 2024 Emergency -94-edicalSen ices Week In'G'irginia Beaelti and I encourage the community to recognize the volunteerandcareerproviders who workhard each day to provide emergency medicalservices to allwho live,work or visit Virginia Beach with appropriate programs,ceremonies,andactivities. In'Witress Ufxmof,I have hereunto set my hand and caused the OfficialSeafof the City of Virginia Beach, Virginia,to be affixed this Twenty First Day of Way,Two Thousand andTwenty-(Four. RQ6ert 9K. 'Bobby'(Dyer ill Mayor 48 ITEM— V.LI PUBLIC HEARINGS ITEM#75 703 Mayor Dyer DECLARED a PUBLIC HEARING: ACQUISITION, BY AGREEMENT OR CONDEMNATION Parliament Drive Sidewalk Improvements Phase II Project, CIP 100301 There being no speakers, Mayor Dyer CLOSED the PUBLIC HEARING May 21, 2024 49 ITEM— Y.L2 PUBLIC HEARINGS ITEM#75 704 Mayor Dyer DECLARED a PUBLIC HEARING: LEASE OF CITY PROPERTY—FARMERS MARKET Building 1, Space 9 to Andrew Skipper d/b/a Skipper Farms Building 3, Space 13 to S&HProduce,Inc. There being no speakers,Mayor Dyer CLOSED the PUBLIC HEARING May 21, 2024 50 ITEM— V.J FORMAL SESSION AGENDA ITEM#75 705 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 Council Member Henley,seconded by Council Member Rouse, City Council APPROVED, BY CONSENT,Agenda Items Ordinances/Resolution K. 1,2,3,4 and 5 and Planning L:I(DEFERRED TO JUNE 18,2024),2,3, 4, 5(DEFERRED INDEFINITEL 1), 6, 7, 8, 9, 10 and 11 Voting: 7- 0 Council Members Voting Aye: Mayor Robert M.Dyer, Barbara M. Henley,David Hutcheson,Robert W. "Worth"Remick, Jennifer Rouse, Chris Taylor and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi, Dr.Amelia N. Ross-Hammond,Joashua F. "Joash"Schulman and Vice Mayor Rosemary Wilson May 21, 2024 51 ITEM— V.K.l ORDINANCES/RESOLUTION ITEM#75 706 Upon motion by Council Member Henley, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT,Resolution to DIRECT the City Manager to proceed with certain recommendations of the 2024 Housing Study(Requested by Council Members Hutcheson, Rouse, and Wooten) Voting: 6- 1 Council Members Voting Aye: Mayor Robert M. Dyer, Barbara M. Henley,David Hutcheson, Robert W "Worth"Remick,Jennifer Rouse and Sabrina D. Wooten Council Members Voting Nay: Chris Taylor Council Members Absent: Michael F. Berlucchi,Dr.Amelia N. Ross-Hammond,Joashua F. "Joash"Schulman and Vice Mayor Rosemary Wilson May 21, 2024 REQUESTED BY COUNCILMEMBERS HUTCHESON, ROUSE, AND WOOTEN 1 A RESOLUTION TO DIRECT THE CITY MANAGER 2 TO PROCEED WITH CERTAIN 3 RECOMMENDATIONS OF THE 2024 HOUSING 4 STUDY 5 6 WHEREAS, affordable housing is one of the City Council's top priorities; 7 8 WHEREAS, in November 2021, the City Council authorized funding for an update 9 to the 2017 Housing Study; 10 11 WHEREAS, in August and September 2023, the City Council received briefings 12 from the consultants that were preforming the update to the 2017 Housing Study; 13 14 WHEREAS, in late January 2024, the 2024 Housing Study was completed, and a 15 copy of this document is posted on the City's website: 16 https://housing.virginiabeach.gov/about-us/housing-study; 17 18 WHEREAS, during the City Council's workshop session on March 12, 2024, the 19 Department of Housing and Neighborhood Preservation presented proposed "next steps" 20 resulting from the 2024 Housing Study; and 21 22 WHEREAS, the City Council discussion on March 12, 2024, reached consensus 23 to pursue the following activities: 24 25 1. Advance discussions with the Virginia Beach Development Authority to fund 26 new, large-scale, mixed-use development projects; 27 2. Design a housing education campaign to incorporate into successful 28 community engagement; and 29 3. Research opportunities to simplify and streamline the permitting and review 30 process; 31 32 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 33 OF VIRGINIA BEACH, VIRGINIA, THAT 34 35 The City Manager is hereby directed to pursue the three activities noted above and 36 to provide the City Council with periodic updates on the status of these items. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 21 s t day of May 2024. APPROVED AS TO LEGAL SUFFICIENCY: y Att ney's Office CA16460 R-2 May 7, 2024 52 ITEM— V.K.2 ORDINANCESIRESOL UTION ITEM#75 70 7 Upon motion by Council Member Henley, seconded by Council Member Rouse, City Council ADOPTED, BYCONSENT, Ordinance to AUTHORIZE temporary encroachments into a 100'City-Owned man-made canal known as Ashville Bridge Creek and into a 5'City-Owned drainage easement at the rear of 2524 Las Corrales Court re maintain two (2) existing wood floating docks, a wood fixed dock, two (2) wood fingers, wood pier, wood fence,pool, and concrete surrounding the pool DISTRICT 2 Voting: 7- 0 Council Members Voting Aye: Mayor Robert M. Dyer, Barbara M. Henley,David Hutcheson, Robert W. "Worth"Remick,Jennifer Rouse, Chris Taylor and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi, Dr.Amelia N. Ross-Hammond,Joashua F. "Joash"Schulman and Vice Mayor Rosemary Wilson May 21, 2024 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO A 5 100' CITY-OWNED MAN-MADE CANAL 6 KNOWN AS ASHVILLE BRIDGE CREEK 7 AND INTO A 5' CITY-OWNED DRAINAGE 8 EASEMENT, LOCATED AT THE REAR OF 9 2524 LAS CORRALES COURT 10 11 WHEREAS, Robert J. Gomez and Maria C. Gomez("the Applicants")request 12 permission to maintain existing 5' x 13.3' wood floating dock, an 8.5' x 20' wood floating 13 dock, a 16' x 16' wood fixed dock, a 10" x 16' wood finger, a 10" x 10.6' wood finger, a 14 variable width wood pier, a 3' x 122' wood fence, a pool with a maximum encroachment of 15 65.5 square feet and concrete surrounding the pool with a maximum encroachment of 16 103.57 square feet, (collectively, the "Temporary Encroachment") into a 100'City-owned 17 man-made canal known as Ashville Bridge Creek(GPIN: 2424-02-4573)and into a 5' City- 18 owned drainage easement (collectively the "Encroachment Area"), located at the rear of 19 2524 Las Corrales Court and 20 21 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 22 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments into the 23 City-owned man-made canal and easement subject to such terms and conditions as 24 Council may prescribe. 25 26 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 30 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Robert J. Gomez and Maria C. 31 Gomez, their heirs, assigns and successors in title are authorized to maintain the 32 Temporary Encroachment within the City's man-made canal and easement as shown on 33 the map entitled: "Exhibit A ENCROACHMENT EXHIBIT SHOWING EXISTING POOL, 34 CONCRETE, WOOD PIER, WOOD DOCK, (2) FLOATING DOCK, (2) FINGER PIERS & 35 FENCE FOR ROBERT J. GOMEZ & MARIA C. GOMEZ LOCATED ON LOT 7, LAS 36 CORRALES D.B. 2524, PG. 391(PLAT) CITY OF VIRGINIA BEACH, VIRGINIA," Scale: 1" 37 = 30', dated May 4, 2023 and revised through March 7, 2024, prepared by Gallup 38 Surveyors & Engineers, a copy of which is attached hereto as Exhibit"A" and on file in the 39 Department of Public Works and to which reference is made for a more particular 40 description; 41 42 BE IT FURTHER ORDAINED, that the Temporary Encroachment is expressly 43 subject to those terms, conditions and criteria contained in the agreement between the City 44 of Virginia Beach and the Applicants (the "Agreement"), an unexecuted copy of which has 1 45 been presented to the Council in its agenda, and will be recorded among the records of the 46 Clerk's Office of the Circuit Court of the City of Virginia Beach; 47 48 BE IT FURTHER ORDAINED, that the City Manager or his authorized 49 designee is hereby authorized to execute the Agreement; and 50 51 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 52 such time as Robert J. Gomez, Maria C. Gomez and the City Manager or his authorized 53 designee execute the Agreement. 54 55 Adopted by the Council of the City of Virginia Beach, Virginia, on the 21 st 56 day of May 2024. CA16078 R-1 Prepared: 5/7/24 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: P B IC WO KS, REAL ESTATE DAN . HARMEYER SENIOR CITY ATTORNEY 2 NOW OR FORMERLY ASHVILLE BRIDGE CREEK 100' DRAINAGE R/W CITY OF VIRGINIA BEACH GPIN: 2424-02-4573 APPROXIMATE M.B. 76, PG. 13 EDGE OF WATER - EX z'x T 2=0x FENCE w p��> Iui x �=12•46 2c�24, pG _x p.8• L=1.51' N Cl EX. POOL Q 5 LOT 7 0 N W M 0O CD 0- WOOD SCREEN n M �4tp,LT$O' N DECK PORCH m G� d 2 STORY FRAME U y #2524 uj DA t- UTLER 3 L Q 1 `I c.No.38395 co W a ��, co .0 =t �SSjONAL E��1 Z c (n O N N 749.37' (PLAT) TO P.I. o 0 CAMINO REAL SOUTH IPF IPF Fll-lce S 13*40'14" W 120.00' LAS CORRALES COURT (50' R/VV) D.B. 2524, PG. 391 (PLAT) EXHIBIT A ENCROACHMENT EXHIBIT SHOWING 0 30 60 EXISTING POOL, CONCRETE, WOOD PIER, WOOD DOCK, (2) FLOATING DOCK, (2) FINGER PIERS & FENCE SEE SHEET 4 FOR CURVE TABLE, NOTES & OWNERS. FOR ROBERT J. GOMEZ & MARIA C. GOMEZ GALLUP LOCATED ON LOT 7, LAS CORRALES SURVEYORS&ENGINEERS D.B. 2524, PG. 391 PLAT 32 FIRST COLONIAL ROAD CITY OF VIRGINIA BEACH,VIRGINIA VIRGINIA BEACH,VIRGINIA 23454 (757)428-8132(757)425-2390 FAX Scale: 1"=30' 1 Date:May 4,23 Revised:Mar,7,24 1 Sheet: 1 of 4 W:\Gomez,Robert J.&Maria C-2524 Las Corrales Court\Drawings\22-53 Encroachment Exhibit.dwg,5/7/2024 10:48:45 AM EX. 8.5'x20'WOOD EX. 10"x16' FLOATING DOCK '� WOOD FINGER �� PG 3g1 (P�T� 0.5. 2524, 00 EX. 16'x16'WOOD 30 0 FIXED DOCK A= NOW OR FORMERLY ASHVILLE BRIDGE CREEK h 0� 100' DRAINAGE RM CITY OF VIRGINIA BEACH GPIN: 2424-02-4573 EX. 10"x10.6' M.B. 76, PG. 13 WOOD FINGER 111111,111111 I o �tipLTIH OFL w r ion o "' S 4 p 2. O G� 85, r V DA �tt UTLER EX. WOOD 2� 7� `I c.No. 38395 PIER c Sh� w 00 w 0 000 �S G4, S�Oto NAL E1`� EX. 3 X 122,^ 70 7� W=NCE x APPROXIMATE 3.95' x EDGE OF WATER W N X x 15.34 n n A o N 13•$ L w bo L=6.86 L x L=17.78' J o Cl �� -- 5' DRAINAGE EASEMENT D.B. 2524, PG. 391 (PLAT) EXHIBIT A ENCROACHMENT EXHIBIT SHOWING EXISTING POOL, CONCRETE, WOOD PIER, 0 10 20 WOOD DOCK, (2) FLOATING DOCK, (2) FINGER PIERS & FENCE SEE SHEET 4 FOR CURVE TABLE, NOTES & OWNERS. FOR ROBERT J. GOMEZ & MARIA C. GOMEZ GALLUP LOCATED ON SURVEYORS& ENGINEERS LOT 7, LAS CORRALES 323 FIRST COLONIAL ROAD D.B. 2524, PG. 391 (PLAT) VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH, VIRGINIA (757)428-8132(757)425-2390 FAX Scale: 1"=30' 1 Date: May 4,23 Revised: Mar.7,24 1 Sheet:2 of 4 W:\Gomez,Robert 1.&Maria C-2524 Las Corrales Court\Drawings\22-53 Encroachment Exhibit.dwg,5/7/2024 10:48:45 AM �1j,ALTN OF -3Xx 122' 3 1) � UTL ER 31 `!' G• NOW OR FORMERLY x c.No. 38395 0,g. 2524' ASHVILLE BRIDGE CREEK 94.01 SF OR 0.0022 AC. 100' DRAINAGE R/W ENCROACHMENT CITY OF VIRGINIA BEACH �SSIONAL 9.57 SF OR 0.0002 AC. GPIN: 2424-02-4573 ENCROACHMENT M.B. 76, PG. 13 L=1.42' L=15.59' Cl L=17.78' L=31.19' L=14.17 A r cn L=56.80' L=26.00 o a IIo II o �, ,,� o L=25.34 c o a' jC- ---� J — in o 5' DRAINAGE EA:391 (PLAT) D.B. 2524, PG. " L=38.69' EX. CONCRETE POOL 65.51 SF OR 0.0015 AC. POOL ENCROACHMENT EX. CONCRETE EXHIBIT A ENCROACHMENT EXHIBIT SHOWING EXISTING POOL, CONCRETE, WOOD PIER, 0 10 20 WOOD DOCK, (2) FLOATING DOCK, (2) FINGER PIERS & FENCE SEE SHEET 4 FOR CURVE TABLE, NOTES & OWNERS. FOR ROBERT J. GOMEZ & MARIA C. GOMEZ GALLUP LOCATED ON SURVEYORS& ENGINEERS LOT 7, LAS CORRALESD.B. 2524, PG. 391 PLAT 32 FIRST COLONIAL ROAD CITY OF VIRGINIA BEACH,VIRGINIA VIRGINIA BEACH,VIRGINIA 23454 (757)428-8132(757)425-2390 FAX Scale: 1"=30' Date: May 4,23 Revised: Mar.7,24 1 Sheet:3 of 4 W:\Gomez,Robert J.&Maria C-2524 Las Corrales Court\Drawings\22-53 Encroachment Exhibit.dwg,5/7/2024 10:48A6 AM OWNERS KEY OWNER DEED LOT LEGAL PLAT GPIN CHRISTINA DRUMM—BOYD I.N. LAS D.B. 2524, & FREDERICK M. BOYD 200805130005 6 CORRALES PG. 391 2414815826 REVOCABLE LIVING TRUST 55360 ADAM E. SCHMIDT & I.N. 8 LAS D.B. 2524, 2414825170 MINDY M. SCHMIDT 202103068491 CORRALES PG. 391 CITY OF VIRGINIA BEACH M.B. 77, 2424024573 PG. 14 ROBERT J. GOMEZ & I.N. LAS D.B. 2524, MARIA C, GOMEZ 200810070011 7 CORRALES PG. 391 2414815959 76030 1. THIS PLAN WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS SITE PLAN IS BASED UPON A TOPOGRAPHICAL SURVEY PREPARED BY:ALPHATEC SURVEYORS, LTD. DATED: 9-30-08. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR VERIFICATION OF RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. CURVE TABLE CURVE DELTA RADIUS LENGTH TANGENT CHD BEARING CHORD Cl 06'17'04" 1100.00' 120.66' 60.39' N 07'58'44" E 120.59' �tXLTH OF o r v DA �R- UTLER EXHIBIT A `I c.No. 38395 w� ENCROACHMENT EXHIBIT SHOWING�,4, EXISTING POOL, CONCRETE, WOOD PIER, �sSI�NAL E WOOD DOCK, (2) FLOATING DOCK, (2) FINGER PIERS & FENCE FOR ROBERT J. GOMEZ & MARIA C. GOMEZ GALLUP LOCATED ON SURVEYORS & ENGINEERS LOT 7, LAS CORRALESD.B. 2524, PG. 391 PLAT 323 FIRST COLONIAL ROAD VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH, VIRGINIA (757)428-8132(757)425-2390 FAX Scale: 1"=30' Date:May 4,23 Revised:Mar. 7,24 Sheet:4 of 4 W:\Gomez,Robert J.&Mana C-2S24 Las Corrales Court\Drawings\22-S3 Encroachment Exhibit.dwg,5/7/2024 10:48:46 AM 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 Qt i 2024, by and between the CITY OF VIRGINIA BEACH. VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and ROBERT J. GOMEZ AND MARIA C. GOMEZ, 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 "7" as shown on that certain plat entitled: "SUBDIVISION OF LAS CORRALES PRINCESS ANNE BOROUGH — VIRGINIA BEACH, VIRGINIA," Scale: 1" = 50', dated September 1985, prepared by Basgier and Associates, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2524, at page 391 and 392, respectively, and being further designated, known, and described as 2524 Las Corrales Court, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to maintain existing 5' x 13.3' wood floating dock and an 8.5' x 20' wood floating dock, a 16' x 16' wood fixed dock, a 10" x 16' wood finger, a 10" x 10.6' wood finger, a variable width wood pier, a 3' x 122' wood fence, a pool with a maximum encroachment of 65.5 square feet and concrete surrounding the pool with a maximum encroachment GPIN: 2424-02-4573 (100' CITY-OWNED MAN-MADE CANAL KNOWN AS ASHVILLE BRIDGE CREEK) 5' CITY-OWNED DRAINAGE EASEMENT (NO GPIN ASSIGNED) 2414-81-5959 GPIN (2524 LAS CORRALES COURT) of 103.57 square feet, 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 100' City-owned man-made canal known as Ashville Bridge Creek (GPIN: 2424-02-4573) and into a 5' City-owned drainage easement, collectively, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of 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: "Exhibit A ENCROACHMENT EXHIBIT SHOWING EXISTING POOL, CONCRETE, WOOD PIER, WOOD DOCK, (2) FLOATING DOCK, (2) FINGER PIERS & FENCE FOR ROBERT J. GOMEZ & MARIA C. GOMEZ LOCATED ON LOT 7, LAS CORRALES D.B. 2524, PG. 391 (PLAT) CITY OF VIRGINIA BEACH, VIRGINIA," Scale: 1" = 30', dated May 4, 2023 and revised through March 7, 2024, 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 Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 3 It is further expressly understood that any existing encroachments referenced in the attached Exhibit or in this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment 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 4 this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, ROBERT J. GOMEZ and MARIA C. GOMEZ, the said Grantees, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By: (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2024, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He is personally known to me. (SEAL) Notary Public My Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2024, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public My Notary Registration Number: My Commission Expires: 6 ROBERT J. GOMEZ MARIA C. GOMEZ STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this3day of 2024, by Robert J. Gomez and Maria C. Gomez, husband and wife. al (SEAL) NoP bli My Notary Registration Number: ""All OQ'� ASH NOTARY PUBLIC JANECHEK REG. *7770977 My Commission Expires: 0�j��2Q2ta COMMONWEALTH O vI i I .DIY COMMISSION EXPIRES APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM NP BLIC WOR S/REAL ESTATE . HARMEYER SENIOR CITY ATTORNEY 7 NOW OR FORMERLY ASHVILLE BRIDGE CREEK 100' DRAINAGE R/W CITY OF VIRGINIA BEACH GPIN: 2424-02-4573 APPROXIMATE M.B. 76, PG. 13 EDGE OF WATER coo EX. z•X 1 22 -OXFENCE 524, P�' 3g 00 X —_ X L=12•46 p.B 2 L=1.51' C1 -------------- _ EX. POOL r LOT 7 W c� a 6 LO z a O a L? WOOD SCREEN n M ���pLTH OF N DECK PORCH m O2 STORY FRAME U � #2524 DA B UTLER 3 LJ>- w `I` c.No. 38395 to ME a w co Z> 14- 0) W �; oo rn t�ssl to Z ONAL t z cn p N N 749.37' (PLAT) TO P.I. 0 CAMINO REAL SOUTH CD IPF IPF CB S 13*40'14" W 120.00' LAS CORRALES COURT (50' RAN) D.B. 2524, PG. 391 (PLAT) EXHIBIT A ENCROACHMENT EXHIBIT SHOWING 0 30 60 EXISTING POOL, CONCRETE, WOOD PIER, WOOD DOCK, (2) FLOATING DOCK, (2) FINGER PIERS & FENCE SEE SHEET 4 FOR CURVE TABLE, NOTES & OWNERS. FOR ROBERT J. GOMEZ & MARIA C. GOMEZ GALLUP LOCATED ON LOT 7, LAS CORRALES SURVEYORS&ENGINEERS D.B. 2524, PG. 391 PLAT 32 FIRST COLONIAL ROAD CITY OF VIRGINIA BEACH, VIRGINIA VIRGINIA BEACH,VIRGINIA 23454 (757)428 8132(757)425-2390 FAX Scale: 1"=30' Date: May 4,23 Revised: Mar.7,24 1 Sheet: 1 of 4 W1Gomez,Robert 1.&Maria C-2524 Las Conales Court\Drawings\22-53 Encroachment Exhibit.dwg,5/7/2024 1048:45 AM EX. 8.5'x20'WOOD EX. 10"x16' FLOATING DOCK WOOD FINGER 011111111111w' PG 3g� 0•B• 25 24, O EX. 16'x16'WOOD p 0 FIXED DOCK S�0 M 0 NOW OR FORMERLY ASHVILLE BRIDGE CREEK h 0 100' DRAINAGE R/W CITY OF VIRGINIA BEACH G P I N: 2424-02-4573 EX. 10"x10.6' M.B. 76, PG. 13 WOOD FINGER I �v ? v g ?8S' ` G'r 20.81' DA UTLER EX.WOOD 21 71 w `I c.No. 38395 PIER o w w —� —2-5 c A �0 B A SJONAL ti1`t EX. 3'x 1 vi w-- O NCE N APPROXIMATE 3.95' x EDGE OF WATER w tV x N r rr _ L=15.34, 70 it a?o! IP J�� N L=13.80 x L=17.78' — 5' DRAINAGE EASEMENT D.B. 2524, PG. 391 (PLAT) EXHIBIT A ENCROACHMENT EXHIBIT SHOWING EXISTING POOL, CONCRETE, WOOD PIER, 0 10 20 WOOD DOCK, (2) FLOATING DOCK, (2) FINGER PIERS & FENCE SEE SHEET 4 FOR CURVE TABLE, NOTES & OWNERS. FOR ROBERT J. GOMEZ & MARIA C. GOMEZ GALLUP LOCATED ON SURVEYORS 8 ENGINEERS LOT 7, LAS CORRALES D.B. 2524, PG. 391 323 FIRST COLONIAL ROAD (PLAT) VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH, VIRGINIA (757)428-8132(757)425-2390 FAX Scale: 1"=30' 1 Date: May 4,23 Revised: Mar.7,24 1 Sheet:2 of J4 W:\Gomez,Robert J.&Maria C-2524 Las Corrales Court\Drawings\22-53 Encroachment Exhibit.dwg,5/7/2024 10:48AS AM � O� . x_ G x � XLTII x_X 3z 122' woo ° �� gg 1 �p�1� �Q FED DA *,- UTLER pG• NOW OR FORMERLY x `I` c.No. 38395 p,g. 2524' ASHVILLE BRIDGE CREEK P �► �2� c�� 94.01 SF OR 0.0022 AC. 100' DRAINAGE R/W ENCROACHMENT CITY OF VIRGINIA BEACH �ssJONAL E�G� 9.57 SF OR 0.0002 AC. GPIN: 2424-02-4573 ENCROACHMENT M.B. 76, PG. 13 iQ Cl L=17.78' L=1.42' � L=15.59' , L=31.19' L=14.17 r v, L=56.80' L=26.00 0 Io o II o ODD �— L=25.34' c c °' �— J �. 5' DRAINAGE EASEMENT j0 D.B. 2524, PG. 391 (PLAT) " L=38.69' EX. CONCRETE POOL 65.51 SF OR 0.0015 AC. POOL ENCROACHMENT EX. CONCRETE EXHIBIT A ENCROACHMENT EXHIBIT SHOWING EXISTING POOL, CONCRETE, WOOD PIER, 0 10 20 WOOD DOCK, (2) FLOATING DOCK, (2) FINGER PIERS & FENCE SEE SHEET 4 FOR CURVE TABLE, NOTES & OWNERS. FOR ROBERT J. GOMEZ & MARIA C. GOMEZ GALLUP LOCATED ON SURVEYORS&ENGINEERS LOT 7, LAS CORRALES 323 FIRST COLONIAL ROAD D.B. 2524, PG. 391 (PLAT) VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH, VIRGINIA (757)428-8132(757)425-2390 FAX Scale: 1"=30' Date:May 4,23 Revised:Mar.7,24 1 Sheet:3 of 4 w.\Gomez,Robert J.&Maria C-2524 Las Corrales Court\Drawings\22-53 Encroachment Exhibit.dwg,5/7/2024 1048.46 AM OWNERS KEY OWNER DEED LOT LEGAL PLAT GPIN CHRISTINA DRUMM—BOYD 1•N• LAS D.B. 2524, & FREDERICK M. BOYD 200805130005 6 CORRALES PG. 391 2414815826 REVOCABLE LIVING TRUST 55360 ADAM E. SCHMIDT & I.N. 8 LAS D.B. 2524, 2414825170 MINDY M. SCHMIDT 202103068491 CORRALES PG. 391 CITY OF VIRGINIA BEACH M.B. 77, 2424024573 PG. 14 ROBERT J. GOMEZ & 1.N. LAS D.B. 2524, MARIA C, GOMEZ 200810070011 7 CORRALES PG. 391 2414815959 76030 1. THIS PLAN WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS SITE PLAN IS BASED UPON A TOPOGRAPHICAL SURVEY PREPARED BY:ALPHATEC SURVEYORS, LTD. DATED: 9-30-08. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR VERIFICATION OF RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. CURVE TABLE CURVE DELTA RADIUS LENGTH TANGENT CHD BEARING CHORD Cl 06'17'04" 1100.00' 120.66' 60.39' N 07'58'44" E 120.59' l r F ��tNLT$OF �O Lf U DAt- UTLER > EXHIBIT A c.No. 38395 ENCROACHMENT EXHIBIT SHOWING ,23 � EXISTING POOL, CONCRETE, WOOD PIER, �ssIONAL E�G1 WOOD DOCK, (2) FLOATING DOCK, (2) FINGER PIERS & FENCE FOR ROBERT J. GOMEZ & MARIA C. GOMEZ GALLUP LOCATED ON SURVEYORS & ENGINEERS LOT 7, LAS CORRALES 323 FIRST COLONIAL ROAD D.B. 2524, PG. 391 (PLAT) VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH, VIRGINIA (757)428-8132(757)425-2390 FAX Scale: 1"=30' Date: May 4,23 Revised: Mar.7,24 1 Sheet:4 of 4 W:\Gomez,Robert 1.&Maria C-2524 Las Corrales Court\Drawings\22-53 Encroachment Exhibit.dwg,5/7/2024 10:48:46 AM 53 ITEM— V.K3 ORDINANCESIRESOL UTION ITEM#75 708 Upon motion by Council Member Henley, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE$53,169 from the United States Department of Housing and Urban Development to the FY2023-24 Housing and Neighborhood Preservation Operating Budget and AUTHORIZE a local match from work performed by existing staff re oversight and management of the Continuum of Care Program Grant Program Voting: 7- 0 Council Members Voting Aye: Mayor Robert M.Dyer, Barbara M. Henley,David Hutcheson,Robert W "Worth"Remick,Jennifer Rouse, Chris Taylor and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi,Dr.Amelia N. Ross-Hammond,Joashua F. "Joash"Schulman and Vice Mayor Rosemary Wilson May 21, 2024 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FOR THE CONTINUUM OF CARE PROGRAM AND 3 TO AUTHORIZE A LOCAL MATCH 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 1. $53,169 is hereby accepted from the United States Department of Housing and 9 Urban Development and appropriated, with federal revenue increased accordingly, 10 to the FY 2023-24 Operating Budget of the Department of Housing and 11 Neighborhood Preservation for oversight and management of the Continuum of 12 Care Grant Program. 13 14 2. A local match from the work performed by existing staff at the Housing Resource 15 Center is hereby authorized. Adopted by the Council of the City of Virginia Beach, Virginia on the 21 s t day of May 2024. Requires an affirmative vote by a majority of all of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: -I L- eidluk�— 4f Budget and Management Services City rney's Office CA16507 R-1 May 8, 2024 54 ITEM— V.K.4 ORDINANCESIRESOL UTION ITEM#75709 Upon motion by Council Member Henley, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT, Ordinance to APPROPRIATE $1-Million from the Net Assets of the Water and Sewer Enterprise Fund to the FY 2023-24 Public Utilities Operating Budget re continue normal operation for the remainder of the fiscal year Voting: 7- 0 Council Members Voting Aye: Mayor Robert M.Dyer, Barbara M. Henley,David Hutcheson,Robert W. "Worth"Remick,Jennifer Rouse, Chris Taylor and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi,Dr.Amelia N. Ross-Hammond,Joashua F. "Joash"Schulman and Vice Mayor Rosemary Wilson May 21, 2024 1 AN ORDINANCE TO APPROPRIATE $1 ,000,000 FROM THE 2 NET ASSETS OF THE WATER AND SEWER ENTERPRISE 3 FUND TO THE FY 2023-24 OPERATING BUDGET OF THE 4 DEPARTMENT OF PUBLIC UTILITIES 5 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 $1,000,000 is hereby appropriated from the net assets of the Water and Sewer 11 Enterprise Fund to the operating accounts of the FY 2023-24 Operating Budget of Public 12 Utilities. Adopted by the Council of the City of Virginia Beach, Virginia on the 21 s t day of May , 2024. Requires an affirmative vote by a majority of all of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: BLidget and Management Services ity torney's Office CA16505 R-1 May 8, 2024 55 ITEM— V.K.5 ORDINANCESIRESOL UTION ITEM#75710 Upon motion by Council Member Henley, seconded by Council Member Rouse, City Council ADOPTED, BY CONSENT, Ordinance to APPROPRIATE$225,000 from the fund balance of the Federal Section 8 Program Special Revenue Fund to the FY 2023-24 Housing and Neighborhood Preservation Operating Budget re cover contracted manpower for the remainder of the fiscal year Voting: 7- 0 Council Members Voting Aye: Mayor Robert M.Dyer, Barbara M. Henley,David Hutcheson, Robert W. "Worth"Remick,Jennifer Rouse, Chris Taylor and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi,Dr.Amelia N. Ross-Hammond,Joashua F. "Joash"Schulman and Vice Mayor Rosemary Wilson May 21, 2024 1 AN ORDINANCE TO APPROPRIATE $225,000 FROM THE 2 FUND BALANCE OF THE FEDERAL SECTION 8 3 PROGRAM SPECIAL REVENUE FUND TO THE FY 2023- 4 24 OPERATING BUDGET OF THE HOUSING AND 5 NEIGHBORHOOD PRESERVATION DEPARTMENT 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 $225,000 is hereby appropriated from the fund balance of the Federal Section 8 11 Program Special Revenue Fund to the payroll accounts of the FY 2023-24 Operating 12 Budget of Housing and Neighborhood Preservation Department. Adopted by the Council of the City of Virginia Beach, Virginia on the 21 s t day of May , 2024. Requires an affirmative vote by a majority of all of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: �IAJk­"-� /V /a` Lat4 - ��/ Budget and Management Services City torney's Office CA16506 R-1 May 8, 2024 56 ITEM— V.L.1 PLANNING ITEMS ITEM#75 711 Upon motion by Council Member Henley, seconded by Council Member Rouse, City Council DEFERRED TO JUNE 18,2024,BY CONSENT, application of CARL R.ELLIS,JR for a Variance to Section 4.4(b) of the Subdivision Regulations re subdivide the lot to create two (2) single-family dwelling lots at 2620 Broad Bay Road DISTRICT 8(Deferred from April 16, 2024) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA CARL R. ELLIS, JR for a Variance to Section 4.4(b) of the Subdivision Regulations re subdivide the lot to create two (2) single-family dwelling lots at 2620 Broad Bay Road (GPINs 2510517095, 2510518047) DISTRICT 8 Voting: 7- 0 Council Members Voting Aye: Mayor Robert M.Dyer, Barbara M. Henley,David Hutcheson, Robert W. "Worth"Remick, Jennifer Rouse, Chris Taylor and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi, Dr.Amelia N. Ross-Hammond,Joashua F. "Joash"Schulman and Vice Mayor Rosemary Wilson May 21, 2024 57 ITEM— VL.2 PLANNING ITEMS ITEM#75 712 Upon motion by Council Member Henley,seconded by Council Member Rouse, City Council APPROVED, AS CONDITIONED,BY CONSENT,application of 617 VANDERBILT,LLCfor a Street Closure re 7.5- foot portion of an unnamed, unimproved alley adjacent to the rear of 901 Vanderbilt Avenue in Croatan DISTRICT 5 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA 617 VANDERBILT, LLC for a Street Closure re 7.5 foot portion of an unnamed, unimproved alley adjacent to the rear of 901 Vanderbilt Avenue in Croatan DISTRICT 5 The following conditions shall be required.• 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City of Virginia Beach shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. It has been determined that the purchase price to be paid to the City shall be $3,000, which is consistent with similar street closures in this area. 2. The Applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat must include the dedication of a 5-foot-wide public drainage easement within the area for closure to the City of Virginia Beach, subject to approval of the Department of Public Works and the City Attorneys Office, which easement shall include a right of reasonable ingress and egress. 3. The Applicant shall verify that no private utilities exist within the Right-of-Way proposed for closure. If private utilities do exist, easements satisfactory to the utility company shall be provided. 4. Closure of the Right-of-Way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not fulfilled and the final plat is not approved for recordation within one year of the City Council vote to close the Right-of-Way, this approval shall be considered null and void. 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 21 S`day of May Two Thousand Twenty Four. May 21, 2024 58 ITEM— V.L.2 PLANNING ITEMS ITEM#75 712 (Continued) Voting: 7- 0 Council Members Voting Aye: Mayor Robert M.Dyer, Barbara M. Henley,David Hutcheson, Robert W. "Worth"Remick,Jennifer Rouse, Chris Taylor and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi, Dr.Amelia N. Ross-Hammond,Joashua F. "Joash"Schulman and Vice Mayor Rosemary Wilson May 21, 2024 1 ORDINANCE APPROVING APPLICATION OF 2 617 VANDERBILT, LLC FOR THE CLOSURE OF 3 ONE-HALF OF AN UNNAMED, UNIMPROVED 4 ALLEY ADJACENT TO THE REAR OF 901 5 VANDERBILT AVENUE IN CROATAN 6 7 WHEREAS, 617 Vanderbilt, LLC, a Virginia limited liability company (the 8 "Applicant"), applied to the Council of the City of Virginia Beach, Virginia, to have the 9 hereinafter described portion of an unnamed, unimproved right-of-way discontinued, 10 closed, and vacated; and 11 12 WHEREAS, it is the judgment of the Council that said portion of right-of-way be 13 discontinued, closed, and vacated, subject to certain conditions having been met on or 14 before one (1) year from City Council's adoption of this Ordinance. 15 16 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 17 Beach, Virginia: 18 19 SECTION 1 20 21 That the hereinafter described portion of unimproved right-of-way (the "Right-of- 22 Way") be discontinued, closed and vacated, subject to certain conditions being met on 23 or before one (1) year from City Council's adoption of this ordinance: 24 25 ALL THAT certain piece or parcel of land situate, lying and 26 being in the City of Virginia Beach, Virginia, designated and 27 described as 7.5' OF ALLEY TO BE CLOSED" and shown 28 as the hatched area on that certain street closure exhibit 29 entitled: "STREET CLOSURE EXHIBIT FOR 617 30 VANDERBILT, LLC LOT D2 (M.B. 24, PG. 37) VIRGINIA 31 BEACH, VA", dated January 2, 2023, prepared by MAS-LD, 32 a copy of which is attached hereto as Exhibit A. 33 34 SECTION II 35 36 The following conditions must be met on or before one (1) year from City 37 Council's adoption of this ordinance: 38 39 1 . The City Attorney's Office will make the final determination regarding 40 ownership of the underlying fee. The purchase price to be paid to the City of Virginia 41 Beach shall be determined according to the "Policy Regarding Purchase of City's 42 Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the 43 44 No GPIN assigned (City Right-of-Way) 45 Adjacent to GPIN: 2426-37-7356 46 policy are available in the Planning Department. It has been determined that the 47 purchase price to be paid to the City shall be $3,000, which is consistent with similar 48 street closures in this area. 49 50 2. The Applicant shall resubdivide the property and vacate internal lot lines to 51 incorporate the closed area into the adjoining parcel. The resubdivision plat must be 52 submitted and approved for recordation prior to the final street closure approval. Said 53 plat must include the dedication of a 5-foot-wide public drainage easement within the 54 area for closure to the City of Virginia Beach, subject to approval of the Department of 55 Public Works and the City Attorney's Office, which easement shall include a right of 56 reasonable ingress and egress. 57 58 3. The Applicant shall verify that no private utilities exist within the Right-of- 59 Way proposed for closure. If private utilities do exist, easements satisfactory to the utility 60 company shall be provided. 61 62 4. Closure of the Right-of-Way shall be contingent upon compliance with the 63 above stated conditions within 365 days of approval by City Council. If the conditions 64 noted above are not fulfilled and the final plat is not approved for recordation within one 65 year of the City Council vote to close the Right-of-Way, this approval shall be 66 considered null and void. 67 68 SECTION III 69 70 1. If the preceding conditions are not fulfilled on or before May 20, 2025, this 71 Ordinance will be deemed null and void without further action by the City Council. 72 73 2. If all conditions are met on or before May 20, 2025, the date of final 74 closure is the date the street closure ordinance is recorded by the City Attorney. 75 76 3. In the event the City of Virginia Beach has any interest in the underlying 77 fee, the City Manager or his designee is authorized to execute whatever documents, if 78 any, that may be requested to convey such interest, provided said documents are 79 approved by the City Attorney's Office. 80 81 SECTION IV 82 83 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 84 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 85 VIRGINIA BEACH (as "Grantor") and 617 VANDERBILT, LLC (as Grantee"). 86 87 Adopted by the Council of the City of Virginia Beach, Virginia, on this 21st day 88 of May . 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Aow Planning Department City Attorney CA16282 \\vbgov.com\dfsl\applications\citylaw\cycom32\wpdocs\d024\p043\00961830.doc R-1 April 30, 2024 GENERAL SURVEY NOTES: ( A �— �cm!� 1. THIS SURVEY WAS PRODUCED BY MID-ATLANTIC — — — SURVEYING AND LAND DESIGN, INC. FOR ALAN E: 3467319.60 M.B.1 24, PG 37 som KESSLER. � 4, ) 2. THIS SURVEY WAS PRODUCED WITHOUT BENEFIT OF �` 3 ������ '^ IRF LOT D1 ! A TITLE REPORT. ALL EASEMENTS, SERVITUDES AND IRF N 12'12 57" W 50.00' RNN, MARK T. & G4SEY T. RESTRICTIONS MAY NOT BE SHOWN. 7.5' OF ALLEY I /HST 1202103074162 3. THE BOUNDARY LINES SHOWN ARE BASED ON A TO BE CLOSED ( 1 (M.B. 24 PG. 37) CURRENT FIELD BOUNDARY SURVEY. GPIN. 2426J76JJ40000 4. THIS SURVEY IS NOT INTENDED TO SHOW ALL UNDERGROUND UTILITY FEATURES. IT IS THE I 1 RESPONSIBILITY OF THE OWNER OR CONTRACTOR TO b I� CONTACT MISS UTILITY BEFORE ANY EXCAVATION OR OTHER EARTH MOVING WORK. m STREET CLOSURE EXHIBIT N/F I w o 2 FOR 617 VANDERBILT,LLC CAMP PENDLETON I oo Nf / X COMMON99LTH OF WRGINIA I LOT D2 g I f .`� m W LOT D2(M.B.24,PG.37) (d B. 1484, PG. 45J) I 617 �ANDERBILT, LLC I L , a VIRGIN IA BEACH,VA (PLAT INST. 1 INST. 120220JO1&16 I N, 01/02/2023 120171127001010880) o l o GPIN.- 24168531420001J (M.B. 24 PG. 37) I GPIN.• 2426J773560000 i AREA: 5,000 S.F./0.115 AC. I z pJ'T H OFMAS D 1 .N idAtlantic Sur eying and Land Design 5257 Cleveland Street, Suite 109 BETH ANNE G. CAMP LL VANDERBILT AVE Virginia Beach,VA 23462 Lie. No. 003316 I (Rar RO.w) 6.0 757-557-0888 01/02/23 I (N..8 24, AG R) 4 W`ti'�V.vLAS-LD.COM �9 04` S 12'12'57_E 50.00' 467 ADVILN@"-L.D.COM Nd SURV IRF (LEANING) PROJF,CT#22108.1 DRANN'N BY: DJK 0 20 V-20' 40 60 to R10 10 G as 1 1 tr 1 � tD R10 R10 P1 N ® Site W � E Property Polygons 617 Vanderbilt, LLC r—, Zoning S 901 Vanderbilt Avenue Building Feet 0 510 20 30 40 50 60 59 ITEM— V.L.3 PLANNING ITEMS ITEM#75 713 Upon motion by Council Member Henley,seconded by Council Member Rouse, City Council APPROVED, AS MODIFIED,AS PROFFERED,AS CONDITIONED,BY CONSENT, application of MCDONALD NURSERIES OF VIRGINL4 BEACH,INC for a Modi cation of Profers to a Conditional Rezoning and a Conditional Use Permit re bulk storage yard at 1144 Independence Boulevard,4015 Mason Street,parcel directly West of 1144 Independence Boulevard and 4011, 4017, 4021 Mason Street DISTRICT 9 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA MCDONALD NURSERIES OF VIRGINIA BEACH, INC for a Modification ofProffers to a Conditional Rezoning and a Conditional Use Permit re bulk storage yard at 1144 Independence Boulevard, 4015 Mason Street,parcel directly West of 1144 Independence Boulevard and 4011, 4017, 4021 Mason Street (GPINs 1478577429, 1478572695, PORTION OF 1478575009, 1478578655, 1478577656, 1478576658) DISTRICT 9 The following conditions shall be required: An agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court. Proffer 1: The property shall be improved with the existing structure and the proposed Office Warehouse Building, Customer Pickup Building, 36'x 108'Greenhouse and 35'x 73'Canopy, along with both existing Landscape Screening and additional Landscape Screening buffers substantially as depicted on the "CONCEPTUAL LAYOUT PLAN", sheet 3 of 5 and "LANDSCAPE SCREENING PLAN",sheet 4 of 5 of the "PROFFER MODIFICATIONAND CUP.EXHIBITS FOR McDONALD GARDEN CENTER", dated 1112912023 prepared by Kimley-Horn which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning&Community Development and incorporated herein by this reference (the "Conceptual Layout"and "Landscape Screening"plans). Proffer 2: When the Off ce Warehouse Building, Customer Pickup Building, 36'x 108'Greenhouse and 35'x 73' Canopy are constructed they shall have the exterior architectural appearance and quality substantially as depicted on those exhibits titled "OFFICEIWAREHOUSE ELEVATIONS" ("NORTH'; "EAST", "WEST" and "SOUTH'); "CANOPY EAST ELEVATION", "CANOPY SOUTH ELEVATION",- "SMALL GREENHOUSE EAST ELEVATION", "SMALL GREENHOUSE WEST ELEVATION", dated November 30, 2023, prepared by HBA Architecture and the "New Shed Construction For McDONALD GARDEN CENTER-BUILDING ELEVATIONS(A201)"undated,prepared by HBA Architecture which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning&Community Development and incorporated herein by this reference (the "Elevations'). May 21, 2024 60 ITEM— V.L.3 PLANNING ITEMS ITEM#75 713 (Continued) Proffer 3: All vehicular access to and from the property shall be solely from Independence Boulevard through the existing entrance to McDonald Garden Center. Proffer 4: The Property shall be restricted to the following uses and structures and uses and structures which are clearly incidental to or subordinate thereto: Greenhouse and tree, shrub and plant nursery and retail sales of trees,shrubs,plants and nursery items,garden supplies,accessories, equipment, materials, and other garden center merchandise such as clothing,furniture, books, gifts, ornaments, Christmas gifts, and storage facilities and areas for the foregoing, along with offices and necessary parking therefor and for all uses on the Grantor's property. Proffer 5: The hours of operations on the Property shall be from 8:00 AM to 8:00 PM and any, and all lighting on the Property shall be directed inward and shielded away from adjoiningproperties. Any outdoor lighting fixtures within 250 feet of the residentially zoned property at the terminus of Mason Street, which shares its platted western property line with the subject Property's easternmost property line shall be located no higher than 8 feet above the ground. Proffer 6: Further conditions may be required by the Grantee during detailed Site Plan Review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Conditional Use Permit 1. When the site is redeveloped, it shall be in substantial conformance with the submitted Conceptual Site Plan exhibit entitled "CONCEPTUAL LAYOUT PLAN", sheet 3 of 5, dated 1112912023,prepared by Kimley-Horn which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning & 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 Plan &Landscape Screening Plan entitled "CONCEPTUAL LANDSCAPE PLAN& LANDSCAPE SCREENING PLAN— PROFFER MODIFICATIONAND CUP EXHIBITS FOR MCDONALD GARDEN CENTER", sheet 4 of 5 & sheet 5 of 5, dated 1112912023, prepared by Kimley-Horn which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. The outdoor storage materials shall not be stacked higher than the privacy fence. May 21, 2024 61 ITEM— V.L.3 PLANNING ITEMS ITEM#75 713 (Continued) 4. The required Category VI screening surrounding the Bulk Storage Yard shall be installed and maintained for the duration of the use of the site as a Bulk Storage Yard. 5. Prior to final site plan approval, a Lighting Plan in accordance with Sections 252&254 of the Zoning Ordinance, or as amended, shall be submitted to the Department of Planning and Community Development for review and approval.All lighting on the site shall conform to the standards set forth in Section 252 of the Zoning Ordinance. This Ordinance shall be effective in accordance with Section 107(t)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 21s`day of May Two Thousand Twenty Four. Voting: 7- 0 Council Members Voting Aye: Mayor Robert M.Dyer, Barbara M.Henley,David Hutcheson, Robert W "Worth"Remick,Jennifer Rouse, Chris Taylor and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi,Dr.Amelia N. Ross-Hammond,Joashua F. "Joash"Schulman and Vice Mayor Rosemary Wilson May 21, 2024 .10 ki-0- 1-0 O 1--3 R15 01 K U ol -T R15 '01 ol a-IF 17 000 0 a� R�15 0/ B2 02 R15 2 /10 F1 I I N Site McDonald Nurseries of Virginia Beach, Inc W E Property Polygons Zoning 1144 Independence Boulevard, 4015 Mason Street, parcel directly s Building west of 1144 Independence Boulevard, and 4011 , 4017, 4021 Mason Street Feet 0 3570 140 210 280 350 420 tz a CITY OF VIRGINIA BEACH • - INTER-OFFICE CORRESPONDENCE S d OF OUR NPt%ON In Reply Refer To Our File No. DF-11137 DATE: May 10, 2024 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson DEPT: City Attorney RE: Conditional Zoning Application; McDonald Nurseries of Virginia Beach The above-referenced conditional zoning application is scheduled to be heard by the City Council on May 21, 2024. 1 have reviewed the subject proffer agreement, dated December 1, 2023 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: City Manager SECOND AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS McDONALD NURSERIES OF VIRGINIA BEACH, INC.,a Virginia corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 1st day of December, 2023, by and between McDONALD NURSERIES OF VIRGINIA BEACH, VIRGINIA, a corporation, party of the first part, Grantor; and THE CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia,party of the second part, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of 5.67 acres of property comprised of the eastern 3.76 acre portion of a 6.9 acre parcel and an adjoining 1.91 acre parcel located in the City of Virginia Beach,Virginia,as described in Exhibit"A"attached hereto and incorporated herein by reference,which is referred to herein as the"Property";and WHEREAS, the Grantor has initiated a modification to four (4) separate conditional amendments to the Zoning Map of the City of Virginia Beach,by petition addressed to the Grantee so as to modify and consolidate conditions to the Zoning Classification of the Property; and WHEREAS, the Grantor has requested Grantee to permit this modification of the following previously proffered agreements: (a) an "AGREEMENT" dated March 22, 1993 as recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, in Deed Book 3262,at Page 1701 (hereinafter"1993 Proffers"); (b) an "AGREEMENT"dated August 17, 1994, as recorded in the above referenced Clerk's Office, in Deed Book 3425, at Page 1876 (hereinafter "1994 Proffers"); (c) an "AGREEMENT" dated September 18, 1997, as recorded in the above referenced Clerk's Office, in Deed Book 3813, at Page 1253 (hereinafter "1997 Proffers"); and (d) those "PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS" dated PART OF GPIN: 1478-57-2695 GPIN: 1478-57-7429 PREPARED BY: SYK£S,POURDON. AA£RN&I.M.P.C. Prepared by: R.Edward Bourdon,Jr.,Esq.,VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 4429 Bonney Road Suite 500 Virginia Beach,Virginia 23462 February 11,2000,as recorded in the above referenced Clerk's Office in Deed Book 4257,at Page 0111 (hereinafter"2000 Proffers"),to reflect a set of consolidated amendments applicable to the land use plan on the Property; and WHEREAS, it is the intent of the Grantor that the proffered covenants, restrictions and conditions contained herein shall supersede in their entirety those covenants, restrictions and conditions as set forth in the 1993 Proffers, 1994 Proffers, 1997 Proffers and 2000 Proffers which are hereby replaced in their entirety; and WHEREAS,the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS,the Grantor acknowledges that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's proposed modification of conditions to the zoning gives rise; and WHEREAS, the Grantor has 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 Grantor, its successors, representatives, assigns, grantees, and other successors in title or interest,voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or-quid pro-quo for zoning,rezoning,site plan,building permit,or subdivision approval,hereby makes the following amended and restated 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 PREPARED BY: upon the Property and upon all parties and persons claiming under or through the Grantor, its SYKES, POURDON, successors,representatives,assigns,grantees,and other successors in interest or title: AHERN&LEVY,P.C. 1. The property shall be improved with the existing structure and the proposed Office Warehouse Building, Customer Pickup Building, 36' x 108' Greenhouse and 35' x 73' 2 Canopy, along with both existing Landscape Screening and additional Landscape Screening buffers substantially as depicted on the "CONCEPTUAL LAYOUT PLAN", sheet 3 of 5 and "LANDSCAPE SCREENING PLAN", sheet 4 of 5 of the "PROFFER MODIFICATION AND C.U.P. EXHIBITS FOR McDONALD GARDEN CENTER", dated 11/29/2023 prepared by Kimley-Horn which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning & Community Development and incorporated herein by this reference (the"Conceptual Layout"and "Landscape Screening"plans). 2. When the Office Warehouse Building, Customer Pickup Building, 36' x 108' Greenhouse and 35' x 73' Canopy are constructed they shall have the exterior architectural appearance and quality substantially as depicted on those exhibits titled "OFFICE/WAREHOUSE ELEVATIONS" ("NORTH", "EAST", "WEST" and "SOUTH"); "CANOPY EAST ELEVATION", "CANOPY SOUTH ELEVATION"; "SMALL GREENHOUSE EAST ELEVATION", "SMALL GREENHOUSE WEST ELEVATION", dated November 30, 2023, prepared by HBA Architecture and the "New Shed Construction For McDONALD GARDEN CENTER - BUILDING ELEVATIONS (A201)"undated,prepared by HBA Architecture which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning & Community Development and incorporated herein by this reference (the"Elevations"). 3. All vehicular access to and from the property shall be solely from Independence Boulevard through the existing entrance to McDonald Garden Center. 4. The Property shall be restricted to the following uses and structures and uses and structures which are clearly incidental to or subordinate thereto: Greenhouse and tree, shrub and plant nursery and retail sales of trees, shrubs, plants and nursery items, garden supplies, accessories, equipment, materials, and other garden center merchandise such as clothing, furniture, books, gifts, ornaments, Christmas gifts, and storage facilities and areas for the foregoing, along with offices and necessary parking therefor and for all uses on the Grantor's property. S. The hours of operations on the Property shall be from 8:00 AM to 8:00 PM and any and all lighting on the Property shall be directed inward and shielded away from adjoining PREPARED BY: properties. Any outdoor lighting fixtures within 250 feet of the residentially zoned property at SYKES.ROURDON. the terminus of Mason Street, which shares its platted western property line with the subject AHERN&LEVY.P.C. Property's easternmost property line shall be located no higher than 8 feet above the ground. 3 6. Further conditions may be required by the Grantee during detailed Site Plan Review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered, ratified and affirmed by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions,however,may be repealed,amended,or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument,provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950,as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded,said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority(a)to order,in writing,that any noncompliance with such conditions be remedied;and (b) to bring legal action or suit to insure compliance with such conditions,including mandatory or prohibitory injunction,abatement,damages,or other appropriate action,suit,or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator,made pursuant to these PREPARED BY: provisions, the Grantor shall petition the governing body for the review thereof prior to SYK£S.BOURDON, instituting proceedings in court; and AM£RN&LEVY.P.C. (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 4 be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,and indexed in the names of the Grantor and the Grantee. PREPARED BY: SYKES,BOURDON, AA£RN&LEVY.P.C. 5 WITNESS the following signature and seal: Grantor: McDONALD NURSERIES OF VIRGINIA BEACH, INC., a Virginia corpor Edward Mark Anderson, President STATE OF VIRGINIA CITY OF VIRGINIA BEACH,to-wit: The foregoing instrument was acknowledged before me this 120,day of December,2023, by Edward Mark Anderson, President of McDonald Nurseries of Virginia Beach, Inc., a Virginia corporation, Grantor. Notary Public My Commission Expires: August 31,2026 ��` �•MCco�';. Notary Registration Number: 192628 •���oNweq�y�Q�:: - m- :z U 1g262s ° v - ��� % OF VIRG��N �r� •,0TARY P0�••• 40111 0 PREPARED BY: SU S,BOURDON. AHLRN&LEVY,P.C. 6 EXHIBIT "A" EASTERN PART OF GPIN: 1478-57-2695 All that certain piece or parcel of land lying, situate and being in the City of Virginia Beach, Virginia,being the eastern 3.49 acres of that 6.89 acre property designated"New Parcel A-1"on that Plat Showing a Resubdivision of the Property of McDonald Nurseries of Virginia Beach And TCC-BTS INDEPENDENCE MT. INC. as recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia in Map Book 289,at Page 35,which portion is more particularly described as follows: Beginning at a point on the eastern right of way line of Independence Boulevard at its intersection with the northern boundary line of Parcel A-1 (MB 289,P. 35) thence running along the referenced boundary line S 60' 57' 58" E, 340.46 feet to a point at the TRUE POINT OF BEGINNING,thence continuing along the boundary line S 74'25'46"E, 181.16 feet to a point on the western right of way of Reedtown Road; thence turning and running along said right of way line S 22' 00' 22" W, 51.76 feet to a pin; thence S 68' 05' 37" E, 48.17 feet to a point along the western boundary line of Lot 1 (MB 236, P. 43); thence S 12' 32' 18"W, 133.35 feet to a point; thence turning and running S 76' 11' 10" E,25.74 feet to a point; thence S 27'08'47"W,248.85 feet; thence S 64' 10'45" E, 131.99 feet to a point of intersection with a 20'private right of way; thence S 31' 52' 56"W, 170.66 feet; thence turning and running N 66' 37' 04"W, 335.57 feet to a pin; thence N 23' 22' 56" E, 147.49 feet to a pin; thence turning and running S 71' 20' 25" E, 47.19 feet to a point; thence turning and running N 13' 53' 47" E, 234.96 feet to a point; thence N 12°06'08" E,219.41 feet to the TRUE POINT OF BEGINNING. Said eastern portion of PARCEL Al containing 3.49 acres. LOT 4-GPIN: 1478-57-7429 ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia and being known, numbered and designated as Lot 4, as shown on that certain plat entitled "Subdivision Plat of Parcels 1 & 2, Composite Plan of Properties in Reedtown",which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia,in Map Book 236,at Page 43. H:\AM\'-Mod of Proffers\"'McDonald Nurseries\Modifications to Proffers.doa PREPARED BY: SYKES,BOURDON. AHERN&LWY.P.0 7 Virginia Beach Planning Commission April 10, 2024, Public Meeting Agenda Items # 3 & 4 McDonald Nurseries of Virginia Beach, Inc RECOMMENDED FOR APPROVAL - CONSENT Ms. Cuellar: Our next item on the agenda is Agenda Items 3 and 4, McDonald Nurseries of Virginia Beach. Mr. Bourdon: Thank you, Madam Vice-Chair, Mr. Chairman, and Members of the Commission, for the record, Eddie Bourdon, Virginia Beach Attorney, representing McDonald's. I want to recognize that Dave Frantz, and Kyle Long with Kimley Horne came down today because I neglected to call, and tell them we're on the consent agenda because Mark Anderson, I did call him, and he didn't come. He otherwise would have been here. I appreciate being on the Consent Agenda. The five conditions of the Conditional Use Permit, as recommended by the staff, are acceptable. I appreciate Marchelle's work on this application. As for the proffers, as Marchelle mentioned in the informal, I will try to clarify something just briefly. The original proffers are four different parcels with separate proffers. All that are on the eastern half of the property. Three of those proffers had no issues with height of light fixtures. It's only the one easternmost parcel that adjoins a large residential parcel to the East at the end of Mason Street. That proffer had a hype limitation on lighting, and attorney error, I put the limitation on all the properties that are existing light fixtures on the middle parcels that are more than 8 feet in height, and to correct that, the owner of the property to the east, the residential property, is extremely happy and pleased with McDonald's and has no issues, and it's not really changing anything with regard to her property, which is the only property affected by that restriction, but the lighting on the front of the property, that's unconditional to begin with, so The Christmas lights and everything else are not in any way impacted by that restriction. It's just the back of the bulk storage yard. We appreciate being on the consent agenda. I'm gonna take the privilege for a second, and thank Mr. Kemp, Ms. Warren, Ms. Wilson, City Attorney, Mr. Styles for the first amendment -- the ordinance that you all just recommended approval of as one who's represented a number of salon owners and landlords on these applications. No one could quite figure out why there needed to be an application for that, and as Mr. Kemp said, it's been in the works for some time and, it's a needed amendment. It's just a lot of waste of time, effort, and money. Appreciate y'all recommending approval of that. Ms. Cuellar: Thank you very much. Is there any opposition to this item being placed on the consent agenda? Hearing none, I've asked Commissioner Coston to read this item into the record. Mr. Coston: The applicant, McDonald Garden Center, is relocating its headquarters to the subject site on Independence Boulevard, where it currently operates a large nursery. The applicant plans to make alterations to a site operation, and is therefore seeking to amend proffers associated with conditional rezonings approved by City Council in 1993, 94, and 97, related to the eastern 5.67 acres of the site conditional B2 community business, zoned property on Independence Boulevard. The applicant also seeks a conditional use permit for bulk storage yard to store materials, equipment, and trucks on the eastern portion of this site. The Commission agreed that it should be on the consent agenda, therefore we've placed it there. Ms. Cuellar: Thank you very much. Mr. Chair, that was the last item on our consent agenda. The Planning Commission places the following applications on the consent agenda. Items number 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, and 12. Mr. Alcaraz: Thank you. Do I have a motion to approve the consent as read by the vice-chair? Ms. Hippen: So moved. Mr. Alcaraz: Motion by Ms. Hippen. I need a second. Ms. Byler: Second. Mr. Alcaraz: Second by Ms. Byler. Are there any commissioners abstaining from — Mr. Plumlee: I'm abstaining from item 5. Mr. Alcaraz: Mr. Plumlee. Vote is open? Madam Clerk: The vote is now open. Awesome. By a vote of 9:0 with one abstention on item 5, item. Mr. Alcaraz: Abstention, didn't record? Madam Clerk: No, he's voting approval for the consent agenda with abstention to number 5, yeah. Items number 1, 2, 3, 4, 5, 6, 7, 8, 10, 11, and 12 have been recommended for approval. AYE 9 NAY 0 ABS 0 ABSENT 2 Alcaraz AYE Anderson AYE B ler AYE Cromwell AYE Coston AYE Cuellar AYE Estaris ABSENT Hi en AYE Mauch AYE Parks ABSENT Plumlee AYE PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: The property shall be improved with the existing structure and the proposed Office Warehouse Building, Customer Pickup Building, 36' x 108' Greenhouse and 35' x 73' Canopy, along with both existing Landscape Screening and additional Landscape Screening buffers substantially as depicted on the "CONCEPTUAL LAYOUT PLAN", sheet 3 of 5 and "LANDSCAPE SCREENING PLAN", sheet 4 of 5 of the "PROFFER MODIFICATION AND C.U.P. EXHIBITS FOR McDONALD GARDEN CENTER", dated 11/29/2023 prepared by Kimley-Horn which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning & Community Development and incorporated herein by this reference (the "Conceptual Layout" and "Landscape Screening" plans). Proffer 2: When the Office Warehouse Building, Customer Pickup Building, 36' x 108' Greenhouse and 35' x 73' Canopy are constructed they shall have the exterior architectural appearance and quality substantially as depicted on those exhibits titled "OFFICE/WAREHOUSE ELEVATIONS" ("NORTH", "EAST", "WEST" and "SOUTH"); "CANOPY EAST ELEVATION", "CANOPY SOUTH ELEVATION"; "SMALL GREENHOUSE EAST ELEVATION", "SMALL GREENHOUSE WEST ELEVATION", dated November 30, 2023, prepared by HBA Architecture and the "New Shed Construction For MCDONALD GARDEN CENTER - BUILDING ELEVATIONS (A201)" undated, prepared by HBA Architecture which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning & Community Development and incorporated herein by this reference (the "Elevations"). Proffer 3: All vehicular access to and from the property shall be solely from Independence Boulevard through the existing entrance to McDonald Garden Center. Proffer 4: The Property shall be restricted to the following uses and structures and uses and structures which are clearly incidental to or subordinate thereto: Greenhouse and tree, shrub and plant nursery and retail sales of trees, shrubs, plants and nursery items, garden supplies, accessories, equipment, materials, and other garden center merchandise such as clothing, furniture, books, gifts, ornaments, Christmas gifts, and storage facilities and areas for the foregoing, along with offices and necessary parking therefor and for all uses on the Grantor's property. Proffer 5: The hours of operations on the Property shall be from 8.00 AM to 8.00 PM and any and all lighting on the Property shall be directed inward and shielded away from adjoining properties. All lighting fixtures shall be IGGated RE) higheF thaR 8 feet abeve the gFeuRd. Any outdoor lighting fixtures within 250 feet of the residentially zoned property at the terminus of Mason Street which shares its platted western property line with the subiect Property's easternmost property line shall be located no higher than 8 feet above the ground. Proffer 6: Further conditions may be required by the Grantee during detailed Site Plan Review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. CONDITIONS 1. When the site is redeveloped, it shall be in substantial conformance with the submitted Conceptual Site Plan exhibit entitled "CONCEPTUAL LAYOUT PLAN", sheet 3 of 5, dated 11/29/2023, prepared by Kimley-Horn which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning & 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 Plan & Landscape Screening Plan entitled "CONCEPTUAL LANDSCAPE PLAN & LANDSCAPE SCREENING PLAN — PROFFER MODIFICATION AND CUP EXHIBITS FOR MCDONALD GARDEN CENTER", sheet 4 of 5 & sheet 5 of 5, dated 11/29/2023, prepared by Kimley-Horn which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. 3. The outdoor storage materials shall not be stacked higher than the privacy fence. 4. The required Category VI screening surrounding the Bulk Storage Yard shall be installed and maintained for the duration of the use of the site as a Bulk Storage Yard. 5. Prior to final site plan approval, a Lighting Plan in accordance with Sections 252 & 254 of the Zoning Ordinance, or as amended, shall be submitted to the Department of Planning and Community Development for review and approval. All lighting on the site shall conform to the standards set forth in Section 252 of the Zoning Ordinance. 62 ITEM— V.L.4 PLANNING ITEMS ITEM#75 714 Upon motion by Council Member Henley,seconded by Council Member Rouse, City Council APPROVED, AS CONDITIONED,BY CONSENT,ALL THINGS BEA UTYI KRAMBIAS PROPERTIES,LLC for a Conditional Use Permit re tattoo parlor at 250 Jersey Avenue, Unit 245 DISTRICT 4 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA ALL THINGS BEA UTYIKRAMBIAS PROPERTIES,LLCfor a Conditional Use Permit re tattoo parlor at 250 Jersey Avenue, Unit 245(GPIN 14 6 785 72990000)DISTRICT 4 The following conditions shall be required: 1. A business license for the Tattoo Parlor shall not be issued to the applicant without the approval of the Health Department to ensure compliance with the provisions of Chapter 23-51 of the City Code. 2. This Conditional Use Permit for a Tattoo Parlor shall be limited to the application of permanent makeup.No other form of tattooing shall be permitted. 3. The actual application of permanent makeup shall not be visible from the exterior of the establishment or from the waiting and sales area within the establishment. 4. Any on-site signage for the establishment shall meet the requirements of the City Zoning Ordinance, and there shall be no neon, electronic display or similar signage installed on the exterior of the building or in any window, or on the doors. Window signage shall not be permitted. A separate sign permit shall be obtained from the Department of Planning & Community Development for the installation of any new signs. This Ordinance shall be effective in accordance with Section 107(t)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 21"day of May Two Thousand Twenty Four. Voting: 7- 0 Council Members Voting Aye: Mayor Robert M. Dyer, Barbara M. Henley,David Hutcheson, Robert W. "Worth"Remick,Jennifer Rouse, Chris Taylor and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi, Dr.Amelia N. Ross-Hammond,Joashua F. "Joash"Schulman and Vice Mayor Rosemary Wilson May 21, 2024 B2% B2 i` , o 04� ear A24 a a 132 .� B2 as B2 �!A as a Admiral V1/right Road a. / o CD 4c BZ = --- a J Q � ❑ 11 C — -- 12 N ® Site w� ,E Property Polygons All Things Beauty s Zoning 250 Jersey Avenue, Unit 245 Building Feet 0 2550 100 150 200 250 300 63 ITEM— V.L 5 PLANNING ITEMS ITEM#75 715 Upon motion by Council Member Henley,seconded by Council Member Rouse, City Council APPROVED, AS CONDITIONED, BY CONSENT, application of SHANEEQUA CREIGHTON for a Condition Use Permit re family day-care at 5115 Richard Road DISTRICT 4 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA SHANEEQUA CREIGHTONfor a Condition Use Permit re family day- care at 5115 Richard Road(GPIN 1467865777)DISTRICT 4 The following conditions shall be required: 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. There shall be only one Home Occupation operating on the property at a time,such as the Family Care-Day Home associated with this Conditional Use Permit. 3. The Family Day-Care Home shall be limited to a total of twelve (12) children, other than children living in the home. 4. No more than one (1) additional employee/volunteer, who does not reside in the home, shall assist with the operation of the Family Day-Care home at any one time. 5. Any sign identifying the home occupation shall be non-illuminated, not more than (1) square foot in area and mounted flat against the residence. 6. The applicant shall maintain a license with the Commonwealth of Virginia for childcare. Failure to maintain a Family Day-Care Home license may result in revocation of the Family Day-Care Home Conditional Use Permit. 7. The fence enclosing the outdoor play area shall remain and be maintained for the duration of the Conditional Use Permit while active. 8. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. This Ordinance shall be effective in accordance with Section 107(f)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 21s`day of May Two Thousand Twenty Four. May 21, 2024 64 ITEM— V.L.5 PLANNING ITEMS ITEM#75 715 (Continued) Voting: 7- 0 Council Members Voting Aye: Mayor Robert M.Dyer, Barbara M. Henley,David Hutcheson, Robert W. "Worth"Remick, Jennifer Rouse, Chris Taylor and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi, Dr.Amelia N. Ross-Hammond,Joashua F. "Joash"Schulman and Vice Mayor Rosemary Wilson May 21, 2024 _ �B2 Richard .----_ Roaa -----__ i Al2 J B2 N ® Site W E Property Polygons Shaneequa Creighton S Zoning 5115 Richard Road Building Feet 0 5 10 20 30 40 50 60 65 ITEM— V.L.6 PLANNING ITEMS ITEM#75 716 Upon motion by Council Member Henley,seconded by Council Member Rouse, City Council APPROVED, AS CONDITIONED, BY CONSENT, application of PHENOMENAL KIDZ / CRESCENTE & MERYLL DELGADO for a Conditional Use Permit re family day-care at 1600 Castlefield Road DISTRICT 7 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA PHENOMENAL KIDZ / CRESCENTE & MERYLL DELGADO for a Conditional Use Permit re family day-care at 1600 Castlefield Road(GPIN 1475555115)DISTRICT 7 The following conditions shall be required.• 1. There shall be only one Home Occupation operating on the property at a time, such as the Family Care-Day Home associated with this Conditional Use Permit. 2. The Family Day-Care Home shall be limited to a total of twelve(12)children, other than children living in the home. 3. No more than one (1) additional employee/volunteer, who does not reside in the home, shall assist with the operation of the Family Day-Care home at any one time. 4. Any sign identifying the home occupation shall be non-illuminated, not more than (1) square foot in area and mounted flat against the residence. 5. The applicant shall maintain a license with the Commonwealth of Virginia for childcare. Failure to maintain a Family Day-Care Home license may result in revocation of the Family Day-Care Home Conditional Use Permit. 6. When the Family Day-Care Home is not open for business, all play equipment associated with the daycare shall be located behind the front fagade of the house. 7. The fence enclosing the outdoorplay area shall remain and be maintained for the duration of the Conditional Use Permit while active. 8. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach.Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. 9. Up to 4 children are permitted to be cared for overnight with this Family Day-Care Home Conditional Use Permit. 10. Arrival and departure times shall be staggered to avoid vehicular congestion. May 21, 2024 66 ITEM— V.L.6 PLANNING ITEMS ITEM#75 716 (Continued) 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 21"day of May Two Thousand Twenty Four. Voting: 7- 0 Council Members Voting Aye: Mayor Robert M.Dyer,Barbara M.Henley,David Hutcheson, Robert W "Worth"Remick,Jennifer Rouse, Chris Taylor and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi, Dr.Amelia N. Ross-Hammond,Joashua F. "Joash"Schulman and Vice Mayor Rosemary Wilson May 21, 2024 I E2 Z��4:z1=0 R10 i �O COO o O _ o ED p P arkwa y -n�nhaVen RC10 haven Parkway -Ly _ odose o � eC erhedg --'" �. O i Sum O 7 ) on �V�aY o v R7.5 0 00 R10 R7-.5 o N ® Site W E Property Polygons Phenomenal Kidz F—iZoning 1600 Castlefield Road S Building Feet 0 2550 100 150 200 250 300 67 ITEM— V L.7 PLANNING ITEMS ITEM#75 717 Upon motion by Council Member Henley, seconded by Council Member Rouse, City Council DEFERRED INDEFINITELY, BY CONSENT, application of INTI& LUGH VENTURES, LLC d/bla RELIABLE DETAILERSI TIMBERLAKE SHOPPING CENTER ASSOCIATES,LLCfor a Conditional Use Permit re car wash facility at 4239 Holland Road, Suite 772 DISTRICT 10 Voting: 7- 0 Council Members Voting Aye: Mayor Robert M.Dyer, Barbara M.Henley,David Hutcheson, Robert W. "Worth"Remick, Jennifer Rouse, Chris Taylor and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi, Dr.Amelia N. Ross-Hammond,Joashua F. "Joash"Schulman and Vice Mayor Rosemary Wilson May 21, 2024 68 ITEM— V.L.8 PLANNING ITEMS ITEM#75 718 Upon motion by Council Member Henley,seconded by Council Member Rouse, City Council APPROVED, AS CONDITIONED, BY CONSENT, application of MICHAEL O'CONNOR / MICHAEL H. & CHERYL K. O'CONNOR for a Conditional Use Permit re short-term rental at 303 Atlantic Avenue, Unit 1202 DISTRICT 5 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA MICHAEL O'CONNOR / MICHAEL H. & CHERYL K. O'CONNOR for a Conditional Use Permit re short-term rental at 303 Atlantic Avenue, Unit 1202 (GPIN 24273224032260) DISTRICT 5 The following conditions shall be required: 1. The following conditions shall only apply to the dwelling unit addressed as 303 Atlantic Avenue, Unit 1202, 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. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ti) of the City Zoning Ordinance or as approved by City Council. 4. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short-Term Rental use is active,parking passes issued for the subject dwelling unit(s) through the RPPP shall be limited to two (2) resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 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 of people who may stay overnight(number of bedrooms times two(2))on the property where the Short-Term Rental is located. This Short-Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. May 21, 2024 69 ITEM— V.L.8 PLANNING ITEMS ITEM#75 718 (Continued) 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 notify the new property owner of requirements `a'through `c'below. This information must be submitted to the Planning Department for review and approval. This shall be done within six(6) months of the property real estate transaction closing date. a) A completed Department of Planning and Community Development Short Term Rental Zoning Permit; and b) Copies of the Commissioner of Revenue's Office receipt of registration; and c) Proof of liability insurance applicable to the rental activity of at least$1-Million. 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 fres 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. May 21, 2024 70 ITEM— i.L.8 PLANNING ITEMS ITEM#75 718 (Continued) 15. The owner or operator shall provide proof of liability insurance applicable to the rental activity at registration and renewal of at least P-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 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). 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 smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3)All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three (3) 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. May 21, 2024 71 ITEM— V.L.8 PLANNING ITEMS ITEM#75 718 (Continued) 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 21'day of May Two Thousand Twenty Four. Voting: 7- 0 Council Members Voting Aye: Mayor Robert M.Dyer, Barbara M.Henley, David Hutcheson,Robert W. "Worth"Remick, Jennifer Rouse, Chris Taylor and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi, Dr.Amelia N. Ross-Hammond,Joashua F. "Joash"Schulman and Vice Mayor Rosemary Wilson May 21, 2024 OR OR ; Street � 4th e ` r' 1 o � � O-R O R OR -, Q Street 30 0R, O F, N ® Site w� E Property Polygons Michael O'Connor S Zoning 303 Atlantic Avenue, Unit 1202 Building Feet 0 1530 60 90 120 150 180 72 ITEM— V L.9 PLANNING ITEMS ITEM#75 719 Upon motion by Council Member Henley,seconded by Council Member Rouse, City Council APPROVED, AS CONDITIONED, BY CONSENT, application of JAMES MOORS for Conditional Use Permits re short-term rentals at 919 Pacific Avenue, Units A& C DISTRICT 5 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA JAMES MOORE for Conditional Use Permits re short-term rentals at 919 Pacific Avenue, Units A & C (GPIN 24272444111115)DISTRICT 5 The following conditions shall be required.• 1. The following conditions shall only apply to the dwelling units addressed as 919 Pacific Avenue Unit A and 919 Pacific Avenue Unit C, and the Short-Term Rental uses shall only occur in the principal structure. 2. An annual(yearly) SIR Zoning Permit must be obtained from the Department of Planning and Community Development (Zoning Administration) before using the dwelling for Short- Term Rental purposes. 3. Off-street parking shall be provided as required by Section 241.2 and 2303(b)(a)(i)(ii)of the City Zoning Ordinance or as approved by City Council. 4. For properties located within the boundaries of the Residential Parking Permit Program (RPPP), while the Short-Term Rental use is active, parking passes issued for the subject dwelling units)through the RPPP shall be limited to two(2)resident passes only. Guest and temporary passes through the RPPP shall not be permitted. 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,fare, or other similar codes. 6. No events associated with the Short-Term Rental shall be permitted with more than the allowed number of people who may stay overnight (number of bedrooms times two (2)) on the property where the Short-Term Rental is located. This Short-Term Rental may not request or obtain a Special Event Permit under City Code Section 4-1. 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. May 21, 2024 73 ITEM— i.L.9 PLANNING ITEMS ITEM#75 719 (Continued) 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. 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. IL 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 10:00p.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 May 21, 2024 74 ITEM— V.L.9 PLANNING ITEMS ITEM#75 719 (Continued) include minors under the age of 16,provided that in no case may the total number ofpersons staying overnight at the property exceed the number of approved bedrooms multiplied by three(3). 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 smoke alarm installed on every floor of the structure and in the areas adjacent to all sleeping rooms, and when activated, be audible in all sleeping rooms, and 3) All smoke alarms and carbon monoxide detectors have been inspected within the last twelve months and are in good working order. Properties managed by Short Term Rental Companies certified by the Department of Planning shall only be required to be inspected every three years. The inspection for compliance with the requirements above shall be performed by the short-term rental management company and be documented on a form prescribed by the Planning Department and shall be provided during the yearly permitting process. Properties may be inspected annually for compliance with the requirements above by certified Short Term Rental Management Companies or Certified Home Inspectors. The compliance inspection shall be documented on a form prescribed by the Planning Department and shall be provided during the yearly permit process. 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(f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 21s`day of May Two Thousand Twenty Four. May 21, 2024 75 ITEM— T.L.9 PLANNING ITEMS ITEM#75 719 (Continued) Voting: 7- 0 Council Members Voting Aye: Mayor Robert M.Dyer, Barbara M. Henley,David Hutcheson, Robert W. "Worth"Remick,Jennifer Rouse, Chris Taylor and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi, Dr.Amelia N. Ross-Hammond,Joashua F. "Joash"Schulman and Vice Mayor Rosemary Wilson May 21, 2024 1 R5S OR OR c� , Norfolk eet A gth S r __---f" venue _ __-_�-_ �. \� OR tD N ® Site w� .E Property Polygons James Moore s Zoning 919 Pacific Avenue, Units A & C Building Feet 0 1530 60 90 120 150 180 76 ITEM— V.L.10 PLANNING ITEMS ITEM#75 720 Upon motion by Council Member Henley, seconded by Council Member Rouse, City Council APPROVED, BY CONSENT, Ordinance to AMEND Section 111 of the City Zoning Ordinance (CZO) re the definitions of permanent cosmetic tattooing, personal service establishments, and tattoo parlor and ADD Section 209.8 to the CZO re provisions of permanent cosmetic tattooing Voting: 7- 0 Council Members Voting Aye: Mayor Robert M.Dyer, Barbara M. Henley,David Hutcheson, Robert W. "Worth"Remick, Jennifer Rouse, Chris Taylor and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi, Dr.Amelia N. Ross-Hammond,Joashua F. "Joash"Schulman and Vice Mayor Rosemary Wilson May 21, 2024 1 AN ORDINANCE TO AMEND SECTION 111 2 OF THE CITY ZONING ORDINANCE AND 3 ADD SECTION 209.8 TO THE CITY ZONING 4 ORDINANCE PERTAINING TO PERMANENT 5 COSMETIC TATTOOING 6 7 Section Amended: § 111 8 Section Added: § 209.8 9 10 WHEREAS, the public necessity, convenience, general welfare, and good zoning 11 practice so require; 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 That Section 111 the City Zoning Ordinance is hereby amended and Section 17 209.8 is hereby added and reordained to read as follows: 18 19 Sec. 111. Definitions. 20 21 For the purpose of this ordinance, words used in the present tense shall include 22 the future; words used in the singular number include the plural and the plural the 23 singular; the use of any gender shall be applicable to all genders; the word "shall" is 24 mandatory; the word "may" is permissive; the word "land" includes only the area 25 described as being above mean sea level; and the word "person" includes an individual, 26 a partnership, association, or corporation. 27 . . . . 28 29 Parking structure. A building or structure, or portion thereof, designed or used for 30 temporary parking of motor vehicles and consisting of more than one (1) parking level or 31 containing retail sales establishments and parking at different levels. 32 33 34 Permanent cosmetic tattooing. Placing marks upon or under the skin of anv 35 person with ink or any other substance, by the use of needles or other instruments 36 designed to touch or puncture the skin, resulting in the permanent or semi-permanent 37 coloration of the skin on the face, including eyebrows, eveliners, lip coloring, lip liners, 38 full lips, cheek blush, eve shadow, forehead and scalp micropigmentation, and on the 39 body for breast and scar repigmentation or camouflage. 40 41 42 Personal service establishment. An establishment in which personal, financial, 43 technical or similar services are provided, including barbershops, beauty shops, shoe 44 repair shops, cleaning, dyeing, laundry, pressing, dressmaking, tailoring and garment 45 repair shops, linen supply establishments, photography studios and similar 46 establishments, but not including automobile repair establishments, tattoo parlors, 1 47 body piercing establishments or any other use allowed separately as a principal or 48 conditional use in a zoning district. Permanent cosmetic tattooing is an accessory use 49 to a personal service establishment full-service beauty salon in accordance with the 50 provisions of section 209.8 51 52 . . . . 53 54 Tattoo parlor. Any place in which is offered or practiced the placing of designs, 55 letters, scrolls, figures, symbols or any other marks upon or under the skin of any 56 person with ink or any other substance, by the use of needles or other instruments 57 designed to touch or puncture the skin, resulting in the permanent coloration of the skin, 58 except when performed by a medical doctor, registered nurse or any other medical 59 services personnel licensed pursuant to Title 54.1 of the Code of Virginia in the 60 performance of his professional duties. A personal service establishment providing 61 permanent cosmetic tattooing as an accessory use in accordance with the provision of 62 section 209.8 shall not be deemed a tattoo parlor. 63 64 . . . . 65 66 Sec. 209.8. Permanent cosmetic tattooing 67 68 Permanent cosmetic tattooing may be conducted as an accessory use to a 69 personal service establishment that operates as a full-service beauty salon offering a 70 wide range of services typical to such salons Permanent cosmetic tattooing shall be 71 conducted in compliance with the provisions of Chapter 23 of the City Code 72 73 . . . . Adopted by the Council of the City of Virginia Beach, Virginia, on the 21 s t day Of May , 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: � f� lanning Department City Attor 's Office CA16401 R-5 February 28, 2024 2 77 ITEM— VL10 PLANNING ITEMS ITEM#75 721 Upon motion by Council Member Henley,seconded by Council Member Rouse, City Council APPROVED, BY CONSENT, Ordinance to AMEND Sections 201 and 206 of the City Zoning Ordinance (CZO) re placement of Stormwater Facilities Voting: 7- 0 Council Members Voting Aye: Mayor Robert M.Dyer, Barbara M. Henley, David Hutcheson,Robert W. "Worth"Remick, Jennifer Rouse, Chris Taylor and Sabrina D. Wooten Council Members Absent: Michael F. Berlucchi, Dr.Amelia N. Ross-Hammond,Joashua F. "Joash"Schulman and Vice Mayor Rosemary Wilson May 21, 2024 1 AN ORDINANCE TO AMEND SECTIONS 201 2 AND 206 OF THE CITY ZONING 3 ORDINANCE PERTAINING TO THE 4 PLACEMENT OF STORMWATER 5 FACILITIES 6 7 Sections Amended: §§ 201 and 206 of the City 8 Zoning Ordinance 9 10 WHEREAS, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 That Sections 201 and 206 of the City Zoning Ordinance are hereby amended 17 and reordained to read as follows: 18 19 Sec. 201. Yards. 20 21 (a) General. All required yards shall be unobstructed by any structure or other 22 improvement which exceeds sixteen (16) inches in height as measured from ground 23 elevation; provided, however, the following improvements may be located in a yard: 24 25 . . . . 26 27 (12) Existing nonconforming residential structures located in a Special Flood 28 Hazard Area, as defined in Section 1 .3 of the Floodplain Ordinance, which 29 are raised for flood protection, may extend into required yards, provided 30 that the structure remains within the same footprint as the original 31 structure..., 32 33 (13) Public stormwater facilities and structures accessory thereto may be 34 located in a yard, in accordance with section 206(e). 35 36 . . . . 37 38 Sec. 206. Public and private pump stations, water tanks and other unmanned 39 utility facilities less than four hundred square feet an building area. 40 41 Individual district requirements for minimum lot area, lot width and yard spacing 42 requirements notwithstanding, the following requirements for public and private pump 43 stations, water tanks, and other unmanned utility facilities 44 square foot on bull iRg area shall apply in all districts where they are permitted: 45 46 (a) Minimum lot area. The minimum lot area shall be one thousand six 47 hundred (1,600) square feet. 48 49 (b) Minimum lot width. The minimum lot width shall be forty (40) feet 50 measured at the building location; provided, however, that when a facility 51 covered by this section is not located adjacent to a public street, a right-of- 52 way or easement for ingress of minimum width of fifteen (15) feet shall be 53 provided. 54 55 (c) Setbacks. The minimum front yard setback shall be ten (10) feet. The 56 minimum side and rear yard setbacks shall be five (5) feet; provided, 57 however, that in the case of a corner lot, the setback from all right-of-way 58 lines shall be ten (10) feet. 59 60 (d) Each lot for which these reduced requirements apply shall be restricted to 61 the uses described in this section, and this restriction shall be noted on 62 any plat or other document describing such lot. 63 64 (e) Any public stormwater facilities, structures or accessory components 65 which are part of a system of interdependent sites and whose location is 66 inherently dependent on proximity to waterways or other codependent 67 stormwater facilities, shall be exempt from the provisions of (a) (b) and (c, 68 above. 69 70 Adopted by the Council of the City of Virginia Beach, Virginia, on the 21 s t day 71 of May 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: rign�ni'na Department City Attorneys Office CA16459 R-4 April 2, 2024 78 ITEM— V M APPOINTMENTS ITEM#75 722 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: 90 DAY FESTIVAL TASK FORCE ACTIVE TRANSPOR TA TION AD VISOR Y COMMITTEE ADVERTISING ADVISORY COMMITTEE ARTS AND HUMANITIES COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION EASTERN VIRGINIA REGIONAL INDUSTRIAL FACILITYAUTHORITY GREEN RIBBON COMMITTEE HEALTH SERVICES AD VISOR Y BOARD HISTORIC PRESERVATION COMMITTEE HUMAN RIGHTS COMMISSION OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PERSONNEL BOARD PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION SOCIAL SERVICES ADVISORYBOARD TRANSITION AREWITA ADVISORY COMMITTEE VB VA250 COMMITTEE May 21, 2024 79 ADJOURNMENT ITEM#75 723 Mayor Robert M. Dyer DECLARED the City Council FORMAL SESSION ADJOURNED crt 6:33 P.M. r Terri Chief Deputy City Cle 1 A da rn MC Robert M. Dyer City Clerk Mayor City of Virginia Beach Virginia May 21, 2024