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HomeMy WebLinkAbout6-18-2024 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR ROBERT M. "BOBBY"DYER,At Large 1A•B VICE MAYOR ROSEMARY WILSON-District 5 MICHAEL F.BERL UCCHI-District 3 p4 BARBARA M.HENLEY-District 2 Z DAVIDHUTCHESON-District I ROBERT W. "WORTH"REMICK-District 6 DR.AMELIA N.ROSS-HAMMOND-District 4 JENNIFER ROUSE-District 10 '+, et JOASHUAF. ':IOASH"SCHULMAN-District 9 0°p o°■ %W*0 CHRIS TAYLOR-District 8 SABRINA D. WOOTEN-District 7 CITY HALL BUILDING I CITY COUNCIL APPOINTEES 1401 COURTHOUSE DRIVE CITY MANAGER-PA TRICK A.DUHANEY VIRGINIA BEACH, VIRGINIA 23456 CITYATTORNEY-MARKD.STILES CITY COUNCIL AGENDA PHONE:(75 7)385-43 03 CITY ASSESSOR-SUE CUNNINGHAM FAX(757)385-5669 CITY AUDITOR-LYNDONS.REMIAS June 18,2024 EMAIL:CITYCOUNCIL@VBGOV.COM CITY CLERK-AMANDA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY COUNCIL'S BRIEFING - Conference Room- 2:30 PM A. EAST COAST SURFING CHAMPIONSHIP (ECSC) Tony Pellino, General Manager—Coastal Edge East Coast Surfing Championship (Requested by Mayor Dyer, Vice Mayor Wilson, Council Members Remick and Schulman) II. CITY MANAGER'S BRIEFINGS A. FY 2024-25 VBCPS AMENDED BUDGET 3:00 PM Crystal Pate, Chief Financial Officer—Virginia Beach City Public Schools(VBCPS) B. FUNDING PLAN FOR THE ARTS 3:30 PM Emily Labows, Director—Cultural Affairs C. PEMBROKE SQUARE REDEVELOPMENT 4:15 PM Kathy Warren, Director—Planning and Community Development III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 4:45 PM IV. CITY COUNCIL AGENDA REVIEW 5:00 PM V. INFORMAL SESSION - Conference Room- 5:15 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION Chaplain Sandra Deadwyler Virginia Beach Police Department, 41" Precinct C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. FORMAL SESSION May 28, 2024 2. INFORMAL AND FORMAL SESSIONS June 4,2024 3. SPECIAL FORMAL SESSION June 11,2024 H. MAYOR'S PRESENTATION 1. PROCLAMATION—AMATEUR RADIO WEEK JUNE 17-21 Douglas Duggan, President—VA Beach Ham Radio Club I. PUBLIC HEARINGS 1. ACQUISITION OF AGRICULTURAL LAND PRESERVATION (ARP) EASEMENT Installment Purchase Agreement for 57.70 acres at 3645 Muddy Creek Road and 66.79 acres at 3141 Land of Promise Road and Blackwater Road 2. DECLARATION AND SALE OF EXCESS CITY PROPERTY 1452 & 1456 Bartow Place and 207 Webster Place J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Ordinance to TRANSFER $37,713 from General Fund Vacancy Savings and AUTHORIZE a grant to the First Lynnhaven Baptist Church re offset a portion of the costs associated with the Youth Enrichment Summer Camp (Requested by Mayor Dyer, Vice Mayor Wilson and Council Members Berlucchi, Ross-Hammond and Wooten) 2. Ordinance to APPROPRIATE$224,520 from the Tourism Investment Program(TIP)Fund to the FY 2024-25 Economic Development Operating Budget re continue Freebee Services through October 31,2024(Requested by Mayor Dyer and Council Members Remick,Ross- Hammond, Rouse, Schulman, and Wooten) 3. Ordinance to APPROPRIATE $75,000 from the Tourism Investment Program (TIP) Fund to the FY 2023-24 Non-Departmental Operating Budget and AUTHORIZE a grant to the Virginia Beach Jaycees re enhancements to the East Coast Surfing Championship (ECSC)—Requested by Mayor Dyer, Vice Mayor Wilson, and Council Members Remick, Ross-Hammond, Rouse and Schulman 4. Resolution to ESTABLISH a Stormwater Management Implementation Advisory Group (Requested by Mayor Dyer and Council Member Schulman) 5. Ordinance to AUTHORIZE the acquisition in fee simple for the 17th Street Improvement Phase I Pacific Avenue to Cypress Avenue Project, CIP 100001 and the acquisition of temporary and permanent easements, either by agreement or condemnation re improved function and connectivity 6. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease for up to five(5)years for City-owned property with the Virginia Beach Maritime Museum, Inc. at 24t' Street and Atlantic Avenue,together with the building re"Old Coast Guard Building" 7. Resolution to DIRECT the City Attorney to file a Petition for a Writ of Special Election re Office of Council Member, District 8 8. Ordinance to ADD City Code Section 33-113.3 re encroachments in Sandbridge Waterways 9. Ordinance to AMEND City Code Sections 37-71, 37-72 and 37-72.1 re backflow prevention devices 10. Ordinance to AMEND the Title of Article XII of Chapter 35 and Sections 35-252 and 18- 104.1 and REPEAL City Code Sections 18-59 and 18-60 re taxes upon businesses that rent tangible personal property(Requested by Commissioner of Revenue) 11. Ordinance to AMEND the Title of Article VII Chapter 35 and City Code Sections 35-158 and 35-161 through 35-169 re Transient Occupancy Tax (Requested by Commissioner of Revenue) 12. Ordinance to ADOPT a revised Policy re remote participation by Council Members in Council Meetings 13. Resolution to RE-ADOPT Procedures re Selection, Evaluation and Award of Design- Build and Construct Management Contracts 14. Ordinance to AUTHORIZE temporary encroachments into a 5' City-owned drainage and utility easement at 2116 West Admiral Drive re construct and maintain a boat lift, vinyl bulkhead, and an existing wood bulkhead DISTRICT 8 15. Ordinance to AUTHORIZE the execution of a Cost Participation Agreement with TFJG Canopy,LLC and APPROPRIATE$1-Million from the Fund Balance of the General Fund to the FY 2024-25 Planning Operating Budget to meet obligations re construction of intersection improvements at Laskin Road and Winwood Drive 16. Resolution to RENEW permits to ALLOW Emergency Medical Services agencies to operate in the City re American Medical Response Mid-Atlantic, Inc.; Children's Hospital of King's Daughters; Lifecare Medical Transports, Inc.; MB Solutions,LLC; Midwest Medical Transport; Nightingale Regional Air Ambulance; Reliance Medical Transport; Robbie's Ambulance Service, Inc.; Special Event Providers of Emergency Medical, Inc. and Tidewater Medical Transport,Inc. 17. Ordinance to APPOINT Dana R. Harmeyer to the position of Deputy City Attorney, effective July 11, 2024 18. Ordinance to APPOINT Victoria R. Eisenberg to the position of Deputy City Attorney, effective July 11, 2024 19. Ordinance re the Compensation of the City Manager effective July 1,2024(Requested by City Council) 20. Ordinance re the Compensation of the City Attorney effective July 1, 2024 (Requested by City Council) 21. Ordinance re the Compensation of the City Clerk effective July 1,2024(Requested by City Council) 22. Ordinance re the Compensation of the City Real Estate Assessor effective July 1, 2024 (Requested by City Council) 23. Ordinance re the Compensation of the City Auditor effective July 1, 2024 (Requested by City Council) 24. Ordinance to ACCEPT a donation of Radiation Detection Equipment from the Securing the Cities (STC) Program re replace Fire Department aging and outdated equipment 25. Ordinance to ACCEPT and APPROPRIATE $2,155,634 from the Virginia Office of Children's Services to the FY 2023-24 Human Services Operating Budget and AUTHORIZE a local match of$538,762 re Children's Services Act(CSA)Program 26. Ordinance to ACCEPT and APPROPRIATE $237,658 from the Virginia Department of Behavioral Health and Developmental Services to the FY 2023-24 Human Services Operating Budget re support the Permanent Supportive Housing Program 27. Ordinance to ACCEPT and APPROPRIATE $200,000 from the Virginia Department of Behavioral Health and Developmental Services to the FY 2023-24 Human Services Operating Budget re modernize the Electronic Healthcare Record System 28. Ordinance to ACCEPT and APPROPRIATE $99,452 and $56,830 from the Virginia Department of Behavioral Health and Developmental Services to the FY 2023-24 Human Services Operating Budget re expand Community Based Substance Use Services 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 May 21, 2024) RECOMMENDATION: APPROVAL M. APPOINTMENTS ACTIVE TRANSPORTATION ADVISORY COMMITTEE ADVERTISING ADVISORY COMMITTEE BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMITTEE OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS & RECREATION COMMISSION PERSONNEL BOARD PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 The Agenda(including all backup documents) is available at https:Hcicrk.virginiabeach.gov/city council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting,please submit your request to TChelius(cvb ov.com or call 385-4303. Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually,must follow the two-step process provided below: 1. Register for the WebEx at: htips://vbgov.webex.com/weblink/register/re6O227d95d25c53b65e5aeO2f1 c726af 2. Register with the City Clerk's Office by calling 757-3854303 prior to 5:00 p.m.on June 18,2024. I. CITY COUNCIL'S BRIEFING -Conference Room- 2:30 PM A. EAST COAST SURFING CHAMPIONSHIP (ECSC) Tony Pellino, General Manager—Coastal Edge East Coast Surfing Championship (Requested by Mayor Dyer, Vice Mayor Wilson, Council Members Remick and Schulman) II. CITY MANAGER'S BRIEFINGS A. FY 2024-25 VBCPS AMENDED BUDGET 3:00 PM Crystal Pate, Chief Financial Officer—Virginia Beach City Public Schools (VBCPS) B. FUNDING PLAN FOR THE ARTS 3:30 PM Emily Labows,Director—Cultural Affairs C. PEMBROKE SQUARE REDEVELOPMENT 4:15 PM Kathy Warren,Director—Planning and Community Development III. CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS 4:45 PM IV. CITY COUNCIL AGENDA REVIEW 5:00 PM V. INFORMAL SESSION - Conference Room- 5:15 PM A. CALL TO ORDER B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Robert M. "Bobby" Dyer B. INVOCATION Chaplain Sandra Deadwyler Virginia Beach Police Department, 4"' Precinct C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. FORMAL SESSION May 28,2024 2. INFORMAL AND FORMAL SESSIONS June 4, 2024 3. SPECIAL FORMAL SESSION June 11, 2024 H. MAYOR'S PRESENTATION 1. PROCLAMATION—AMATEUR RADIO WEEK JUNE 17-21 Douglas Duggan, President—VA Beach Ham Radio Club IA- Bic U �p OUR N`p`.�Ot�' Proclamation Whereas: 2fre city of Virginia Beach has more than 800 LicensedAmateur 9?gdw Operators who have demonstrated their value in pu6Ctc assistance by providing emergency radio communications;and 'Gtd4ereas: 2fieAmateurWw Operators workwithout compensation from the city in the best interests of the citizens as weffas the world,•and Uiemas: AmateurWidw Operators are on alert for any local orglobalemergency andcommitted to being a critical resource in homelandsecurity efforts;and 'Whereas: Amateur Wio Operators practice their communications skiffs, most notably during the American radio relay field day 2024 exercise to 6e held on,dune 22 and 23 this year, and Wfiemar Members of the'Virginia Beach Amateur RWto Club give of their time and talent and hardworkfor the last 60 plus years to educate others on the importance ofAmateur Ww Operations. Now,4ftertfoa I, Wp6ert W. "Bo66y"(Dyer,Mayor of the City of'Virginia Beach, 'Virginia,do hereby proclaim: AJI�I q EV R RX DIO WEEK JV9J E 17-21 In 'G4rginia tBeach, I call'upon the citizens to join us in celebrating the Amateur�dw `Week for providing help for over 60 years,for working with the emergency management office, and has a seat and room in the EOC. For working at all emergency shelters in times of emergency service and spreading the wordandworking around the city doing speciafradw events. In U itness I+L-Ywf, I have hereunto set my hand and caused the Officiaf Seal of the City of Virginia Beach, Virginia, to be affixed this Eighteenth Day of,dune, Two rlhousand and Twenty- Tour. (jg6ert W. "Bob6y"(Dyer Mayor I. PUBLIC HEARINGS 1. ACQUISITION OF AGRICULTURAL LAND PRESERVATION(ARP) EASEMENT Installment Purchase Agreement for 57.70 acres at 3645 Muddy Creek Road and 66.79 acres at 3141 Land of Promise Road and Blackwater Road 2. DECLARATION AND SALE OF EXCESS CITY PROPERTY 1452 & 1456 Bartow Place and 207 Webster Place u•n�y 6 ow M NOTICE OF PUBLIC HEARING ON THE EXECUTION AND DELIVERY OF AN INSTALLMENT PURCHASE AGREEMENT FOR THE ACQUISITION OF DEVELOPMENT RIGHTS ON CERTAIN PROPERTY BY THE CITY OF VIRGINIA BEACH,VIRGINIA Notice is hereby given that the City Council of the City of Virginia Beach,Virginia,will hold a public hearing with respect to the execution and delivery of Installment Purchase Agreements for the acquisition of agricultural land preservation easements with respect to(1)57.70 acres of land located at 3645 Muddy Creek Road(GPIN: 2422-01-4591)and(2)66.79 acres of land located at 3141 Land of Promise Road(GPIN:1480-71-4857)and Blackwater Road(GPIN:1480-72-4833),in the City of Virginia Beach,Virginia,pursuant to Ordinance No.95- 2319,as amended,known as the Agricultural Lands Preservation Ordinance, which establishes an agricultural reserve program for the southern portion of the City designated to(a)promote and encourage the preservation of farmland,(b)preserve open spaces and the area's rural character, (c) conserve and protect environmentally sensitive resources, (d) reduce and defer the need for major infrastructure improvements AA� and the expenditure of public funds for such improvements,and(e)assist in shaping the character, direction and timing of community development.Such easements will be purchased pursuantto an Installment Purchase Agreement for an estimated maximum purchase price of $905,890 and $514,283, respectively.The City's obligation to pay the purchase price under the Installment Purchase Agreement is a general obligation of the City,and the full faith and credit and the unlimited taxing power of the City will be irrevocably pledged to the punctual payment of the purchase price and the interest on the unpaid principal balance of the purchase price as and when the same respectively become due and payable. The public hearing,which may be continued or adjourned,will be held by the City Council on Tuesday.June 18.2024,at 6:00 p.m,in the City Council Chamber located on the 2nd floor of the City Hall Building, 2401 Courthouse Drive,Virginia Beach,Virginia. Any person interested in this matter may appear and be heard. If you wish to make comments virtually duringthe public hearing, please follow the two-step process provided below: 1. Register with the City Clerk's Office by calling 757- 385A303 prior to 5:00 p.m.on June 18,2024. 2. Download WebEx and view the meeting at: https://vbPov.wet)ex.com/weblink/register/re602 27d95d25c53b65e5ae02flc726af All interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT: 6/2/24 and 6/9/24 rS9'G;NNBEjcy. I'4 i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing 1) the Acquisition of an Agricultural Land Preservation Easement from Michael A. and Tabitha L. Roman (57.70+/- Acres), 2) the Issuance by the City of its Contract Obligations in the Maximum Principal Amount of $905,890, and 3) Transfer of Funds to Purchase U.S. Treasury STRIPS PUBLIC HEARING DATE: June 18, 2024 MEETING DATE: July 2, 2024 ■ Background: In May 1995, the Agricultural Lands Preservation Ordinance (the "Ordinance") was adopted by the City Council for the purpose of promoting and encouraging the preservation of farmland in the rural southern portion of the City. Under the Agricultural Reserve Program established by the Ordinance, the City purchases the development rights of eligible parcels of land, leaving the fee simple ownership of the land unchanged. These purchases are embodied by perpetual agricultural land preservation easements pursuant to which only agricultural uses, as defined in the Ordinance, are allowed on the land. The subject property has been appraised by an independent appraiser retained by the City. The appraiser has determined the fair market value of the property, based upon seven (7) comparable sales. From the fair market value, the value of the development rights has been determined by subtracting $1 ,800 per acre, which has previously been established as the farm value (i.e. value of the land restricted to agricultural uses) for land throughout the southern rural area of the City. The resulting amount is the value of the development rights of the property. All offers by the City to purchase the development rights of property are expressly made contingent upon the absence of any title defects or other conditions which, in the opinion of the City Attorney, may adversely affect the City' s interests, and other standard contingencies. ■ Considerations: The subject property, which consists of one (1) parcel of land having approximately 57.70 acres outside of marshland and swampland, is owned by Michael A. and Tabitha L. Roman. The parcel is located at 3645 Muddy Creek Road (GPIN: 2422-01-4591) and is shown on the attached Location Map. Under current development regulations, there is a total development potential of four (4) single-family dwelling building sites, of which zero (0) building sites are being reserved for future development. The proposed purchase price, as stated in the ordinance, is $905,890. This price is the equivalent of approximately $15,700 per acre. The terms of the proposed acquisition are that the City would pay only interest for a period of 25 years, with the principal amount being due and payable 25 years from the date of closing. The interest rate to be paid by the City will be the greater of 4.839% per annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS purchased by the City to fund its principal obligation under the Installment Purchase Agreement, not to exceed 6.839% without the further approval of the City Council. The City has matching funds available for a portion of this purchase through the Virginia Department of Agriculture and Consumer Services ("VDACS"), pursuant to an agreement between the City and VDACS, authorized by this Council on February 20, 2024 (RES-04253). The ordinance authorizes the transfer of the amount needed to purchase the U.S. Treasury STRIPS from the Agriculture Reserve Program Special Revenue Fund to the General Debt Fund. The proposed terms and conditions of the purchase of the development rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance. ■ Public Information: Notice of Public Hearing has been advertised by publication in a newspaper having general circulation in the City once per week for two successive weeks (June 2, 2024 and June 9, 2024). The Public Hearing will be held on June 18, 2024. Public notice will be provided via the normal City Council agenda process. ■ Alternatives: The City Council may decline to purchase the development rights to the property. ■ Recommendations: Adoption of the ordinance and acquisition of the development rights, assuming all contingencies are met. ■ Attachments: Ordinance Summary of Terms of Installment Purchase Agreement Location Map Disclosure Statement Form Recommended Action: Adoption Submitting Department/Agency: Agriculture Department City Manager: 1 AN ORDINANCE AUTHORIZING 1) THE ACQUISITION 2 OF AN AGRICULTURAL LAND PRESERVATION 3 EASEMENT FROM MICHAEL A. AND TABITHA L. 4 ROMAN (57.70+/- ACRES), 2) THE ISSUANCE BY THE 5 CITY OF ITS CONTRACT OBLIGATIONS IN THE 6 MAXIMUM PRINCIPAL AMOUNT OF $905,890, AND 3) 7 TRANSFER OF FUNDS TO PURCHASE U.S. 8 TREASURY STRIPS 9 10 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 11 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 12 presented to the City Council a request for approval of an Installment Purchase Agreement 13 (the form and standard provisions of which have been previously approved by the City 14 Council, a summary of terms of which is hereto attached, and a copy of which is on file in 15 the City Attorney's Office) for the acquisition of the Development Rights (as defined in the 16 Installment Purchase Agreement) on certain property located in the City and more fully 17 described in Exhibit B of the Installment Purchase Agreement for a purchase price of 18 $905,890; and 19 20 WHEREAS, the aforesaid Development Rights shall be acquired through the 21 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 22 compliance with, the requirements of the Ordinance; and 23 24 WHEREAS, the City Council has reviewed the proposed terms and conditions of the 25 purchase as evidenced by the Installment Purchase Agreement. 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 30 1. The City Council hereby determines and finds that the proposed terms and 31 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 32 Agreement, including the purchase price and manner of payment, are fair and reasonable 33 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 34 is hereby authorized to approve, upon or before the execution and delivery of the 35 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 36 balance of the purchase price set forth hereinabove as the greater of 4.839% per annum or 37 the per annum rate which is equal to the yield on United States Treasury STRIPS 38 purchased by the City to fund such unpaid principal balance; provided, however, that such 39 rate of interest shall not exceed 6.839% unless the approval of the City Council by 40 resolution duly adopted is first obtained. 41 42 2. The City Council hereby further determines that funding is available for the 43 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 44 the terms and conditions set forth therein. 45 3. The City Council hereby expressly approves the Installment Purchase 46 Agreement and, subject to the determination of the City Attorney that there are no defects 47 in title to the property or other restrictions or encumbrances thereon which may, in the 48 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 49 Manager or his designee to execute and deliver the Installment Purchase Agreement in 50 substantially the same form and substance as approved hereby with such minor 51 modifications, insertions, completions or omissions which do not materially alter the 52 purchase price or manner of payment, as the City Manager or his designee shall approve. 53 The City Council further directs the City Clerk to affix the seal of the City to, and attest 54 same on, the Installment Purchase Agreement. The City Council expressly authorizes the 55 incurrence of the indebtedness represented by the issuance and delivery of the Installment 56 Purchase Agreement. 57 58 4. The City Council hereby elects to issue the indebtedness under the Charter of 59 the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes the 60 indebtedness a contractual obligation bearing the full faith and credit of the City. 61 62 5. The City Council hereby authorizes the transfer of $276,206 from the 63 Agricultural Reserve Program Special Revenue Fund to the General Debt Fund, and the 64 City Manager is empowered to transfer sufficient additional funds or return funds not 65 required from the Agricultural Reserve Program Special Revenue Fund notwithstanding the 66 dollar limits provided by the Annual Appropriation Ordinance,to purchase the United States 67 Treasury STRIPS as described in the Installment Purchase Agreement. 68 69 Adoption requires an affirmative vote of a majority of all members of the City Council. 70 71 Adopted by the Council of the City of Virginia Beach, Virginia, on this day of 72 2024. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: I A � /TEZ A(7� Agriculture Department R6dget and nagemen Services CERTIFIED AS TO AVAILABILITY APPROVED AS TO LEGAL SUFFICIENCY: OFF ND J' Director of Finance City Attorney's Office CA16235 \\vbgov.com\dfs 1\a ppl ications\citylaw\cycom32\wpd ocs\d010\p050\00965501.doc R-1 June 4, 2024 2 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO.2023-169 SUMMARY OF TERMS SELLER: Michael A. and Tabitha L. Roman PROPERTY: 3645 Muddy Creek Road/GPIN: 2422-01-4591 PURCHASE PRICE: $905,890 EASEMENT AREA: 57.70 acres,more or less DEVELOPMENT POTENTIAL: 4 single-family building sites (0 reserved by Seller for future development) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price,but not less than 4.839%(actual rate to be determined when STRIPS are purchased prior to execution of Installment Purchase Agreement("IPA")). Rate may not exceed 6.839%without approval of City Council. TERMS: Interest only, twice per year for 25 years, with payment of principal due 25 years from IPA date. RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate Settlement Transfer) for one (1)year following execution and delivery of the IPA. LOCATION MAP r y�UA4�HD k k 3645 Muddy Creek Road GPIN: 2422-01-4591 57.70+/- Acres Y Disclosure Statemen 11 9 --, i 4 Planning&Community Uevehpment The disclosures contained in this form are necessary to inform public officials who may vote on the apolication as 1G. whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the ON of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Michael and Tabi+Va Roman Does the applicant have a representative? ❑Yes X No yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes ErNO • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary; • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Alta& a list if necessary; '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectiv owns share.- possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of interests Act,VA.Code§2.2-310? "'Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 11 P a g e 110 DisdOsure Statement Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed develop contingent contingent on the subject public action?❑Yes No yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disuosurf 1, Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ,' Yes ❑ No If yes,identify the financial institutions providing the service. e 2. Does the appli nt have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes 1°�No if yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax retur provided in connection with the subject c' the application or any business operating or to be operated on the property? Yes ❑ No If yes,identify the firm and individual providing the service. L6 C 'I -11 M S 4. Does the applicant have services from an architect/landscape architect/land planner prove ed in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes Zo • If yes,identify the firm and individual providing the service. 5 I;there any other pending or proposed purchaser of the subject property?❑Yes �fN0 • If yes,identify the purchaser and purchaser's service proviaer_. Revised 11.09,2020 2 I Disclosure Statement XB C04 A-R Planning&Community Development 6. Does the applicant have a construction contrac or in connection with the subject of the application or any ousiness opera','" to be operated on the propertv? El Yes ;No • If yes,identify the company and individual providing the serwcv 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes D�NO • If yes,identify the firm and individual providing the service. S. Is the applicant receiving legal services in onnection with the subject of the application or any business operating or to be operated on the property?❑ Yes services N0 • If yes,identify the firm and individual providing the service. Applicant Sienatu.•^ I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand tha-, upon receipt of notification that the application has been scheduled for public hearing,1 am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. ---� I ax._-_ Applicant Signature I1A-Gh(if� -V'D I Qbi-ft R0Y1 ayl Print Name and Title 30 au Date Is the applicant also the owner of the subject property? r6s ❑ NO • If yes,you do not need to fill out the owner disclosure statement • • that pertains to the applications No dunces as of D°te sirature Print Name i Revised 11,09.2020 3 P a g e 44- �-.;wti.'�7 f 7 :7) i) 14 �J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing 1) the Acquisition of an Agricultural Land Preservation Easement from Venable Real Estate Limited Partnership (66.79+/- Acres), 2) the Issuance by the City of its Contract Obligations in the Maximum Principal Amount of $514,283, and 3) Transfer of Funds to Purchase U.S. Treasury STRIPS PUBLIC HEARING DATE: June 18, 2024 MEETING DATE: July 2, 2024 ■ Background: In May 1995, the Agricultural Lands Preservation Ordinance (the "Ordinance") was adopted by the City Council for the purpose of promoting and encouraging the preservation of farmland in the rural southern portion of the City. Under the Agricultural Reserve Program established by the Ordinance, the City purchases the development rights of eligible parcels of land, leaving the fee simple ownership of the land unchanged. These purchases are embodied by perpetual agricultural land preservation easements pursuant to which only agricultural uses, as defined in the Ordinance, are allowed on the land. The subject property has been appraised by an independent appraiser retained by the City. The appraiser has determined the fair market value of the property, based upon four (4) comparable sales. From the fair market value, the value of the development rights has been determined by subtracting $1,800 per acre, which has previously been established as the farm value (i.e. value of the land restricted to agricultural uses) for land throughout the southern rural area of the City. The resulting amount is the value of the development rights of the property. All offers by the City to purchase the development rights of property are expressly made contingent upon the absence of any title defects or other conditions which, in the opinion of the City Attorney, may adversely affect the City, s interests, and other standard contingencies. ■ Considerations: The subject property, which consists of two (2) parcels of land having approximately 66.79 acres outside of marshland and swampland, is owned by Venable Real Estate Limited Partnership. The two parcels are adjacent parcels located at 3141 Land of Promise Road (GPIN: 1480-72-4833) and in the 4700 Block of Blackwater Road (GPIN: 1480-71-4857) and are shown on the attached Location Map. Under current development regulations, there is a total development potential of ten (10) single-family dwelling building sites, of which zero (0) building sites are being reserved for future development. The proposed purchase price, as stated in the ordinance, is $514,283. This price is the equivalent of approximately $7,700 per acre. The terms of the proposed acquisition are that the City would pay only interest for a period of 25 years, with the principal amount being due and payable 25 years from the date of closing. The interest rate to be paid by the City will be the greater of 4.202% per annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS purchased by the City to fund its principal obligation under the Installment Purchase Agreement, not to exceed 6.202% without the further approval of the City Council. The City has matching funds available for a portion of this purchase through the Virginia Department of Agriculture and Consumer Services ("VDACS"), pursuant to an agreement between the City and VDACS, authorized by this Council on February 20, 2024 (RES-04253). The ordinance authorizes the transfer of the amount needed to purchase the U.S. Treasury STRIPS from the Agriculture Reserve Program Special Revenue Fund to the General Debt Fund. The proposed terms and conditions of the purchase of the development rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance. ■ Public Information: Notice of Public Hearing has been advertised by publication in a newspaper having general circulation in the City once per week for two successive weeks (June 2, 2024 and June 9, 2024). The Public Hearing will be held on June 18, 2024. Public notice will be provided via the normal City Council agenda process. ■ Alternatives: The City Council may decline to purchase the development rights to the property. ■ Recommendations: Adoption of the ordinance and acquisition of the development rights, assuming all contingencies are met. ■ Attachments: Ordinance Summary of Terms of Installment Purchase Agreement Location Map Disclosure Statement Form Recommended Action: Adoption Submitting Department/Agency: Agriculture Department ,�'2.4-� City Manager: 1 AN ORDINANCE AUTHORIZING 1) THE ACQUISITION 2 OF AN AGRICULTURAL LAND PRESERVATION 3 EASEMENT FROM VENABLE REAL ESTATE LIMITED 4 PARTNERSHIP (66.79+/- ACRES), 2) THE ISSUANCE 5 BY THE CITY OF ITS CONTRACT OBLIGATIONS IN 6 THE MAXIMUM PRINCIPAL AMOUNT OF$514,283, AND 7 3) TRANSFER OF FUNDS TO PURCHASE U.S. 8 TREASURY STRIPS 9 10 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 11 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 12 presented to the City Council a request for approval of an Installment Purchase Agreement 13 (the form and standard provisions of which have been previously approved by the City 14 Council, a summary of terms of which is hereto attached, and a copy of which is on file in 15 the City Attorney's Office) for the acquisition of the Development Rights (as defined in the 16 Installment Purchase Agreement) on certain property located in the City and more fully 17 described in Exhibit B of the Installment Purchase Agreement for a purchase price of 18 $514,283; and 19 20 WHEREAS, the aforesaid Development Rights shall be acquired through the 21 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 22 compliance with, the requirements of the Ordinance; and 23 24 WHEREAS, the City Council has reviewed the proposed terms and conditions of the 25 purchase as evidenced by the Installment Purchase Agreement. 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 30 1 . The City Council hereby determines and finds that the proposed terms and 31 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 32 Agreement, including the purchase price and manner of payment, are fair and reasonable 33 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 34 is hereby authorized to approve, upon or before the execution and delivery of the 35 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 36 balance of the purchase price set forth hereinabove as the greater of 4.202% per annum or 37 the per annum rate which is equal to the yield on United States Treasury STRIPS 38 purchased by the City to fund such unpaid principal balance; provided, however, that such 39 rate of interest shall not exceed 6.202% unless the approval of the City Council by 40 resolution duly adopted is first obtained. 41 42 2. The City Council hereby further determines that funding is available for the 43 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 44 the terms and conditions set forth therein. 45 3. The City Council hereby expressly approves the Installment Purchase 46 Agreement and, subject to the determination of the City Attorney that there are no defects 47 in title to the property or other restrictions or encumbrances thereon which may, in the 48 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 49 Manager or his designee to execute and deliver the Installment Purchase Agreement in 50 substantially the same form and substance as approved hereby with such minor 51 modifications, insertions, completions or omissions which do not materially alter the 52 purchase price or manner of payment, as the City Manager or his designee shall approve. 53 The City Council further directs the City Clerk to affix the seal of the City to, and attest 54 same on, the Installment Purchase Agreement. The City Council expressly authorizes the 55 incurrence of the indebtedness represented by the issuance and delivery of the Installment 56 Purchase Agreement. 57 58 4. The City Council hereby elects to issue the indebtedness under the Charter of 59 the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes the 60 indebtedness a contractual obligation bearing the full faith and credit of the City. 61 62 5. The City Council hereby authorizes the transfer of $156,872.80 from the 63 Agricultural Reserve Program Special Revenue Fund to the General Debt Fund, and the 64 City Manager is empowered to transfer sufficient additional funds or return funds not 65 required from the Agricultural Reserve Program Special Revenue Fund notwithstanding the 66 dollar limits provided by the Annual Appropriation Ordinance, to purchase the United States 67 Treasury STRIPS as described in the Installment Purchase Agreement. 68 69 Adoption requires an affirmative vote of a majority of all members of the City Council. 70 71 Adopted by the Council of the City of Virginia Beach, Virginia, on this day of 72 2024. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: 2,1���� Agriculture Department Budget and anagement ervices CERTIFIED AS TO VAILABILITY APPROVED AS TO LEGAL SUFFICIENCY: OF FU DS, l�rri/ Director of Finance City Attorney's Office CA16487 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d010\p050\00965501.doc R-1 June 4, 2024 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2023-170 SUMMARY OF TERMS SELLER: Venable Real Estate Limited Partnership PROPERTY: 3141 Land of Promise Road/GPIN: 1480-72-4833 4700 Block of Blackwater Road(no address assigned)/GPIN: 1480-71-4857 PURCHASE PRICE: $514,283 EASEMENT AREA: 66.79 acres,more or less DEVELOPMENT POTENTIAL: 10 single-family building sites (0 reserved by Seller for future development) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price,but not less than 4.202% (actual rate to be determined when STRIPS are purchased prior to execution of Installment Purchase Agreement("IPA")). Rate may not exceed 6.202%without approval of City Council. TERMS: Interest only, twice per year for 25 years,with payment of principal due 25 years from IPA date. RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred(except for Estate Settlement Transfer) for one(1)year following execution and delivery of the IPA. LOCATION MAP (66.79+/- Acres Total) F y LAN F 3141 Land of Promise Road GPIN:1480-72-4833 £ ,y a A O 4700 Block of Blackwater Road (no address assigned) f GPIN: 1480-71-4857 M P HUM ,44 P O X B- Virginia Beach APPLICANT'S NAME Veflme--' real DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) -- Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness - Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be Updated two (2)weeks prior to any Page 1 of 7 Planninq Commission and City Council meeting that pertains to the application(s). APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: REVISIONS SUBMITTED DATE: W, Virginia Beach Check here if the APPLICANT_IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. CC (A) List the Applicant's narne:___V�y_.a � If an LLC, list all member's names: V Z n,, If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes r and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 -Ty if p�erty_owner is different from Applicant. 1-1 Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:_v1-"'� � ___ � �_ C1� t L. If an LLC, list the member's names: Page 2 of 7 W_ Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 'X', B APPLICANT Virginia Beach YES FNOiSERVICE PROVIDER (use additional sheets if� needed) I Accounting and/or preparer of your tax return ® Architect/ Landscape Architect/ Land Planner ❑ ® Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed © purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors ® Engineers /Surveyors/Agents Financing (include current ❑ Q mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Real Estate Brokers / ® Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have Elan interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Virginia Beach CERTIFICATION: certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of an public body or committee in connection with this Application. AP CAN SIGNATURE PRINT NAME DATE Page 5 of 7 OWNER Virginia Beach FyES NO SERVICE PROVIDER (use additional sheets if needed) l F El ® Accounting and/or preparer of your tax return © Architect/ Landscape Architect / Land Planner ® Contract Purchaser (if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ � purchaser of the subject property (identify purchaser(s) and purchaser's service providers) ❑ © Construction Contractors ElF Engineers /Surveyors/Agents Financing (include current a mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) aLegal Services Real Estate Brokers / a Agents/Realtors for current and El anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ © an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two ,weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application."��ZZWK� 4'1'-j a PROPERT,r6vKEVs s GNATUR PRINT NAME DATE Page 7 of 7 �u,•�cy e �2 PUBLIC HEARING DECLARATION AND SALE OF EXCESS CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the disposition and sale of City-owned properties,at its formal session on Tuesday,June 18,2024,at 6:00 p.m.in the Council Chamber of the City Hall Building(Building#1)at the Virginia Beach Municipal Center, 2401 Courthouse Drive, Virginia Beach, Virginia. The purpose of this hearing will be to obtain public input to determine whether the properties located at 1452 Bartow Place(GPIN:2417- 15-1311), 1456 Bartow Place (GPIN: 2417-15-0311), and 207 Webster Place (GPIN: 2417-15- 2322) should be declared in "Excess of the City's needs"and be sold. If you are physically disabled or visually Impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at 385-4303;Hearing Impaired,call 1-800828-1120(Virginia Relay- Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Office of Real Estate,Building#23, 2473 N. Landing Road, at the Virginia Beach Municipal Center. The Real Estate Office telephone number is(757)385-4161. If you wish to make comments virtually during the public hearing, please follow the two-step process provided below: 1. Register with the City Clerk's Office by calling 757-385- 4303 prior to 5:00 p.m. on June 18,2024. 2. Download WebEx and view the meeting at: httos://vbgov'webex.com/we blin k/register/re60227d95d 25c53b65e5aeO2flc726af All interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT: 6/9/24 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance declaring the properties located at 1452 Bartow Place, 1456 Bartow Place, and 207 Webster Place to be in excess of the City's needs and authorizing the City Manager to sell the properties to adjoining property owners PUBLIC HEARING DATE: June 18, 2024 MEETING DATE: July 2, 2024 • Background: As part of the APZ-1 Use and Acquisition Plan adopted December 20, 2005, the City of Virginia Beach acquired 1452 Bartow Place (GPIN: 2417-15-1311) on January 28, 2010 for $195,000, 1456 Bartow Place (GPIN: 2417-15-0311) on November 14, 2008 for $210,000, and 207 Webster Place (GPIN: 2417-15-2322) on October 9, 2009 for $200,000 (collectively, the "Properties"). At the time of acquisition, the Properties were each improved with single-family residential dwellings that have been demolished. Jacqueline E. Godfrey owns and resides at 1457 Hiteshew Place. Ms. Godfrey proposes to purchase the adjacent (to the rear) City-owned parcels at 1452 and 1456 Bartow Place, containing a total of 20,735 sq. ft. for$20,735 ($1/sq. ft.). Eugene C. Hunt owns and resides at 1453 Hiteshew Place. Mr. Hunt proposes to purchase the adjacent City-owned parcel at 207 Webster Place containing 11,002 sq. ft. for$11,002 ($1/sq. ft.). The City will be responsible for resubdividing the Properties to incorporate them into the respective purchaser's lot and eliminate interior lot lines. ■ Considerations: The Properties will be sold with a deed restriction that prevents any new dwelling units from being constructed. The APZ-1 Disposition Committee reviewed the Properties and determined that they should be sold to the adjoining property owners. These sales would enhance the neighborhood and reduce density. Three dwelling units will be permanently removed. The adjacent owners' offer of $1/square foot is in conformance with previous sales of excess City property in the APZ-1 area that were not building sites. If the City retains the Properties, the City must pay to maintain the lot at an estimated annual cost of$1,890 ($630/lot). ■ Public Information: A public hearing as required by Section 15.2-1800 Code of Virginia will be held on June 18, 2024, and public notice of the hearing will be advertised in The Virginian-Pilot and provided via the normal City Council agenda process. • Alternatives: Deny the request or add conditions as desired by Council. ■ Recommendations: Approval. ■ Revenue restrictions: The City funded the acquisition of the Properties through a grant partnership with the Commonwealth of Virginia. The proceeds from the sale of the Properties in the amount of$31,737 will be received, and fifty percent (50%) of the amount wiil be deposited for appropriation in future Capital Improvement Program capital budgets in Capital Improvement Project 100282, Oceana & ITA Conformity & Acquisition II, and fifty percent (50%) will be deposited for future payment by the City Manager to refund the Commonwealth of Virginia's portion in accordance with the grant agreement. ■ Attachments: Ordinance, Exhibit A, Summary of Terms, Location Map and Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager: 1 AN ORDINANCE DECLARING THE 2 PROPERTIES LOCATED AT 1452 BARTOW 3 PLACE, 1456 BARTOW PLACE, AND 207 4 WEBSTER PLACE TO BE IN EXCESS OF 5 THE CITY'S NEEDS AND AUTHORIZING 6 THE CITY MANAGER TO SELL THE 7 PROPERTIES TO ADJOINING PROPERTY 8 OWNERS 9 10 WHEREAS, the City of Virginia Beach (the "City") is the owner of those 11 certain parcels of land located at 1452 Bartow Place (GPIN: 2417-15-1311), 1456 12 Bartow Place (GPIN: 2417-15-0311), and 207 Webster Place (GPIN: 2417-15-2322) 13 (collectively, the "Properties") more particularly described on Exhibit "A" attached 14 hereto and made a part hereof; _ 15 16 WHEREAS, the City acquired the Properties pursuant to the APZ-1 17 Acquisition Program on January 28, 2010 for $195,000, November 14, 2008 for 18 $210,000, and October 9, 2009 for$200,000, respectively; 19 20 WHEREAS, the City funded the acquisition of the Properties through a 21 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 22 contributing fifty percent (50%)of the funds; 23 24 WHEREAS, the Properties are in the midst of other residences and at the 25 time of acquisition were improved with single-family homes that have since been 26 demolished; 27 28 WHEREAS, adjoining property owners have requested to purchase the 29 Properties in order to utilize them in a manner compatible with the APZ-1 Ordinance; 30 31 WHEREAS, adjoining property owners, Jacqueline E. Godfrey and Eugene 32 C. Hunt, desire to purchase the Properties in accordance with the Summary of Terms 33 attached hereto as Exhibit "B" and made a part hereof; 34 35 WHEREAS, the APZ-1 Disposition Committee has recommended that City 36 Council declare the Properties to be in excess of the City's needs and sell the 37 Properties to the adjoining property owners; and 38 39 WHEREAS, the City Council is of the opinion that the Properties are in 40 excess of the needs of the City of Virginia Beach. 41 42 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 43 OF VIRGINIA BEACH, VIRGINIA: 44 45 That the Properties are hereby declared to be in excess of the needs of 46 the City of Virginia Beach and that the City Manager is hereby authorized to execute 47 any documents necessary to convey the Properties to the adjoining property owners in 48 accordance with the Summary of Terms attached hereto as Exhibit "B" and such other 49 terms, conditions or modifications as may be acceptable to the City Manager and in a 5 o form deemed satisfactory by the City Attorney. 51 52 Further, that revenue from the sale of the Properties in the amount of 53 $31,737 shall be received and fifty (50) percent of this amount shall be deposited for 54 appropriation in future Capital Improvement Program capital budgets in Capital 55 Improvement Project 100282 (formerly CIP 9-059 and 9-060), Oceana & ITA Conformity 56 & Acquisition II Project, and fifty (50) percent shall be deposited for future payment by 57 the City Manager to refund the Commonwealth's portion in accordance with the grant 58 agreement. 59 60 This Ordinance shall be effective from the date of its adoption. 61 62 Adopted by the Council of the City of Virginia Beach, Virginia, on the 63 day of , 2024. CA 16077 R-1 08/04/2023 \\vbgov.com\dfs l lapplications\citylaw\cycom32\wpdocs\dD11\p044\00905304.doc APPROVED AS TO CONTENT APPROVED AS TO CONTENT P�jblia Works ea Estate B dget & Mari6gement Services APPROVED AS TO LEGAL SUFFICIENCY City A orn�y's O 1 EXHIBIT "A" LEGAL DESCRIPTION 1452 & 1456 BARTOW PLACE (GPINS: 2417-15-1311 and 2417-15-0311) ALL THOSE certain lots, pieces or parcels of land, with the buildings and improvements thereon, situate in the City of Virginia Beach, Virginia, being known, numbered and designated as Lots Twenty-eight (28) and Twenty-nine (29)as shown on the plat entitled, "BARTOW HEIGHTS," which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 54, at page 45, to which reference is made for a more particular description. RESERVING UNTO THE CITY, all underlying fee in and to the streets, alleys, and other rights-of-way abutting said City Property, and all easements of any description and rights of ingress and egress benefiting the City and/or the public. IT BEING a portion of the same property conveyed to the City of Virginia Beach by deed from William A. Potter, Jr. and Richard A. Potter, dated January 21, 2010, and recorded in the aforesaid Clerk's Office as Instrument No. 20100128000089040. IT FURTHER BEING a portion of the same property conveyed to the City of Virginia Beach by deed from Douglas O. Gilbert, dated October 23, 2008 and recorded in the aforesaid Clerk's Office as Instrument No. 20081114001315010. 207 WEBSTER PLACE (GPIN: 2417-15-2322) ALL THAT certain lot, piece or parcel of land, with the buildings and improvement thereon, situate in the City of Virginia Beach, Virginia, being known, numbered and designated as Lot Twenty-seven (27) as shown on the plat entitled, "BARTOW HEIGHTS, SUBDIVISION OF PARCELS 41 & 42, PLAT OF OCEANA GARDENS, VIRGINIA BEACH, VIRGINIA," which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 54, at page 45, to which reference is made for a more particular description. RESERVING UNTO THE CITY all underlying fee in and to the streets, alleys, and other rights-of-way abutting said City Property, and all easements of any description and rights of ingress and egress benefiting the City and/or the public. IT BEING a portion of the same property conveyed to the City of Virginia Beach by deed from George R. Kusner, III and Sherry L. Kusner, husband and wife, dated September 29, 2009 as Instrument Number 20091009001189680. EXHIBIT "B" SUMMARY OF TERMS SELLER: City of Virginia Beach BUYER: Jacqueline E. Godfrey PROPERTIES: 1452 Bartow Place (GPIN: 2417-15-1311) and 1456 Bartow Place (GPIN: 2417-15-0311) consisting of a total of approximately 20,735 square feet (0.48 acres), more particularly described on Exhibit A SALE PRICE: $20,735.00 BUYER: Eugene C. Hunt PROPERTY: 207 Webster Place (GPIN: 2417-15-2322) consisting of approximately 11,002 square feet (0.25 acres), more particularly described on Exhibit A SALE PRICE: $11,002.00 CONDITIONS OF SALE: • Properties are purchased "As is, Where is," and will be conveyed by Special Warranty Deed. • Buyers have been advised of APZ-1 restrictions for use. • Buyers may use the Properties for accessory structures, or Buyers may otherwise utilize the Properties for construction in conjunction with their adjacent property upon resubdivision to remove interior lot lines; however, Buyers may not add any new dwelling units. • In the event of development or redevelopment by Buyers, Buyers will be required to address stormwater quantity and quality on site. • Seller shall resubdivide the Properties to vacate interior lot lines. • Seller will record deed restrictions permanently preventing new dwelling units prior to or simultaneous with conveyance. • Buyers shall adhere to all zoning ordinances and City Code requirements. • Buyers shall be responsible for their own closing costs, recording fees, and attorney's fees. • Closing shall occur on or before 60 days from the approval of the resubdivision plat, unless extended by the City Manager. • Approval of the sale shall be revoked if closing has not occurred on or before December 31, 2026, unless extended by the City Manager prior to such date. 1 M n s r 417 - ` r 4 z .. 10 HiTE'SHE VV PL < ! 4I Z „ UQ -4 ✓0 s � { ,r ca A `* „�, FARTOW PL S t t,Legend LOCATION MAP -� .. EXCESS CITY PROPERTY 0 city Property GPINs 2417-15-0311, 2417-14-1311, & 2417-15-2322 2417-15-0311 _� 1456 BARTOW PLACE, 1452 BARTOW PLACE, & 2417-14-1311 ' 207 WEBSTER PLACE 2417-15-2322 Feet 0 50 100 200 Propwod* np. flp. uppOK SerWat B111MY 125/2023 A 1Pf ECb1ARC HOMAGENDA MAPS 417-15A311 Aerie N V,SK'�iW W E S VIRGIN EACH BL CD �1 Q� wFQCKA 00 SITE PA HITESH1 Ww .L /--_ or o _> ! ( J I Z f2� — u Wi io BARTOWiPL -- OHIO'AVE -- Legend `� - ° —7 City Property - 2417-15-0311 LOCATION MAP 2417-14-1311 EXCESS CITY PROPERTY Q GPINs 2417-15-0311, 2417-14-1311, & 2417-15-2322 241�-15-2322 = ( 1456 BARTOW PLACE, 1452 BARTOW PLACE, & Note: This properties are located 207 WEBSTER PLACE in AICUZ Noise Zone 2751)b and Feet AICUZ Crash Zone APZ1 0 50 100 200 Prepared by P.W/Ena iEna Support Services Bureau 1/25/2023 XACADD1ProiecMARC Files\AGENDA MAPS12417-1&03i1 Disclosure Statement The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of Interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure y��— �' Applicant Name 'G4Aj � 6(Ir Does the appiiant have a represwtathre7 ❑Yes JIM No • If yes,list the name of the representative is the applicant a corporation,parteewdhip,firm,business trust or an unincorporated budnm?❑Yes IF No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list If necessary) • If yes,list the businesses that have a parent-subsidlaW or affiliated business entity'relationship with the applicant. (Attach a list if necessary) 1'Parent-subsidiary relationship'means'a relationship that exists when one corporation directly or in6rectly owns shares possessing more than So percent of the voting power of another corporation." See State and Local Government Conflict of interests Act,VA.Code§2.23101. 2'Affiliated business entity relationship'means'a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest In the other business entity,(11)a controlling owner in one entity is also a controlling owner In the other entity,or(ill)there Is shared management or control between the business entities. factors that should be considered in determining the adstenoe of an affiliated business erhtity relationship Include that the same person or substantially the same person own or manage the two entitles;there are common or commingled funds or assets;the business entities share the use ofthe some offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a dose working relationship between the entities.' See State and Local Government Conflict of Interests Act,Va. Code§223101. Revised ILO9.2020 11 P a g e Dbeloswe s#atemem Yin r If c4ftmility Known Interest by Public Official or Employee Does sn ofBclal or employee of dw Otyaf fthga Beach have an Interest In the subject land or"proposed development contingent an the subject public action?❑Yes It No • If yes,what is the name of the offidal or employee and what Is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any exbtting Ananft(mortgage,deeds of trust,ovs*- Materarkation,etc)or are*"conslderins any financing In connection with the subject of the application or any business operating or to be operated on the property? If Yes ❑ No • If yes,Identffy the financial institutions providing the service. 2. Does the applicant have a nmd estate broker/apntheattor for current and anticipated future sales of the subject property? ❑Yes 0 No • If yes,Iden"the company and individual providing the service. 3. Does the applicant have services for accounting and/or prepw atbn of tax returns provided In connection with the subject of the application or any business operating or to be operated on the property?❑Yes * No • If yes,identNy the firm and Individual providing the service. 4. Does the applicant have services from an a rchitect/landscape architect/land planner provided In connection with the subject of the application or any business operating or to be operated on the property?❑Yes ft No • If yes,Identify the firm and Individual providing the service. S. is there any other pendirw,or proposed purchaser of the subject property?❑Yes ■ No • If yes,identify the purchaser and purchaser's service providers. Revised IL09.2020 2 1 P a g e Droe Statement 1MO 10 �.- Mtt1uift Ek f'p[tt�xikS' 6. Does the appllcant have a construcOm contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 0 No If yes,Identify the company and Individual providing the service. 7. Does the applicant have an engineer/surveyor/agent In connection with the subject of the application or any business operating or to be operated on the property?❑Yes 0 No • if yes,Identify the firm and indhddual providing the service. 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑Yes M No If yes,Identify the firm and Individual providing the service. Applicant Signature I cer"that all of the information contained In this Disclosure Statement Form Is complete,true,and accurate. I understand that upon receipt of notificatlon that the application has been scheduled for public hearing,I am responsible for updating the hdorn at provided herein two wets prior to the nteetlrg of Planning Comrnladon,City Council,VBM CBPA,Wetlands Board or any public body or committee In connection with this application. Appikant Signature ?6Vz z Z 1 U.011_ ►tint Name and title ogee Is the appilcM also the owner of the subject property? I1 Yes ❑ No • tf yes,you do not need to fill out the owner disclosure statement. to theapplicatiow., Q Ito d•upr w of o+te solo- hret time Revised 12.09.2o2o 3 1 P a g e Disclosure Statements The dbdosures contained in this form are necessary to Inform pubflc of ickis,who may vote on the spoketbn as to whether they have a conflict of Interest under Virginia law. The completion and submission of this form Is required for all applications that pertain to City real estate matters or to the development and/or use of property In the City of Vb*b Beech requiring action by the City Council or a City bwrd,commission or other booty. &Aunt Diadomm AppikentNarne Does the applicant have a rep mom"--a ❑Yea X* • If Tess,list the name of the representative. b the applicant a corporation,partnership,JIM busines4 frost or an unincorporated bsstr►e",7 0 Yes �fWi • If m list the names of all officers,directors,members,trustees,,etc.below. (Attach a list if necessary) • If Tess,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list If necessary) "Parent-subsichary relationship'means'a relationship that when one corporation direcOf or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Loral Government Conflict of interests Act.VA Code 4 2.2-320L I'Af hated business entity relationship'means'a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a contmiling ownership Interest in the other business entity,111)a eontroliine owner in one entity is also a controlling owner in the other entity,or(111)there is shared management or control between the business entitles. Factors that should be considered in determining the existence of an afflllated business entity relationship Include that the same person or substantially the some person own or manage the two entities;there are common or commingled funds or 11 v P to the business entities share the use of the same offices or employees or otherwise shave activities,resources or personnel on a regular basis;or Uwe Is oUmwwlse a dose woridng relationship between the entities` See State and Local 6wernrnent Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2Q20 1 I P a g e Disclosure Statement 'y 1,L ii it,ti, ; �ConLnw Known Mbredit by PdW1c OBldd ar OrtaloAw Does an i ft l or employee of the CltydVb m ftach have an Interest in the subject land or any proposed dawlopnleet cwdnprrt on the subject public action?)KYes ❑ No a 9 T-111Is the name afthe official or employee and what Is the nahr ofthe briienniff 6- . iOak A, Awnt 5erAces ftdosare L Does the applicant have wq eAWng ikrarrdng(mortgage,deeds of trust,ao2seollAw H etc)or are that'wnskwrkg anyfnaxdng In connection with the subjed of the application or any business operating or to be operated on the property? 0 Yes re No • ffyestdfy the financial institutions providing the service. 2. Does the applicant have a real estate broleyagent/reah�or for current and anticipated future sales of the subject property? ❑Yes *No • 1 yes,Identify the company and individual providing the service. 3. Doe the applicant have services for accounting and/or preparation of tau retruns provided in connection with the subject of the application or any business operating or to be operated on the property?0 E IWNO • If yes,Identify the firm and Individual providing the service. 4. Does the applicant have services from an orddteet/landscape,arshftect/twid planner provided in connection wo the subject of the application or any business operating or to be operated on the property?0 Yea J(No • If yes,Identify the firm and Individual providing the service. 5. Is there any other pendbrg or proposed purchaser of the subject property?❑Yes : No • If yes,Identify the purchaser and purchaser's service providers. Revised 11.O9-MO 2 1 P a g e 6. Does the applicant have a construction contractor In connection with the subject of the application or any business operating or to be operated on the property?❑Ye5 ANo • If yas,identify the company and Individual providing the service. 7 Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property?❑Yes r"O • if yes,IdentHy the firm and Individual providing the service. 8. Is the applicant receiving legal services In connection with the subject of the application or arty business operating or to be operated on the property?❑ Yes XWO • If yes,identify the firm and Individual providing the service. Applicant Signature I certify that all of the Information contained In this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notificatlon that the application has been sdteduled for public hearing,I am respmWbie for updaft the Information provided herein two weeks prior to the meeting of Planning Commissbn,City Council,VBDA,CBPA,Wetlands board or any public body or committee In connectbn with this applirartlom t m hNrt Ns ssd 1Mb Daft Is the applicant also the owner of to subject property? Yes ❑No a If yezi you do not need to fN out the owner disclosure statement. R6r'_CITV U-SE ONLY/All disclo�ure-_.must be updated two(2)weel(s prior to any PlanningCon-inlission and 01V Coujicil nifseling that p(,rta;ns to the Q ! Ibr�apsnal applications Oar >t s rift Mm e Revised 11.09.2020 3 1 P a g e CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Vacancy Savings in the General Fund and to Authorize a Grant of $37,713 to First Lynnhaven Baptist Church for a Youth Enrichment Summer Camp MEETING DATE: June 18, 2024 ■ Background: First Lynnhaven Baptist Church was founded in 1871. It is hosting a Youth Enrichment Summer Camp from June through August. This Camp provides programming to include academics, job preparation, socialization, physical education and health issues, and citizenship and introduction to financial literacy. The state law restriction upon local governments providing grants to churches and sectarian societies was amended in 2022. The City Council is now permitted to provide a grant with local funds to churches "provided that all government funds received from the locality are used to provide community services for secular purposes without regard to the religious affiliation of the recipients of such services." (Va. Code § 15.2-953(A)). ■ Considerations: The attached ordinance provides a grant of $37,713 to First Lynnhaven Baptist Church for costs associated with the Youth Enrichment Summer Camp. The ordinance requires the funds be expended in accordance with the requirements and restrictions of Virginia Code § 15.2-953(A). ■ Public Information: Normal Council agenda process. ■ Attachments: Ordinance; Disclosure Form Requested by Mayor Dyer, Vice Mayor Wilson, and Councilmembers Berlucchi, Ross-Hammond, and Wooten REQUESTED BY MAYOR DYER, VICE MAYOR WILSON, AND COUNCILMEMBERS BERLUCCHI, ROSS-HAMMOND, AND WOOTEN 1 AN ORDINANCE TO TRANSFER VACANCY SAVINGS 2 IN THE GENERAL FUND AND TO AUTHORIZE A 3 GRANT OF $37,713 TO FIRST LYNNHAVEN BAPTIST 4 CHURCH FOR A YOUTH ENRICHMENT SUMMER 5 CAMP 6 7 WHEREAS, First Lynnhaven Baptist Church is hosting a Youth Enrichment 8 Summer Camp from June through August; and 9 10 WHEREAS, the Youth Enrichment Summer Camp provides programming to 11 include academics, job preparation, socialization, physical education and health issues, 12 and citizenship and introduction to financial literacy; 13 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA, THAT- 16 17 The City Council authorizes the transfer of vacancy savings within the General 18 Fund in an amount of $37,713 and hereby authorizes a grant of $37,713 to the First 19 Lynnhaven Baptist Church to offset a portion of the costs associated with the Youth 20 Enrichment Summer Camp. Such funds shall be expended in accordance with the 21 requirements and restrictions of Virginia Code § 15.2-953(A). Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2024. APPROVED AS TO LEGAL SUFFICIENCY- City rney's Office CA16541 R-1 June 7, 2024 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: First Lynnhaven Baptist Church SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) ❑ ® Accounting and/or preparer of N/A - Church; not your tax return required to file taxes Financial Services (include ® ❑ lending/banking institutions and TRUIST Bank is the Church's current mortgage holders as financial institution applicable) Glasser & Macon - Attorney ® ❑ Legal Services firm used occasionally by the Church Professional Heating ® ❑ Broker/Contractor/Engineer/Other & Cooling, Inc. Service Providers 3306 Arizona Avenue, Norfolk, VA 23513 CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. 00 Vk y APPLICANT'S SIGNATURE PRINT NAME , DATE J. FORMAL SESSION AGENDA 1. CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Ordinance to TRANSFER$37,713 from General Fund Vacancy Savings and AUTHORIZE a grant to the First Lynnhaven Baptist Church re offset a portion of the costs associated with the Youth Enrichment Summer Camp(Requested by Mayor Dyer,Vice Mayor Wilson and Council Members Berlucchi,Ross-Hammond and Wooten) 2. Ordinance to APPROPRIATE $224,520 from the Tourism Investment Program (TIP) Fund to the FY 2024-25 Economic Development Operating Budget re continue Freebee Services through October 31, 2024 (Requested by Mayor Dyer and Council Members Remick, Ross-Hammond, Rouse, Schulman,and Wooten) 3. Ordinance to APPROPRIATE$75,000 from the Tourism Investment Program(TIP)Fund to the FY 2023-24 Non-Departmental Operating Budget and AUTHORIZE a grant to the Virginia Beach Jaycees re enhancements to the East Coast Surfing Championship (ECSC) — Requested by Mayor Dyer, Vice Mayor Wilson, and Council Members Remick, Ross-Hammond, Rouse and Schulman 4. Resolution to ESTABLISH a Stormwater Management Implementation Advisory Group (Requested by Mayor Dyer and Council Member Schulman) 5. Ordinance to AUTHORIZE the acquisition in fee simple for the 171 Street Improvement Phase 1 Pacific Avenue to Cypress Avenue Project, CIP 100001 and the acquisition of temporary and permanent easements,either by agreement or condemnation re improved function and connectivity 6. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease for up to five (5) years for City-owned property with the Virginia Beach Maritime Museum, Inc. at 241h Street and Atlantic Avenue,together with the building re"Old Coast Guard Building" 7. Resolution to DIRECT the City Attorney to file a Petition for a Writ of Special Election re Office of Council Member,District 8 8. Ordinance to ADD City Code Section 33-113.3 re encroachments in Sandbridge Waterways 9. Ordinance to AMEND City Code Sections 37-71, 37-72 and 37-72.1 re backflow prevention devices 10. Ordinance to AMEND the Title of Article XII of Chapter 35 and Sections 35-252 and 18-104.1 and REPEAL City Code Sections 18-59 and 18-60 re taxes upon businesses that rent tangible personal property(Requested by Commissioner of Revenue) 11. Ordinance to AMEND the Title of Article V11 Chapter 35 and City Code Sections 35-158 and 35- 161 through 35-169 re Transient Occupancy Tax(Requested by Commissioner of Revenue) 12. Ordinance to ADOPT a revised Policy re remote participation by Council Members in Council Meetings 13. Resolution to RE-ADOPT Procedures re Selection, Evaluation and Award of Design-Build and Construct Management Contracts 14. Ordinance to AUTHORIZE temporary encroachments into a 5' City-owned drainage and utility easement at 2116 West Admiral Drive re construct and maintain a boat lift,vinyl bulkhead, and an existing wood bulkhead DISTRICT 8 15. Ordinance to AUTHORIZE the execution of a Cost Participation Agreement with TFJG Canopy, LLC and APPROPRIATE $1-Million from the Fund Balance of the General Fund to the FY 2024- 25 Planning Operating Budget to meet obligations re construction of intersection improvements at Laskin Road and Winwood Drive 16. Resolution to RENEW permits to ALLOW Emergency Medical Services agencies to operate in the City re American Medical Response Mid-Atlantic, Inc.; Children's Hospital of King's Daughters; Lifecare Medical Transports, Inc.; MB Solutions, LLC; Midwest Medical Transport; Nightingale Regional Air Ambulance; Reliance Medical Transport; Robbie's Ambulance Service, Inc.; Special Event Providers of Emergency Medical, Inc. and Tidewater Medical Transport,Inc. 17. Ordinance to APPOINT Dana R.Harmeyer to the position of Deputy City Attorney,effective July 11,2024 18. Ordinance to APPOINT Victoria R. Eisenberg to the position of Deputy City Attorney, effective July 11,2024 19. Ordinance re the Compensation of the City Manager effective July 1, 2024 (Requested by City Council) 20. Ordinance re the Compensation of the City Attorney effective July 1, 2024 (Requested by City Council) 21. Ordinance re the Compensation of the City Clerk effective July 1, 2024 (Requested by City Council) 22. Ordinance re the Compensation of the City Real Estate Assessor effective July 1,2024(Requested by City Council) 23. Ordinance re the Compensation of the City Auditor effective July 1, 2024 (Requested by City Council) 24. Ordinance to ACCEPT a donation of Radiation Detection Equipment from the Securing the Cities (STC)Program re replace Fire Department aging and outdated equipment 25. Ordinance to ACCEPT and APPROPRIATE $2,155,634 from the Virginia Office of Children's Services to the FY 2023-24 Human Services Operating Budget and AUTHORIZE a local match of $538,762 re Children's Services Act(CSA)Program 26. Ordinance to ACCEPT and APPROPRIATE$237,658 from the Virginia Department of Behavioral Health and Developmental Services to the FY 2023-24 Human Services Operating Budget re support the Permanent Supportive Housing Program 27. Ordinance to ACCEPT and APPROPRIATE $200,000 from the Virginia Department of Behavioral Health and Developmental Services to the FY 2023-24 Human Services Operating Budget re modernize the Electronic Healthcare Record System 28. Ordinance to ACCEPT and APPROPRIATE $99,452 and $56,830 from the Virginia Department of Behavioral Health and Developmental Services to the FY 2023-24 Human Services Operating Budget re expand Community Based Substance Use Services t� 'l iLS.�wJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $224,520 from the Fund Balance of the Tourism Investment Program (TIP) Fund to Continue Freebee Services MEETING DATE: June 18, 2024 ■ Background: The Resort Area Mobility Plan calls for enhanced shared mobility services at the Resort to improve circulation. On April 19, 2022, the City funded a one- year pilot program to provide on-demand micro-transit services in the Resort Area. This program was continued into Fiscal Year 2023-2024 and funded from the Parking Enterprise Fund. Ridership data shows Freebee activated all the neighborhoods surrounding the beach as well as businesses located west of Atlantic Avenue. ■ Considerations: At the request of the below sponsors, Freebee is to continue into Fiscal Year 2024-25 with a reduced scope and funding from the TIP Fund. Ten cars will continue until September 4. After September 4 and until October 31, there will be five cars. Unless the City Council takes further action, the service will conclude October 31. This service extension will cost $224,520. ■ Public Information: Normal City Council agenda process. ■ Attachments: Ordinance; Disclosure Form Requested by Mayor Dyer and Councilmembers Remick, Ross-Hammond, Rouse, Schulman, and Wooten REQUESTED BY MAYOR DYER AND COUNCILMEMBERS REMICK, ROSS- HAMMOND, ROUSE, SCHULMAN, AND WOOTEN 1 AN ORDINANCE TO APPROPRIATE $224,520 FROM 2 THE FUND BALANCE OF THE TOURISM INVESTMENT 3 PROGRAM (TIP) FUND TO CONTINUE FREEBEE 4 SERVICES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT- 8 9 1. $224,520 is hereby appropriated from the fund balance of the TIP Fund, with 10 revenue increased accordingly, to the FY 2024-25 Operating Budget of the 11 Department of Economic Development to continue micro-transit services in the 12 Resort Area using Freebee services. 13 14 2. The effective date of this ordinance is July 1 , 2024. Requires an affirmative vote by a majority of all of the members of the City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services orney's Office CA16544 R-1 June 12, 2024 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: Beefree LLC d/b/a Freebee SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: YES FIN 0 F SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of Eisner Amper your tax return Financial Services (include Lake Michigan Credit Union, ❑ ❑ lending/banking institutions and TD Bank current mortgage holders as applicable) Switkes and Zappala Esq Legal Services N/A ❑ Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. Jason Spiegel 112124 APPL CANT'S SIGNATURE PRINT NAME DATE i�J Z1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $75,000 from the Fund Balance of the Tourism Investment Program (TIP) Fund and to Authorize a Grant to the Virginia Beach Jaycees for Enhancements to the East Coast Surfing Championships MEETING DATE: June 18, 2024 ■ Background: The East Coast Surfing Championships ("ECSC") is celebrating its 62nd anniversary this year. The ECSC is the longest, continually running surfing championship in the world, and it will be held August 18-25, 2024. The ECSC is an event hosted by the Virginia Beach Jaycees ("VB Jaycees"). The VB Jaycees are a nonprofit organization providing opportunities for leaders within the City. The City has partnered with the VB Jaycees for enhancements to ECSC, including a substantial sponsorship of the 60t" anniversary ECSC. As an event that organically developed within the City, ECSC is an opportunity to showcase the City as a premier family and action sports location on the East Coast. ■ Considerations: The attached ordinance appropriates fund balance of the TIP Fund and authorizes a grant of $75,000 to the VB Jaycees. As represented by the VB Jaycees, the additional City support will allow additional programming at the 62nd ECSC. As provided in the attached Summary of Terms, the grant will require certain reporting of the impact of the City's participation to allow the City to determine return on investment. Additionally, the City will receive commitments from the VB Jaycees that the ECSC will not seek sponsorships from destination marketing organizations that directly compete with the City for tourism engagement. ■ Public Information: Normal Council Agenda process. ■ Attachments: Ordinance; Exhibit A (Summary of Terms); Disclosure Statement Requested by Mayor Dyer, Vice Mayor Wilson, and Councilmembers Remick, Ross- Hammond, Rouse, and Schulman REQUESTED BY MAYOR DYER, VICE MAYOR WILSON, AND COUNCILMEMBERS REMICK, ROSS-HAMMOND, ROUSE, AND SCHULMAN 1 AN ORDINANCE TO APPROPRIATE $75,000 2 FROM THE FUND BALANCE OF THE TOURISM 3 INVESTMENT PROGRAM (TIP) FUND AND TO 4 AUTHORIZE A GRANT TO THE VIRGINIA BEACH 5 JAYCEES FOR ENHANCEMENTS TO THE EAST 6 COAST SURFING CHAMPIONSHIPS 7 8 WHEREAS, the East Coast Surfing Championships ("ECSC") is celebrating its 9 62t" anniversary this year; 10 11 WHEREAS, ECSC is the longest, continually running surfing championship in the 12 world; 13 14 WHEREAS, ECSC will be held August 18-25, 2024; 15 16 WHEREAS, the ECSC is an event hosted by the Virginia Beach Jaycees, which 17 is a nonprofit organization providing opportunities for leaders within the City; 18 19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, THAT: 21 22 1. $75,000 is hereby appropriated from the fund balance of the TIP Fund to 23 the FY 2023-24 Non-Departmental Section of the Operating Budget for a grant to the 24 Virginia Beach Jaycees. Such grant is to be consistent with the attached Exhibit A, 25 Summary of Terms. 26 27 2. In the event that the grant agreement and disbursement of grant funds is 28 not completed prior to June 30, 2024, the funds appropriated in paragraph 1, supra, 29 shall be re-appropriated in the same manner as provided for capital projects in Section 30 9 of the FY 2024-25 Capital Improvement Program Appropriation Ordinance to allow the 31 City to execute the grant agreement and disburse the grant funds. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2024. Requires an affirmative vote by a majority of all of the members of the City Council. APPROVED AS TO LEGAL SUFFICIENCY: of the City Attorney CA16545 R-3 June 12, 2024 EXHIBIT A SUMMARY OF TERMS TYPE OF AGREEMENT: Grant Agreement EVENT: East Coast Surfing Championships ("ECSC") PARTIES: Virginia Beach Jaycees, a nonprofit corporation (VB Jaycees) (the "Grantee") and the City of Virginia Beach ("City") GRANT AMOUNT: $75,000 GRANT TERMS: Grantee to provide the same reporting as required by recipients of Community Opportunity Grant (COG). Grantee to use grant funds to support enhancements to the 62nd ECSC. Grantee to provide certain reporting of the impact of the City's participation to allow the City to determine return on investment. City to receive commitments from Grantee that the ECSC will not seek sponsorships from destination marketing organizations that directly compete with the City for tourism engagement. DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 /APPLICANT DISCLOSURE Organization name: V3 L S C' SECTION 2/ SERVICE DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing service: YES NO SERVICE PROVIDER fuse additional sheets if needed) ® Accounting and/or preparer of your tax return S4uw �Ka mgt ✓Sr s��LAt�r Financial Services(include lending/banking R rnstnwnsut and current mortgage holden pW as arcable) -Taw^i `+M►k M It L ® LL Legal Services �i uClr. jtWtAt ® Broker/Contractor/Engineer/Other VPwRlI) S?'ram) L.I. At , Service Providers i ptiA'A CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true,and accurate. I understand that I'm responsible for updating the information provided herein if it changes I prior to the Council action upon this Application. IAPPU l�1� ?Ck t;A/o _T'S SIGNATURE PRINT NAME DATE CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Establishing a Stormwater Management Implementation Advisory Group MEETING DATE: June 18, 2024 ■ Background: The City Council created the Process Improvement Steering Committee ("PISC") to provide recommendations to improve various aspects of the City's government. The Council referred the "Resolution to Adopt and Amend the Virginia Beach Comprehensive Plan 2016 regarding the Stormwater Impacts for Discretionary Land Use Applications" to the PISC, and the PISC recommended the establishment of a "work group to provide recommendations regarding how best to balance the need for stormwater management and flooding protection with development and redevelopment opportunities." This resolution establishes the recommended work group. ■ Considerations: The Stormwater Management Implementation Advisory Group ("Advisory Group") will serve in an advisory capacity to the City Council and consist of no more than 13 voting members, including residents, environmental/resiliency professionals, and industry stakeholders. In addition to the voting members, the Advisory Group will include a Planning Commission liaison and two high school students as nonvoting members. The duties of the Advisory Group will be to: further review the topic of stormwater management and its impact and consequences on land use and redevelopment issues; identify whether there are any opportunities, advantages, or disadvantages to strengthening regulation alignment and specificity based on the City's varied drainage basins, and a property's land use and zoning characteristics; formalize a cost-sharing program relative to stormwater infrastructure and policy to include developing criteria for cost-sharing eligibility; and determine whether there are any opportunities to advance/incentivize Council-adopted policy and/or planning objectives, such as affordable housing, the preservation and enhancement of our City's tree canopy and open spaces, enhanced water quality, more sidewalks and paved paths, utilization of nature- based stormwater management practices in addition to grey infrastructure solutions, implementation of regional stormwater solutions, strategic and resilient approaches to redevelopment in our City's Strategic Growth Areas and in areas of our City that are less at-risk of flooding and that do not abut neighborhoods or environmentally sensitive areas, and other preferred land use approaches, through stormwater management. ■ Public Information: This item will be advertised in the same manner as other agenda items. A version of this item was included in the March 5 and March 19 agendas. The City Council indefinitely deferred the item on March 19, 2024. ■ Attachment: Resolution Requested by Mayor Dyer and Councilmember Schulman REQUESTED BY MAYOR DYER AND COUNCILMEMBER SCHULMAN 1 A RESOLUTION ESTABLISHING A STORMWATER 2 MANAGEMENT IMPLEMENTATION ADVISORY 3 GROUP 4 5 WHEREAS, the City Council created the Process Improvement Steering 6 Committee ("PISC") to provide recommendations to improve various aspects of the City's 7 government; 8 9 WHEREAS, the City Council referred the "Resolution to Adopt and Amend the 10 Virginia Beach Comprehensive Plan 2016 regarding the Stormwater Impacts for 11 Discretionary Land Use Applications" to the PISC, and the PISC has recommended the 12 establishment of a "work group to provide recommendations regarding how best to 13 balance the need for stormwater management and flooding protection with development 14 and redevelopment opportunities;" 15 16 WHEREAS, the City Council agrees that such a work group would be beneficial; 17 18 WHEREAS, Initiative 2 of the City's FY24-25 Focused Action Plan ("Focused 19 Action Plan") establishes as a priority the development of a plan "for a responsibly built 20 environment that preserves and protects the community's natural resources ... allows for 21 sustainable growth [and s]upports the creation and maintenance of affordable housing 22 and a strong economy;" 23 24 WHEREAS, Initiative 2.2 of the Focused Action Plan contemplates a desire to 25 reaffirm the City's Strategic Growth Areas Plan "to ensure appropriate economic growth 26 opportunities while preserving rural and suburban areas" and to "focus development and 27 redevelopment along major transportation [and infrastructure] corridors;" and 28 29 WHEREAS, finding ways to encourage development and redevelopment in the 30 City's Strategic Growth Areas and in other locations in the City that are less at-risk of 31 flooding and that do not abut neighborhoods or environmentally sensitive areas would be 32 in the best interest of the community and would be a critical aspect of the work to be 33 performed by the aforementioned work group; 34 35 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 36 VIRGINIA BEACH, VIRGINIA: 37 38 1 . That the City Council hereby establishes the Stormwater Management 39 Implementation Advisory Group ("Advisory Group"). 40 41 2. That the Advisory Group shall serve in an advisory capacity to the City Council, 42 and the City Council shall appoint its members. 43 44 3. That the Advisory Group shall consist of a total of no more than thirteen (13) 45 voting members, as follows: 46 47 a. Eleven (11) subject matter experts and industry representatives, 48 comprised as follows: 49 i. Three (3) environmental/resiliency professionals; 50 ii. Two (2) engineering consultants; 51 iii. Two (2) attorneys with environmental and land use expertise; 52 iv. Two (2) members of the real estate development community; and 53 v. Two (2) representatives from environmental protection and/or 54 conservation organizations. 55 b. Two (2) resident representatives who may, but need not, have relevant 56 subject matter experience. 57 58 4. That, in addition to the above-described voting members, the Advisory Group 59 shall include a nonvoting Planning Commission liaison and two high school students as 60 nonvoting members. A quorum of the membership shall be defined as a majority of the 61 then-appointed voting members, but no less than six. 62 63 5. All members of the Advisory Group shall be residents of the City of Virginia 64 Beach, except that the voting members described in Section 3(a)(i) and 3(a)(v) may 65 include (collectively) no more than two (2) non-residents who, by virtue of their unique 66 qualifications and experience, would add invaluable contributions to the Advisory Group, 67 as determined by the City Council. 68 69 6. That the duties of the Advisory Group shall be to: 70 71 • Further review the topic of stormwater management and its impact and 72 consequences on land use and redevelopment issues; 73 • Identify whether there are any opportunities, advantages, or disadvantages 74 to strengthening regulation alignment and specificity based on the City's 75 varied drainage basins, and a property's land use and zoning 76 characteristics; 77 . Formalize a cost-sharing program relative to stormwater infrastructure and 78 policy to include developing criteria for cost-sharing eligibility; and 79 • Determine whether there are any opportunities to advance/incentivize 80 Council-adopted policy and/or planning objectives, such as affordable 81 housing, the preservation and enhancement of our City's tree canopy and 82 open spaces, enhanced water quality, more sidewalks and paved paths, 83 utilization of nature-based stormwater management practices in addition to 84 grey infrastructure solutions, implementation of regional stormwater 85 solutions, strategic and resilient approaches to redevelopment in our City's 86 Strategic Growth Areas and in areas of our City that are less at-risk of 87 flooding and that do not abut neighborhoods or environmentally sensitive 88 areas, and other preferred land use approaches, through stormwater 89 management. 90 91 7. That the City Manager shall provide staff support on an as-needed basis (from 92 the Economic Development Department, Planning Department, the Department of Public 93 Works, the Office of Performance and Accountability, and any other relevant department) 94 and other support to the Advisory Group, including a professional facilitator to guide group 95 meetings, and the City Attorney shall also provide staff support. 96 97 8. That the Advisory Group may begin to meet upon the appointment of its 11t" 98 voting member. The Advisory Group shall provide its recommendations to the City 99 Council within six months of the appointment of its 11t" voting member. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2024. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA16215 R-7 June 12, 2024 'ram. 4,7 z CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize the acquisition in fee simple for the 17th Street Improvements Phase I Pacific Avenue to Cypress Avenue Project, CIP 100001, and the acquisition of temporary and permanent easements, either by agreement or condemnation PUBLIC HEARING DATE: June 4, 2024 MEETING DATE: June 18, 2024 ■ Background: The 17th Street Improvements, Phase I Pacific Avenue to Cypress Avenue Project, CIP 100001 (the "Project"), is a roadway improvements project, along 17th Street (Virginia Beach Boulevard) from Cypress Avenue to Pacific Avenue. The Project provides improved function and connectivity for the 17th Street Corridor through the implementation of an 80-foot typical section consisting of wider sidewalks, bicycle lanes, traffic signals, curb and gutter, and accessibility upgrades including improved crosswalks and curb ramps along four lanes of traffic. The Project will also provide associated utility improvements, including undergrounding of overhead utilities, new stormwater, sanitary sewer and water infrastructure. This Project first appeared in the FY 2019-20 CIP. A portion of the design for the Project (30%) is funded by CIP 100459 (formerly CIP 9-020), ViBe District Street Infrastructure Improvements. Full design will be completed in FY 2022-23 with construction beginning as early as October 2024. Two and a half years of construction are anticipated with public approval of summertime construction moratorium exemption. The Project funding uses associated debt service, which is anticipated to be paid out of the Tourism Investment Program Fund. Rehabilitation of the 17th Street Corridor is a critical component in the success of the Central Beach Entertainment District development and has been identified as a need in the Resort Area Strategic Action Plan. 17th Street serves as one of several vehicular priority streets providing a direct connection and gateway to the Oceanfront from all points west to local businesses, and this Project will make the corridor more accessible and functional. ■ Considerations: The Project will require property and easements from 48 privately owned parcels. No residences or businesses are anticipated to be displaced by the Project. ■ Public Information: The last Citizen's Information Meeting (CIM) was held on November 18, 2020. An advertised public hearing will be held on June 4, 2024, and public notice will be provided via the normal City Council agenda process. ■ Alternatives: Deny the Ordinance, which could delay the Project. ■ Recommendations: Approval. ■ Attachments: Ordinance and Location Map Recommended Action: Approval -� Submitting Department/Agency: Public Works/Real Estate ^t City Manager: 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION IN FEE SIMPLE FOR THE 17th 3 STREET IMPROVEMENTS PHASE I PACIFIC 4 AVENUE TO CYPRESS AVENUE PROJECT, 5 CIP 100001, AND THE ACQUISITION OF 6 TEMPORARY AND PERMANENT EASEMENTS 7 EITHER BY AGREEMENT OR a CONDEMNATION 9 10 WHEREAS, the 171h Street Improvements Phase I Pacific Avenue to Cypress 11 Avenue Project, CIP 100001 (the"Project"), is a roadway improvements project to improve 12 transportation, stormwater, public utilities and safety within the City and for other related 13 public purposes for the preservation of the safety, health, peace, good order, comfort, 14 convenience, and for the welfare of the people in the City of Virginia Beach; 15 16 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 17 public necessity exists for the construction of this important roadway project to provide 18 improved functioning and connectivity, including wider sidewalks, bicycle lanes, traffic 19 signals, curb and gutter, and accessibility upgrades including improved crosswalks and ao curb ramps along four lanes of traffic. The Project will also provide associated utility 21 improvements, including undergrounding of overhead utilities, new stormwater, sanitary as sewer, and water infrastructure. 17th Street, which is the eastern end of Virginia Beach 23 Boulevard, serves as one of several vehicular priority streets providing a direct connection 24 and gateway to the Oceanfront from all points west to local businesses, and this Project will 25 make the corridor more accessible and functional for the preservation of the safety, health, 26 peace, good order, comfort and convenience and for the welfare of the people in the City of 27 Virginia Beach. as 29 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 30 VIRGINIA BEACH, VIRGINIA: 31 32 Section 1. That the City Council authorizes the acquisition by purchase or 33 condemnation pursuant to Sections 15.2-1901, et seq., Sections 33.2-1007, et seq., and 34 Title 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in fee 35 simple, including temporary and permanent easements (the "Property"), as shown on the 36 Project plans entitled 17T" STREET IMPROVEMENTS PHASE I PACIFIC AVENUE TO 37 CYPRESS AVENUE CIP NO. 100001,"and more particularly described on the acquisition 38 plats for the Project (plats and plans collectively referred to as the"Plans"), the Plans being 39 on file in the Engineering Division, Department of Public Works, City of Virginia Beach, 40 Virginia. 41 42 Section 2. That the City Manager is hereby authorized to make or cause to be made 43 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 44 offer to the owners or persons having an interest in said Property. If refused, if the property 45 owners are unable to convey clear title, or if the owners cannot be identified or located, the 46 City Attorney is hereby authorized to initiate, prosecute, and settle or resolve proceedings 47 to condemn to acquire title to the Property. 48 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 50 , 2024. CA16281 R-1 5/6/2024 \\vbgov.com\dfs1\applications\citylaw\cycom32\wpdocs\d005\p048\00943282.doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM a P Bl-ft WORK /R AL ESTATE CITY ATTORNEY O�N�HR c ztAR 1 2 + , , •-� - A !ipR ��• �, 'A4.� .Ste,, _' 4 • 18� _ � r A - G s _ , • *A k A};NP ` � A= �..✓ �,, .. � 1-r;( ��_ 1'i � i , '{� i T f �,� sue` A. ,. �.,> � a .1 "' ". 'ice`. ✓ ,rOle AW 4 w r rol �: �� , , , \ �'t� . .� � ,.,N►, � ,�?. M: , - LOCATION MAP ',�,►a � ': " ,a 17th STREET IMPROVEMENTS PH 1 t,A PACIFIC AVENUE TO CYPRESS AVENUE Legend CIP #100001 Project Area 15TN ► , '� - S�`-� Feet City Property t a ,i "'R �,• ,; �,! %14�� 0 150 300 600 Prepared by P.W./Enq./Enq. Support Services Bureau 01/29/2024 X:\CADD\ProiectS\ARC Files\AGENDA MAPS\17th St\CIP#100001\CIP#100001 Aerial.mxd Nu CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for up to 5 Years with Virginia Beach Maritime Museum, Inc., for City-Owned Property Located at 24th Street and Atlantic Avenue, Together with the Building Commonly Known as the "Old Coast Guard Building" PUBLIC HEARING DATE: June 4, 2024 MEETING DATE: June 18, 2024 ■ Background: The Virginia Beach Maritime Museum, Inc. ("VBMM"), a non-stock Virginia corporation, currently operates the Virginia Beach Maritime Museum (the "Museum") in the Old Coast Guard Building located at 24th Street and Atlantic Avenue (the "Property"). The City of Virginia Beach (the "City") and VBMM entered into previous lease agreements for the Property to operate the Museum, a gift shop and office space. VBMM wishes to enter into a new lease agreement with the City. In February 2014, City Council adopted an Ordinance authorizing the City Manager to enter into 40-year lease for a small strip of land located on the southernmost portion of the Property, which allowed the adjacent property owner (23 Atlantic, LLC) to maintain pile caps to support its building. That agreement with 23 Atlantic, LLC modified the southernmost lease line of the Property but did not affect the Museum or this lease renewal. ■ Considerations: This Lease would be for a term of up to five (5) years. The Museum is important to the City's museum program and to the preservation of the City's maritime history. Moreover, proceeds from sales in the Museum gift shop are reinvested by VBMM for upkeep of existing exhibits and for purchase or creation of new exhibits. There are no plans in the foreseeable future to utilize this parcel of property for any usage other than the present use. ■ Public Information: A public hearing will be held on June 4, 2024, and public notice will be provided via the normal City Council agenda process. ■ Alternatives: Change conditions of the Lease or deny leasing of the space. ■ Recommendations: Approval ■ Attachments: Ordinance, Summary of Terms, Location Map, and Disclosure Statement Recommended Action: Approval of the Ordinance Submitting Department/Agency: Public Works/Real Estate r City Manager: ;1`1W, 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR UP TO 5 3 YEARS WITH VIRGINIA BEACH MARITIME 4 MUSEUM, INC., FOR CITY-OWNED PROPERTY 5 LOCATED AT 24t" STREET AND ATLANTIC 6 AVENUE, TOGETHER WITH THE BUILDING 7 COMMONLY KNOWN AS THE "OLD COAST GUARD 8 BUILDING" 9 10 WHEREAS, the City of Virginia Beach (the "City") owns property located at 24tn 11 Street and Atlantic Avenue (GPIN: 2427-19-4622), together with the Old Coast Guard 12 Building (the "Property"), which currently houses the Virginia Beach Maritime Museum 13 (the "Museum"); 14 15 WHEREAS, by authority of ORD-3333F, the City Manager entered into a lease 16 with the adjacent property owner, 23 Atlantic, LLC, for a small strip of land along the 17 southern boundary of the Property to enable the adjacent property owner to maintain 18 pile caps to physically support the adjacent building (the "23 Atlantic Lease"); 19 20 WHEREAS, the 23 Atlantic Lease is specifically excepted from the renewal of the 21 lease with Virginia Beach Maritime Museum, Inc., a non-stock Virginia corporation 22 ("VBMM"); 23 24 WHEREAS, VBMM has previously leased the Property and operated the 25 Museum, and would like to enter into a new lease with the City for the Property; 26 27 WHEREAS, VBMM has been paying the City one dollar ($1.00) per year in rent 28 and the City has provided the Museum with utilities, housekeeping and maintenance; 29 30 WHEREAS, the Museum is important to the City's museum program and to the 31 preservation of the City's maritime history; 32 33 WHEREAS, profits from sales from the gift shop are utilized for the upkeep of the 34 existing maritime exhibits and for purchase or creation of new exhibits; and 35 36 WHEREAS, the Property will continue to be used for operation of the Museum, a 37 gift shop and office space. 38 39 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 40 VIRGINIA BEACH, VIRGINIA: 41 42 That the City Manager is hereby authorized to execute a lease for up to 5 years 43 between VBMM and the City for the Property, in accordance with the Summary of 44 Terms attached hereto as Exhibit A, and such other terms, conditions or modifications 45 as may be acceptable to the City Manager and in a form deemed satisfactory by the 46 City Attorney. 47 48 Adopted by the Council of the City of Virginia Beach, Virginia on the 49 day of , 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: '�Ve%e cl'v� (,.,. � Z� /'-�l— afl",' P blic orks/Re I Estate i y AtOrney 7' APPROVED AS TO CONTENT: Planning CA16427 \\Vbgov.com\dfs1\Applications\CityLaw\Cycom32\WPDOCS\D018\P047\00953074.DOC R-1 March 18, 2024 EXHIBIT A SUMMARY OF TERMS LEASE OF CITY-OWNED PROPERTY TO VIRGINIA BEACH MARITIME MUSEUM, INC. LESSOR: City of Virginia Beach LESSEE: Virginia Beach Maritime Museum, Inc. PROPERTY: Approximately 12,000 square feet of City property located on Atlantic Avenue at 24t" Street and known as the Old Coast Guard Building, less and except that area leased by 23 Atlantic, LLC pursuant to ORD-3333F adopted on February 25, 2014 TERM: July 1, 2024 — June 30, 2029 RENT: Rent shall be one dollar ($1 .00) per year RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use the Property for a maritime museum with a gift shop and offices and no other purpose. • Remain open to the general public for at least 120 days and a total of at least 1 ,000 hours per year. • Maintain signage which shall give recognition to the Lessor as a principal in the ownership and establishment of the Leased Property. • Purchase and maintain commercial general liability insurance. • Comply with all requirements for maintaining the building's status as a National Historic Site. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain Property in good condition and repair and provide minimal housekeeping services. • Pay for all utilities (except telecommunications fees), fuel, and solid waste collection. • Inspect the Property for compliance with the terms of the lease and all state, local and federal laws, statutes, ordinances and regulations. TERMINATION: • Either party may terminate the lease upon thirty (30) days' advance written notice to the other party. S ,p r 4 XW � r.- v „> x r� tot l'A* ..�t► � //�/�z err ' � �', �{{ �� y�{�yi s I'. LOCATION MAP ' n ' r PROPERTY TO BE LEASED VIRGINIA BEACH .. , x MARITIME MUSEUM - SURF & RESCUE Legend , �,M. :. �' 2401 ATLANTIC AVENUE GPIN 2427-19-4622 City Property , a Feet 2427-19-4622 ' ' Prepared by P.W./Eng./Eng.Support Services Bureau 04/04/2024 X:\CADD\Projects\ARC Files\AGENDA MAPS\2427-19-4622 Aerial.mxd Disclosure Statement N4, Planning&Cnmmunky Elm'elftpwnt } The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name (� Uqz> Does the applicant have a representative? ❑Yes Q'No • If yes,list the name of the representative. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?❑ Yes 03 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a Ilst if necessary) 1 J • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) I '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. I� 1"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one I business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities Factors that should be considered in determining the existence of an affiliated business entity relationship Include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised J1,09.1010 Disclosure Statement >�y�Etn Planning&Community = ram# ry. Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beak have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes U7 No If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing i connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes No If yes,identify the financial institutions providing the service. 2. Does the appplicc t have a real estate broke r/agent/rea Itor for current and anticipated future sales of the subject property? ❑ U Yes No If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?11 Yes TrNo If yes,Identify the firm and individual providing the service 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes Z'No If yes,identify the firm and individual providing the service. S. Is there any other pending or proposed purchaser of the subject property?❑ Yes 53 No if yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 Disclosure Statement * (yes the Ainre t. inc(MMlgttion wah**PAW of the#pphtvthvn of any busriresa 4wf at#it/of �bt an the pra�Nr f 0 NQ • MK k*K*the[tom WA b Mvi4W P vN Wh the sego ct - tlrats tf+e brat an ae aeet/ettnre tint Mt tuarittetriatt wM►the c+f the application or my business or to be opentited an We prapar,"? Vim CAO • tf M tAe ttimsr aed k'wM ridsad groat the w ice. S Its the s+nt mvar"hol mvbm in wlih the wbject of the application or any business operating or to be prat+ I-.,ry prqwtv?0 v" • tf yas, c3er y the Mtn a+Atl havtt�twl ptaAft the as tce. Apy4cant Sig-nature a#of the infom motion contsiried In ft Disclosure Statement Form is complete,true and accurate. I understand that n receipt of notlilkabon that the appkration has been scheduled for pubitc hearing,I am responsible for updating the d 1vmration pra'A heron two weeks prior to the frseding of Planning Commission,City Council,VBDA,CBPA,Wetlands Board c-any puWAc bodyor comm-ittee in connection with this application 1 prift Ma ;nd Date Is the applicant also the owner of the subject property? ❑Yes ❑ No • If yes,you do not need to fill out the owner disclosure statement. FOR CITY USE ONLY/ that i pertains ho Chant"as of applications Date Stgnaturc i r PrHtt N►ms Re, rf 1109 2020 3 1 V o , Disclosure Statement W M,�N4"h t-d Planning&Community Development , Continue to Next Page for Owner Disclosure Reused 1109 2: 4 � Disclosure Statement W C"V> ,AMA Planning&Commilink Development Owner Disclosure cC ,/ pp Owner Name �f!Orytst,ili S, �(( e_J�qkii_ V"o-A V lfctA no d Mey%Ttiw tA— Applicant Name L Is the Owner a corporation,partnership,firm,business,trust or an unincorporated business? ❑YeS [2 N0 • if yes list the names of all officers,directors,members,trustees,etc below (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary3 or affiliated business entity'relationship with the Owner. (Attach a list if necessary) Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes 5A0 • If yes,what is the name of the official or employee and what is the nature of the interest? "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation" See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. "'Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(I)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entitles;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there Is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 1109 202C 5 1 P r Disclosure Statement 13 (00 4 P Finning&Cmnwdy Devm Owner Services Disclosure 1. Does the Owner have any existing financing(mortgage,deeds of trust,cross-co[late ralizatlon,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes Cfl No • If yes,identify the financial institutions providing the service 2. Does the Owner have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑ Yes C�No • if yes,identify the company and individual providing the service. 3. Does the Owner have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes l if No • If yes,identify the firm and individual providing the service f 0 4. Does the Owner have services from an architect/landscape architect/land planner provided!}'n connection with the subject of the application or any business operating or to be operated on the property?❑ Yes W No • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property?❑ Yes t37 No • if yes,identify the purchaser and purchaser's service provider. 5. Does the Owner have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?❑Yes IQ NO • If yes,identify the company and individual providing the service. 3 7. Does the Owner have an engineer/surveyor/age�n(yin connection with the subject of the application or any business operating or to be operated on the property?❑ Yes LJJ NO • If yes,identify the firm and individual providing the service. I Revised 11.09.2020 6 l I Disclosure Statement 110 �qV . - 111alining&Community e. D)eMopment 8. Is the Owner receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?❑ Yes G N0 • If yes,identify the firm and individual providing legal the service. i Owner Signature i certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Owner Signature Print Name d Tit Data a I i I Revised 1109,2020 7) P a g e �yw VIRGINIA BEACH ,z SURF& RESCUE MUSEUM Board — Updated May 10, 2024 Ed Hopper President Dave Uhrin VP Bretta Lewis Secretary Geoff Cole Treasurer Russell Lyons Ex Officio Benjamin Clarke Bill Gambrel Brady McNaughton Clay Camp Frank Malbon Jake Denton Justin Acosta Kate Easton Kevin Martingayle LG Shaw Paula Sherwood Ramsey, Julie Tim Pope William Kitchin IAQV �kBecome A Member — Make A Donation — Make A Difference — vbsurfrescuemuseum.org Virginia Beach Maritime Museum, Inc. t/a The Virginia Beach Surf& Rescue Museum is a recognized 501 (c)(3) charitable organization, EIN 54-1113384 2401 Atlantic Ave & Boardwalk Virginia Beach, VA 23451 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Direct the City Attorney to File a Petition for a Writ of Special Election for the Office of Councilmember, District 8 MEETING DATE: June 18, 2024 ■ Background: Councilmember Taylor was elected from District 8 in November 2022 to serve for a term that ends on December 31 , 2026. Councilmember Taylor, pursuant to City Charter § 3.02:2, has tendered his resignation as councilmember, effective December 31, 2024, in order to run for the Office of Mayor in the general election on November 5, 2024. When a councilmember resigns to run for the Office of Mayor, the City Charter directs the unexpired portion of the councilmember's term is to be filled at the same election as the election for mayor. Accordingly, the attached resolution requests the special election be held on November 5, 2024. ■ Considerations: Upon adoption of the resolution requesting a court to order the special election, the City Attorney's Office will file the petition in compliance with the statutory requirements. If the special election is held at the same time as the November general election, the petitions for candidates would be filed at least 81 days before the election, which is August 16, 2024. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Resolution; Resignation Letter Recommended Action: Approval Submitting Department/Agency: City Attorney City Manager: 1 A RESOLUTION TO DIRECT THE CITY ATTORNEY TO 2 FILE A PETITION FOR A WRIT OF SPECIAL ELECTION 3 FOR THE OFFICE OF COUNCILMEMBER, DISTRICT 8 4 5 WHEREAS, Councilmember Taylor, District 8, was elected for a term that ends 6 December 31, 2026; 7 8 WHEREAS, Councilmember Taylor, pursuant to City Charter § 3.02:2, has 9 tendered his resignation as councilmember, effective December 31, 2024, in order to 10 run for the Office of Mayor; 11 12 WHEREAS, Code of Virginia § 24.2-226 requires the governing body to petition 13 its circuit court for a Writ of Special Election to fill the remaining portion of the term of 14 office for a member of the City Council when that member's term of office ends in a year 15 other than the year for which a general election to fill the vacancy occurs; and 16 17 WHEREAS, the City Charter provides, "The unexpired portion of the term of any 18 councilmember who has resigned to run for mayor shall be filled at the same general 19 election;" and 20 21 WHEREAS, the general election will be held on November 5, 2024; 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That the City Council directs the City Attorney to file a Petition for a Writ of 27 Special Election in the Circuit Court for the purpose of filling the vacancy in the Office of 28 Councilmember, District 8 for a term ending December 31, 2026, and requests such 29 special election to be held November 5, 2024. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of _ _, 2024. APPROVED AS TO LEGAL SUFFICIENCY: -✓lam-�"_ Cify orney's Office CA16538 R-1 June 7, 2024 �`4G1NIA.BEAc L O " r ��. C1ty of Vlrglrilc�. B ec�C�1 Zak �► `_ `rr 99'is idlg"Y�.�5 0�G OF- OUR NA"O virginiabeach.gov CHRIS TAYLOR CELL:(757)840-5859 COUNCIL MEMBER EMAIL:chtavlor(&vbaov.com DISTRICT 8 May 30, 2024 HONORABLE MAYOR MEMBERS OF CITY COUNCIL Dear Colleagues, As required by Section 3.02:2 of the City Charter, I hereby resign my seat as the District 8 City Council representative effective December 31, 2024. This letter constitutes notice of my intention to run for the office of mayor and I understand that this resignation does not require acceptance by the Council and is final and irrevocable upon its tender. Sincerely, Chris Taylor Cc: City Clerk City Attorney City Manager 2401 COURTHOUSE DRIVE,SUITE 2116,VIRGINIA BEACH,VIRGINIA 23456 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Add Section 33-113.3 to the City Code Pertaining to Encroachments in Sandbridge Waterways MEETING DATE: June 18, 2024 ■ Background: The City Council is occasionally asked to approve pier, boat lift, and wharf structures in the Sandbridge/Back Bay area. Such approval is required, in addition to a building permit, when the structure will utilize either City property or City easements or where the structure could interfere with the City's use of its easement. City Council approval is not required if the City does not own the adjacent waterway or if the structures fit entirely within private property boundaries. Residents and other stakeholders have raised concerns about the increasing size and scope of proposed waterfront structures and the cumulative impact of such structures on the Back Bay environment. With the assistance of a workgroup of internal and external stakeholders, staff has reviewed waterway encroachments in Sandbridge/Back Bay and developed recommendations regarding the current approval process resulting in the proposed Ordinance. The primary goal of this Ordinance is to encourage appropriately sized waterfront structures through an expedited administrative process that does not require City Council approval, so long as the stated criteria are met. For example, keeping a replacement pier to within the size of the existing pier's footprint, replacing an existing bulkhead with a new one that goes no further than 2 feet past the existing bulkhead, or limiting a new pier to no larger than 256 square feet all would be approvable with the proposed administrative process. Applicants will be allowed to apply for larger waterfront encroachments, but those will only be allowed if City Council approves them. A similar administrative process has been in place since 2015 in areas where neighborhood special service districts have been adopted for navigational dredging. ■ Considerations: The attached Ordinance authorizes an administrative approval of encroachments into Back Bay waterways for properties meeting the criteria set forth in the Ordinance. The application and internal approval process that exists today will continue, and the property owner will be required to execute an agreement that requires insurance and other protections for the City. Additionally, the administrative approval of the encroachment does not absolve the owner from any permit requirements or other approvals such as the Wetlands Board. If the staff denies the application, the property owner may seek to have that denial reviewed by City Council. The Ordinance includes a requirement of proof of notice to adjacent property owners, and objections from Add Section 33-113.3 to the City Code Page 2 of 2 neighbors that relate to navigation will result in the application following the encroachment process that requires City Council approval. a Public Information: Public information will be provided through the normal Council agenda process. a Recommendations: Adopt the attached Ordinance. a Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: City Manager's Office City Manager: 1 2 AN ORDINANCE TO ADD SECTION 33-113.3 TO 3 THE CITY CODE PERTAINING TO WATERWAY 4 ENCROACHMENTS IN SANDBRIDGE 5 WATERWAYS 6 7 SECTION ADDED: § 33-113.3 8 9 WHEREAS, the City Council of the City of Virginia Beach has approved funding for 10 restoring wetlands in the waterways of Back Bay, with a goal of reducing flooding; and 11 12 WHEREAS, accordingly, the council seeks to encourage waterfront development 13 practices in Sandbddge that reduce the impact on the sensitive environment of Back 14 Bay and its coves, creeks, and tributaries and that take into consideration the 15 cumulative impact of waterfront structures, boats and other motorized watercraft to be 16 used on Back Bay, and facilitating conditions to encourage growth of submerged 17 aquatic vegetation (SAV), which acts as natural flood protection. 18 19 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 20 BEACH, VIRGINIA: 21 22 That Section 33-113.3 is hereby added to the Code of the City of Virginia Beach, 23 Virginia, to read as follows: 24 25 Sec. 33-113.3 Administrative approval of temporary encroachments into City 26 property and easements in and along Sandbridge waterways and Back Bav 27 28 (a) The city council hereby authorizes the city manager or his designee upon proper 29 application to the department of public works, to approve any temporary encroachment 30 into city-owned waterways and city-owned property and easements adiacent to 31 waterways without prior city council approval to construct, alter or repair private use 32 boatlifts, mooring piles, piers, wharfs, floating docks, boat-ramps, shoreline stabilization 33 proiects, bulkheads, rip-rap revetments, living shorelines and associated water- 34 dependent facilities (collectively, "Pier Structures") in any of the Sandbridge waterways 35 when the following conditions are met: 36 37 (1) The owner has procured anv permits required by the city or other applicable 38 regulatory body; and 39 (2) The owner has secured approval from any board or body appointed by the 40 city to oversee the general health and welfare of the Southern Rivers watershed 41 wetlands, and any rivers, beaches or waterways; and 42 (3) The city attorney or his designee has reviewed and approved the 43 encroachment request for compliance with relevant local ordinances and 44 resolutions, the city code, state law, federal law and regulations and that 45 adjacent property owners have been notified: and 46 L4LThe following criteria are met: 47 (A) the application is to replace existing Pier Structures that will be no 48 larger than the footprint of such existing Pier Structures being replaced; or 49 (B) the application is to replace an existing bulkhead that will be installed 50 in=line with the alignment of the existing Pier Structure, or not more than 2-feet 51 outboard of the existing structure if alignment warrants without impeding 52 navigation or impacting existing wetland vegetation: or 53 (C) the applicant is to replace or construct a rip rap revetment or shoreline 54 stabilization project that will be installed immediately channelward of an existing 55 bulkhead or in-line with any detrimental erosion occurring along the shoreline 56 Said improvements shall minimize impacts to existing wetland vegetation if 57 present to the greatest extent practicable: or 58 59 (D) the application is for proposed private-use Pier Structures that meet 60 the following design criteria: r 61 Q) piers do not exceed six feet in width and finger Piers do not exceed five 62 feet in width: and 63 (ii) the total area of anv L or T head platforms and appurtenant floating 64 docking platforms do not exceed, in the aggregate, 256 square feet and 65 (iii) open-sided shelter roofs or gazebo-type structures shall not be placed 66 on platforms: and 67 (iv) the application does not propose or include open-sided roofs desioned 68 to shelter a boat, boat slip or boat lift: and 69 (v) any piers, docks or wharves that are parallel to the shoreline do not 70 cover more than 50 percent of the linear waterfront frontage of the lot. 71 72 (b) The application and processing fee for such temporary encroachment shall be as 73 provided by section 33-113.02. 74 75 (c) The application for such encroachment shall include prof of notice to the adiacent 76 property owner(s). If an adjacent prolLerty owner with confirmed water access objects to 77 such application because of navigational concerns, the application shall be excluded 78 from the authorization for an administrative approval set forth by this section 79 80 Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Public Works City Attorney's 6i CA16069 R-1 May 30, 2024 r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Sections 37-71, 37-72 and 37-72.1 of the City Code Pertaining to Backflow Prevention Devices MEETING DATE: June 18, 2024 ■ Background: The revisions to the backflow prevention ordinance are housekeeping measures that will bring the city's ordinance into compliance with the Commonwealth's Waterworks Regulations. First, this ordinance specifies that the individual who is certified to repair or inspect backflow devices shall be a certified Commonwealth of Virginia tradesman (Backflow Prevention Device Worker). The second amendment accurately describes the ability of public utilities to enter private property, in lieu of an emergency. The final amendment clarifies what penalties Public Utilities may impose for violations of Chapter 37. These penalties include discontinuation of service to a property, imposition of a fine, or both. ■ Considerations: These amendments will bring the Public Utilities Chapter 37 up to date with Commonwealth regulations and provide clarification on certain elements of the ordinance. ■ Public Information: Public information will be provided through the normal City Council agenda process. ■ Attachments: Ordinance Recommended Action: Approval of Ordinance Submitting Department/Agency: Public Utilities City Manager: 1 AN ORDINANCE TO AMEND SECTIONS 37- 2 71, 37-72 AND 37-72.1 OF THE CITY CODE 3 PERTAINING TO BACKFLOW PREVENTION 4 DEVICES 5 6 Sections Amended: §§ 37-71, 37-72 and 37- 7 72.1 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 That Sections 37-71, 37-72 and 37-72.1 of the City Code are hereby amended 13 and reordained to read as follows: 14 15 Sec. 37-71. Maintenance and inspection of backflow prevention devices. 16 17 The consumer, at his own expense, shall install, operate, test and maintain 18 approved backflow prevention devices, as directed by the department of public utilities. 19 It shall be the duty of the consumer to have such devices inspected at least annually or 20 at such greater frequency as the director may deem necessary. Such inspections shall 21 be performed by a 22 certified Commonwealth of Virginia tradesman (Backflow 23 Prevention Device Worker). The consumer shall maintain accurate records of tests and 24 repairs made to backflow prevention devices and provide the director with copies of 25 such records. The records shall be on forms approved or provided by the director. In the 26 event of accidental pollution or contamination of the public or consumer's potable water 27 system, due to backflow on or from the consumer's premises, the owner shall promptly 28 take steps to confine further spread of the pollution of contamination within the 29 consumer's premises and shall immediately notify the director of the hazardous 30 condition. 31 32 Sec. 37-72. Inspections; notice to correct defects. 33 34 (a) The director shall have may request right of entry into any building, during 35 reasonable hours, for the purpose of making inspections of the water distribution 36 system installed in such building or premise. The owner or occupant may 37 accompany the inspector while this inspection is being made. If no approval is 38 given by the owner, a search warrant should be obtained to gain admittance unless 39 there is an emergency. 40 41 (b) All new construction plans and specifications for commercial buildings shall be 42 made available to the director and building codes administrator to determine the 43 degree of hazard of possible cross-connections. 44 45 (c) An on-site inspection of all existing buildings will be made to determine the degree 46 of hazard to the public water system. If an unauthorized cross-connection is found, 47 either actual or potential, the director shall proceed in accordance with the 48 provisions of Section 37-72.1. 49 50 Sec. 37-72.1. Violations. 51 52 . . . 53 54 (c) In addition to disconnection of water service as set forth in this section, and Ret- 55 lion� thereof, a violation of any of the provisions of this article shall be punishable by 56 a fine in an amount not exceeding Two Thousand, Five Hundred Dollars 57 ($2,500.00) or may be enjoined by a court of competent jurisdiction upon 58 application of the director, either or both. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Department of Public Utilitie City Attorn s ffice CA16217 R-2 May 10, 2024 2 CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: (1)An Ordinance to Amend the Title of Article XII of Chapter 35 and Sections 35- 252 and 18-104.1 and to Repeal Sections 18-59 and 18-60 of the City Code Regarding Taxes upon Businesses that Rent Tangible Personal Property (2) An Ordinance to Amend the Title of Article VII of Chapter 35 and Sections 35- 158 and 35-161 through 35-169 of the City Code Regarding the Transient Occupancy Tax MEETING DATE: June 18, 2024 ■ Background: The Commissioner of the Revenue periodically reviews the City Code for opportunities to clarify the Code and assist taxpayers in understanding the requirements for various types of taxes. Additionally, one change to the City's short-term rental registry section of the City Code is required to align the language of the City Code with legislation adopted by the General Assembly. ■ Considerations: There are two ordinances presented at the request of the Commissioner of the Revenue. The first relates to the tax upon short-term rental of tangible personal property. The proposed changes in this ordinance seek to treat all businesses that engage in the short-term rental of tangible personal property in a similar manner. If adopted the applicable business license for renting beach equipment and surfboards will be the same as a business that rents other tangible personal property, such as tool and equipment rental companies. This ordinance also seeks to recast the tax from "short term rental tax" to "tax on the short-term rental of tangible personal property" to avoid confusion between this tax and the rental of apartments and homes. Because of the update to the business license tax, which is a calendar year tax, this ordinance has an effective date of January 1, 2025. The second ordinance relates to the transient occupancy tax. This ordinance addresses four issues. First, the ordinance seeks to standardize terms regarding the three primary activities discussed: collect; report; and remit. Second, the ordinance updates the City's short-term rental registry to match 2024 Acts of Assembly chapter 700, which requires such a registry to allow attestation from the property owner when a lessee or sublessee is given permission to operate the short-term rental. Third, the ordinance authorizes the Commissioner of the Revenue to seek certain information from the accommodations provider when the accommodations intermediary refuses to provide information necessary for the proper assessment of the tax. Last, the ordinance imposes a fine on an accommodations intermediary that fails to provide required monthly reporting to the Commissioner of the Revenue. This ordinance has an effective date of October 1, 2024, to avoid the busier summer season. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachment: Ordinances (2) Requested by the Commissioner of the Revenue 1 AN ORDINANCE TO AMEND THE TITLE OF 2 ARTICLE XII OF CHAPTER 35 AND SECTIONS 3 35-252 AND 18-104.1 AND TO REPEAL 4 SECTIONS 18-59 AND 18-60 OF THE CITY CODE 5 REGARDING TAXES UPON BUSINESSES THAT 6 RENT TANGIBLE PERSONAL PROPERTY 7 8 SECTIONS AMENDED: 35-252 and 18-104.1 9 10 SECTIONS REPEALED: 18-59 and 18-60 11 12 WHEREAS, there is a need to harmonize the tax treatment of all businesses that 13 engage in the short-term rental of tangible personal property and distinguish the 14 nomenclature of tangible personal property rentals from the rental of residences to 15 transients; 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 18 OF VIRGINIA BEACH, VIRGINIA, THAT: 19 20 1 . The title of Article XII of Chapter 35 and Sections 35-252 and 18-104.1 of the City 21 Code are hereby amended and reordained and Sections 18-59 and 18-60 are 22 hereby repealed as follows: 23 24 ARTICLE XII. SHORT—TERM RENTAL TAX TAX ON SHORT-TERM RENTAL OF 25 TANGIBLE PERSONAL PROPERTY 26 27 Sec. 35-252. Short-term rental tax; Tax on short-term rental of tangible personal 28 property. 29 30 (a) Levied; amount. Pursuant to Code of Virginia § 58.1-3510.6, there is hereby 31 assessed and imposed on every person engaged in the short-term rental of tangible 32 personal property h,u�ss a tax of one (1) percent on the gross proceeds of such 33 business defined in subsection (c)(1) and one and one-half (1 '/2) percent of such 34 business defined in subsection (c)(2). Such tax shall be in addition to the tax levied 35 pursuant to Code of Virginia § 58.1-605. For purposes of this section, "gross 36 proceeds" means the total amount charged to each person for the rental # short- 37 term rental of tangible personal property, excluding any state and local sales tax paid 38 pursuant to the Virginia Retail Sales and Use Tax Act. 39 40 (b) Short-term rental property defined. For purposes of this section, "short-term rental 41 property" means all tangible personal property held for rental and owned by a person 42 engaged in the short-term rental of tangible personal property business, except 43 trailers, as defined in Code of Virginia § 46.2-100 and other tangible personal 44 property required to be licensed or registered with the department of motor vehicles, 45 department of wildlife resources ga aed inland fish , or the department of 46 aviation. For purposes of this section, the terms "short-term rental property" and 47 "short-term rental of tangible personal property" shall have the same meaning. 48 49 (c) Short-term rental of tangible personal property business defined. A person is 50 engaged in the short-term rental of tangible personal property business if: 51 52 (1) Not less than eighty (80) percent of the gross rental receipts of such business 53 during the preceding year arose from transactions involving the rental of short- 54 term rental property, other than heavy equipment property as defined in 55 subdivision (2), for periods of ninety-two (92) consecutive days or less, including 56 all extensions and renewals to the same person or a person affiliated with the 57 lessee; or 58 59 (2) Not less than sixty (60) percent of the gross rental receipts of such business 60 during the preceding year arose from transactions involving the rental of heavy 61 equipment property for periods of two hundred seventy (270) consecutive days 62 or less, including all extensions and renewals to the same person or a person 63 affiliated with the lessee. For purposes of this subdivision, "heavy equipment 64 property" means rental property of an industry that is described under code 65 532412 or 532490 of the 2002 North American Industry Classification System 66 as published by the United States Census Bureau, excluding office furniture, 67 office equipment, and programmable computer equipment and peripherals as 68 defined in Code of Virginia § 58.1-3503(A)(16). 69 70 For purposes of determining whether a person is engaged in the short-term rental 71 of tangible personal property business as defined in subdivisions (1) and (2), a person is 72 "affiliated" with the lessee of rental property if such person is an officer, director, partner, 73 member, shareholder, parent or subsidiary of the lessee, or if such person and the lessee 74 have any common ownership interest in excess of five (5) percent; any rental to a person 75 affiliated with the lessee shall be treated as rental receipts but shall not qualify for 76 purposes of the eighty(80) percent requirement of subdivision (1)or the sixty(60) percent 77 requirement of subdivision (2); and any rental of personal property which also involves 78 the provision of personal services for the operation of the personal property rented shall 79 not be treated as gross receipts from rental, provided however that the delivery and 80 installation of tangible personal property shall not mean operation for the purposes of this 81 subdivision. 82 83 A person who has not previously been engaged in the short-term rental of tangible 84 personal property h,,��s who applies for a certificate of registration pursuant to 85 subsection (j) shall be eligible for registration upon his certification that he anticipates 86 meeting the requirements of subdivision (1) or(2), designated by the applicant, during the 87 year for which registration is sought. 88 89 In the event that the commissioner of the revenue makes a written determination 90 that a rental business previously certified as short-term rental of tangible personal 91 property business pursuant to subsection (j) has failed to meet either of the tests set forth 92 in subdivision (1) or (2) during a preceding tax year, such business shall lose its 93 certification as a short-term rental of tangible personal property business and shall be 94 subject to the business personal property tax with respect to all rental property for the tax 95 year in which such certification is lost and any subsequent tax years until such time as 96 the rental business obtains recertification pursuant to subsection (j). In the event that a 97 rental business loses its certification as a short-term rental of tangible personal property 98 business pursuant to this subsection, such business shall not be required to refund to 99 customers daily rental property taxes previously collected in good faith and shall not be 100 subject to the assessment for business personal property taxes with respect to rental 101 property for tax years preceding the year in which the certification is lost unless the 102 commissioner makes a written determination that the business obtained its certification 103 by knowingly making materially false statements in its application, in which case the 104 commissioner may assess the taxpayer the amount of the difference between the short- 105 term rental of tangible personal property taxes remitted by such business during the 106 period in which the taxpayer wrongfully held certification and the business personal 107 property taxes that would have been due during such period but for the certification 108 obtained by the making of the materially false statements. Any such assessment, and any 109 determination not to certify or to decertify a rental business as a short-term rental of 110 personal property business as defined in this subsection, may be appealed pursuant to 111 the procedures and requirements set forth in Code of Virginia § 58.1-3983.1 for appeals 112 of local business taxes, which shall apply mutatis mutandis to such assessment and 113 certification decisions. 114 115 A rental business that has been decertified pursuant to the provisions of this 116 subsection shall be eligible for recertification for a subsequent tax year upon a showing 117 that it has met one of the test provided in subdivisions (1) and (2) for at least ten (10) 118 months of operations during the present tax year. 119 120 (d) Taxation of rental property that is not short-term rental property. Except for short- 121 term rental passenger cars, rental property that is not short-term rental property shall 122 be classified for taxation pursuant to Code of Virginia § 58.1-3503. 123 124 (e) Collection, reporting return and remittance of tax. Any person engaged in the short- 125 term rental of tangible personal property bus+ness, as defined by subsection (c), shall 126 collect such tax from each lessee of rental property at the time of the rental. The 127 lessor of the short-term rental property shall transmit a quarterly report ro�R, not 128 later than the fifteenth day following the end of each calendar quarter, to the 129 treasurer, reporting the gross rental proceeds derived from the short-term rental of 130 tangible personal property "u, es. The commissioner of the revenue shall assess 131 the tax due, and the short-term rental of tangible personal property business shall 132 pay the tax so assessed to the treasurer not later than the last day of the month 133 following the end of the calendar quarter. The calendar quarters end on March 31, 134 June 30, September 30 and December 31 . The return shall be upon such forms, 135 approved by the commissioner of the revenue and the treasurer, setting forth such 136 information as the commissioner of revenue may require, showing the amount of 137 gross receipts and the tax required to be collected. The taxes required to be collected 138 under this article shall be deemed to be held in trust by the person required to collect 139 such taxes until remitted as required in this article. 140 141 (f) Procedure upon failure to collect, report or remit taxes. If any person, whose duty it 142 is so to do, shall fail or refuse to collect the tax imposed under this article and to 143 make, within the time provided in this article, the returns and remittances required in 144 this article, the commissioner of the revenue shall obtain facts and information 145 necessary to create an estimate of the tax due. Within ten (10) days from the date 146 the tax was due, he shall proceed to determine and assess against such person the 147 tax and the late filing penalty established in subsection (g) below, and shall notify 148 such person, by hand-delivery, facsimile, electronic mail or certified mail, of the total 149 amount of such tax and penalty; a copy of the assessment shall be delivered 150 simultaneously to the treasurer. The total amount thereof shall be payable 151 immediately, and the treasurer shall proceed to collect same as authorized by law. 152 153 (g) Failure or refusal to remit tax, penalty. If any person, whose duty it is so to do, shall 154 fail or refuse to remit the tax required to be collected and paid under this article within 155 the time specified in the article, there shall be added to such tax a penalty in the 156 amount of ten (10) percent of the tax past due or the sum of ten dollars ($10.00), 157 whichever is the greater. The assessment of such penalty shall not be deemed a 158 defense to any criminal prosecution for failing to make any return or remittance as 159 required in this article. Penalty for failure to pay the tax assessed pursuant to this 160 article shall be assessed on the first day following the day such quarterly installment 161 payment is due. 162 163 (h) Late filing penalty. 164 165 (1) If a report is not filed on or before the due date set forth in subsection (a) above, 166 there shall be added a penalty in the amount of ten (10) percent of the tax 167 assessable on such return or ten dollars ($10.00), whichever is greater; 168 provided, however, that the penalty shall in no case exceed the amount of the 169 tax assessable. Such penalty shall not be assessed until the day after the report 170 is due. Any such penalty, when assessed, shall become part of the tax. 171 172 (2) No penalty for failing to file a report shall be assessed if such failure was not the 173 fault of the taxpayer or was the fault of the commissioner of the revenue. The 174 commissioner of the revenue shall make determinations of fault relating to failure 175 to file a report. 176 177 (i) Exclusions and exemptions. No tax shall be collected or assessed on (i) rentals by 178 the commonwealth, any political subdivision of the commonwealth or the United 179 States, or (ii) any rental of durable medical equipment as defined in Code of Virginia 180 § 58.1-608(22). Additionally, all exemptions applicable in the Code of Virginia Title 181 58.1, Ch. 6 (section 58.1-600 et seq.) shall apply mutatis mutandis to the short-term 182 rental of tangible personal property tax. 183 184 (j) Renter's certificate of registration. Every person engaging in the business of short- 185 term rental of tangible personal property shall file an application for a certificate of 186 registration with the commissioner of the revenue. The application shall be on a form 187 prescribed by the commissioner of revenue and shall set forth the name under which 188 the applicant intends to operate the rental business, the subdivision of subsection (c) 189 under which the business asserts that it is qualified for classification as a short-term 190 rental of tangible personal property business, the location and such other information 191 as the commissioner may require. 192 193 Each applicant shall sign the application as owner of the rental business. If the 194 rental business is owned by an association, partnership, limited liability company, or 195 corporation, the application shall be signed by a member, partner, executive officer or 196 other person specifically authorized by the association, partnership, limited liability 197 company, or corporation to sign. 198 199 Upon approval of the application by the commissioner of the revenue, a certificate 200 of registration shall be issued. The certificate shall be conspicuously displayed at all times 201 at the place of business for which it is issued. 202 The certificate is not assignable and shall be valid only for the person in whose name it 203 is issued and the place of business designated. 204 205 (k) Criminal penalties for violation of article. Any person violating or failing to comply with 206 any provision of this article shall be guilty of a Class 3 misdemeanor. Provided 207 however, if the amount of tax due and unpaid for any quarterly installment exceeds 208 one thousand dollars ($1,000.00), any person failing to remit payment when due shall 209 be guilty of a Class 1 misdemeanor. The treasurer may apply for the issuance of a 210 warrant or summons for such person in the manner provided by law. 211 212 (1) Copies of reports; appeal of estimated assessment. (i) The treasurer shall provide 213 the commissioner of the revenue by the fifteenth of each month with copies of all 214 reports submitted in the preceding month by persons required to collect the tax levied 215 by this article, and (ii) any person issued an estimated assessment as described in 216 subsection (f), who is aggrieved by the assessment, may apply to the commissioner 217 of the revenue for correction as provided by Code of Virginia § 58.1-3980. 218 219 (m) Duties of the commissioner of the revenue. The commissioner of the revenue shall 220 be charged with auditing the reports required by this article, ensuring that short-term 221 rental of tanqible personal property businesses are registered to collect the tax levied 222 by this article, and responding to all inquiries that may be made by taxpayers or rental 223 businesses. 224 225 (n) Duties of the city treasurer. The city treasurer shall be charged with the receipt and 226 collection of the taxes imposed and levied by this article, and shall cause the same 227 to be paid into the general treasury of the city. 228 229 . . . . 230 231 SeG. 18- . BeaGh equipment rental Generally. 232 233 234 equipment in the n� all be 0_36 PeFGent of the nre reGein}c on Gh business 235duriing the nreGedinn Galendar year.N..,,,,,ul Iy y�N . 236 237 " shall mean dygewtF-I 238 umbrellas nhairs �e�iRdbreakers aOF fleats and Info rafts IIU V, VI I V, IIA NI\+NI\ , • 239 240 . 241 242 (a) The "Gense tax Fate for eaGh peFsen engaged in the business Of FeRting surfbeards- 243 244 PFeGe ling nolendar year. 245 246 (b) All sur-fbeaFds offered for rent shall be marked with a permanent identifiGation 247 indicating that they are fnr rent. Iy .�,Nl they 248 249 (G) No IhGense shall be issued for the rental of surfboards unto! the appliGant therefor shaU 250 have presented a GeFtifiGate, approved by the Gity attorney as to ferm and surety, 0 251 personal injury liability i :everage in the amount of$100,000.00 per pemen 252 $300,000.00 per aGGident and property damage liability insuranGe in the amount 253 of $5,000.041 254 255 . . . . 256 257 Sec. 18-104.1. Short-term rental of tangible personal property business. 258 259 Every person engaged in the short-term rental of tangible personal property 260 business as defined in section 35-252 of this Code shall be classified in the category of 261 retail sales and shall pay a license tax rate equal to that imposed in section 18-89 on 262 merchants, retail. For purposes of this section and section 35-252 the rental of beach 263 equipment and the rental of surfboards shall be considered the short-term rental of 264 tangible personal property if such rentals meet the classification provided by section 35- 265 252(c)(1) or (c)(2). 266 267 2. The effective date of this ordinance is January 1 , 2025. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of 2024. APPRQVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Commission r o the evenue torney's Office CA16529 R-2 June 11, 2024 ,. Ste'"w tom, CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: (1) An Ordinance to Amend the Title of Article XII of Chapter 35 and Sections 35- 252 and 18-104.1 and to Repeal Sections 18-59 and 18-60 of the City Code Regarding Taxes upon Businesses that Rent Tangible Personal Property (2) An Ordinance to Amend the Title of Article VII of Chapter 35 and Sections 35- 158 and 35-161 through 35-169 of the City Code Regarding the Transient Occupancy Tax MEETING DATE: June 18, 2024 ■ Background: The Commissioner of the Revenue periodically reviews the City Code for opportunities to clarify the Code and assist taxpayers in understanding the requirements for various types of taxes. Additionally, one change to the City's short-term rental registry section of the City Code is required to align the language of the City Code with legislation adopted by the General Assembly. ■ Considerations: There are two ordinances presented at the request of the Commissioner of the Revenue. The first relates to the tax upon short-term rental of tangible personal property. The proposed changes in this ordinance seek to treat all businesses that engage in the short-term rental of tangible personal property in a similar manner. If adopted the applicable business license for renting beach equipment and surfboards will be the same as a business that rents other tangible personal property, such as tool and equipment rental companies. This ordinance also seeks to recast the tax from "short term rental tax" to "tax on the short-term rental of tangible personal property" to avoid confusion between this tax and the rental of apartments and homes. Because of the update to the business license tax, which is a calendar year tax, this ordinance has an effective date of January 1, 2025. The second ordinance relates to the transient occupancy tax. This ordinance addresses four issues. First, the ordinance seeks to standardize terms regarding the three primary activities discussed: collect; report; and remit. Second, the ordinance updates the City's short-term rental registry to match 2024 Acts of Assembly chapter 700, which requires such a registry to allow attestation from the property owner when a lessee or sublessee is given permission to operate the short-term rental. Third, the ordinance authorizes the Commissioner of the Revenue to seek certain information from the accommodations provider when the accommodations intermediary refuses to provide information necessary for the proper assessment of the tax. Last, the ordinance imposes a fine on an accommodations intermediary that fails to provide required monthly reporting to the Commissioner of the Revenue. This ordinance has an effective date of October 1, 2024, to avoid the busier summer season. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachment: Ordinances (2) Requested by the Commissioner of the Revenue 1 AN ORDINANCE TO AMEND THE TITLE OF 2 ARTICLE VII OF CHAPTER 35 AND SECTIONS 3 35-158 AND 35-161 THROUGH 35-169 4 REGARDING THE TRANSIENT OCCUPANCY 5 TAX 6 7 SECTIONS AMENDED: 35-158; 35-161 through 35-169 8 9 WHEREAS, there is a need to update the City Code sections regarding the 10 imposition, reporting, and remittance of transient occupancy taxes for consistence in the 11 use of terminology; 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 14 OF VIRGINIA BEACH, VIRGINIA, THAT: 15 16 1. The title of Article VII of Chapter 35, and Sections 35-158 and 35-161 through 35- 17 168 of the City Code are hereby amended and reordained as follows: 18 19 ARTICLE VII. TAX ON TRANSIENTS OBTAINING TRANSIENT TRANSIENTS 20 OCCUPANCY TAX 21 22 Sec. 35-158. Definitions. 23 24 Except where the context clearly indicates a different meaning, the following words 25 and phrases, when used in this article shall, for the purposes of this article, have the 26 meanings ascribed to them in this section: 27 28 Accommodations. "Accommodations" means any room or space for which tax is 29 imposed on the retail sale of the same pursuant to this article. 30 31 Accommodations fee. "Accommodations fee" means the room charge less the 32 discount room charge, if any, provided that the accommodations fee shall not be less than 33 $0.00. 34 35 Accommodations intermediary. "Accommodations intermediary" means any person 36 other than an accommodations provider that: (i) facilitates the sale of an accommodation; 37 and (ii) either: (a) charges a room charge to the customer, and charges an 38 accommodations fee to the customer, which fee it retains as compensation for facilitating 39 the sale; (b) collects a room charge from the customer; or (c) charges a fee, other than 40 an accommodations fee, to the customer, which fee it retains as compensation for 41 facilitating the sale. For purposes of this definition, "facilitates the sale" includes brokering, 42 coordinating, or in any other way arranging for the purchase of the right to use 43 accommodations via a transaction directly, including via one or more payment 44 processors, between a customer and an accommodations provider. "Accommodations 45 intermediary" does not include a person: (1) if the accommodations are provided by an 46 accommodations provider operating under a trademark, trade name, or service mark 47 belonging to such person; (2)who facilitates the sale of an accommodation if: (i) the price 48 paid by the consumer to such person is equal to the price paid by such person to the 49 accommodations provider for the use of the accommodations; and (ii) the only 50 compensation received by such person for facilitating the sale of the accommodations is 51 a commission paid from the accommodations provider to such person; or (3) who is 52 licensed as a real estate licensee pursuant to Article 1 of Chapter 21 of Title 54.1, when 53 acting within the scope of such license. 54 55 Accommodations provider. "Accommodations provider" means any person that 56 furnishes accommodations to the general public for compensation. The term "furnishes" 57 includes the sale of use or possession or the sale of the right to use or possess. An 58 Accommodations provider may be any public or private hotel, inn, hostelry, tourist home 59 or house, tourist camp, tourist cabin, camping grounds, motel, whole home rental, room 60 for rent, rooming house or other lodging place within the city offering lodging, for 61 compensation, to any transient. 62 63 Affiliate. "Affiliate" means with respect to any person, any other person directly or 64 indirectly controlling, controlled by, or under common control with such person. For 65 purposes of this definition, "control" (including controlled by and under common control 66 with) shall mean the power, directly or indirectly, to direct or cause the direction of the 67 management and policies of such person through ownership or voting securities or by 68 contract or otherwise. 69 70 City treasurer. "City treasurer" means the treasurer of the city and any of his or her 71 duly authorized deputies and agents. 72 73 Commissioner of the revenue. "Commissioner of the revenue" means the 74 commissioner of revenue of the city and any of his or her duly authorized deputies and 75 agents. 76 77 Discount room charge. "Discount room charge" means the full amount charged by 78 the accommodations provider to the accommodations intermediary, or an affiliate thereof, 79 for furnishing the accommodations. 80 81 Person. Where the accommodations intermediary or accommodations provider is a 82 corporation, partnership, or limited liability company "person" shall mean a "corporate 83 partnership or limited liability company officer" as that term is defined in Virginia Code § 84 58.1-3906. Where the accommodations intermediary or accommodations provider is a 85 sole proprietorship, person shall mean the owner or managing agent of such sole 86 proprietorship. 87 88 Retail sale. "Retail sale" means a sale to any person for any purpose other than for 89 resale. 90 91 Room charge. "Room charge" means the full retail price charged to the customer for 92 the use of the accommodations before taxes. "Room charge" includes any fee charged 93 to the customer and retained as compensation for facilitating the sale, whether described 94 as an accommodations fee, facilitation fee, or any other name. The room charge shall be 95 determined in accordance with 23VAC10-210-730 and the related rulings of the Virginia 96 Department of Taxation on the same. Non-mandatory fees, such as a resort activity fee 97 or parking fee, shall not be included in the definition of "room charge" provided the 98 transient has a bona-fide opportunity to decline paying such fee without jeopardizing the 99 retail sale or purchase of accommodations. 100 101 Transient. "Transient" means any person who, for any period of not more than ninety 102 (90) consecutive days, either at his own expense or at the expense of another, obtains 103 accommodations from any accommodations provider. 104 105 The commissioner of the revenue may rely upon the processes and procedures 106 promulgated by the Virginia Department of Taxation to implement 2021 Acts of Assembly 107 Special Session c. 383 or 2022 Acts of Assembly cs. 7 and 640 in the construction or 108 interpretation of any of the above definitions and the incidence of the tax authorized by 109 this article VII of chapter 35 of the City Code. 110 111 .... 112 113 Sec. 35-161. Collection. 114 115 (a) For any retail sale of accommodations not facilitated by an accommodations 116 intermediary, the accommodations provider shall collect the tax imposed on 117 transients pursuant to this article, computed on the total price paid for the use or 118 possession of the accommodations, and shall remit the same to the city and shall be 119 liable for the same. 120 121 (b) For any retail sale of accommodations facilitated by an accommodations 122 intermediary, the accommodations intermediary shall be deemed under this article 123 as a facility making a retail sale of an accommodation. The accommodations 124 intermediary shall collect the tax imposed pursuant to this article, computed on the 125 room charge and shall remit the same to the leGality and shall be liable for the 126 same. 127 128 (c) For any transaction for the retail sale of accommodations involving two or more 129 parties that meet the definition of accommodations intermediary, nothing in this 130 section shall prohibit such parties from making an agreement regarding which party 131 shall be responsible for collecting and remitting the tax, so long as the party so 132 responsible is registered with the locality for purposes of remitting the tax. In such 133 event, the party that agrees to collect and remit the tax shall be the principal sele 134 party liable for the tax, and the other party to such agreement shall not be liable for 135 such tax. Notwithstanding the previous sentence, if the accommodations 136 intermediary refuses to collect or remit the tax or refuses to provide relevant reporting 137 to the commissioner of the revenue, nothing herein shall preclude the commissioner 138 of the revenue or the city treasurer from seeking applicable reports or remittance 139 from the accommodations provider. 140 141 (d) In any retail sale of any accommodations in which an accommodations intermediary 142 does not facilitate the sale of the accommodations, the accommodations provider 143 shall separately state the amount of the tax in the bill, invoice, or similar 144 documentation and shall add the tax to the total price paid for the use or possession 145 of the accommodations. In any retail sale of any accommodations in which an 146 accommodations intermediary facilitates the sale of the accommodation, the 147 accommodations intermediary shall separately state the amount of the tax on the bill, 148 invoice, or similar documentation and shall add the tax to the room charge; thereafter, 149 such tax shall be a debt from the customer to the accommodations intermediary, 150 recoverable at law in the same manner as other debts. 151 152 (e) The taxes required to be collected under this section shall be deemed to be held in 153 trust by the person required to collect such taxes, until remitted as required in this 154 article. 155 156 (f) Any accommodations intermediary conducting transactions within the city shall 157 submit to the commissioner of the revenue the property addresses and gross receipts 158 for ag each accommodations facilitated by the accommodations intermediary in the 159 city on forms promulgated by the commissioner of the revenue. The report submitted 160 to the commissioner of the revenue shall solely be used for the administration of the 161 transient occupancy tax, and the disclosure of such report shall be governed by 162 Virginia Code 58.1-3. Any accommodations intermediary that fails to timely provide 163 such report to the commissioner of the revenue, shall be subject to a penal fine of 164 $500. The violation and imposition of the penal fine may be prosecuted in the same 165 manner as a criminal misdemeanor. A copy of this report containing only the 166 property addresses shall be separately submitted by the accommodations 167 intermediary to the zoning division of the department of planning. Such information 168 shall be submitted monthly. 169 170 Sec. 35-162. Reports and remittances generally. 171 172 (a) Every person receiving payment for accommodations shall collect the tax imposed 173 by section 35-159 from the purchaser upon whom the same is levied at the time of 174 payment for the retail sale or purchase of such accommodations. The taxes so 175 collected shall be held in trust for the city by the person required to collect such tax 176 until remitted in accordance with this article. The wrongful and fraudulent use of such 177 collection and remittance may constitute embezzlement as provided by Virginia Code 178 § 58.1-3833. The person collecting any tax as provided in this article 179 shall make out a report, upon forms created by the city treasurer that shall request 180 all information that the commissioner of the revenue and the city treasurer may 181 require, and shall sign and deliver such report to the city treasurer with a remittance 182 of such tax. Such reports and remittances shall be made on or before the twentieth 183 day of each month, for seVer+ng the amount 9 tax collected during the preceding 184 month. 185 186 (b) Late reporting #icing-penalty. 187 188 (1) If a report is not returned to the commissioner of the revenue filed on or before the 189 due date set forth in subsection (a) above, there shall be added a penalty in the 190 amount of ten (10) percent of the tax assessable on such return or ten dollars 191 ($10.00), whichever is greater; provided, however, that the penalty shall in no case 192 exceed the amount of the tax assessable. Such penalty shall not be assessed until 193 the day after the report is due. Any such penalty, when assessed, shall become part 194 of the tax. 195 196 (2) No penalty for failing to file-a report shall be assessed if such failure was not the fault 197 of the person required to collect, report, and remit such taxes taxpayer or was the 198 fault of the commissioner of the revenue. The commissioner of the revenue shall 199 make determinations of fault relating to failure to file-a report. 200 201 (c) The treasurer shall provide the commissioner of the revenue by the fifteenth of each 202 month with copies of all reports submitted in the preceding month by persons 203 required to collect the tax levied by this article. 204 205 Sec. 35-163. Collector's records. 206 207 It shall be the duty of every person liable for the collection, reporting, and remittance 208 and payment to the city of any tax imposed by this article to keep and to preserve, for a 209 period of five (5) years, such suitable records as may be necessary to determine the 210 amount of such tax as he may have been responsible for collecting, reporting, and 211 remitting the tax and paying to the city. The commissioner of revenue may inspect such 212 records at all reasonable times. 213 214 Sec. 35-164. Duty of collector going out or disposing of business. 215 216 Whenever any person required to collect, report, and remit and pay to the city a tax 217 under this article shall cease to operate or otherwise dispose of his business, any tax 218 payable under this article to the city shall become immediately due and payable and such 219 person shall immediately make a report and remit pay the tax due. 220 221 Sec. 35-165. Penalty for late remittance or false report return. 222 223 (a) If any person, whose duty it is so to do, shall falsely report to the commissioner of 224 the revenue file or refuse to remit to the city treasurer the tax required to be collected 225 and paid under this article, within the time and in the amount specified in this article, 226 there shall be added to such tax by the city treasurer a penalty of ten (10) percent of 227 the amount due or ten dollars ($10.00), whichever is greater; provided, however, that 228 the penalty shall not exceed the amount due. 229 230 (b) A penalty for failure to pay the tax due URder this artiGle shall not be imposed if it was 231 not the fault of the taxpayer or was the fault of the treasure . No penalty for failing to 232 remit the tax due under this article shall be assessed if such failure was not the fault 233 of the person required to collect, report, and remit such taxes or was the fault of the 234 city treasurer. The city treasurer shall make determinations of fault relating to failure 235 to remit a tax. The commissioner of the revenue shall make determinations of fault 236 regarding false reports. 237 238 Sec. 35-166. Procedure upon failure to report, etc. 239 240 (a) If any person, whose duty it is so to do, shall fail to make, within the time provided in 241 this article, any report required by this article, the commissioner of the revenue shall 242 obtain facts and information necessary to create an estimate of the tax due. Within 243 ten (10) days from the date the tax was due, he shall proceed to determine and 244 assess against such person the tax and the late filing penalty established at section 245 35-162(b), and shall notify such person, by hand delivery, facsimile, first-class or 246 electronic mail, of the total amount of such tax and penalties, and a copy of the 247 assessment shall be delivered simultaneously to the treasurer. The total amount 248 thereof shall be payable immediately, and the treasurer shall proceed to collect same 249 as authorized by law. 250 251 (b) It shall be the duty of the commissioner of the revenue to ascertain the name of every 252 accommodations provider in the city, liable for the collection 253 of the tax levied by this article, who fails, refuses or neglects to collect such tax or 254 make, within the time provided by this article, the reports or remittances required in 255 this article. The commissioner of the revenue or the city treasurer, as applicable, may 256 apply for the issuance of a warrant or summons for such person in the manner 257 provided by law. 258 259 (c) Any person issued an estimated assessment as described in subsection (a), who is 260 aggrieved by the assessment, may apply to the commissioner of the revenue for 261 correction as provided by relevant state or local Code. 262 263 Sec. 35-167. Violations of article. 264 265 Any person violating or failing to comply with any provision of this article shall be 266 guilty of a Class 1 misdemeanor. Conviction of such violation shall not relieve any person 267 fromAl e collecting, reporting, and remitting the tax to the city payment, GG_IIeGtWGn or 268 romi++anno of the taxes provided for in this article. 269 270 Sec. 35-168. Duties of commissioner of the revenue and city treasurer. 271 272 (a) The commissioner of the revenue shall be charged with auditing the reports required 273 by this article, ensuring that accommodations providers ledging places are registered 274 to collect the tax levied by this article, and responding to all inquiries that may be 275 made by accommodations providers. taxpayers or peFSeRS eperating ledging plaGeS. 276 277 (b) The city treasurer shall be charged with the receipt and collection of the taxes 278 imposed and levied by this article; and shall cause the same to be paid into the 279 general treasury of the city. 280 281 282 2. Section 35-169 of the City Code is hereby amended and reordained to read as follows: 283 284 Sec. 35-169. Short-term rental registry. 285 286 ... 287 288 (b) An operator of a short-term rental is required to register with the commissioner of 289 the revenue annually. The registration shall be ministerial in nature and shall require 290 operators to provide the complete name of the operator and the address of each property 291 in the city offered for short-term rental by the operator. If the operator is a lessee or 292 sublessee, the operator shall provide an attestation that the property owner has granted 293 permission for use of such property as a short-term rental. 294 295 296 297 298 3. The effective date of paragraph 1 of this ordinance is October 1, 2024. 299 300 4. The effective date of paragraph 2 of this ordinance is July 1 , 2024. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of , 2024. APPROVED AS TO CONTENT: APPROV D AS TO LEGAL SU CIEN Y: C mmissi n r f the Revenue it ttorney's Office CA16530 R-3 June 11, 2024 ,.�,Hu°E+c• rS N b r� Ap CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Adopt a Revised Policy for Remote Participation by Councilmembers in Council Meetings MEETING DATE: June 18, 2024 ■ Background: In March 2020, the City Council adopted a Policy for Remote Participation by Councilmembers in Council Meetings ("Policy"), as authorized by the Virginia Freedom of Information Act ("FOIX), and the Council adopted a revised version of the policy in June 2021 . The Policy enables one or more councilmembers to participate from a remote location in City Council meetings, so long as a quorum of the Council is physically assembled at the meeting location. The policy currently authorizes a member to participate in the meeting from a remote location if: (1) the member is unable to attend the meeting due to a temporary or permanent disability or other medical condition that prevents the member's physical attendance or due to a family member's medical condition that requires the member to provide care for such family member, thereby preventing the member's in-person attendance ("medical reason"); or (2) the member is unable to attend due to a personal matter, and the member identifies with specificity the nature of the personal matter ("personal reason"). ■ Considerations: Earlier this year, the FOIA was amended, effective July 1, 2024, with respect to remote participation in two ways: (1) adding a provision for remote participation by a member who is a "caregiver" for a person with a disability as defined by Virginia Code § 51 .5-40.1; and (2) adding a requirement that public bodies adopt (or re- adopt) the policy at least once annually. If a member is a caregiver, and the member must provide care for the person with the disability at the time the public meeting is held, the revised law provides that the member could be counted toward the quorum as if the member was physically present, but the member would be considered absent from any portion of the meeting during which visual communication with the member is voluntarily disconnected or otherwise fails or during which audio communication involuntarily fails. This resolution would adopt a revised Policy with those changes, effective July 1, 2024. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Resolution and Revised Policy Recommended Action: Approval Submitting Department: City Attorney City Manager: 1 AN ORDINANCE ADOPTING A REVISED POLICY FOR 2 REMOTE PARTICIPATION BY COUNCILMEMBERS IN 3 COUNCIL MEETINGS 4 5 WHEREAS, in March 2020, the City Council adopted a Policy for Remote 6 Participation by Councilmembers in Council Meetings ("Policy"), as authorized by the 7 Virginia Freedom of Information Act ("FOIA"), and the Council adopted a revised version 8 of the policy in June 2021, 9 10 WHEREAS, the Policy enables one or more councilmembers to participate from a 11 remote location in City Council meetings, so long as a quorum of the Council is physically 12 assembled at the meeting location, if: (1) the member is unable to attend the meeting 13 due to a temporary or permanent disability or other medical condition that prevents the 14 member's physical attendance or due to a family member's medical condition that 15 requires the member to provide care for such family member, thereby preventing the 16 member's in-person attendance ("medical reason"): or (2) the member is unable to 17 attend due to a personal matter, and the member identifies with specificity the nature of 18 the personal matter ("personal reason")-, 19 20 WHEREAS, earlier this year, the FO►A was amended, effective July 1, 2024, with 21 respect to remote participation in two ways: (1) adding a provision for remote 22 participation by a member who is a "caregiver" for a person with a disability as defined 23 by Virginia Code § 51.5-40.1; and (2) adding a requirement that public bodies adopt (or 24 re-adopt) the policy at least once annually; and 25 26 WHEREAS, the attached revised Policy includes those two changes in order to 27 make the Policy consistent with the change in law, effective July 1, 2024; 28 29 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 30 OF VIRGINIA BEACH, VIRGINIA, THAT: 31 32 The City Council hereby adopts the attached revised policy, effective July 1, 2024. 33 Adopted by the City Council of the City of Virginia Beach, Virginia on the day of 2024. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA 16539 R-1 June 4, 2024 G1Nlp'BEAC J�Q`Qq!as�"�3r��G UY 1,..,�R OVR M'fOY oo City Council Policy Title: Policy for Remote Participation by Councilmembers in Council Meetings Date of Initial Adoption:March 31,2020 Dates of Revision:June 15,2021 Page 1 of 2 Effective Date of this Revision:July 1,2024 1.0 Purpose and Need The purpose of this policy is to enable members of the City Council to participate in City Council meetings remotely, by electronic communication means, in accordance with the Virginia Freedom of Information Act. 2.0 Policy It is the policy of the Virginia Beach City Council that individual members of the Council may participate in Council meetings by electronic means as permitted by Virginia Code § 2.2-3708.2-3 or its successor provision. This policy shall apply to the entire membership and without regard to the identity of the member requesting remote participation or the matters that will be considered or voted on at the meeting. 2.1 The Request and Eligibility Criteria Whenever an individual member wishes to participate from a remote location, the member shall notify the Chair and the appropriate City staff member on or preferably before the day of the meeting that (1) the member is unable to attend the meeting due to a temporary or permanent disability or other medical condition that prevents the member's physical attendance or due to a family member's medical condition that requires the member to provide care for such family member, thereby preventing the member's physical attendance ("medical reason"); (2) the member is a "caregiver,"which means as an adult who provides care for a person with a disability as defined in Virginia Code&51.5-40.1 and is related by blood marriage or adoption to or the legally appointed guardian of, the person with a disability for whom the member is caring and the member must provide care for the person with a disability at the time the public meeting is being held thereby preventing the member's physical attendance: or (3) the member is unable to attend due to a personal matter and the member identifies with specificity the nature of the personal matter ("personal reason"). Participation for a personal reason is limited to two meetings per calendar year or 25% of the meetings held per calendar year, rounded up to the next whole number, whichever is greater. For purposes of determining whether a quorum is physically assembled an individual member of a public body who is a person with a disability as defined in Virginia Code § 51 5-40 1 or a caregiver as defined above and uses remote participation counts toward the quorum as if the individual was physically present. When audio-visual technology is available a member of a public body shall, for purposes of a quorum, be considered absent from any portion of the meeting during which visual communication with the member is voluntarily disconnected or otherwise fails or during which audio communication involuntarily fails. Title: Policy for Remote Participation by Councilmembers in Council Meetings Date of Initial Adoption:March 31,2020 Dates of Revision: June 15,2021 Page 2 of 2 Effective Date of this Revision:July 1,2024 2.2 Quorum and Minutes Requirements A quorum of the Council must be physically assembled at the primary meeting location to enable remote participation by a member, and arrangements must be made for the voice of the remote participant to be heard by all persons at the primary meeting location. The reason that the member is unable to attend the meeting and the remote location from which the member participates shall be recorded in the meeting minutes. If the reason for the remote participation is a medical reason, the minutes shall include a statement to that a temporary or permanent disability or other medical condition prevented the member's physical attendance at the primary meeting location or that a family member's medical condition required the member to provide care for such family member, thereby preventing the member's physical attendance. The minutes do not need to include the specific disability or medical condition or, if applicable, the identity of the family member. If instead the member is unable to attend due to a personal reason, the minutes must include the specific nature of the personal matter. 2.3 Challenges If a member's proposed participation from a remote location is challenged by another member as being inconsistent with this policy, then the Council shall vote on whether to allow such participation. If the Council votes to disapprove the member's remote participation because such participation would violate this policy, such disapproval shall be recorded in the minutes with specificity. 2.4 Annual Readoption This policy must be adopted or readopted at least once annually. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Re-Adopt Procedures for the Selection, Evaluation, and Award of Design-Build and Construction Management Contracts MEETING DATE: June 18, 2024 ■ Background: On November 1, 2001 , the City Council approved a resolution adopting procedures for the design-build and construction management delivery methods. In 2012, the City Council re-adopted design-build and construction management delivery procedures to align the City's processes with the procedures applicable to state agencies. These procedures were subsequently updated in 2022 to assist in the project delivery of the large Flood Protection Program projects. ■ Considerations: The General Assembly recently adopted, and the Governor signed, amendments to the local authority to undertake design-build and construction management procurement procedures. The two identical pieces of legislation are 2024 Acts of Assembly chapters 469 and 490. The attached resolution makes three changes to the relevant procedures. First, there is additional review prior to undertaking procurement by a method other than design-bid- build. This additional text is found on lines 32-36 and lines 210-14. Second, design-build or construction management experience can no longer be a prerequisite or factor in evaluating offerors. This additional text is found on lines 81-84 and lines 243-46. Third, there is additional information disclosure to assist subcontractors in accessing subcontracting opportunities. This additional text is found on lines 154-57 and 283-86. These changes are necessary for the City to continue to use design-build and construction management project delivery. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Recommendation: Approve the attached resolution. ■ Attachment: Resolution Recommended Action: Approval Submitting Department/Agency: Purchasing Division of the Department of Finance City Manager: 1 A RESOLUTION TO RE-ADOPT PROCEDURES FOR THE 2 SELECTION, EVALUATION, AND AWARD OF DESIGN- 3 BUILD AND CONSTRUCTION MANAGEMENT CONTRACTS 4 5 WHEREAS, pursuant to Code of Virginia ("Virginia Code")§2.2-4382, a locality may 6 employ design-build or construction management as delivery methods consistent with the 7 procedures established by the Department of General Services for construction projects on 8 a fixed price or not-to-exceed price; and 9 10 WHEREAS, the City of Virginia Beach ("City") desires to replace the 2022 resolution 11 providing the procedures for the use of design-build or construction management contracts 12 when beneficial to the City to align with updates to applicable sections of the Virginia Code. 13 14 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA: 16 17 1. Design-build contract procurement method shall be a two-step competitive 18 negotiation process. The following procedures shall govern the selection, evaluation and 19 award of design-build contracts: 20 21 a. Criteria for use: Design-build contracts are intended to minimize the project risk for 22 the owner and reduce the delivery schedule by overlapping the design phase and the 23 construction phase of a project. 24 25 b. Approval for use: Prior to taking any action to pursue a design-build project, the 26 requesting department or agency shall receive the approval of the Purchasing Agent to 27 use the design-build procurement delivery method. 28 29 c. Basis of award: The award of a design-build contract shall be based on either: 1)an 30 acceptable technical proposal at the lowest fixed price, or 2)a best value determination 31 by weighted scoring of the technical proposal and the financial proposal. Cost shall be a 32 critical component of the selection process. Prior to use of best value as the basis for 33 award, the Purchasing Agent must determine that the design-bid-build project delivery 34 method is not practicable or fiscally advantageous, and such writing shall document the 35 basis for the determination to utilize best value for award including the determination of 36 the project's complexity. 37 38 d. Evaluation Committee: The City shall establish an Evaluation Committee 39 ("Committee") to be responsible for evaluating the qualifications of potential offerors of 40 design-build and reviewing proposals submitted for such services. This Committee shall 41 consist of a minimum of four (4) and a maximum of six (6) voting members. The 42 members of the Committee shall have expertise relevant to the project, with 43 backgrounds in such areas as project design, construction,finance, contract review, and 44 project management. The Committee shall be chaired by a licensed engineer or 45 architect. The membership of the Committee shall be determined by the City Engineer 46 or his designee. i 47 48 e. Selection of Qualified Offerors (Step 1) — Request for Qualifications (RFQ) 49 50 i.The City shall publish notice of its RFQ at least thirty(30)days prior to the date set 51 for receipt of qualifications by posting in the Purchasing Agent's office, distributing to 52 relevant trade group using the applicable SWaM database, and in a local newspaper 53 of general circulation in the City so as to provide reasonable notice to the maximum 54 number of offerors that can be reasonably anticipated to submit qualifications in 55 response to the particular request. Additionally, qualifications may be solicited 56 directly from vendors. If practicable, the notice also shall be published in 57 appropriate national trade publications. 58 59 ii.The RFQ shall provide a description of the project, the services required by the City, 60 any unique capabilities to be required of the offeror, and the criteria to be used in 61 evaluating the potential offeror's qualifications. The RFQ shall request of potential 62 offerors only such information as is appropriate for an objective evaluation of all 63 offerors pursuant to such criteria. The RFQ shall establish procedures whereby 64 comments concerning provisions in the RFQ can be received and considered prior 65 to the time set for receipt of qualifications. All offerors shall have a licensed Class 66 "A" contractor and an Architect or Engineer registered in the Commonwealth of 67 Virginia as part of the offeror's team. 68 69 iii.The Committee shall evaluate each responding offeror's qualifications submittal and 70 any other relevant information and shall determine which offerors are fully qualified 71 and suitable for the project. 72 73 iv.The RFQ evaluation shall result in a short list of three to five offerors to receive the 74 RFP. If available, the short list shall include a minimum of one DSBSD-Certified 75 Small Business that meets the minimum requirements for prequalification. An 76 offeror may be denied prequalification only as specified in Virginia Code§2.2-4317, 77 but the short list shall also be based upon the RFQ criteria. 78 79 v.The RFQ evaluation process shall evaluate an offeror's experience for a period of 80 ten prior years to determine whether the offeror has constructed, by any method of 81 project delivery, at least three projects similar in program and size. Prior design- 82 build experience shall not be considered as a prerequisite or factor considered for 83 prequalification. However, the RFQ evaluation process may consider the 84 experience of an offeror on comparable design-build projects. 85 86 vi. At least thirty (30) days prior to the date established for the submission of 87 proposals, the City shall advise each offeror in writing as to whether that offeror has 88 been prequalified. If an offeror is denied prequalification, the written notice shall 89 state the reasons for the denial of prequalification and the factual basis for such 90 reasons. Prequalified offerors that are not selected for the short list likewise shall be 91 provided the reasons for such decision. 92 2 93 f. Selection of the Design-Build Contractor (Step II): 94 95 i.The City shall prepare a Request for Proposal ("RFP") that includes: 1) the 96 instructions for submitting the proposal, the criteria for evaluation, and the terms and 97 conditions of the design-build contract; 2) a narrative description of the project 98 requirements; 3)general conditions and technical specifications; and 4)facility and 99 site plans as appropriate for the project. The RFP also may define such other 100 requirements as the City determines appropriate for a particular project. The RFP 101 shall include procedures whereby comments concerning specifications or other 102 provisions contained in the RFP can be received and considered prior to the time 103 set for receipt of proposals. 104 105 ii.The City shall send a RFP to the qualified design-build offerors on the short list for 106 the project and request formal proposals from them. Offerors will have at least thirty 107 (30)days to submit a proposal. Separately sealed technical and financial proposals 108 shall be submitted to the Purchasing Agent. The Purchasing Agent will provide the 109 technical proposals to the Committee and retain the financial proposals until the 110 technical review is complete. 111 112 iii.Upon receipt, the proposals shall be reviewed by the SWaM office to ensure 113 compliance with the applicable SWaM requirements. If the City is undertaking 114 Progressive Design-Build, this review occurs at the proposal submission but is 115 subject to review and update prior to the agreement upon a guaranteed maximum 116 price. 117 118 iv.The Committee shall evaluate each of the technical proposals based on criteria 119 established in the RFP. As a part of the evaluation process, the Committee may 120 grant each of the offerors an equal opportunity for direct and private communication 121 with the committee. Each offeror shall be allotted the same fixed amount of time. In 122 its conversations with offerors, the Committee shall exercise care to discuss the 123 same owner information with all offerors. In addition, the Committee shall not 124 disclose any trade secret or proprietary information for which the offeror has invoked 125 protection in accordance with the procedure set forth in Virginia Code § 2.2-4342. 126 127 v.The Committee will inform each offeror of any adjustments necessary to make its 128 technical proposal fully compliant with the requirements of the RFP. In addition, the 129 City may require that offerors make design adjustments necessary to incorporate 130 project improvements and/or additional detail information identified by the 131 Committee. 132 133 vi.Based on the adjustments made to the technical proposals, the offeror may amend 134 its financial proposal. In addition, an offeror may submit cost modifications to its 135 original sealed financial proposal which are not based upon revisions to the 136 technical proposal. 137 3 138 vii.The Committee shall evaluate and rank the technical proposals if technical rankings 139 are to be considered as a criterion for award. Should the City determine in writing 140 and in its sole discretion that only one offeror is fully qualified, or that one offeror is 141 clearly more highly qualified than the others under consideration, a contract may be 142 negotiated and awarded to that offeror after approval of the Purchasing Agent. 143 Otherwise, the Purchasing Agent shall open the financial proposals and apply the 144 criteria for award as specified in the RFP. 145 146 viii.The Committee shall make its recommendation for the selection of a design builder 147 to the Purchasing Agent based on its evaluations of the technical and financial 148 proposals. The contract shall be awarded to the offeror who is fully qualified and 149 has been determined to have provided the best value in response to the RFP. 150 151 ix.The Committee will notify all offerors who submitted proposals which offeror was 152 selected for the project. The Notice of Intent to Award may be used to make this 153 notification. When the terms and conditions of multiple awards are so provided in 154 the RFP, awards may be made to more than one offeror. Such Notice of Intent to 155 Award shall also include information for subcontractors pertaining to when and 156 where the awarded offeror plans to advertise bid packages for subcontracting 157 opportunities. 158 159 x.Upon request and in accordance with Virginia Code § 2.2-4342, documentation of 160 the process used for the final selection shall be made available to the unsuccessful 161 proposers. 162 163 g. Alternative Procedure for Progressive Design-Build 164 165 i.Upon a written determination by the Purchasing Agent that certain compensable 166 design work is necessary to deliver a final guaranteed maximum price, the City 167 may include in the RFP the ability to undertake Progressive Design-Build. 168 169 ii.The review of proposals for Progressive Design-Build shall be the same as 170 described above. However, after the City's determination to award, the execution 171 of a contract may include compensable design work. 172 173 iii.The design collaboration shall include representatives of the City and the Design- 174 Builder advancing the design of the project beyond the design included in the 175 RFP. The goal of such design collaboration is to reduce contingencies and bridge 176 any design discrepancies. At the end of the design collaboration, the Design- 177 Builder shall present the City with a guaranteed maximum price. At the 178 submission of the guaranteed maximum price, the Design-Builder may update the 179 applicable SWaM plan(s)to reflect the advanced design. The City shall have the 180 sole option to agree to the guaranteed maximum price or abandon the design- 181 build contract. If the City elects to abandon the design-build contract, the Design- 182 Builder shall be fully compensated for the services provided in advancing the 183 design of the project provided the acceptance of such payment shall require the 4 184 Design-Builder transferring to the City the right to use technical solutions, design 185 concepts, and any other work product developed during the design collaboration. 186 187 h. Proposal Compensation (Stipend): For designated Design-Build procurement 188 efforts, short-listed firms that are not selected but have fully complied with all aspects 189 of the RFQ and RFP may be provided proposal compensation(stipend)under certain 190 circumstances. The value of the proposal compensation will be determined on a 191 case-by-case basis and shall be conditioned upon the offeror conveying to the City 192 the right to use technical solutions or design concepts in the proposal. City Council 193 approval, either by direct action or in the relevant project page of the Capital 194 Improvement Program, shall be required forthe provision of Proposal Compensation. 195 196 2. Construction Management(CM) procurement method shall be a two-step competitive 197 negotiation process. The following procedures shall govern the selection, evaluation and 198 award of CM contracts: 199 200 a. Criteria for use of Construction Management: CM contracts may be approved for 201 use on projects where: 1) fast tracking of construction is needed to meet City program 202 requirements, or 2) value engineering and/or constructability analyses concurrent with 203 design are required. 204 205 b. Approval for use: Prior to taking any action to pursue a CM project, the requesting 206 department or agencies shall request the approval of the Purchasing Agent to use a CM 207 contract. 208 209 c. Basis of award: The basis of the award of the contract shall be in accordance with 210 competitive negotiation for nonprofessional services, and the criteria for the award shall 211 be submitted to the Purchasing Agent, in advance, for approval. Cost is a critical 212 component of the selection process. Prior to use of best value as the basis for award, 213 the Purchasing Agent must determine that the design-bid-build project delivery method 214 is not practicable or fiscally advantageous, and such writing shall document the basis for 215 the determination to utilize best value for award including the determination of the 216 project's complexity. 217 218 d. Evaluation Committee: The City shall establish an Evaluation Committee 219 ("Committee") to be responsible for evaluating the qualifications of potential offerors of 220 CM and reviewing proposals submitted for such services. This Committee shall consist 221 of a minimum of four (4) and a maximum of six (6) voting members. The members of 222 the Committee shall have expertise relevant to the project, with backgrounds in such 223 areas as project design, construction,finance, contract review, and project management. 224 The Committee shall be chaired by a licensed engineer or architect. The membership 225 of the Committee shall be determined by the City Engineer or his designee. 226 227 e. Selection of Qualified Offerors(Step 1)—Request for Qualifications(RFQ): The City 228 shall conduct a prequalification process as follows to determine which offerors are 229 qualified to receive the Request for Proposal (RFP). 5 230 231 i. The City shall prepare a RFQ containing the City's facility requirements, building 232 and site criteria, site and survey data (if available), the criteria to be used to evaluate 233 RFQ responses, and other relevant information, including any unique capabilities or 234 qualifications that will be required of the contractor. All offerors shall have a 235 licensed Class "A" contractor registered in the Commonwealth of Virginia as part of 236 the Project team. 237 238 ii. The RFQ shall be posted in accordance with the current standards for the posting 239 of public invitations to bids in the Virginia Code and the relevant sections of the City 240 Code. 241 242 iii. The Committee shall evaluate each responding firm's RFQ response and any 243 other relevant information and shall determine those deemed qualified with respect 244 to the criteria established for the project. Prior construction management experience 245 shall not be considered as a prerequisite or factor considered for prequalification. 246 However, the RFQ evaluation process may consider the experience of an offeror on 247 comparable construction management projects. 248 249 iv. The RFQ evaluation process shall result in a short list of two to five offerors to 250 receive the RFP. An offeror may be denied prequalification only as specified under 251 the Code of Virginia §2.2-4317, but the short list also shall be based upon the RFQ 252 criteria. 253 254 v. At least thirty (30) days prior to the date established for the submission of 255 proposals, the City shall advise each offeror in writing as to whether that offeror has 256 been prequalified. If an offeror is denied prequalification, the written notice shall 257 state the reasons for the denial of prequalification and the factual basis for such 258 reasons. Prequalified offerors that are not selected for the short list shall likewise be 259 provided the reasons for such decision. 260 261 f. Selection of a Construction Manager (Step II) — Request for Proposals (RFP): 262 263 i. The City shall send a RFP to the qualified offerors on the short list and request 264 submission of formal proposals from them. The criteria for award shall be included 265 in the RFP. 266 267 ii. Proposals as described in the RFP shall be submitted to the Purchasing Agent. 268 269 iii. The Committee will evaluate and rank the proposals. After evaluation and 270 ranking of the proposals, the Committee shall conduct negotiations with two or more 271 offerors submitting the highest ranked proposals, unless the City determines that 272 only one offeror is full qualified or that one offeror is clearly more highly qualified 273 than the others under consideration, in which case a contract may be negotiated 274 and awarded to that offeror. 275 6 276 iv. The Committee shall make its recommendation on the selection of a construction 277 manager to the Purchasing Agent based on its evaluation and negotiations. The 278 contract shall be awarded to the offeror that is fully qualified and has been 279 determined to have provided the best value in response to the RFP. 280 281 v. The Committee will notify all offerors that submitted proposals which offeror was 282 selected for the project. The Notice of Intent to Award may be used to make this 283 notification. When the terms and conditions of multiple awards are so provided in 284 the RFP, awards may be made to more than one offeror. Such Notice of Intent to 285 Award shall also include information for subcontractors pertaining to when and 286 where the awarded offeror plans to advertise bid packages for subcontracting 287 opportunities. 288 289 vi. Upon request, documentation of the process used for the final selection shall be 290 made available to the unsuccessful proposers. 291 292 g. Required CM Contract Terms: Any Guaranteed Maximum Price construction 293 management contract entered into by the City will contain provisions requiring that (1) 294 not more than 10% of the construction work (measured by cost of the work) will be 295 performed by the CM with its own forces and (2)that the remaining 90% (or more)of the 296 construction work will be performed by subcontractors of the CM which the CM must 297 procure by publicly advertised, competitive sealed bidding to the maximum extent 298 practicable. Additionally, the subcontracting shall comply with the City's SWAM-certified 299 small business enhancement program. Documentation shall be placed in the file 300 detailing the reasons any work is not procured by publicly advertised competitive sealed 301 bidding. The Purchasing Agent may modify these contractual requirements in whole or 302 in part for projects after making a written determination that it would be fiscally 303 advantageous to the public to increase the amount of construction work performed by 304 the Construction Manager. 305 306 h. Guaranteed Maximum Price (GMP): The GMP shall be established at the 307 completion of the working drawings unless a waiver has been granted by the Purchasing 308 Agent. 309 310 i. One-Step Solicitation: The Purchasing Agent may approve a one-step solicitation 311 for a project if adequate written justification is provided. 312 313 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 314 , 2024. APPROVED AS TO CONTENT: APPR VED AS TO LEGAL SUFFICIENCY: Ae,.zq - Finance/ urchasing Attorney's Office CA16537 / R-1 /June 7, 2024 r AA `, i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a 5' City-owned drainage and utility easement, located on 2116 W. Admiral Drive MEETING DATE: June 18, 2024 ■ Background: James W. E. Sadler (the "Applicant") has requested permission to construct and maintain a boat lift, a vinyl bulkhead, and an existing wood bulkhead in a City- owned 5' drainage and utility easement (collectively, the "Temporary Encroachment") located on the Applicant's property at 2116 W. Admiral Drive (GPI N: 1499-69-8767). ■ Considerations: City staff reviewed the Temporary Encroachment and have recommended approval of same, subject to certain conditions outlined in the Agreement. A previous encroachment for the existing boatlift was approved on November 25, 1997, as ORD-97-2462P. ■ Public Information: Public notice will be provided via the normal City Council agenda process. ■ Alternatives: Deny the Temporary Encroachment or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Exhibit, Agreement, Pictures, Location Map, and Disclosure Statement Form. Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager: 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO A 5 5' CITY-OWNED DRAINAGE AND UTILITY 6 EASEMENT, LOCATED ON 2116 W. 7 ADMIRAL DRIVE 8 9 WHEREAS, James W. E. Sadler(the"Applicant")has requested permission 10 to construct and maintain a 18' x 18' boat lift, a 1.98' x 6.72' x 5' vinyl bulkhead and a 2.03' 11 x 6.22' x 5' vinyl bulkhead, and to maintain an existing 5' wood bulkhead within a City- 12 owned 5' drainage and utility easement (collectively, the "Temporary Encroachment") 13 located on the Applicant's property at 2116 W. Admiral Drive (GPIN: 1499-69-8767); and 14 15 WHEREAS, a previous encroachment for the existing boatlift was approved 16 on November 25, 1997 as ORD-97-2462P; and 17 18 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 19 2107, Code of Virginia, 1950, as amended,to authorize the temporary encroachment upon 20 the City-owned easement subject to such terms and conditions as Council may prescribe. 21 22 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 26 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Applicant, his heirs,assigns 27 and successors in title are authorized to maintain the Temporary Encroachment within the 28 City's easement as shown on the map entitled: "EXHIBIT A ENCROACHMENT EXHIBIT 29 SHOWING PROPOSED BOAT LIFT,VINYL BULKHEAD&EXISTING WOOD BULKHEAD 30 FOR JAMES W. E. SADLER LOCATED ON LOT 116, AMENDED SUBDIVISION OF 31 CAPE HENRY SHORES, SECTION TWO M.B. 64, PG. 2 GPIN: 1499-69-8767 CITY OF 32 VIRGINIA BEACH, VIRGINIA," Scale: 1" = 30', dated May 22, 2023, prepared by Gallup 33 Surveyors & Engineers, a copy of which is attached hereto as Exhibit A, on file in the 34 Department of Public Works and to which reference is made for a more particular 35 description; 36 37 BE IT FURTHER ORDAINED,that the Temporary Encroachment is expressly 38 subject to those terms, conditions and criteria contained in the agreement between the City 39 of Virginia Beach and the Applicant (the "Agreement"), an unexecuted copy of which has 40 been presented to the Council in its agenda, and will be recorded among the records of the 41 Clerk's Office of the Circuit Court of the City of Virginia Beach; 42 43 BE IT FURTHER ORDAINED, that the City Manager or his authorized 44 designee is hereby authorized to execute the Agreement; and 45 46 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 47 such time as the Applicant and the City Manager or his authorized designee execute the 48 Agreement. 49 50 Adopted by the Council of the City of Virginia Beach, Virginia, on the 51 day of , 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: C B IC WOR S/ REAL ESTATE A. H Mf TER SENIOR CITY ATTORNEY CA16083 R-2 Prepared: 12/8/2023 Uvbgov.comldfslla ppl i cationslc itylawlcycom321wpdocsld0081p054100931357.doc CANAL OF CREEK FLOOD I 0 1 2 LOT 86 LOT 85 LOT 87 EBB M.B.64, PG. 2 M.B. 64, PG.2 M.B.64, PG.2 S 14'39'00" E 105.68' — MLW=MHW ALONG SEE SHEET 2` EX. BULKHEAD — SEE SHEET 3 - - — — REMOVE EX*PILE 1 1 1 ��pN --*Now ?3 BULKHEAD IX. WOOD SEE SHEET 3 M.B 64, pG 2 C I `� 0 REMNN o N ed 41 ( ��m: LOT 115 tt��_� CD I r— O Z U' M.B.64, PG. 2 LOT 116 f g� I D.B. 2990, PG. 653 � � I I �4tALT11 wOlp N ( I o N I N LOT 117 v DA UTLER r ` I c M.B. 64, PG. 2 c.No.38395 z00 I ANAL E I I 481.49' TO SEE SHEET 4 FOR I FIRST LANDING LN CURVE TABLE 457.06' TO HESTON_RD cl ---- PIN (F) W ADMIRAL DRIVE (50' R/Wj PIN (F) -- FORMERLY ADMIRAL DRIVE WEST M.B. 64, PG. 2 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING 0 30 60 PROPOSED BOAT LIFT, VINYL BULKHEAD 8 ! EXISTING WOOD BULKHEAD FOR SEE SHEET 4 FOR NOTES. Revised Date: 3-25-24 JAMES W. E. SADLER LOCATED ON GALLUP LOT 116, AMENDED SUBDIVISION OF SURVEYORS&ENGINEERS CAPE HENRY SHORES, SECTION TWO 323 FIRST COLONIAL ROAD M.B. 64, PG. 2 GPIN: 1499-69-8767 VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH,VIRGINIA (757)428-8132(757)425-2390 FAX Scale: Ff:30' Date: MAY 22, 2023 Sheet: 1 of 4 W.AS.der,)..w2116 W.Ad,-iM OiN Y)w.A gg22-22 Emrwdwuwddww V412W 11344M AK DWG To FOFyc&1:1 CANAL OF LONG CREEK Q FLOOD LOT 86 LOT 87 EBB M.B. 64, PG. 2 M.B.64, PG.2 S 14'39'00" E 105.68' REMOVE 20.16' 5.00' 6.00' SAC 69.51' EX. PILE LOT 115 - - - - - - -I f _ - - - - - — M.B. 64, PG. 2 o 0 0 0 "' "' 'n U-) REMOVE o ( EX. PILES 04 I —'`--PROPOSED 18'x18'BOAT LIFT SEE SHEET 3 I O--O O—p PROPOSED VINYL EX. BULKHFJD w�a"' N BULKHEAD T REMAIN o 5 W Z N CJ W O 4'p Gr Al' 64, ` o W L P U 2 wit DA UTLER c c.No. 38395 �2 EXHIBIT A SjONAL �� ENCROACHMENT EXHIBIT SHOWING PROPOSED BOAT LIFT, VINYL BULKHEAD ° 1Q 20 & EXISTING WOOD BULKHEAD FOR Revised Date: 3-25-24 JAMES W. E. SADLER LOCATED ON GALLUP LOT 116, AMENDED SUBDIVISION OF SURVEYORS& ENGINEERS CAPE HENRY SHORES, SECTION TWO 323 FIRST COLONIAL ROAD M.B.64, PG. 2 GPIN: 1499-69-8767 VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH,VIRGINIA (757)428-8132(757)425-2390 FAX Scale: 1"=1-0 Date: MAY--- 2023 Sheet:2 of 4 W:Wder.JMCS-2116 W.Admiral t ri-\DF—ing V2-22 Wmaai dwg,3/2 512 024 1 1,44.'03 AK DWG To PDi.pc3,1:1 N C I 1 PROPOSED VINYL --+ PROPOSED VINYL BULKHEAD of LOT 115 BULKHEAD o M.B.64, PG.2 � I zz 5.00' S. Y 00, m u I N BULKHEAD RETURN PILE TO BE PILE TO BE — — — — — 1 REMOVED REMOVED 1.980 2.ox W EX. WOOD -w BULKHEAD EX. WOOD W r•, ( I BuucHAD 3 LOT 117 u 18 ^v M.B.64, PG.2 N O I Wcd EO to64 64' PG• 2 ��ALTIR o r O� b r u DA - UTLER ` c.No.3839525�� �0 5,2 sy sslONAL>G EXHIBIT A ENCROACHMENT EXHIBIT SHOWING PROPOSED BOAT LIFT, VINYL BULKHEAD 0 5 10 & EXISTING WOOD BULKHEAD FOR Revised Date: 3-25-24 JAMES W. E. SADLER LOCATED ON GALLUP LOT 116,AMENDED SUBDIVISION OF SURVEYORS&ENGINEERS CAPE HENRY SHORES, SECTION TWO 323 FIRST COLONIAL ROAD M.B.64, PG.2 GPIN: 1499-69-8767 VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH,VIRGINIA (757)428-8132(757)425.2390 FAX Scale: 1"=5' Date: MAY 22,2023 Sheet: 3 of 4 W.W oler,1-2 116 W.Mmkd Drimw\Dr&%*Vz 22d2 EnvWdreenLAq 3f2V202411:4403 µ1,OM To►DF.pc3.1:1 OWNER TABLE LEGAL INSTRUMENT GPIN j -�—__ KEY OWNER INSTRUMENT QANITA W.GREGORY& 20130805000915440 LOT 117,CAPE HENRY M.B.64,PG.2 149M9-8698 GERALD W.GREGORY,JR SHORES,SECTION 2 LOT 85,CAPE HENRY SHORES, Q KRYSTEN REID 20200511000402020 SECTION 2 j M.B.64,PG.2 14W79.0765 DAVID A.SCHROY& LOT 86,CAPE HENRY SHORES, BEVERLEY A.SCHROY 20090122000056970 SECTION 2 M.B.64,PG.2 1499.79-0834 ® EMMA K.HART 20180705000544730 LOT 87,CAPE HENRY SHORES,SECTION 2 M.B.64,PG.2 1499-79-0922 ® CARTER J.MAVROMATIS 202103023143 LOT 1 CAPE HENRY SHOR E ES,SECTION 2 M.B.64,PG.2 11499-69-8836 CURVE TABLE CURVE DELTA RADIUS LENGTH TANGENT CHD BEARING CHORD Cl 06'42'15' 735.00' 86.00' 43.05' N 10'18'40" W 85.95' 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: STEPHEN I. BOONE & ASSOCIATES, P.C. DATED: 9-24-19 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR VERIFICATION OF RESTICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. � LTBO�yr Gl O u DA UTLER Y c.No.38395 `S G EXHIBIT A `sIONAL >G� " ENCROACHMENT EXHIBIT SHOWING PROPOSED BOAT LIFT, VINYL BULKHEAD & EXISTING WOOD BULKHEAD FOR Revised Date: 3-26-24 JAMES W. E. SADLER LOCATED ON GALLUP LOT 116, AMENDED SUBDIVISION OF SURVEYORS&ENGINEERS CAPE HENRY SHORES, SECTION TWO 323 FIRST COLONIAL ROAD M.B. 64, PG. 2 GPIN: 1499-69-8767 VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH,VIRGINIA (757)428-8132(757)425-2390 FAX Scale:NA Date: MAY 22,2023 Stleet:4 of 4 "AS"W-bN*"116 W."T*W Drf"\0fV dnP%U-22 EnvoacAr,entAwq 3/M/2021 11:41D3 AK DWG To PnF.pc3.1:1 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE(BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this day of , 20�, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and JAMES W. E. SADLER, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee". WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "116" as shown on that certain plat entitled: "AMENDED SUBDIVISION OF CAPE HENRY SHORES SECTION TWO LYNNHAVEN BOROUGH — VIRGINIA BEACH VIRGINIA," Scale: 1" = 100', dated August 31, 1964, prepared by Frank D Tarrall Jr. & Associates, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 64, at page 2, and being further designated, known, and described as 2116 W. Admiral Drive, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain a 18' x 18' boat lift, a 1.98' x 6.72' x 5' vinyl bulkhead and a 2.03' x 6.22' x 5' vinyl bulkhead, and to maintain an existing 5' wood bulkhead, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a 5' City-owned drainage and utility easement, the "Encroachment Area"; and GPIN: 5' CITY-OWNED DRAINAGE AND UTILITY EASEMENT (NO GPIN ASSIGNED) 1499-69-8767 (2116 W. ADMIRAL DRIVE) WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT EXHIBIT SHOWING PROPOSED BOAT LIFT, VINYL BULKHEAD & EXISTING WOOD BULKHEAD FOR JAMES W. E. SADLER LOCATED ON LOT 116, AMENDED SUBDIVISION OF CAPE HENRY SHORES, SECTION TWO M.B. 64, PG. 2 GPIN: 1499-69-8767 CITY OF VIRGINIA BEACH, VIRGINIA," Scale: 1" = 30', dated May 22, 2023, prepared by Gallup Surveyors & Engineers, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. 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. 2 It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood that any existing encroachments referenced in the attached Exhibit or in this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. 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. 3 The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, JAMES W. E. SADLER, the said Grantee, has caused this Agreement to be executed by his signature. Further, that the City of Virginia 4 Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By: (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. Notary Public (SEAL) Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this _ day of _, 20_, by _ _ _ CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. _ (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 JAMES_WE. SADLER STATE OF l CITY/COUNTY OF tvs" Io-wit: The foregoing instrument was acknowledged b fore me this day of 0ju 20 1)1j y James W. E. Sadler. C ary ublic AL) iSC,q 9 � Notary Registration Number: �� ! �p� k �O } My Commission Expires: O •,,�c �,.a�` APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM e P B IC WO ORS / REAL ESTATE 44A MEYER SENIOR CITY ATTORNEY 7 CANAL OF LONG CREEK I Q Q Q3 FLOOD LOT 86 LOT 85 LOT 87 EBB M.B.64, PG. 2 M.B. 64, PG. 2 M.B. 64, PG.2 S 14 39'00" E 105.68' MLW=MHW ALONG S SHEET 2` I EX. BULKHEAD SEE SHEET 3 — _ REalovE EX.PILE N EX. .w� SEE SHEET 31 - � B, 64, PG. TO REM z AIN Q I W LD m. LOT ii5 � � W � 1 ^o � _ c M.B.64, PG. 2 � I LOT 116 D.B. 2990, PG. 653 ; 13 CR- LO �g,ALT$p� W � 1 N N LOT 117 DA 1 M.B. 64, PG. 2 UTLER o c.No.39395 ZOD I ANAL E I 1 481.49' TO SEE SHEET 4 FOR To FIRST WJDING LN HEST CURVE TABLE 1 ESTO 'N R D p� D cl PIN (F) W ADMIRAL DRIVE (50' R/M PIN (F) FORMERLY ADMIRAL DRIVE WEST M.B. 64, PG. 2 EXHIBIT A ENCROACHMENT EXHIBIT SHOWING 0 30 60 PROPOSED BOAT LIFT, VINYL BULKHEAD & EXISTING WOOD BULKHEAD FOR SEE SHEET 4 FOR NOTES. Revised Date: 3-25-24 JAMES W. E. SADLER LOCATED ON GALLUP LOT 116, AMENDED SUBDIVISION OF SURVEYORS&ENGINEERS CAPE HENRY SHORES, SECTION TWO 323 FIRST COLONIAL ROAD M.B. 64, PG. 2 GPIN: 149M9-8767 VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH,VIRGINIA (757)428-8132(757)425-2390 FAX Scab: 1"_30' Date: MAY 22,2023 Sheet: 1 of 4 W.\S.dla.Jrn 2116 W.A6mird Driw\Dowi gs122.22 Enaoschftw dwq.!/2S/2D2/11ri1A2 AM.DWG To PDE.yci 1:1 CANAL OF LONG CREEK Q FLOOD LOT 86 LOT 87 EBB M.B. 64, PG.2 M.B. 64, PG. 2 S 14'39'00" E 105.68' REMOVE 20.16' S.00' 6.00' 5.00' 69.51' EX.PILE M.B.64, PG.2 o 0 0 0 I "' to 'r' '� REMOVE o EX. PILES `- PROPOSED 18'x18' BOAT LIFT SEE SHEET 3 I O--fl 0----0 I uj PROPOSED VINYL EX.BULKHEAD W N i BULKHEAD TD REMAIN o N I �-3 ai � co Z W Cr z N caw p 64. W � 2 u DA t UTLER 2 q` c. 0.38�5j �O .r G1� EXHIBIT A `s10NAL�� ENCROACHMENT EXHIBIT SHOWING PROPOSED BOAT LIFT, VINYL BULKHEAD 0 10 20 & EXISTING WOOD BULKHEAD FOR Revised Date: 3-25-24 JAMES W. E. SADLER LOCATED ON GALLUP LOT 116, AMENDED SUBDIVISION OF SURVEYORS&ENGINEERS CAPE HENRY SHORES, SECTION TWO 323 FIRST COLONIAL ROAD M.B.64, PG. 2 GPIN: 1499-69-8767 VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH,VIRGINIA (757)4284132(757)425 2380 FAX fib: 1"=10' Date: MAY 22,2023 Sheet: 2 of 4 M1Sdr, 3/25/202411w4:03 AK DWG To rof.pd.1:1 o _ I cal oo PROPOSED VINYL ►� r I PROPOSED VINYL BULKHEAD c :- LOT 115 BULKHEAD p M.B.64, PG.2 I �� ►� o I i Ir 5.00' 5.00, Y =) mI BULKHEAD N RETURN n cG PILE TO BE PILE TO BE REMOVED REMOVED 2.0,3' I D(. WOOD a Q oco N N I swcHEAD Z � BULKHM 3 LOT 117 uj c' I ^v M.B.64, PG.2 N ►� I ;� N g .11 z I 64 PG InAMB�`! I 2 ! CO ( -- I 64, PG. 2 O G G� O V DAPs UTLER c.No.383952��� `r`rlONAL E EXHIBIT A ENCROACHMENT EXHIBIT SHOWING PROPOSED BOAT LIFT, VINYL BULKHEAD 0 5 �o & EXISTING WOOD BULKHEAD FOR Revised Date: 3-25-24 JAMES W. E. SADLER LOCATED ON GALLUP LOT 116, AMENDED SUBDIVISION OF SURVEYORS& ENGINEERS CAPE HENRY SHORES, SECTION TWO 323 FIRST COLONIAL ROAD M.B. 64, PG. 2 GPIN: 1499-69-8767 VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH,VIRGINIA (757)428-8132(757)425-2390 FAX Scale: 1"=5' Date: MAY 22,2023 Sheet: 3 of 4 W.Wdkr,mm 2116 W.AdmW D*m\DvW%g9 22,22&wowhmwRdwp,U2512MA i l"M AM,DWG To PM.K3,1:1 OWNER TABLE KEY OWNER INSTRUMENT LEGAL INSTRUMENT 6—PIN QANITA W.GREGORY& 20130805000915440 LOT 117,CAPE HENRY M.Q.64,PG.2 1499-69-8698 ' GERALD W.GREGORY,JR. SHORES,SECTION 2 QKRYSTEN REID 20200511000402020 LOT 85,CAPE HENRY SHORES, M.B.64,PG.2 1499-79.0765 _ SECTION 2 DAVID A.SCHROY& 20090122000056970 LOT 86,CAPE HENRY SHORES, BEVERLEYA.SCHR_0_Y SECTION 2 M.B.64,PG.2 1499-79-0834 LOT 87,CAPE HENRY SHORES, Q EMMA K.HART 20180705000544730 SECTION 2 M.B.64,PG.2 1499-79a22 Q CARTER J.MAVROMATIS 202103023143 LOT 115,CAPE HENRY M.B.64,PG.2 1499�9-8836 SHORES,SECTION 2 CURVE TABLE CURVE DELTA RADIUS LENGTH TANGENT CHD BEARING CHORD Cl 06'42'15' 735.00' 86,00' 43.05' N 10'18'40w W 85.95' 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: STEPHEN I, BOONE & ASSOCIATES, P.C. DATED: 9-24-19 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR VERIFICATION OF RESTICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. �t1�ALTH OF r O � u DA UTLER Y c.No.38 395a S. G� EXHIBIT A NAL�� ENCROACHMENT EXHIBIT SHOWING PROPOSED BOAT LIFT, VINYL BULKHEAD & EXISTING WOOD BULKHEAD FOR Revised Date: 3-25-24 JAMES W. E. SADLER LOCATED ON GALLUP LOT 116, AMENDED SUBDIVISION OF SURVEYORS& ENGINEERS CAPE HENRY SHORES, SECTION TWO 323 FIRST COLONIAL ROAD M.B. 64, PG. 2 GPIN: 1499-69-8767 VIRGINIA BEACH,VIRGINIA 23454 CITY OF VIRGINIA BEACH, VIRGINIA (757)428-8132(757)425-2390 FAX Scale: NA Date: MAY 22, 2023 Sheet:4 of 4 W.iSWlx.Ja 2116W.Adm'val 1W-\Drsw gAU-?2t aoWiwientdwW.W5/M411,M93 AK DWG To PDP.pc3,l:t r ' N +� n '✓ I� r • • � rang 1"����,.I�u+.�4 .�'` 3 yj7+, ,I .I � 4 40M^. n r r. .w. 'T ,� 1 ,,p ♦ i e XMW ♦ y IA�mva:.... .. �.. W E s . S 1w A S r +!!MI X � ,�„►��� 10'DRAINAGE AND ; t ITJTY,EASEMENT, SO'DRAINAGE EASEMENT " �9 s DRAINAGE AND` i N UTI"KEASEME NT }},, — q pi i' LOCATION MAP ENCROACHMENT REQUEST FOR JAMES WE SADLER Legend GPIN: 1499-69-8767 1499-69-8767 City Property Feet 0 50 100 200 Prepared by P.W./EngJEng.Support Services Bureau 1=0/2023 X:%CADDTrofecMARC Files NDA AP 11499-69-8767T1499-69-8767 Aenal.mxd r w+E sirsV 10'DRAINAGE AND 60' DRAINAGE EASEMENT UTILITY EASEMENT17 10'DRAINAGE AND �''t - ". UTIUt' EASEMENT ry Jr LOCATION MAP ENCROACHMENT REQUEST Legend �, , FOR JAMES WE SADLER 9 _ ' GPIN: 1499-69-8767 1499-69-8767 City Property ' �. \f Feet Ci Pro a `> 0 50 100 200 Prepared by P.WAng1Eng.Support Servlces Bureau 1212012023 x\CADD rojects%ARC FIIes\AGENDA MAP S11499-89-876T1499-69-8767.mxd Disclosure Statement 1� "-d f i,iro id f Phinning & Community Development The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure /f Applicant Name Does the applicant have a representative? ❑ Yes ff NO • If yes,list the name of the representative. is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑ Yes ❑ NO • if yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) 1"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. '"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09,2020 11 P a g e Disclosure Statement Planning & Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action? ❑ Yes ❑ No • If yes,what is the name of the official or employee and what is the nature of the interest? ........... ..._-. . Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes,identify the financial institutions providing the service. 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes C�io • if yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ No • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? ❑ Yes ❑ NO • If yes,identify the firm and individual providing the service. 5. Is there any other pending or proposed purchaser of the subject property? ❑Yes ❑ NO • If yes,identify the purchaser and purchaser's service providers. Revised 11.09.2020 2 1 p a g e Disclosure Statement Planning &&Community Development 6. Does the applicant have a construction contractor' connection with the subject of the application or any business operating or to be operated on the property? El Yes ld NO • If yes,identify the company and individual providing the service. 7 Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes ❑ No • If yes,identify the firm and individual providing the service. v✓S 8. Is the applicant receiving legal services in Conn ro PPertl+ ion with the subject of the application or any business operating or to be operated on the ? El ElNo • if yes,identify the firm and individual providing the service. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,1 am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. ApplicaMSlgit7lhirc Print Name and Title Date ---— Is the applicant also the owner of the subject property? Yes ❑ No • If yes,you do not need to fill out the owner disclosure statement. •• CITY USE ONLY/ updated applicationsthat pertains to the No dung es as of D•h S1�•tur• Print N•m• Revised 11.09.2020 3 1 P a g e ,. O��NU�y iT CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance (1) Authorizing the Execution of a Cost Participation Agreement with TFJG Canopy, LLC for the Construction of Intersection Improvements at Laskin Road and Winwood Drive and (2) Appropriating $1,000,000 from Fund Balance of the General Fund to Meet the City's Obligations for those Improvements MEETING DATE: June 18, 2024 ■ Background: TFJG Canopy, LLC, a Virginia limited liability company (the "Developer") is in the process of acquiring a 12.41+/- acre parcel located at 1413 Laskin Road in Virginia Beach from the School Board of the City of Virginia Beach. The Developer plans to construct a mixed-use development with office, retail, residential and restaurant elements (the "Project"). The western edge of the Project is at the intersection of Laskin Road and Winwood Drive (the "Intersection"). The Developer has approached the City and requested that the City participate in improvements to that intersection in an amount not to exceed $1,000,000. The proposed improvements include a traffic signal to control four-way vehicular traffic and three-way pedestrian traffic (east-west crossings on both sides of Laskin Road and a north-south crossing on the east side of Laskin Road) (collectively, the "Intersection Improvements"). ■ Considerations: The proposed cost participation agreement (the "Agreement") provides for the construction of the Intersection Improvements by the Developer in conjunction with the construction of the Project. The Intersection Improvements would provide for improved safety in that road corridor and improved pedestrian connectivity to the shared use path on the north side of Laskin Road. The Project includes the construction of a future restaurant adjacent to the Intersection, which will warrant the addition of the Intersection Improvements, but adjacent neighborhoods have been requesting a traffic signal at the Intersection since before the Project was proposed. The Agreement would allow the Intersection Improvements to be constructed sooner. In addition to authorizing the City Manager to execute the Agreement, the proposed ordinance would appropriate the amount of $1,000,000 from fund balance of the General Fund to meet the City's obligations thereunder. ■ Public Information: A public briefing on this proposal was presented at City Council's May 28, 2024 informal session. Public notice will also be provided via the normal City Council agenda process. ■ Alternatives: Approve the Agreement, amend the terms of the Agreement or decline to enter into the Agreement. ■ Attachments: Ordinance, Location Map, Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Planning Department City Manager: 1 AN ORDINANCE AUTHORIZING (1)THE EXECUTION OF 2 A COST PARTICIPATION AGREEMENT WITH TFJG 3 CANOPY, LLC FOR THE CONSTRUCTION OF 4 INTERSECTION IMPROVEMENTS AT LASKIN ROAD 5 AND WINWOOD DRIVE AND (2) APPROPRIATING 6 $1,000,000 FROM FUND BALANCE OF THE GENERAL 7 FUND TO MEET THE CITY'S OBLIGATIONS FOR THOSE 8 IMPROVEMENTS 9 10 WHEREAS, TFJG Canopy, LLC, a Virginia limited liability company (the 11 "Developer") is in the process of acquiring a 12.41+/- acre parcel located at 1413 Laskin 12 Road in Virginia Beach from the School Board of the City of Virginia Beach. The Developer 13 plans to construct a mixed-use development with office, retail, residential and restaurant 14 elements (the "Project"); 15 16 WHEREAS, the western edge of the Project is at the intersection of Laskin Road and 17 Winwood Drive (the"Intersection"). The Developer has approached the City and requested 18 that the City participate in improvements to the Intersection in an amount not to exceed 19 $1,000,000; 20 21 WHEREAS, the proposed improvements include a traffic signal to control four-way 22 vehicular traffic and three-way pedestrian traffic (east-west crossings on both sides of 23 Laskin Road and a north-south crossing on the east side of Laskin Road) (collectively, the 24 "Intersection Improvements"); 25 26 WHEREAS, construction of the Intersection Improvements will enhance pedestrian 27 safety and connectivity in the area, and the traffic signal will be necessary when the Project 28 is complete; 29 30 WHEREAS, to fund the City's contribution towards the Intersection Improvements, it 31 is proposed to appropriate $1,000,000 from the fund balance of the General Fund; and 32 33 WHEREAS, cost participation in the Intersection Improvements will provide for the 34 sooner construction of those improvements and benefit pedestrian and vehicular traffic in 35 the Laskin Road corridor to the betterment of the City. 36 37 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 38 VIRGINIA BEACH, VIRGINIA: 39 40 1. That the City Manager is hereby authorized to execute a cost participation 41 agreement between the City and Developer for the construction of the Intersection 42 Improvements as shown on Exhibit A, in accordance with the Summary of Terms, attached 43 hereto as Exhibit B, and such other terms, conditions or modifications as may be 44 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 45 46 2. That$1,000,000 is hereby appropriated, with revenue increased accordingly, 47 from the fund balance of the General Fund to the FY2024-25 Operating Budget of the 48 Department of Planning to meet the City's obligations set forth in the cost participation 49 agreement. 50 51 3. This ordinance shall be effective immediately. If the cost participation 52 agreement is not executed by June 30,2024,the funds appropriated in paragraph 2,supra, 53 shall be re-appropriated in the same manner as provided for capital projects in Section 9 of 54 the FY2024-25 Capital Improvement Program Appropriation Ordinance to allow the City to 55 execute the agreement. 56 57 Adopted by the Council of the City of Virginia Beach,Virginia,on the day of 58 , 2024. Requires an affirmative vote by a majority of all of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: � b Planning Department City Attorney CA16553 \lvbgov.com\dfs I\application%\citylaw\cycom32\wpdocs\d007V05I\00971313.doc 6/7/24 R-1 Signal Pole& Cordroller Legend ,..Draws AN ro[trr.•a,wr, PTt7bing Diagram p oar•wlrr caws►lw.or/.vw v rW.a me w A r.K! 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L�1 �t �IWOOd �a oQ! � ♦'r i'.w c..•w 1 R i R v on 1�[0. on�.r.cr.Kn. �wI .•! .fr•R. t•rr a.w,SrK� T� �r "x^ TRAFFIC CdMI'ROL DEVICE Pt�WS m r O r vry 1f$r ymp�•.��.�.y{w�may..r.• G { G 1 Y�..H� H r TR,IFFIC S.GNK PLAN �,rs/�wi1M )tit//riM• wMC Ap.A•.4r+M as siu LUkin L 7A 141MAcrI k :I -It14-l►LII.q, �•[KFl xY Gr. .MP.r.[.O. 4I.o.MpY. .Q i rfs(w uwrr. P r will[S[. YM[r•.11[ o-w rai.. O ,•r„ tM..YnI[, %r„[•. O./l ,fA s. ..ecl Lam Ar EXHIBIT B SUMMARY OF TERMS COST PARTICIPATION AGREEMENT FOR LASKIN ROAD AND WINWOOD DRIVE INTERSECTION IMPROVEMENTS DEVELOPER: TFJG Canopy, LLC, a Virginia limited liability company. SCOPE OF PROJECT: Design and construction of a traffic signal and associated improvements to control four-way vehicular traffic and three- way pedestrian traffic (east-west crossings on both sides of Laskin Road and a north-south crossing on the east side of Laskin Road) (the "Intersection Improvements") COST PARTICIPANT: City of Virginia Beach CONSTRUCTION COSTS: Once design is complete, Developer to solicit bids for the Intersection Improvements to be constructed on behalf of the City. City to pay actual costs in an amount not to exceed one million dollars ($1,000,000). SPECIAL TERMS AND CONDITIONS: City to approve final design prior to the solicitation of bids. Once constructed, the Intersection Improvements to be dedicated to the City. LOCATION MAP Vol Yam) ; pbm�. �.w sn 14M C C 1\ C P i LASKIN RD IN RD LASKIN RD IN RD LASKIN RD IN RD LASKIN RD LASKIN RD IN RD Z 1499 �C O O O O P Disclosure Statement X� City of Virvfm)Beach Planning & Community Development �y The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board, commission or other body. Applicant Disclosure Applicant Name TFJG CANOPY LLC Does the applicant have a representative? E Yes ❑ No • If yes,list the name of the representative. Rob Beaman,Troutman Pepper Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ■ Yes ❑ No • If yes,list the names of all officers,directors, members,trustees,etc.below. (Attach a list if necessary) See Attached • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity2 relationship with the applicant. (Attach a list if necessary) See Attached '"Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101. 2"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or(iii)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 Disclosure Statement X13 Cvy of Vur6-a--n Planning& Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest 7n the subject land or any proposed development contingent on the subject public act,on?❑ Yes 0 NO • If yes,what is the name of the official or employee and what is the nature of the interest? N/A Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes ❑ No • If yes,identify the financial institutions providing the service. TowneBank 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ■ Yes ❑ No • If yes,identify the company and individual providing the service. Colliers International 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property? 0 Yes ❑ NO If yes,identify the firm and individual providing the service. Wall, Einhorn,&Chernitzer,P.C. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property? N Yes ❑ NO • If yes,identify the firm and individual providing the service. Cox,Kliewer&Co.and EDSA S. Is there any other pending or proposed purchaser of the subject property?❑ Yes ® NO • If yes,identify the purchaser and purchaser's service providers. N/A Revised 11.09.2020 2 Disclosure Statement 113 City of Vi,%",Beach Planning & Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?■ Yes ❑ NO • If yes,identify the company and individual providing the service. Marlyn Development Company 7. Does the applicant have an engineer/surveyor/agent in connection with the subject of the application or any business operating or to be operated on the property? ® Yes ❑ No • If yes,identify the firm and individual providing the service. Timmons Group 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property? ® Yes ❑ No • If yes,identify the firm and individual providing the service. Troutman Pepper,Williams Mullen Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Si nature Print Name and Title W.Taylor Franklin,CEO Date &/10/0-i, Is the applicant also the owner of the subject property? ❑ Yes E No • if yes,you do not need to fill out the owner disclosure statement. FOR ONLY/ e. any Planning Commission and City Council meeting that pertains to the applications No changes as of pate Signature Print Name Revised 11.09.2020 3 1 Application of TFJG Canopy,LLC Applicant Disclosures (A) List the Applicant's name followed by the names of all officers, directors, members, trustees,partners,etc.,below: 1. Applicant's Name: TFJG Canopy, LLC 2. Managers of TFJG Canopy.LLC: a. Wendell C.Franklin b. W. Taylor Franklin 3. Members of TFJG Canopy, LLC: a. Wendell C.Franklin a. W. Taylor Franklin b. Thomas M. Johnston (B) List the businesses that have a parent-subsidiary or affiliated business entity relationship with the Applicant: a. Franklin Group Companies, LLC b. 925 Apts. I,LP C. 925 Apts,II,LP d. F&J Developers, LLC e. Shorehaven Developers,LLC f. Pickett Farms Developers,LLC g. GreenPlain Properties,LLC h. Aquia Apts.,LLC i. Aquia GP, LLC j. Aquia Developers,LLC k. Kellingwood Apartments,LLC 1. Franklin Johnston Associates,LLC M. Southern Pine One, LLC n. Quill Developers, LLC 1. South Riding Apts LP M. South Riding GP,LLC n. Arbor Lakes LP o. Arbor Lakes GP, LLC p. Belleharbour Apts. LP q. BelleHarbour GP, LLC r. Fountain Park Apts LP S. Fountain Park GP,LLC t. South Riding II LP U. South Riding II GP, LLC V. SLN 5100 LP W. SLN 5100 GP, LLC X. Heritage Forrest II GP,LLC y. I Square Apartments LP Z. I Square Apts.,LP aa. Edward Street LLC bb. Dunlop Farms LLC cc. Belleville Seniors Apts LP dd. Belleville Seniors GP, LLC ee. Pickett Farms Apts LP ff. Pickett Farms GP, LLC gg. Quill GP, LLC hh. River House Apts., LLC ii. Shorehaven Apts LP jj. Shorehaven GP, LLC kk. Southwind Apts LP 11. Southwind GP, LLC mm. Spring Water, LLC nn. Summerland Heights LP oo. Summerland Heights GP, LLC pp. Tanglewood Lake Apts LLC qq. Woodberry Forest Apts LLC rr. TFJG Price Street Apts. I,LP ss. TFJG Price Street GP I, LLC tt. FS Renaissance III, LLC uu. Renaissance Apts. GP I,LLC vv. Renaissance Apts. GP II, LLC ww. Renaissance Apts. III,LLC xx. Renaissance I Developers, LLC yy. Renaissance II Developers, LLC zz. Renaissance Apts. I, L.P. aaa. Renaissance Apts. II, L.P. bbb. TFJG Wesleyan Holdings,LLC ccc. TFJG Wesleyan Developers, LLC ddd. TFJGWesleyan, LLC eee. TFJG Price Street Apts. II, LP fff. TFJG Price Street GP H, LLC ggg. Clairmont Associates I, LP hhh. Clairmont Associates II, LP iii. Clairmont Associates I GP, LLC jjj. Clairmont Associates GP II, LLC kkk. Franklin Asset Management 111. Curlew Apts. I., LP mmm. Curlew Apts. GP I, LLC nnn. Summerland Heights H, LP 000. Summerland Heights H GP, LLC 4` t `4wVy�� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Renew Permits Allowing Emergency Medical Services Agencies to Operate in the City of Virginia Beach MEETING DATE: June 18, 2024 ■ Background: City Code Section 10.5-2 requires any organization that operates an emergency medical services agency or any emergency medical services vehicle within the City to obtain a permit from the City Council. New permits are valid until June 30 of the following calendar year. After the initial year, such permits must be renewed by the City Council biannually and, if issued, shall be valid for a period of two years. ■ Considerations: The following renewal applications have been received and evaluated by the Department of Emergency Medical Services (EMS) for the operation of basic and advanced life support agencies, and EMS recommends renewal of each of them: American Medical Response Mid-Atlantic, Inc.; Children's Hospital of the King's Daughters; Lifecare Medical Transports, Inc.; MB Solutions, LLC; Midwest Medical Transport, LLC; Nightingale Regional Air Ambulance; Reliance Medical Transport; Robbie's Ambulance Service, Inc.; Special Event Providers of Emergency Medicine, Inc.; and Tidewater Medical Transport, Inc. x Public Information: Public information will be handled through the normal Council agenda process. ® Attachments: Resolution and Disclosure Statement Forms Recommended Action: Adoption Submitting Department/Agency: Department of Emergency Medical Services City Manager: 1 A RESOLUTION TO GRANT PERMITS ALLOWING 2 CERTAIN EMERGENCY MEDICAL SERVICES AGENCIES 3 TO OPERATE IN THE CITY OF VIRGINIA BEACH 4 5 WHEREAS, pursuant to City Code Section 10.5-2, any organization that operates 6 an emergency medical services agency or any emergency medical services vehicle within 7 the City must first obtain a permit from City Council, and such permits must be renewed 8 on a biannual basis; and 9 10 WHEREAS, applications for permit renewals have been received from the 11 following agencies: American Medical Response Mid-Atlantic, Inc.; Children's Hospital 12 of the King's Daughters; Lifecare Medical Transports, Inc.; MB Solutions, LLC; Midwest 13 Medical Transport, LLC; Nightingale Regional Air Ambulance; Reliance Medical 14 Transport; Robbie's Ambulance Service, Inc.; Special Event Providers of Emergency 15 Medicine, Inc.; and Tidewater Medical Transport, Inc.; and 16 17 WHEREAS, the above-listed private ambulance agencies perform services not 18 provided by the City's volunteer rescue squads, such as non-emergency inter-facility 19 transports, which include both basic and advance life support calls. 20 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 22 OF VIRGINIA BEACH; 23 24 1. That the City Council hereby grants renewed permits to the following agencies: 25 American Medical Response Mid-Atlantic, Inc.; Children's Hospital of the King's 26 Daughters; Lifecare Medical Transports, Inc.; MB Solutions, LLC; Midwest 27 Medical Transport, LLC; Nightingale Regional Air Ambulance; Reliance 28 Medical Transport; Robbie's Ambulance Service, Inc.; Special Event Providers 29 of Emergency Medicine, Inc.; and Tidewater Medical Transport, Inc. 30 31 2. That these permits shall be effective from July 1, 2024 to June 30, 2026. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: e gency Medical Services City A r Office CA16522 R-2 May 28, 2024 DISCLOSURE STATEMENT FORM The Virginia Beach City Council requires you to declare your relationships to certain service providers and financial institutions so that it can determine if any City Council members have conflicts of interest in the application you are bringing before them. Organization name: American Medical Response Mid-Atlantic Inc. Indicate if you receive any of the following services, and if so, from whom: YES FN 0 F SERVICE FWOVIDER (use additional sheets if needed Accounting and/or preparation of ❑ ❑✓ AMR (Internal) tax returns Financial Services (include bank Elinstitutions, lending institutions, Bank of America and current mortgage holders as applicable) ❑ Legal Services AMR (Internal) CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. X APPLICANT'S SIGNATURE Scott Tenney 04/23/2024 PRINT NAME DATE DISCLOSURE STATEMENT FORM The Virginia Beach City Council requires you to declare your relationships to certain service providers and financial institutions so that it can determine if any City Council members have conflicts of interest in the application you are bringing before them. Organization name: Children's Hospital of The King's Daughters Transport Indicate if you receive any of the following services, and if so, from whom: YES NO SERVICE PROVIDER(use additional sheets If needed) ■ Accounting and/or preparation of KPMG LLP tax returns Financial Services (include bank a El and lending Institutions, See attached and current mortgage holders as -applicable) �✓ Legal Services See attached CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. X APPL16ANrs SIGNATURE Jamie Carter 05/06/2024 PRINT NAME DATE FINANCIAL SERVICES USED BY CHILDREN'S HEALTH SYSTEM, INC. 1. Bank of America 2. PNC 3. TowneBank 4. US Bank 5. BB&T 6. Wells Fargo LAW FIRMS USED BY CHILDREN'S HEALTH SYSTEM, INC. AND IT'S SUBSIDIARIES—Contact Names and Numbers LAW FIRM Arnold&Porter LLP 601 Massachusetts Ave.,NW Washington,DC 2001-3743 Kevin O'Neil Phone: 202-942-6563 Kevin.oneil ftaporter.com Baker&Hostetler LLP 811 Main Street Suite 1100 Houston,TX 77002-6111 Susan Feigin Harris, Partner Phone: 713-646-1307 sharris@bakerlaw.com Baker, Donelson,Bearman,Caldwell&Berkowitz,PC One Eastover Center 100 Vision Drive,Suite 400(Zip:39211) Post Office Box 14167 Jackson,MS 39236 Brad Moody, Esq.;Layna Rush,Esq. Phone: 601-351-2420 Fax: 601-592-2420 bmoodvCa-bakerdonelson.com www.bakerdonelson.com Butler Snow LLP 1020 Highland Colony Parkway,Suite 1400 Post Office Box 6010 Ridgeland,MS 39158 Kevin White,Esq. Phone: 601-948-5711 Fax: 601-985-4500 Kevin.whiteL-butlersnow.com Cooper,Spong&Davis, P.C. 200 High Street,Suite 500 Portsmouth,Virginia 23705 Steve Leon,Esq. Phone: 757-397-3481 sleon@portslaw.com Dennis Ryan 6846 Karolina Way Sun Pralrie,Wl 53590 Phone:757-869-6106 Denr548 a�aol.com Duane Morris LLP 88 Hammond Street,Suite 500 Bangor, ME 04401-4953 Gregory A. Brodek,Esq. Phone:207 262 5440 Fax:207 4331164 GABrodek@duanemorris.com Fraim&Fiorella,P.C. 150 Boush Street Norfolk,VA 23510 Paul Fraim,Esq. Phone:757-227-5900 pfraim(d)ff-legal.com Gaynor Law Center,P.C. 440 Monticello Avenue,Suite 1800 Norfolk,VA 23510 Todd Gaynor, Esq. Phone:(757)828-3739 Fax:(757)257-3674 E-mail: tgaaynor@saynorlawcenter.com Hancock, Daniel&Johnson, P.C. f.k.a.Hancock, Daniel,Johnson& Nagle,PC PO Box 72050 Richmond,Virginia 23255 Jim Daniel,Esq., Kim Daniel,Esq.,William Hall,Esq., Mary Malone,Esq., Michael Newby, Esq. Phone: 804-967-9604 Fax: 804-545A237 mmaloneCa@hdin.com Horty,Springer&Mattern 4614 Fifth Avenue Pittsburgh,Pennsylvania 15213 Lee Ann Mitchell, Esq. Phone: 912-687-7677 Fax: 412-687-7692 Imitchell@hortvsoringer.com Hunton Andrews Kurth LLP f.k.a.Hunton&Williams LLP 951 East Byrd Street Richmond,VA 23219 Wyatt A. Deal,Esq.,James Seevers,Jr., Esq. Phone: 804-788-8502 Fax: 804-343-4656 wdeal@HuntonAK.com Jackson Lewis P.C. 701 East Byrd Street, 17`h Floor Richmond,VA 23219 Courtney Malveaux, Esq. Phone: 804-649-0404 Fax: 804-649-0403 Courtne .MalveauxnJacksonlewis.com Kaufman&Canoles PO Box 3037 2 Norfolk,Virginia 23514 Jason Davis,Esq. Phone: 757-624-3119 jrdavisCa)kaufcan.com Mary Beth Sherwin,Esq. Phone: 757-624-3244 Fax: 757-624-3169 mesherwinC,kaufcan.com Eric Ballou, Esq.,Megan Gilliland,Esq, McDermott Will&Emery W 444 West Lake Street,Suite 4000 Chicago, IL 60606-0029 Ashley M.Fischer, Esq. Phone: 312-984-7766 Fax: 312-984-7700 AMFischer@mwe.com McGuireWoods LLP Gateway Plaza 800 East Canal Street Richmond,VA 23219 Phone: 804-775-1000 Fax: 804-775-1061 McIntyre Stein&Ashby PLLC 101 W. Main Street,Suite 920 Norfolk,VA 23510 John McIntyre,Esq. Phone:757-961-3933 jmcintyreftmsa.law Mitchell Law Group 221 South Alfred Street, First Floor Alexandria,Virginia 22314 Byron Mitchell,Esq. Kari Jackson, Esq. Phone: 703-782-8900 Fax: 703-782-8910 bmitchell[a mitchell-lawgrp.com kiacksont@mitchell-lawgrp.com Morgan Lewis&Bockius 1000 Louisiana Street,Suite 4000 Houston,TX 77002-5005 Susan Feigin Harris,Esq. Phone: 713-890-5733 Fax: 713-890-8001 susan.harrisn moreanlewis.com NB Law Group,PLLC 999 Waterside Drive,Suite 2204 Norfolk,VA 23510 Neal P.Brodsky,Esq, Phone: 757-222-0356 Fax: 757-333-4197 j nbrodskvC4lnblaWLnoup.net 3 O'Hagan Meyer 411 E.Franklin Street,Suite 500 Richmond,VA 23219 Coreen Silverman, Esq. Phone:804-403-7100 csilverman@ohasanmeyer.com Steve Dyer Law,LLC 341 Dagullah Way, Unit A Pawleys Island,SC 29585 Steve Dyer,Esq. Phone: 843-301-5601 steve@stevedrverlaw.com Terry Frank Law 108 E.Grace Street Suite 001 Richmond,VA 23219 Terry C.Frank,Esq. 804.477.4955 Fax:844.906.2455 terry@terryfranklaw.com Troutman Pepper Hamilton Sanders LLP (formerly known as Troutman Sanders, LLP) 222 Central Park Avenue,Suite 2000 Virginia Beach,Virginia 23462 Robert Beaman, Esq. Phone: 757-687-7547 Robert.Beaman@troutmansanders.com RJ Nutter,Esq. Phone: 757-687-7502 Fax: 757-687-7510 Valverde Law PLLC 397 Little Neck Road 3300 Building,Suite 205 Virginia Beach,VA 23452 Hugo R.Valverde, Esq. Phone:757-422-8472 hueo@valverdelaw.com Webster,Chamberlain&Bean, LLP 1747 Pennsylvania Avenue,NW Washington, DC 20026 Charles M.Watkins Phone: 202-785-9500 Fax: 202-835-0243 cwatkins mwc-b.com Willcox&Savage 440 Monticello Avenue,Suite 2200 Norfolk,Virginia 23510 Rob Dewey, Esq. Phone: 757-628-5580 William Furr, Esq. Phone: 757-626-5651 �c 4 DISCLOSURE STATEMENT FORM The Virginia Beach City Council requires you to declare your relationships to certain service providers and financial institutions so that it can determine if any City Council members have conflicts of interest in the application you are bringing before them. Organization name: LifeCare Medical Transports LLC. Indicate if you receive any of the following services, and if so, from whom: YES FNO SERVICE PROVIDER (use additional sheets if needed) ElAccounting and/or preparation of Priority Ambulance Corp tax returns Financial Services (include bank Elinstitutions, lending institutions, Wachovia-Wells Fargo and current mortgage holders as applicable) Legal Services Priority Ambulance Corp CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. X APPLICA T'S SIGNATUR Ryan Petty 4/8/2024 PRINT NAME DATE DISCLOSURE STATEMENT FORM The Virginia Beach City Councii requires you to declare your relationships to certain service providers and financial institutions so that it can determine if any City Council members have conflicts of interest in the application you are bring!ng before them. Organization name: MB Solutions, LLC Indicate if you receive any of the following services. and if so. from whom YES ► NO SERVICE ; PROVIDER (use additional sheets if needed) �--� Accounting and/or preparation of a i_g ttiledreai Mgrrtt Consulting G tax returns Financial Services (include bank institutions,lending institutions. ',VeliS Faroo (rj and current mortgage holders as applicable) Legal Servicesec"Zor CERTIFICATION: I certify that all of the information contained in this Disclosure S complete, true. and accurate. ` I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. ar+': 'S SIGN A-',sir IMINT NAME G f DISCLOSURE STATEMENT FORM The Virginia Beach City Council requires you to declare your relationships to certain service providers and financial institutions so that it can determine if any City Council members have conflicts of interest in the application you are bringing before them. Organization name: MMT Ambulance Indicate if you receive any of the following services, and if so,from whom: YES NO SERVICE PROVIDER(use additional sheets if needed) o Accounting and/or preparation of Lutz tax returns Financial Services(include bank ❑ institutions,lending institutions, First Interestate Bank\Oxfor, and current mortgage holders as -applicable) ❑✓ Legal Services Koley Jessen P.C. -� CERTIFICAT ON: I certify th al f the information contained in this Disclosure Statement Form is complete true, nd accurate. I under tand am responsible for updating the information provided herein if it change pri to the Council action upon this Application. X _ APPLICANT"$SIGNATURE Anthony D.Wilson 04-16-2024 PRINT NAME DATE �w DISCLOSURE STATEMENT FORM The Virginia Beach City Council requires you to declare your relationships to certain service providers and financial institutions so that it can determine if any City Council members have conflicts of interest in the application you are bringing before them. Organization name: Sentara Healthcare/Nightingale Regional Air Ambulance Indicate if you receive any of the following services, and if so, from whom: YES FN 01 SERVICE PROVIDER (use additional sheets if needed Tax return is prepared by our internal accounting department. X Accounting and/or preparation of Reimbursement tax returns consulting services are performed by Dixon Hughes Goodman LLC and PB Mares. Truist Bank, TD Bank, Wells Fargo Bank, Bank of America/Merrill Financial Services (include bank Lynch, Illinois Bank and institutions lending Trust, American National X g institutions, Bank, JP Morgan Chase, and current mortgage holders as us sank, Barclays, applicable) Citibank, Goldman Sachs, Towne Bank, Old Point Bank, First Citizens Bank. Willcox and Savage PC; Williams Mullen; McGuire Woods; Kaufman and Conoles; Poole Brooke Plumlee Kutak Rock x Legal Services K&L Gates Epstein, Becker, Green LeClair Ryan; Wolcott, Rivers, Gates; Serrateli, Mijal; Patten Wornum, \\vbCm4W1MhlWejmft n&WMSWMAd h\000-crn[svc�ao�s,ia� �a-ua�nair+wur,Man\ puwocaiNu. �+nswsasaow�es oemeocao« \\"bYas1\D'yertr�\915\ET15 AdiNn\OOXNIi-SVCfRO�SAREA�5t17PLff1tMB(T-MANpGFMEHTWDD�N�Ih-Dtr��s\es-d5r�ure- R—Illlede.pdf I,the undersigned,am legally authorized to sign this application for the company. The Information contained herein is true and correct. The company complies with the minimum requirements as set forth in the current Virginia Emergency Medical Services Regulations, 12 VAC 5-31,as amended. The company understands that it may not provide any EMS services within the Crty of Virginia Beads without a current,valid 6ty of Virginia Beach Commercial EMS Agency Permit and Virginia OEMS EMS Agency License. The company understands that should a Virginia Beach Commercial EMS Agency Permit to operate within the City of Virginia Beach be issued,it does not authorize a response area within the City. Should the company need to change its operational or administrative officers,corporate or contact information,or level of service;or terminate service; or have a change in its state issued license(s); the company shall notify the Virginia Beach EMS Department within 10 days of the event(s). By submitting this agency permit application,the company agrees that it shall submit to the Virginia Beach EMS Department any renewals,changes, or enforcement actions associated with the company's GEMS Agency License within 10 days of said action(s). The company understands that failure to comply with these terms may result In Its permit to operate in Virginia Beach being suspended or revoked. Your signatur e'�,,�el_ DATE: 04/04/2024 I AM THE: CEO listed above: x Operations Officer listed above: x Return this form to: Brigade Chief Peter Gonzalez pmgonza1 vbgov.com Regulation &Enforcement Services Virginia Beach EMS Department 4160 Virginia Beach Blvd Virginia Beach VA 23452 CITY USE ONLY Va Beach commercial EMS agency BLS ALS NEONATAL AIR classification: NON-EMERGENCY EMERGENCY NEW RENEWAL REINSTATEMENT Hatten and Diamonstein; CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. !/f APPLICANT'S SIGNATURE Denise Baylous 04/04/2024 PRINT NAME DATE \"bDov.—\dfs\DePa1b—is\EM5\ENS Adit\ODD{MMI-SVC-ROOCCEESS5S-AFt GJPPLIER-A6tffMENTT ANAG HB�TsupplierVDcalY��em\Mts4i�ure-s3 -_fiNtade.P, DISCLOSURE STATEMENT FORM The Virginia Beach City Council requires you to declare your relationships to certain service providers and financial institutions so that it can determine if any City Council members have conflicts of interest in the application you are bringing before them. Organization name: Reliance Medical Transport Indicate if you receive any of the following services, and if so, from whom: YES FNO SERVICE PROVIDER (use additional sheets if 7YES 0 SERVICE needed Accounting and/or preparation of Cherry Bekaert Advisory LLi tax returns Financial Services(include bank a D institutions, lending institutions, See Attached and current mortgage holders as applicable) ❑✓ Legal Services William Mullens CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. UCANT'S SIGNATURE Rene Moncion 4/1/2024 PRINT NAME DATE Reizence5261 CHALLEDON DR INedica/ Trans VIRGINIA BEACH VA 23462 port DISCLOSURE STATEMENT FORM (continued) Financial Services (include bank institutions, lending institutions, and current mortgage holders as applicable): Banks: Navy Federal Southern Bank(Mortgage Holder) Lending Institutions: Navitas Credit Corps. Stearns Bank American Bank Financial Pacific Leasing Huntington Bank Falcon National BlueBridge Financial Targeted Lending Oakmount Capital Service DISCLOSURE STATEMENT FORM The Virginia Beach City Council requires you to declare your relationships to certain service providers and financial institutions so that it can determine if any City Council members have conflicts of interest in the application you are bringing before them. Organization name: ROBBIE'S AMBULANCE SERVICE, INC Indicate if you receive any of the following services, and if so, from whom: ____] YES NO [::::::_ SERVICE PROVIDER (use additional sheets if t needed) 0 ❑ Accounting and/or preparation of tax returns O'NEAL TAX SERVICE Financial Services (include bank -- aF] institutions, lending institutions, WELLS FARGO and current mortgage holders as applicable) oLegal Services / v/� l CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. APPLICANT'S SIGNA RE JENNIFER LLANUEVA 4/1/24 PRINT NAME DATE i 1 DISCLOSURE STATEMENT FORM The Virginia each City Council requires you to declarp your rela ionshlips to certain sa mce provid+s s and financial institutions to that It Can determine If any ty Coun+cii rnem a►ers ha++e conflicts of interesT in the applkadon you are bringing Wai e them [iirilanitadol Iname PT _ Indicate it you I ecelve.any of the follwArrg services,and if sv,from whom: YES ri�! SI`ft1V1C1t McivIi .or+a+$Do f (1 Actvtwl tag and/at praparation of IF;} F aJ t tax�t I _ I Inancial Services 0 u e bank Insatuoans leading instittakws, 'Tovan6t'K and current owntgags holders as tega- I services r+r CY C RTIFICA 10N-, f I-certify that ill of the information contained in this Disclosure$tatementiforrn is complete.tr%c. and accurate. 1 understam I ant respurrslbk fiat updating the in'femotion proMed herein if it changes pricir to the Council action upon this Applketloo f Tom Ma—r#i�rT 04/DZ2024 ffil NIT HAIiii--i' DATE l Ek i k i s i k i DISCLOSURE STATEMENT FORM Indicate Beach City Council requires you to declare your relationships to certain ders and financial institutions so that it can determine if any City Council a conflicts of interest in the application you are bringing before them. on name TIDEWATER MEDICAL TRANSPORT,Inc receive any of the following services, and if so, from whom: SERVICE PROVIDER{use additional sheets If needed) QAccounting and/or preparation of tax returns E Clark& Company Financial Services {include bank 0 institutions, lending institutions, Towne Bank and current mortgage holders as a icabic ✓� Legal Services Donnie Lascara CIA-TIE N: I certify at ail of the information contained in this Disclosure Statement Form is complev,, true, and accurate. I under s nd i am responsible for updating the information provided herein if it changes rior to the Counc n upon thl Application. X APPLICANT° cNATuRE BARBA SMITH o'q /lq aoa-y PRINT DATE I i u =Sj 4 � _lJJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: (1) An Ordinance Appointing Victoria R. Eisenberg to the Position of Deputy City Attorney (2) An Ordinance Appointing Dana R. Harmeyer to the Position of Deputy City Attorney MEETING DATE: June 18, 2024 ■ Background: Section 2-166 of the City Code provides that "[t]he city council may, from time to time, upon recommendation of the city attorney, appoint such deputy and assistant city attorneys as it may deem necessary to serve at the pleasure of the city attorney." ■ Considerations: Two ordinances are attached. The first ordinance appoints Victoria R. Eisenberg as a Deputy City Attorney, effective July 11, 2024. If approved, she will lead the City Attorney's Land Use Section following the retirement of the current Deputy City Attorney for the Land Use Section. The second ordinance appoints Dana R. Harmeyer as a Deputy City Attorney, effective July 11, 2024. This appointment corresponds with the Office of the City Attorney's FY 2024-25 Budget proposal to reclassify an existing position to serve as the deputy dedicated to FOIA, COIA, and special projects. If approved, Dana R. Harmeyer will lead the City Attorney's Policy and Administration Section. ■ Attachments: Ordinances (2) Recommended Action: Adopt both ordinances Submitting Department/Agency: City Attorney AAbS City Manager: 1 AN ORDINANCE APPOINTING DANA R. HARMEYER TO 2 THE POSITION OF DEPUTY CITY ATTORNEY 3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA: 5 6 That pursuant to §2-166 of the City Code, Dana R. Harmeyer is hereby appointed to 7 the position of Deputy City Attorney, effective July 11, 2024. 8 9 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 10 2024. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: City Attorney's Office CA16524 R-1 May 21, 2024 Z CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: (1) An Ordinance Appointing Victoria R. Eisenberg to the Position of Deputy City Attorney (2) An Ordinance Appointing Dana R. Harmeyer to the Position of Deputy City Attorney MEETING DATE: June 18, 2024 ■ Background: Section 2-166 of the City Code provides that "[t]he city council may, from time to time, upon recommendation of the city attorney, appoint such deputy and assistant city attorneys as it may deem necessary to serve at the pleasure of the city attorney." ■ Considerations: Two ordinances are attached. The first ordinance appoints Victoria R. Eisenberg as a Deputy City Attorney, effective July 11, 2024. If approved, she will lead the City Attorney's Land Use Section following the retirement of the current Deputy City Attorney for the Land Use Section. The second ordinance appoints Dana R. Harmeyer as a Deputy City Attorney, effective July 11, 2024. This appointment corresponds with the Office of the City Attorney's FY 2024-25 Budget proposal to reclassify an existing position to serve as the deputy dedicated to FOIA, COIA, and special projects. If approved, Dana R. Harmeyer will lead the City Attorney's Policy and Administration Section. ■ Attachments: Ordinances (2) Recommended Action: Adopt both ordinances Submitting Department/Agency: City Attorney City Manager: 1 AN ORDINANCE APPOINTING VICTORIA R. EISENBERG 2 TO THE POSITION OF DEPUTY CITY ATTORNEY 3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA: 5 6 That pursuant to §2-166 of the City Code, Victoria R. Eisenberg is hereby appointed 7 to the position of Deputy City Attorney, effective July 11, 2024. 8 9 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 10 , 2024. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: _ a City Attorney's Office CA 16410 R-1 February 1, 2024 CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: Ordinances Pertaining to the Compensation of the City Manager, City Attorney, City Clerk, City Real Estate Assessor, and City Auditor MEETING DATE: June 18, 2024 ■ Background: City Code § 2-89 provides that the City Council shall determine, on an annual basis, the compensation of the City Manager, City Attorney, City Clerk, City Real Estate Assessor, and City Auditor, all of whom are directly appointed by the City Council. ■ Considerations: These appointee compensation ordinances provide that each appointee will receive a 3.5% increase in their salary. The adopted budget for the upcoming fiscal year includes a .5% general increase and a 3% merit increase for all other full-time City employees based on the midpoint of their pay range, for a total of 3.5%. The ordinance regarding the City Real Estate Assessor's compensation authorizes an additional salary increase of$5000. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Five ordinances Requested by the City Council 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY MANAGER 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 the City Council; 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 That, effective July 1, 2024, the annual salary of the City Manager, which is 12 currently $303,345, shall be increased by 3.5% to $313,962, and his car allowance shall 13 remain at $9,000 annually. In accordance with his contract, the City's contribution to his 14 deferred compensation account shall equal 6% of his new salary. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2024. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA16512 R-1 May 16, 2024 .r CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: Ordinances Pertaining to the Compensation of the City Manager, City Attorney, City Clerk, City Real Estate Assessor, and City Auditor MEETING DATE: June 18, 2024 ■ Background: City Code § 2-89 provides that the City Council shall determine, on an annual basis, the compensation of the City Manager, City Attorney, City Clerk, City Real Estate Assessor, and City Auditor, all of whom are directly appointed by the City Council. ■ Considerations: These appointee compensation ordinances provide that each appointee will receive a 3.5% increase in their salary. The adopted budget for the upcoming fiscal year includes a .5% general increase and a 3% merit increase for all other full-time City employees based on the midpoint of their pay range, for a total of 3.5%. The ordinance regarding the City Real Estate Assessor's compensation authorizes an additional salary increase of$5000. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Five ordinances Requested by the City Council 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY ATTORNEY 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 the City Council. 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 That, effective July 1, 2024, the annual salary of the City Attorney, which is 12 currently $263,206, shall be increased by 3.5% to $272,418; the City's contribution to his 13 deferred compensation plan shall remain at$10,000 annually; and his car allowance shall 14 remain at $10,000 annually. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2024. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA16513 R-1 May 16, 2024 S CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: Ordinances Pertaining to the Compensation of the City Manager, City Attorney, City Clerk, City Real Estate Assessor, and City Auditor MEETING DATE: June 18, 2024 ■ Background: City Code § 2-89 provides that the City Council shall determine, on an annual basis, the compensation of the City Manager, City Attorney, City Clerk, City Real Estate Assessor, and City Auditor, all of whom are directly appointed by the City Council. ■ Considerations: These appointee compensation ordinances provide that each appointee will receive a 3.5% increase in their salary. The adopted budget for the upcoming fiscal year includes a .5% general increase and a 3% merit increase for all other full-time City employees based on the midpoint of their pay range, for a total of 3.5%. The ordinance regarding the City Real Estate Assessor's compensation authorizes an additional salary increase of$5000. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Five ordinances Requested by the City Council 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY CLERK 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 the City Council. 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 That, effective July 1, 2024, the annual salary of the City Clerk, which is currently 12 $129,647, shall be increased by 3.5% to $134,185, and the City's contribution to her 13 deferred compensation account shall remain at $6,000 annually. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2024. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA16514 R-1 May 16, 2024 CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: Ordinances Pertaining to the Compensation of the City Manager, City Attorney, City Clerk, City Real Estate Assessor, and City Auditor MEETING DATE: June 18, 2024 ■ Background: City Code § 2-89 provides that the City Council shall determine, on an annual basis, the compensation of the City Manager, City Attorney, City Clerk, City Real Estate Assessor, and City Auditor, all of whom are directly appointed by the City Council. ■ Considerations: These appointee compensation ordinances provide that each appointee will receive a 3.5% increase in their salary. The adopted budget for the upcoming fiscal year includes a .5% general increase and a 3% merit increase for all other full-time City employees based on the midpoint of their pay range, for a total of 3.5%. The ordinance regarding the City Real Estate Assessor's compensation authorizes an additional salary increase of$5000. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Five ordinances Requested by the City Council 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY REAL 3 ESTATE ASSESSOR 4 5 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 6 the City Council shall have their salaries and benefits determined annually by action of 7 the City Council; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 That, effective July 1, 2024, the annual salary of the City Real Estate Assessor, 13 which is currently $147,000, shall be increased by 3.5% to $152,145, and she shall 14 receive an additional salary increase of$5000, added after the 3.5% has been applied, 15 for a total salary of$157,145. Her car allowance shall remain at$6,000 annually. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2024. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA16516 R-2 June 11, 2024 si CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: Ordinances Pertaining to the Compensation of the City Manager, City Attorney, City Clerk, City Real Estate Assessor, and City Auditor MEETING DATE: June 18, 2024 ■ Background: City Code § 2-89 provides that the City Council shall determine, on an annual basis, the compensation of the City Manager, City Attorney, City Clerk, City Real Estate Assessor, and City Auditor, all of whom are directly appointed by the City Council. ■ Considerations: These appointee compensation ordinances provide that each appointee will receive a 3.5% increase in their salary. The adopted budget for the upcoming fiscal year includes a .5% general increase and a 3% merit increase for all other full-time City employees based on the midpoint of their pay range, for a total of 3.5%. The ordinance regarding the City Real Estate Assessor's compensation authorizes an additional salary increase of$5000. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Five ordinances Requested by the City Council 1 AN ORDINANCE PERTAINING TO THE 2 COMPENSATION OF THE CITY AUDITOR 3 4 WHEREAS, Section 2-89 of the City Code provides that the direct appointees of 5 the City Council shall have their salaries and benefits determined annually by action of 6 the City Council; and 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 That, effective July 1, 2024, the annual salary of the City Auditor, which is currently 12 $157,568, shall be increased by 3.5% to $163,083. His car allowance shall remain at 13 $6,000 annually. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of _ 2024. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office _ CA16515 R-1 May 16, 2024 �Nu 6gj• (u �7- CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept a Donation of Radiation Detection Equipment MEETING DATE: June 18, 2024 ■ Background: The Fire Department (FD) can receive radiation detection equipment provided by Securing the Cities (STC), which is a program operated by the United States Department of Homeland Security. This equipment will replace aging and outdated equipment that is currently in use on all FD fire apparatuses and fire boats. STC will provide 50 devices. When the donated devices reach their end of life, they will be returned to STC. The STC program seeks to reduce the risk of a successful deployment of radiological or nuclear weapons against major metropolitan areas in the United States. STC provides radiological and nuclear detection equipment, training, exercise support, and operational and technical subject matter expertise through cooperative agreement grants. ■ Considerations: Execution of the attached proposed Memorandum of Agreement/Understanding (MOU) is required for acceptance of the donation. ■ Public Information: Normal Council Agenda process. ■ Recommendations: Approve the attached ordinance and authorize the City Manager to sign the attached MOU. ■ Attachments: Ordinance; MOU Recommended Action: Approval Submitting Department/Agency: Fire Department City Manager: 1 AN ORDINANCE TO ACCEPT A DONATION OF 2 RADIATION DETECTION EQUIPMENT 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA THAT: 6 7 A donation of radiation detection equipment is hereby accepted from the Securing 8 the Cities Program, which is operated by the United States Department of Homeland 9 Security. The City makes no representation that it will replace such items at the end of 10 their useful life. The City Manager is authorized to execute the proposed Memorandum 11 of Agreement/Understanding provided such document has been reviewed and approved 12 as to form by the Office of the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia on the day of ----_> 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City ttorney's Office CA16540 R-1 June 4, 2024 Memorandum of Agreement/Understanding (MOA/MOU) Securing the Cities (STC) National Capital Region (NCR) AGREEMENT entered into between the District ofColumbia Homeland Security and Emergency Management Agency ("HSEMA"), 2720 Martin Luther King Jr Avenue SE, Washington, D.C. 20032,and the STC Regional Partners identified on the attached signature page, for the acquisition and distribution ofgoods and services pursuant to the Securing the Cities Program("STC Program" or"the Program").This Agreement is a statement of intent,and should not be construed as a legally binding contract between HSEMA and the STC Regional Partners("the parties"). WHEREAS, HSEMA and the STC Regional Partners intend to work in concert with other regional agencies to develop and implement systems for coordinated and integrated detection, interdiction, and notification of illicit materials outside regulatory control that may be used in a terrorist attack or as a weapon of mass destruction within the region;and WHEREAS, HSEMA and the STC Regional Partners recognize the critical need for mutual information sharing, operational integration, and regional cooperation to implement the STC Program effectively; and WHEREAS, HSEMA has received or expects to receive monetary and non-monetary assistance ("Federal Funding") from the federal government including substantial involvement in the program development;and WHEREAS, such Federal Funding is to be used exclusively to support the STC program implementation; and WHEREAS, HSEMA and the STC Regional Partners agree to collaborate in the design and operations of STC; NOW THEREFORE,the parties agree as follows: 1. HSEMA and the STC Regional Partners agree to work collaboratively in development of information confidentiality and limited access to sensitive data. This agreement is limited to only ensure information shared between agencies within the Information Exchange Plan is fully supported and is not intended to grant open access to all agency information to personal individual information. 2. HSEMA agrees to provide operational information and complete all reporting mechanisms pursuant to documenting the implementation and operation of provided equipment,goods, and services. 1 3. The parties agree to provide timely notification and share security information with each other related to deployment, operation of equipment, goods and services pursuant to this agreement. 4. The STC Regional Partners will provide and maintain a primary liaison to HSEMA including name, work address,e-mail address,and telephone numbers. 5. The parties agree to participate in the STC committee goods and services selection process seeking collaboration to determine the best regional solutions.A single vendor is preferred to increase purchase power and reduce maintenance costs. When absolutely necessary, a multi-vendor good/service solution will be considered only if it best meets the regional requirements. 6. If a single source good or service is identified as the best regional solution,the parties agree to work within the STC committee process to work out any dispute resolution. 7. The STC Regional Partners will use any equipment or goods received or purchased through the STC Program only for the purposes for which they are intended and shall keep them in good working order. The parties agree to cooperate in the maintenance of the equipment or goods pursuant to this Agreement. 8. The STC Regional Partners agree to reasonably participate in all region training exercises providing sufficient personnel and equipment as determined necessary by the STC committee process. 9. The STC Regional Partners agree to comply with HSEMA guidelines regarding documentation and submission requirements for reimbursement for training and exercise participation in furtherance of the STC Program. 10.Any amendments to this agreement must be in writing and signed by authorized representatives of the parties. 11.This agreement will remain in effect from the date each STC Regional Partner's authorized representative signs the Agreement, unless terminated by either party within 30 days of written notification. In the event that an STC Regional Partner requests to opt out of this Agreement, any equipment received or purchased through the STC Program shall be returned to HSEMA within 60 days for redistribution among the remaining STC Regional Partners. 2 IN WITNESS WHEREOF, the parties hereto have executed this agreement on the dates appearing opposite their respective signatures. Clint Osborn Date Acting Director Homeland Security and Emergency Management Agency [Insert Agency Executive] Date Title Insert Agency Name 3 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate State Funds and to Transfer Funds within the Department of Human Services for the Children's Services Act Program MEETING DATE: June 18, 2024 ■ Background: In 1992, the Virginia General Assembly enacted the Children's Services Act(CSA). The mission of the CSA is to create a collaborative system of services and funding that is child-centered, family-focused, and community-based when addressing the strengths and needs of troubled and at-risk youth and their families in the Commonwealth. The City's CSA program is part of the Department of Human Services but operates under the guidelines of the Virginia Office of Children's Services (OCS). The program receives an annual allocation of funding from the Commonwealth through OCS. A local match is required, which varies based on the category of services being provided and the volume of services needed to serve the children within each fiscal year. In total, the budget for the Virginia Beach CSA in FY 2023-24 is $11 million, which was based upon FY 2021-22 actual expenditures. If costs exceed the budget, additional appropriations can be made to local CSA programs through a supplemental request process. This arrangement ensures that all children in need of services can be accommodated. Based upon an analysis of program spending by the City's CSA staff, the Community Policy and Management Team, which is the local governing board for the CSA program, has reviewed and approved a supplemental funding request to OCS. The total cost of the increase is $2,694,396 of which $2,155,634 would be from the Commonwealth. OCS has reviewed and approved the request electronically. The remaining amount of$538,762 is the required local match. ■ Considerations: To fulfill the required local match necessary to receive $2,155,634 in revenue from the Commonwealth, a local match of $538,762 is required. The Department can meet this match requirement within its operating budget. Due to the timing of this award, a portion may need to be carried forward into FY 2024-25 to ensure funds are spent as designated by the Commonwealth. ■ Public Information: Normal Council Agenda process. ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 FUNDS AND TO TRANSFER FUNDS WITHIN THE 3 DEPARTMENT OF HUMAN SERVICES FOR THE 4 CHILDREN'S SERVICES ACT PROGRAM 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 1) $2,155,634 is hereby accepted from the Virginia Office of Children's Services 10 and appropriated, with revenue from the Commonwealth increased 11 accordingly, to the FY 2023-24 Operating Budget of the Department of Human 12 Services for the Children Services Act Program. 13 14 2) A required match of $538,762 is hereby authorized to be paid from available 15 funds in the Department of Human Services Operating Budget. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2024. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget,and Management Services Ci Attorney's ffice CA16533 R-2 June 7, 2024 I2L-k , CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate State Funds to Support the Permanent Supportive Housing Program MEETING DATE: June 18, 2024 ■ Background: The Department of Human Services (DHS) has been awarded additional funding from the Virginia Department of Behavioral Health and Developmental Services (DBHDS) to support the existing Permanent Supportive Housing (PSH) program. The PSH program provides housing assistance to individuals with a serious mental illness who meet income and other eligibility criteria. ■ Considerations: This award provides $237,658 in ongoing state general funds via DBHDS for the PSH program. The PSH program is recognized for its positive outcomes and housing stability success rate. These funds will help cover rising costs related to housing and program expenses. Due to the timing of this award, a portion may need to be carried forward into FY 2024-25 to ensure funds are spent as designated by the Commonwealth. ■ Public Information: Normal Council Agenda process. ■ Recommendations: Adopt the attached ordinance ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manager: I AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 FUNDS TO SUPPORT THE PERMANENT SUPPORTIVE 3 HOUSING PROGRAM 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 $237,658 is hereby accepted from the Virginia Department of Behavioral Health 9 and Developmental Services and appropriated, with revenue from the Commonwealth 10 increased accordingly, to the FY 2023-24 Operating Budget of the Department of Human 11 Services to support the Permanent Supportive Housing Program. Adopted by the Council of the City of Virginia Beach, Virginia on the day of - - -- 1 2024. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services ttomey's Office CA16543 R-1 June 6, 2024 �Nu&_t CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds to Modernize the Department of Human Services (DHS) Behavioral Health Developmental Services' Electronic Healthcare Record System MEETING DATE: June 18, 2024 ■ Background: The Virginia Department of Behavioral Health and Developmental Services (DBHDS) is sunsetting the State reporting mechanism known as CCS3 and replacing that system with a modern data exchange mechanism. The sunset date is July 1 , 2025. The Department of Human Services (DHS) has been selected by DBHDS to serve as a fiscal agent for the four Community Services Boards (CSB) in the state, including Virginia Beach's Behavioral Health Developmental Services' Division, that currently use the Oracle electronic healthcare record system. DHS will coordinate a common solution for the four CSBs. ■ Considerations: DBHDS has provided a one-time, pre-paid allocation of $200,000 for this electronic healthcare record project. The funding period is May 1, 2024, through June 30, 2025. At the completion of the project, any unspent funds are to be returned to DBHDS. Due to the timing of this award, a portion may need to be carried forward into FY 2024-25 to ensure funds are spent as designated by the Commonwealth. ■ Public Information: Normal Council Agenda process. ■ Recommendations: Approval of Ordinance ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 TO MODERNIZE THE DEPARTMENT OF HUMAN 3 SERVICES (DHS) BEHAVIORAL HEALTH 4 DEVELOPMENTAL SERVICES' ELECTRONIC 5 HEALTHCARE RECORD SYSTEM 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 $200,000 is hereby accepted from the Virginia Department of Behavioral Health 11 and Developmental Services and appropriated, with revenue from the Commonwealth 12 increased accordingly, to the FY 2023-24 Operating Budget of the Department of Human 13 Services to modernize the Behavioral Health Developmental Services' Electronic 14 Healthcare Record System. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2024. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City ttorney's Office CA16536 R-1 June 4, 2024 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds to Expand Community Based Substance Use Services MEETING DATE: June 18, 2024 ■ Background: The Virginia Department of Behavioral Health and Developmental Services provides the Department of Human Services with State and Federal funding to support and expand community-based substance use treatment services for individuals. The Department has been awarded additional funds to expand services in the City. This new service will operate out of the Pathways facility at Birdneck Circle, which previously operated the Residential Substance Use Detox program. ■ Considerations: This reimbursement-based award is for up to $56,830 in federal funds and $99,452 in state funds. The funding period is April 1, 2024, through June 30, 2025. Due to the timing of this award, a portion may need to be carried forward into FY 2024-25 to ensure funds are spent as designated by the Commonwealth. ■ Public Information: Normal Council Agenda process. ■ Recommendations: Approval of Ordinance ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 TO EXPAND COMMUNITY BASED SUBSTANCE USE 3 SERVICES 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 1) $99,452 is hereby accepted from the Virginia Department of Behavioral Health 9 and Developmental Services and appropriated, with revenue from the 10 Commonwealth increased accordingly, to the FY 2023-24 Operating Budget of 11 the Department of Human Services to expand Community Based Substance 12 Use Services. 13 14 2) $56,830 is hereby accepted from the Virginia Department of Behavioral Health 15 and Developmental Services and appropriated, with federal revenue increased 16 accordingly, to the FY 2023-24 Operating Budget of the Department of Human 17 Services to expand Community Based Substance Use Services. Adopted by the Council of the City of Virginia Beach, Virginia on the day of -- , 2024. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City or s Office CA16534 R-1 May 30, 2024 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 May 21, 2024) RECOMMENDATION: APPROVAL .Y/,�. �,� a` O . -° R10 nD O L - o OPO R1 n Ato 4 _ "Bay-- _. Broaa R10 O N ® site Carl R. Ellis, Jr W E Property Polygons 2620 Broad Bay Road QZoning s Building Feet 0 2040 80 120 160 200 240 `ll S 1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CARL R. ELLIS, JR. [Applicant & Property Owner] Subdivision Variance (Section 4.4 (b) of the Subdivision Regulations) for the property located at 2620 Broad Bay Road (GPIN 1499688214). COUNCIL DISTRICT 8 MEETING DATE: June 18, 2024 (Deferred on April 16, 2024 & May 21, 2024) ■ Background: The existing lot was created by deed in 1952, prior to the adoption of the City's Subdivision Regulations. Lot 8 is currently developed with a single-family dwelling. The applicant seeks to subdivide the lot into two single-family dwelling lots. A Subdivision Variance to Section 4.4 (b) of the Subdivision Regulations is needed as the two proposed lots will not meet the lot width requirement of 80 feet, measured at the 30-foot front yard setback. Proposed Lot 8A is deficient by 0.97 feet and proposed Lot 8B is deficient by 1.49 feet. Except for the lot width, the proposed lots meet all the dimensional standards for property zoned R-10 Residential District. Since the Subdivision Regulations require a 50-foot right-of- way width and the current right-of-way width on this portion of Broad Bay Road is 40 feet, the applicant is proposing a 5-foot right-of-way reservation, which will be dedicated prior to the development of these lots. The proposed home styles provide high quality and attractive buildings that will be compatible with the variety of housing sizes and styles in this area. At the April 16, 2024, and May 21, 2024, City Council hearings, the applicant's representative requested 30-day deferrals to allow additional time to meet with those in the surrounding neighborhoods in opposition to the request to attempt to address their concerns related to the variance request. ■ Considerations: Section 9.3 of the Subdivision Regulations provide criteria for which City Council may grant Subdivision Variance requests. The Planning Commission concurred with Staffs recommendation of the approval of this request. The applicant has agreed to Condition 3 that the dedication for the road width will occur after the plat is recorded and prior to any development of the lots. Further details pertaining to the application, as well as Staffs evaluation, are provided in the attached Staff Report. Seven (7) letters of support and thirty (30) letters of opposition were received for this application. Three (3) speakers were in attendance at the Planning Commission hearing and expressed concerns that the Carl R. Ellis, Jr. Page 2 of 3 new homes could change the look and feel of the neighborhood, decrease property values, and affect the privacy of surrounding neighbors. To address the surrounding property owner concerns, the applicant has provided a revised exhibit showing the removal of three trees, two on the applicant's property, and the other on the adjacent property to the west to which the property owner has agreed. This is to provide more visibility near the curve of the roadway. The exhibit also depicts a 354.9 square foot visibility easement in that same area which will prohibit any plant materials, fencing, and landscaping improvements greater than 30 inches in height. ■ Recommendation: On March 13, 2024, the Planning Commission passed a motion to recommend approval of this request by a vote of 8 to 2. 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning & Community Development prior to the recordation, which shall be in substantial conformance to the submitted exhibit entitled "PRELIMINARY SUBDIVISION OF LOT 8 BROAD BAY COLONY," prepared by Gallup Surveyors & Engineers, dated April 13, 2022, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. The exterior of the proposing residential dwellings shall substantially adhere in appearance, size, colors, and materials to the elevations entitled " PROPOSED TWO STORY FRAME SINGLE FAMILY DWELLING PREPARED FOR RICK ELLIS LOT 8A", prepared by Fentress Home Design, dated 7/11/2022, " PROPOSED TWO STORY FRAME SINGLE FAMILY DWELLING PREPARED FOR RICK ELLIS LOT 8B", prepared by Fentress Home Design, dated 7/11/2022, and renderings entitled "ELLIS — LOT 8A — 1-17-2024" and "ELLIS — LOT 8B — 1-17-2024", which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. The applicant shall reserve for dedication to the City toward making Broad Bay Road a minimum 50 feet wide. Said reservation for future dedication shall be a minimum of five (5) feet wide along Broad Bay Road that fronts the proposed lots, and the dedication shall be completed prior to the development or redevelopment of any of the proposed lots. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Letter(s) of Support (7) Carl R. Ellis, Jr. Page 3 of 3 Letter(s) of Opposition (30) REVISED Exhibit w/Visibility Easement dated 05/29/2024 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager: Applicant& Property Owner Carl R. Ellis, Jr. Agenda Item Planning Commission Public1 City Council District 8 IB 10 Virginia Beach Request Subdivision Variance (Section 4.4(b)of the Subdivision Regulations) T, Staff Recommendation N Approval a �in��KRosd Staff Planner `ymha enp�Ne Neyto^aoaa Marchelle Coleman > �a e� Location a Q G 2620 Broad Bay Road d v A GPIN a 1499688214 Site Size �f 26,681 square feet !� Thomas 8i shop lane AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning Districts Single-family dwelling/R-10 Residential Surrounding Land Uses and Zoning Districts ,; v Northa �M Q Single-family dwelling/R-10 Residential South Broad Bay Road • o Single-family dwelling/R-10 Residential East "� +p a. Single-family dwelling/R-10 Residential West Single-family dwelling/R-10 Residential Carl R. Ellis,Jr. Agenda Item 10 Page 1 Background Summaryof Proposal • The subject lot is zoned R-10 Residential District and is currently developed with a single-family dwelling.The lot was established by plat in March 1952 (M.B. 29, PG.48), prior to the adoption of the City's Subdivision and Zoning Ordinances. • The applicant seeks to subdivide the property to create two residential lots. While both lots would meet the 10,000 square foot minimum lot area requirement,the lots will not meet the lot width requirement of 80 feet measured at the 30-foot front yard setback.Therefore, a variance to Section 4.4(b) of the Subdivision Regulations is required. • As shown below,the proposed lots, Lots 8A and 86, meet the dimensional standards for properties in the R-10 Residential District,except for the minimum lot width requirement. Required Proposed Required Proposed ProposedMinimum Minimum Street Line Street Line Minimum Proposed • i R-10 R-10 (square feet) (feet) (feet) (feet) (feet) (square feet) Lot 8A 80 79.03* 64 85.02 10,000 12,757 Lot 813 80 78.51* 64 84.77 10,000 10,924 *Variance Requested I �,• t J'I R-f a Zoning History fl_ 10 U � # Request 1 SVR(Creation of new lots without direct access to public street)Approved 01/22/2002 2 SVR(Lot width reduction)Approved 05/13/1997 .toc� _ 3 SVR(Creation of new lots without direct access to public street)Approved 01/28/1997 I _ _; 1 s r Application Types CUP—Conditional Use Permit MDC—ModificationofConditions STC—Street Closure SVR—Subdivision Variance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—Conditional Rezoning NON—Nonconforming Use ALT—AlternativeCompliance STR—ShortTermRental Evaluation : Recommendation Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. Carl R. Ellis,Jr. Agenda Item 10 Page 2 C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. The request to address the reduction in lot width for Lots 8A and 8B is, in Staff's opinion, acceptable. Staff believes the proposed lots will not be out of character with the surrounding area and finds the variance request to be compliant with the conditions of Section 9.3 and consistent with the Comprehensive Plan's vision for the Suburban Area. Development within this area focuses on creating and maintaining great neighborhoods.Achieving this goal reflects on the ability for developments to maintain and enhance the existing neighborhood,to be compatible with surroundings, and provide quality and attractive buildings with effective buffering and livability. Staff finds the proposed buildings to be high quality and attractive. Condition 2 is recommended to ensure that the design and exterior building materials shown are developed in substantial conformance to the elevations, as conditioned. As stated previously, it is the intent of the applicant to subdivide the 23,681 square foot site into two lots for the development of two single-family dwellings, which requires a variance to the lot width requirement of 80 feet. Proposed Lots 8A and 8B meet all the dimensional requirements of the Zoning Ordinance for the R-10 Residential District, except for the lot width requirement, both of which are just shy of the required 80 feet. Section 4.1 (m) of the Subdivision Regulations, requires a 50-foot right-of-way width; however, the existing right-of-way is currently 40-feet wide, as originally platted in MB 29, PG 48. The applicant has agreed to provide a five-foot right-of-way reservation, as noted in Condition 3. The applicant is agreeable to this condition that the reservation for the road width will occur and will take place immediately after the plat is recorded and prior to any development of the lots. A reservation for this future dedication will be shown on the subdivision plat. Based on these considerations,Staff recommends approval of this request with the conditions listed below. Recommended Conditions 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning&Community Development prior to the recordation,which shall be in substantial conformance to the submitted exhibit entitled "PRELIMINARY SUBDIVISION OF LOT 8 BROAD BAY COLONY," prepared by Gallup Surveyors& Engineers,dated April 13, 2022, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning&Community Development. 2. The exterior of the proposing residential dwellings shall substantially adhere in appearance,size, colors,and materials to the elevations entitled "PROPOSED TWO STORY FRAME SINGLE FAMILY DWELLING PREPARED FOR RICK ELLIS LOT 8A", prepared by Fentress Home Design, dated 7/11/2022, " PROPOSED TWO STORY FRAME SINGLE FAMILY DWELLING PREPARED FOR RICK ELLIS LOT 813", prepared by Fentress Home Design, dated 7/11/2022, and renderings entitled "ELLIS—LOT 8A—1-17-2024"and "ELLIS—LOT 8B—1-17-2024",which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning&Community Development. 3. The applicant shall reserve for dedication to the City toward making Broad Bay Road a minimum 50 feet wide.Said reservation for future dedication shall be a minimum of five(5)feet wide along Broad Bay Road that fronts the proposed lots, and the dedication shall be completed prior to the development or redevelopment of any of the proposed lots. Carl R. Ellis,Jr. Agenda Item 10 Page 3 Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application ore valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the "Suburban Area." Guiding principles have been established in the Comprehensive Plan to guard again possible threats to the stability of the Suburban Area and to provide a framework for neighbors and places that are increasingly vibrant and distinctive.The Plan's primary guiding principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. ResourcesNatural & Cultural • . This site is located in the Chesapeake Bay watershed.There does not appear to be any significant natural resources or cultural features associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Broad Bay Road No Data Available 1 No Data Available 1 Existing Land Use 3-10 ADT Proposed Land Use —20 ADT 'Average Daily Trips Z as defined by one single-family 3 as defined by two single-family dwelling dwellings Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Broad Bay Road is a two-lane residential street. No CIP projects are planned for this area. Public Utility Impacts Water Each proposed parcel must connect to City water with a separate and exclusive water service line and meter.The existing water service line may be reused or must be abandoned. There is an existing 12-inch City water main along Broad Bay Road. Sewer Each proposed parcel must connect to City sanitary sewer with a separate and exclusive sanitary sewer lateral and cleanout. The existing sanitary sewer lateral may be reused.There is an existing 10-inch City sanitary sewer gravity main and a 6-inch City sanitary sewer force main along Broad Bay Road. Carl R. Ellis,Jr. Agenda Item 10 Page 4 Public Outreach Information Planning Commission • The applicant reported that they met with the surrounding property owners. 8 letters of support have been received by Staff. • As required by the Zoning Ordinance,the public notice sign(s)was placed on the property on February 12, 2024. • As required by State Code,this item was advertised in the Virginian-Pilot Beacon on Sundays, February 28, 2024 and March 6, 2024. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on February 26, 2024. • This Staff report, as well as all reports for this Planning Commission's meeting,was posted on the Commission's webpage of Nww.VirginiaBeach.gov/pc on March 7, 2024. City Council • As required by City Code,this item was advertised in the Virginian-Pilot on Tuesdays,June 4, 2024 and June 11, 2024. • As required by City Code,the adjacent property owners were notified regarding both the request and the date of the City Council's public hearing on June 3, 2024. • The City Clerk's Office posted the materials associated with the application on the City Council website of https://clerk.virginiabeach.gov/city-council on June 14, 2024. Carl R. Ellis,Jr. Agenda Item 10 Page 5 4. k NOWOR OW FORMERLY N OR FORMERLY ANNA S MELICHAREK JON R.FLOYD LIVING TRUST I.N.20200,00000101aM I N.1O Hm,Npp00 LOT 10,BROAD BAY COLONY LOT T.BROAD BAY COLONY LOT zs.PG.4e .. ma 26.PG.b GPIN:149k2- 1LT N GPIN 14Ba6aJ1414 1\ Ai N WIO'01'E 111]7' / �Y I. NOW OR FORMERLY DAVID A.DU&NSKYB FLOOD ZONE AE E CAROL E.DUBINSKY /' N (BASE 7 FEET)I n.zD1e172e091De6e90 $ .. - - -'-- LOT B.SUBDM RIXE END RD SION OF LOT 24, IC ROW OR Fd1M[ar BROAD . POINT $ DENNIS JAMES JANUCFKI& GNN14+7 P+w�ezmzn = IOWS HALLEMCCLELLANDJANUCHOWSKI I.N,20210000400e SITE DATA, OWNER, CARL RICHARD ELLS,JR. r vA LOT Ilk SUBDIVISION OF LOT 11, 2020 RROAO BAY ROAD \ BROAD BAY COLONY VRCMM BEACH.VIRGNIA 23151 FLOOD ZONE X M.W 2Ta IG 1 (757)319-18R2 GPIN 14E9Ak�[Z1a rlckMfipyeMgmell.cem .LDGTION MAP,. .SGLE:1"�2,000' 2. GPIK:1499-6e-8214 / 1�5'� 3. ZONED:R-10 E7'12-e10 FRONT SETBACK: 30 FEET / SIDE SETIMCK. 'to FEET REM SETBACK: 20 FEET MINIMUM L07 AREA: 10.000 SF MINIMUM LOT RUTH: 80 FEET STREET LIKE FRONTAGE: 64 FEET ALLOWABLE LOT COVERAGE:30 PERCENT 4. LOT AREA: >< LOT 8A 12.757 SO,FT. 0.293 ACRES NOWORPORMERLY LOT 88 10-924 90,FT. 0.251 ACRES PARKER S.JARVIS S S J -al TOTAL 23,6e1 SO.FT. 0.544 ACRES LAURA C.CAMLL � C•C'k- S. THE PROPERTY D=FALL M A SPECIAL FLOOD HAZARD AREA AS SHOWN ON THE N.]O1TOe16000710310 AQ FEDERAL EMERGENCY MANAGEMENT AGENCY.FIAT101NL FLOOD INSURANCE PROGRAM. t LOT 25,BROAD BAY POINT ` FLOOD INSURANCE RATE MAP FOR THE CITY OF VIRCRM BEACH.COMMUNDY PANEL ` M.B.22 PG.Ie 4F 1I�y NWBER 515531-0043 G_DATED JANUARY NFL 2015.THE PROPERTY FALLS IN GPw UBaa66193 QLO4 FLOW ZOMES X d ME(ELm7.0). r �`yY10� 6. THIS SITE LIES WITHIN AIRCRAFT ACCIDENT POTENTIAL ZONE WA AND/OR NOISE 1 ZONEES)X E AND WAY DE SUBJECT TO ALRCRAR ACCIDENTS NIO/IXt / ABBOOVYCC NOISE LEVELS DUE TO ITS PROXIMITY TO AIRPORT OPERATIONS Q IIOIY ATTENWTION MEASURES FOR NEW CONSTRUCTION MAY BE RECURRED IN 41F ACOOROTTCE WRH THE AIRPORT NOISE ATTENUATION AND SAFETY ORDMWCE AND HEIGHT RESTRICTIONS NAVE BEEN IMPOSED M ACCORDANCE WITH SECTION 202(b) OF THE CITY ZONING ORDINANCE. A 7. THIS PLAT WAS PREPARED WRMOIR THE KNEW OF A TITLE RFPOW AND MAY NOT DEPICT AL MATTERS AFFECT THE PROPERTY SHORN HEREON. 6. THIS PUT IS A COMPILATION OF DEEDS AND SUBDMSION PLAT OF RECORD AND DOES NOT REPRESENT A MELD SURVEY. CITY WATER k SEWER 5 AVAILABLE TO THE SITE 1j 1 0 1.Al"Ja `� gso�g Me.aAP�e _ PRELIMINARY SUBDIVISION OF APPRoxIMTE LOT 8 MOE OF WATER BROAD BAY COLONY w V e BEACH,`� HRGMIA BEACH,NRPRIL SCALE 1"=30' APR[ 22 REVISED: FFB18URY R1'6.6.2024 D MN1 0 30 60 90 GALLAIV ED O7 kMRV[Youa[NOILMeR[ .v FwFH ML RA[r xlww_Pwo I, N<I YRANw1G4L MRP xv.DHM m1N>•Amnr.WSY.wcw SAFFI I0F2 CL DO �^ M I A 0) 0 NOWOR FORMERLY NOW OR FORMERLY ANNA S MELICHAREK JON R.FLOYD LIVING TRUST �.N.2UmU1.]8WB11 MW I N.202103 ROW LOT 7,BROAD BAY COLONY ' LOT 10,BROAD BAY COLONY N.B.29.PG.0 .29,PG.ae ,GPM.,.94Ba.Bi. N a G%N.11B88aa1,9 a N a8'1 O'01'E 55.Ba' yS.69' HONOR FORMERLY DA R A..DUBINKY 8 5 CAROL E.DUBINSKY 20 5/B m FLooO ZONE AE I.X.20,812m001090590 y PROPOSED - (BASE 7 FEEt) $ LOT B M.SUBDSION OF LOT 24. LOT BBN Y N09v OR FGaMEaLr BROAD BAY POINT $ PROPOSED I. 12'.18' DENNIS JAMES JANUCHOWSKI 8 M a.47.PG.D GP%-.1a99-0B32]7 S a LOT 8A \ L I PORCH HALLE MDCLN 2WIW JANUCHOWSKI N jj15. I.N.2 0210 0 0 010® E 1]1r LOT 11A SUBDBASION OF LOT 11. PRO. BROAD BAY COLONY FL000 20NE% / 2_Sl�ry N.8.ma PG.1 RESIDENCE I1 GPM'.,a8B868219 9'.12' I / N 12'08' I PGRCH PORCH o "At IB.0 m PROPOSED 2-STORY RESIDENCE E'.12' = PORCH NOA'ORFONMERLY PARKER S.JARVIS d $ DRNEwAr \ LAURA C.CAHILL -I --1 1ti•vow I.n.28,78FmGw7]osw n f:�y � \O LOT 25,BROAD BAY POINT f ,10anS '3 I ♦ O Q GPIN:Ia9Bd8-019] �' L-27.09' CONCRETE 0 /,0p / mo AY OOP�S. OP o Lg ap < .p D m 1� O Bp,Y RON TB eROPO M87' �, PRELIMINARY SUBDIVISION APPROM-1E OF EDGE OF WATER LOT 8 BROAD BAY COLONY D COVE �� M B 29,PG 48 VIRGINIA BEACH.VIRGNIA (� y SCALE 1'-3W APRIL 13.2022 1 linPhic Malt Q a 30 60 go (;ALLUP S31 Z7 I �� auRv[rata a Flai1HEF118 TIN'-me .. m trace-bAel YRo.:�i+rnafwv.>. SHEET 2 or 2 FD — pF7we.na nsr,.w>Ne:.. aj (D �l O � Proposed Building Rendering for Lot 8A liv tl p NMI_ - IiVI ■■� ■S■ _ _ — IIIIIIIYIIIIIIYI�lilllllil; �, V. . �. m � s C'i� Proposed Building Elevation for Lot 8B X� Z` y Y o-, x " 9� J� Y f� -- r I - ------- is. l: M III C: : I C loll low _ Illlllfli III Site Photos rp y 4.1 y t •�.G. yy{y �a� r. i a f 1• t r , Disclosure Disclosure Statement Planning&Community ' Development - The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a City board,commission or other body. Applicant Disclosure Applicant Name Carl R.Ellis,Jr. Does the applicant have a representative? i Yes ❑ No • If yes,list the name of the representative. R.Edward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy P C Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business?❑Yes 0 No • If yes,list the names of all officers,directors,members,trustees,etc.below. (Attach a list if necessary) • If yes,list the businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach a list if necessary) "Parent-subsidiary relationship"means"a relationship that exists when one corporation directly or indirectly owns shares possessing more than SO percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,VA.Code§2.2-3101, '"Affiliated business entity relationship"means"a relationship,other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(it)a controlling owner in one entity is also a controlling owner in the other entity,or[hi)there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities,resources or personnel on a regular basis;or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act,Va. Code§2.2-3101. Revised 11.09.2020 1 1 Carl R. Ellis,Jr. Agenda Item 10 Page 11 Disclosure Disclosure Statement _z Planning&Community Development Known Interest by Public Official or Employee Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development contingent on the subject public action?❑Yes N NO If yes,what is the name of the official or employee and what is the nature of the interest? Applicant Services Disclosure 1. Does the applicant have any existing financing(mortgage,deeds of trust,cross-collateralization,etc)or are they considering any financing in connection with the subject of the application or any business operating or to be operated on the property? ■Yes ❑No • If yes,identify the financial institutions providing the service. PNC Bank 2. Does the applicant have a real estate broker/agent/realtor for current and anticipated future sales of the subject property? ❑Yes ■No • If yes,identify the company and individual providing the service. 3. Does the applicant have services for accounting and/or preparation of tax returns provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes 0 NO • If yes,identify the firm and individual providing the service. 4. Does the applicant have services from an architect/landscape architect/land planner provided in connection with the subject of the application or any business operating or to be operated on the property?❑Yes ®NO • If yes,identify the firm and Individual providing the service. 5, is there any other pending or proposed purchaser of the subject property?❑Yes N No • If yes,identify the purchaser and purchasers service providers. vised 11 09.2020 2 1 Carl R. Ellis,Jr. Agenda Item 10 Page 12 Disclosure Disclosure Statement X1 cgV4f1'i'V m8--h ;�. . Planning&Community Development 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property?9 Yes ❑No It yes,identify the company and individual providing the service. Metro Associates,Inc.,Frark Stegemann 7 rinn�thn anrlirnrr havr an<naineurlc,srvrs;:r..•!^cant In rnnn—trnn,with them vihiort of tha-4nnfiratinn nr iry himinpca operating or to be operated on the property?Ut Yes ❑ No • If yes,identify the firm and individual providing the service. eauup Surveyors, David_Butler S. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?M Yes ❑No 11 c iH.r,I ifv the firm i-i mdmiri:r_I nmvir!inn th:=cnn,irn F.[dward Bourdon,Jr.,Esq.,Sykes,Bourdon,Ahern&Levy,P.C. Annnront Vana4rtr® I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the infnrmnifinn—mid—!heroin t-n w..k�n-inr tc the mp cfinp of Plan,einp r'nennin-inn fitu Cn!wril viina PAPA 4A!pi iand{ PnaM or any public body or committee in connection with this application. �. - r., —a "NNnwni.spSnatu e G Rick Ellis Pdnt Name and Tkl• Q71!77 Date Is the applicant also the owner of the subject property? 9 Yes ❑ NO If wx v—do not npprl fn fill n,,t the nwno,rfi rimrrrp ctAtpmont FOR ONLY/ applicationsthat pertains to the ' No thanpes as of Date R sl"'m 5/28/2024 �r�,t"aroe IMarchelle L. Coleman Revised 11.09.2020 3 ;e Carl R. Ellis,Jr. Agenda Item 10 Page 13 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-5692. • Please note that further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/ Permits and Inspections Division,and the issuance of a Certificate of Occupancy, are required before any approvals allowed by this application are valid. • The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Carl R. Ellis,Jr. Agenda Item 10 Page 14 Virginia Beach Planning Commission March 13, 2024, Public Meeting Agenda Item # 10 Carl R Ellis, Jr RECOMMENDED FOR APPROVAL Madam Clerk: Okay, our next agenda item is agenda item number 10, Carl R. Ellis Jr., a subdivision variance of section 4.4(b) of the subdivision regulations at 2620 Broad Bay Road in District 8. Mr. Bourdon: Madam Chair, members of the Planning Commission, Eddie Bourdon Virginia Beach attorney represent Dr. Carl Ellis Jr. who's the applicant on this case. I have given you all, provided you all a lot of handouts. I think it's extremely important that you take a moment or two to review them. I'm going to discuss them with you. But start with very simply, Ms. Ellis has owned this property for many, many years. It is a parcel that was created on the original subdivision plat of Broad Bay Colony, which I've given you a copy of. It happens to also share its western boundary with a prior subdivision, different subdivision, different development called Broad Bay Point, and at that, where the two come together, the two parcels that were developed by separate developers on separate flats, you'll notice that the road,which I've circled on that plat in orange makes an extreme immediate turn to the northeast, and not even a turn, and creates a situation that is really the contributor to the need for this one de minimis little variance. You'll note that the two lies to be created both exceed in one case by 2,750 square feet, and the other by 924 square feet, the minimum lot size. The street frontage, you will also note 85.02 feet and 84.77 feet. It is only at the setback that one is a little less than a foot short, and the other is a little less than a foot, and a half short, but the lots are well, much larger than, than the 10,000 foot requirement. The homes are very attractive. They're also will be expensive, and they're also in keeping with the redevelopment that has been occurring over decades in both Broad Bay Colony and Broad Bay Point. Staff recommendation is acceptable. The conditions are acceptable. Most importantly, this is what has been an ongoing redevelopment over many, many, many years. You will note on what I handed out to you, a lot of lots that are, outlined in yellow, and have either the 1, 2, 3 for the 3 that were the 3 subdivisions, 1 being a 3 lot, other two being 2 lot, re-subdivisions that were done from the original platted lots, and the others labeled A through G being subdivisions of existing original lots under these plats that were subdivided into two lots of which there are I believe 22. There are 22 current lots just on this little postage stamp on the composite map. That are highlighted,that were subdivisions of the original parcels as platted in in the plats that I gave you, and I've highlighted those original on those two plats as well. This is absolutely the way that the newer, more valuable homes have developed at, and not on slabs, but up, and let me hasten to answer a question that was asked this morning. This property, the only CVPA impact is on the front. Of the property, not where the houses are to be built. There's no RPA encroachment at all with these two lots. The property next door, I've labeled G, and I've provided you with the subdivision plat of that property that was done in the year 2000. That piece of property had just barely 20, 000 square feet, and two lots that were created that just barely get over the 10,000 square feet. Very, very much similar to these only smaller. No right-of-way dedication or reservation, even though the subdivision order is the same then as it is now, was required. Had it been, they wouldn't have had, 10,000 square feet per lot. The lot that's labeled one, the two lot subdivision there, there's no road frontage. That was a variance for that one. The variances on lot two, or the variance on lot two was for a 70 feet lot width, instead of a 80 feet lot with granted, and again the three, which is kind of off the side Bay Road that also was a lot frontage variance to not lot frontage, on a public street. So, the notion that this is somehow, I'm going to set some precedent, not at all. This is the type of organic redevelopment that we're blessed in the City of Virginia Beach to have. This property has been zoned R-10 since we got, since we've had zoning. It just so happens that it was platted before we had zoning or subdivision ordinance, if we'd had a zoning and a subdivision ordinance, the issue with the starting of this plat, and the road the way it begins, which creates the problem would not have occurred, but we didn't have a subdivision ordinance when these subdivisions were put to record back in the early 1950s, but the simple fact of the matter is there, of the people who, and I've given you petitions of folks who are in favor of this application, the folks who've given you opposition, 13 of those people that y'all had the map bought this morning with the stars, 13 of those are on lots that are re-subdivisions of original lots, and these roads are not 50 foot roads on Bay Island, they're narrower right of ways, and the value difference is incredible. The property adjacent that I've listed is G. It's given you the addresses, and it's got, it's got actually a picture of both of the houses. The original, before it was subdivided into two lots, the land was valued at 100,000, just the land, and the, the year after it was subdivided, each lot was worth 130,000 or 260,000. The houses on those lots today, the lots are worth 400 or assessed at $431,000 to $432,000 each, and the total values are $790 and $770. The lots at number two, those lots are all and the houses are all well over a million, and when the property was subdivided into three lots, the value of the whole thing was in the mid-four range. So it's organic redevelopment, and the houses that were built originally have zero stormwater. There was no stormwater ordinance for many years after these plats, even after we had zoning. So the redevelopment, as it's been occurring, at least on those lots, there is, and they will be required for quality reasons, for stormwater quality, they will have to implement BMP's for that. They're not on site holding of the water, other than to meet the quality requirements. So that's another benefit. So there will be stormwater quality benefit, by the redevelopment of this lot, just as been the case with the majority of the other ones that are noted on the exhibit I have passed out to everyone, and so just to be clear, when I read this petition, there's a lot of things in there that are just not factually accurate with the history of these properties, and these two subdivisions on the Bay Island, and these will be high quality homes that will not do anything other than. The negative is, it continues to increase in property values, and the taxes that along with it. I will be happy to answer any questions? Ms. Cuellar: Thank you. Are there any questions? Mr. Mauch? Mr. Mauch: How many of the 22 previously subdivided lots are opposed to subdividing? Mr. Bourdon;There're 13, that I counted on the map, because I had all those map. There were 13 of those including Ms. Black, who subdivided lots directly adjacent to Dr. Ellis. Ms. Black tried to get Dr. Ellis to provide her with some additional land because the initial survey that she had done on her property actually indicate that she had less than 10,000 square feet. Then she had another surveyor go out and survey it to determine that she had a little more than 10,000 square feet, but Dr. Ellis knew that, you know, if he was gonna subdivide what she planned on doing he needed every inch of the width, so he couldn't give her property off of his east side, so she would have 10,000, but then, a surveyor certified that she did have 10,000, a little over 10,000, but that was without having to do any right-of-way dedication, which Dr. Ellis is able to do. Mr. Mauch: Maybe this is for staff, but with what he's provided about this being done before a President already being there? Is that the case in your eyes? Ms. Cuellar: I don't have a copy of what was provided because I wanted to make sure there was enough for the group. Mr. Mauch: You can answer that question after review. You don't have to wait. Seems like Commissioner Byler might have a question in the meantime. Ms. Cuellar: Commissioner Byler. Ms. Byler: Attorney Bourdon, you indicate if I heard correctly that there were 13 other lots of this, and they're now opposing, but in fact, they're sitting on redeveloped lots, correct? Mr. Bourdon:Thirteen of the people who sent in the form letters, they all sent in, are people who live in houses on lots that were created by dividing the original lots. Ms. Byler: Previously re-subdivided. So are all 13 of those lots that did not meet the minimum 80 foot width requirement? Mr. Bourdon: No, I didn't suggest that. I didn't suggest that. It's a character of the neighborhood argument, and that they'll devalue, that there'll be cheap lots, that those, that are set forth, but there are three just in this area. There are others, there are others on Bay Island. These aren't the only three that were approved, these subdivisions that were approved with variances either. There are other, this, I just used this --just this little subset. There are plenty more. I didn't do the whole, you know, the whole Bay Island. This was sufficient to show that it's, it's in character with and it's, again, it, these lots, you know, these two lots are well over 10,000 square feet versus, and that's with giving the city a right-of-way, you know, dedication,which couldn't be done next door. They wouldn't have had -- they wouldn't have had 10,000 square feet, and these are lot. Ms. Byler: Right. So they're in excess of the square footage requirement, but they still do not meet the 80 feet width requirement. Mr. Bourdon: Don't meet the 80 feet width at the 30 feet setback. Ms. Byler: I just wanted to make sure we weren't--that we were comparing different items because they're not the same. Those 13 who objected. Mr. Bourdon: People are free to object. I'm no one suggesting, that I didn't say they couldn't object. I simply said that the basis for their objections stated in their form letter isn't accurate. These aren't cheap lots. It's not changing the character of the neighborhood. They're -- it's been going on in this neighborhood for decades, and will continue to. Ms. Byler: It's just that these lots don't meet the 80 feet required minimum. That's the distinction. Some have been approved with variances because they don't meet street frontage or lot width. Not just these three that are shown in, that the city has noted in that area, there are others on the island that are in the same. Whether or not anyone, and I didn't look. I mean, it's possible. I don't recall trying to make the determination, I was looking in there, and you had the red stars up there, but actually, I do think that I am pretty sure, one of them, but I had to look at the map with the red stars with the one they got the 70 foot, the lot, not the person objecting, that has the lot with the 70 feet frontage instead on the opposite side of Broad Bay Road. Ms. Cuellar: Any other questions? Madam clerk, do we have any speakers on this item? Madam Clerk: Yes, ma'am, we have Stacy Lawler, followed by Robert Lawler. Mr. Lawler: Good afternoon Planning Commission. My name is Rob Lawler. I'm a homeowner at 2032 Long Creek Road in Bay Island. I live within 500 feet of the proposed variance request to allow for the subdivision of a lot at 2620 Broad Bay Road to build two homes. I am here to strongly oppose the subdivision and variance requests. I believe, and my neighbors believe, this request sets an incredibly poor precedent for all planned neighborhoods in Virginia Beach. All zoning laws are enacted for a purpose, and this is especially true, for residential neighborhoods. When these laws are not protected, it compromises the reason people purchase and invest in their communities. The existing lot minimums are in place for a reason. When you start compromising with variance, especially when it's significant, it's building two homes on a lot zone for one, you put the integrity of all neighborhoods on a slippery slope. It is very important to note, 30 neighbors within 500 feet of 2620 Broad Bay Island are very much opposed to this variance request. Conversely, there is one residence within 500 feet in favor. Simple math, 30 against, 1 in favor. All viewers sent copies. A Form Letter that was personally signed, read, and commented on by the 30 people post this variance request. These letters were mailed to Marchelle Coleman, Planning Development City Planner, Virginia Beach on March 7th. Ms. Coleman said she would forward these letters to the Planning Commission, and City Council for review prior to this meeting. I'm assuming you all had a chance to review them. A few, or in this case, the one, should not take precedence over the vast majority of neighbors near the property who opposed this variance request. It's a simple argument. The laws are the laws. Zoning laws are in place for a reason, and I'm asking, on behalf of myself, and the 30 people opposed to this variance, to simply maintain the integrity of the established zoning laws in place. Thank you for your time. Ms. Cuellar: Thank you very much. Madam Clerk: Beth Dubinsky, and Dennis will follow Beth. Ms. Dubinsky: Hello, my name is Beth Dubinsky, and I live at -- my husband and I own 2030 Long Creek Road, and it is adjacent to 2620 Broad Bay Road. The handout that I'm giving, Mr. Ellis Rick's house is in the middle. The Jarvis's house is next to the White House, and then my house is the one that's pinned, so the majority of my backyard butts up next to Rick's backyard. Both my husband and I,we strongly oppose this request for the zoning variance to subdivide the property. I've only been on Long Creek Road since about 2016, and we were drawn to the property because of the charm of the neighborhood, and the privacy of the backyard. I respectfully disagree that the way of the neighborhood is keeping those, you know, half acre lot, people are bulldozing and building new, which is exactly what my husband and I did. We moved into a house that was built in 62, bought it from the children of the original owner, and much to our surprise, the none of the wiring, and the plumbing was up to code, so we had to do something. We didn't even think to subdivide our lot. We wanted to keep the integrity of the neighborhood and our privacy. I think it is an expectation that when you buy a piece of property in an established neighborhood such as Bay Island, that the property lines that have been there for decades will remain the same. Our backyard, like I said, does directly face Mr. Ellis's backyard and the proposal that he has to put the houses on there is going to, this two story house is going to directly overlook our backyard, and I know that some houses are like that, and that they buy, you know, but that's not the piece of property that we bought, and there's no guarantee how far back on the property he's going to go. I know in the letter that he sent to, you know, walked around the neighborhood, he said that he was going to set the houses as far back as he could on the property, that's going to be right up to my backyard. I would also like to point out that six of the seven letters in support of the variance request live quite far away our pieces of property. There, you know, some of them are almost a mile away, and that's not gonna affect their daily life and their property. When they go out and sit in their backyard, they're not gonna worry, you know, someone staring down at them. That's about all I have to say, and I just appreciate the time today to speak and have you listen to my thoughts on this issue. Ms. Cuellar: Thank you very much for being with us. Any questions? Madam Clerk: Our last speaker is Dennis Janikowski. Mr. Janikowski: Good afternoon. I'm Dennis Janikowski. Thank you for hearing my perspective today. I am one of the people that is on the next door. I live next door to Rick Ellis. I'm on the subdivided lot that Ms. Black separated years ago. Interestingly, on our size of our lot, there's no windows on the side that were so close to Barbara Black, but on the side of the house facing Rick Ellis, we've got bedroom windows, kitchen windows, living room windows. So part of our personal concern is for our privacy. I have passed out a few things that are maybe also discuss what the lawyer had brought up. For one, I think when you, we bought on the island because when you drive around there, it has character. There's one road in, one road out. The Planning Commission details did not discuss traffic, but the city's been studying traffic and speeding on the island for the last 20 years, and it's a problem. They're about to put in eight speed tables in our neighborhood. So more density in our neighborhood is not super desirable to a lot of people. That's why I think we focused, we went around and with the "Form Letter" and asked the neighbors, the only neighbors within 500 feet. We didn't go out to friends and family that are somewhere else in the neighborhood, and 30 people said that they were opposed to this. They did not want increased density. They did not support the idea of dividing lots. So one of those handouts has just probably the same thing your stars had, but it was reflecting how many people within 500 feet that answered the door because not everybody, the other people didn't oppose only one person. There were two people who opposed, one of them changed their mind, and rather supported. One changed their mind and opposed later on. When it comes to the division of plats that the lawyer brought up, that may be true, or I believe it's true, but I don't know when that happened, but if you drive around the island today, you will see that there are certain homes that it looks like, yep, that's a split lot. One of those handouts that's in there is, I think it's 2000 White Hill Road, and 2029 Hackberry. That's an example of a typical what people are doing when they split the lots. When we moved into the island in 2003, we've been there 24 years. In 2001, we were told there were 384 homes on the island. I've heard recently that there's 410. 1 can't verify that, but it does say that there has been some precedent for splitting homes. What you normally see when people split homes is they split it with a pretty big nicer home, or they knock down a ranch, and they put a pretty big nice home on that ranch. One of those drawings, I think the context if you just look at the plat that he's suggesting or wants to build on, it doesn't consider the lots that are next door or nearby. So I ask a CAD expert to draw that. I wanted to see what my land and my house looks like right next to his, in part to understand the privacy implications, the flooding implications, what we might have to do to put up landscaping. So we're not looking into their yard, et cetera. Part of what we see in that drawing is a place in our yard. We're like the low part of the saucer bowl. Where we have flooding is kind of right up close to where his house is. So, if they raise the land or if water is not dripping through the way that it does today, we risk increased flooding to our piece of land. I know we're going to have to put in landscaping and suffer costs if we need to, add to the privacy that we have today. So those are personal impacts. Most of what I've been thinking about over the last weeks, and as I talked to all the neighbors was the precedent to the neighborhood. One that drawing that has my house, and the two of his, you will see at least from a Square footage of the footprint of the property. Ours is like 22,00 square feet, and the property adjacent to us would be 1,530 square feet. So that's about 70%. That's also 70% of what he has on the property today. So, it's not putting a nice big house in there, like is the precedent that I'm used to seeing on the island. Thank you very much. Ms. Cuellar: Thank you very much for being here. Excuse me, we have a question. Commissioner Plumlee. Mr. Plumlee: Do you know if there's any private covenant restricting these lots from subdivision or to a one-single family home? Mr. Janikowski: I don't know if I said in my intro, but I'm an IT guy who happens to live next door, and cares about our neighborhood, and I don't know about that. Mr. Plumlee: But with regards to your title when you bought your house, you don't recall there being a covenant saying this is restricted to one dwelling on this one lot? Mr. Janikowski: No, but I mean, our yard so there was commentary about 20,000 square feet that got divided into two pieces and, both being, I guess, just barely above 10,000. We think rules are rules, and if it's 10,000, it's a good enough, if the minimum wasn't good enough, it wouldn't be the minimum. Mr. Plumlee: So it's not subdividing, it's just simply the size of the lot. Mr. Janikowski: On our lot, I think you're asking. Mr. Plumlee: With regards to this proposal, I don't want to mistake you. You're saying, you object to it subdividing because of the size of the lot, not because of the actual subdivide, was that fair? Mr. Janikowski: We object to the division of the lot because it's not meeting the code. There's no homeowner's association to enforce what is supposed to happen about the look and feel of our neighborhood, except for the zoning laws. He does not meet the frontage requirement. There was commentary that we don't meet the frontage requirement, but that must not have been a requirement when our house was built, so I can't do anything about that. Mr. Plumlee: Understood. Ms. Cuellar: I think we needed this back. There's a little note. Madam Clerk: That was our last speaker, Madam Chairman. Ms. Cuellar: Thank you very much. Madam Clerk, did you say that was the last speaker? Okay, thank you. I'd like to open this up for discussion. Mr. Bourdon: So just to be clear, there is no, there are no deed restrictions that restrict the division of lots in either of these two original neighborhoods, and these homes that are proposed will meet all setback requirements,and they don't exceed or even get to the height limit. The issue or the concern about, somebody being to look into your backyard that exists everywhere, and there's again, there's nothing non-conforming about these two lots, other than the width at the 30 feet setback, which is caused by the way the road was platted, which is a hardship, and it's unique to this piece of property. These issues sometimes, unfortunately, turn into popularity contests, but land use isn't a popularity contest. The fact that Dr. Ellis is not building a super large house, is then used as an objection. I don't quite get that. He could have built a bigger house, and have more rooms looking across the fence, or whatever the case may be, but the orientation, and the gentleman who spoke his, where he lives was one of the last that was subdivided. I don't believe, and I didn't assert that it didn't meet the lot square footage, nor the lot width from my,from what I understand. It's one on the opposite side of the street from him that that's the case, and didn't have the frontage on the street. There's been a varying interpretation over the years as to whether these streets, the side streets or public streets or not, and that's one of the reasons why there are a whole lot of variances on the island that aren't just shown here, because they, for many years, were not treated as being public streets. So, you're getting variances to split lots that didn't even have frontage on a public street, because the City didn't maintain them because they were way below the required width the street. That's not the case with this application at all, and as is demonstrated this issue that it's somehow going to be, you know, other than privacy, which isn't something that land use doesn't give you the right to restrict, what someone else can do on their property that might look into or be able to see whether they're looking or not, is irrelevant into your backyard. So, staffs recommendation is consistent with the development pattern that has taken place here. The variance is de minimis, and it will have no impact on the location of the dwellings on either lot at all, and again, the lots aren't being overbuilt at all, and there is no CVPA impact at all. Happy to answer any questions Ms. Cuellar: Commissioner Mauch? Mr. Mauch: I just wanted to get clarification on what he had said earlier, and I think y'all have had some time to research. What were the, was what he said, have there been multiple variances in this similar fashion? Ms. Gordon: Yes, there have been. We've looked just within about a 500 foot radius across the street on Broad Bay is the variance we spoke about this morning that has seven foot. There were three lots, and there was a seven foot deficiency, then there are other lots, maybe four more or four applications that encompass multiple lots, that either had no frontage on a public street, they are on private streets, or they constituted a flag lot. Mr. Mauch: Were there any that had multiple variances on multiple lots or variances on multiple lots? Ms. Gordon: Yes, there are some on Hackberry, Bay Road. As Mr. Bourdon mentioned some of these are private streets, so there is no frontage on a public street in those cases, and they cover multiple lots. Mr. Bourdon: I could add, we could have done this, so that one of the lots didn't need a variance and the other one did. I mean, the number, I mean, we tried to keep them so they were as absolutely close to everything as we could. That's why they're so de minimis. But, you know, that's the reason for it. Again, it's because of the strange angle of the road that we have this issue. Ms. Cuellar: Mr. Anderson. Mr. Anderson: Ms. Gordon, I don't think this matters too much, but I'm just curious. Is Dr. Ellis planning on living in one of these houses and selling the other? Mr. Bourdon:Yeah, yes, he is, yes, and he's in Richmond. He is testifying in a court hearing today. He wanted to be here, but, he hoped it would get settled, but it didn't get settled. But yes, that's correct. Ms. Cuellar: Thank you. Now we'll open it for discussion. Mr. Plumlee: I'll just put my thoughts in real quick. I think when it comes to the architectural character of a neighborhood, you look to the originators of the neighborhood. Typically, when there is an intent to restrict the size of the lots to one home, you'll find a private covenant even going back to the 40's and 50's before there was a City of Virginia Beach. Then the city overlays its policy of keeping the architectural character of a neighborhood. I've been through Broad Bay Island many times, and I've seen it, I think what is really unique about it is that it doesn't have a uniform character. There is not monotony in the design, and I don't find it offensive to subdivide this lot, to accommodate these, and make the small variance. There have been plenty of variances, so when we talk about precedence, I ask, what did the people who develop this neighborhood intend? It doesn't appear as though they intended to restrict these from being subdivided or they would have made -- many neighborhoods in Virginia Beach, have private covenants restricting the subdivision. There was a famous case Judge Morgan, who's now deceased, took all the way to the Supreme Court of Virginia trying to subdivide his lot in Bay Colony, but there was a private covenant on the property, and the Supreme Court upheld it, and even a federally appointed lifetime appointment couldn't overcome that straight up law. So, I would support this. Ms. Cuellar: Is there any other discussion? So I just wanted to comment, this is in my district. I find the opposition to be significant. I do think it's important that we respect our current zoning standards. So I'll be opposing this today. So, do we have a motion? Mr. Plumlee: I'll move to approve. Ms. Hippen: Second. Ms. Cuellar: So we have a motion by Commissioner Plumlee, a second by Commissioner Hippen. Is there anyone abstaining today? Madam Clerk? Madam Clerk: The vote is open. By a vote of 8 to 2, item number 10 has been recommended for approval. AYE 8 NAY 2 ABS 0 ABSENT 1 Alcaraz ABSENT Anderson AYE B ler AYE Cromwell AYE Coston AYE Cuellar NAY Estaris NAY Hi en AYE Mauch AYE Parks AYE Plumlee AYE CONDITIONS 1. The applicant/owner shall submit a subdivision plat to the City of Virginia Beach, subject to the review and approval of the Department of Planning & Community Development prior to the recordation, which shall be in substantial conformance to the submitted exhibit entitled "PRELIMINARY SUBDIVISION OF LOT 8 BROAD BAY COLONY," prepared by Gallup Surveyors & Engineers, dated April 13, 2022, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning & Community Development. 2. The exterior of the proposing residential dwellings shall substantially adhere in appearance, size, colors, and materials to the elevations entitled " PROPOSED TWO STORY FRAME SINGLE FAMILY DWELLING PREPARED FOR RICK ELLIS LOT 8A", prepared by Fentress Home Design, dated 7/11/2022, " PROPOSED TWO STORY FRAME SINGLE FAMILY DWELLING PREPARED FOR RICK ELLIS LOT 813", prepared by Fentress Home Design, dated 7/11/2022, and renderings entitled "ELLIS — LOT 8A— 1-17-2024" and "ELLIS — LOT 8B— 1-17-2024", which has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning & Community Development. 3. The applicant shall reserve for dedication to the City toward making Broad Bay Road a minimum 50 feet wide. Said reservation for future dedication shall be a minimum of five (5) feet wide along Broad Bay Road that fronts the proposed lots, and the dedication shall be completed prior to the development or redevelopment of any of the proposed lots. Virginia Beach City Council, I am writing in support of a zoning variance for 2620 Broad Bay Road. I do not object to two houses being built on the property. SIGNATURE Z F r 13�co,�fl .sa Y' ej> ADDRESS crickellispsych@gmail.com From: Rick Ellis <crickellispsych@gmail.com> Sent: Sunday,July 23, 2023 12:48 PM To: Rick Ellis Subject: Fwd: Hey Guy ---------- Forwarded message--------- From: Paul Holley<PHolley@mythics.com> Date:Tue,Jun 13, 2023, 10:00 PM Subject: Re: Hey Guy To:crickellispsych@gmail.com<crickellispsych@gmail.com> I love the idea. If there is room why not do it. Two brand new homes will only increase the value of others around the island and I think it would look great. Sorry I don't use the Fb messenger a lot but email and text is easiest or cell sir Thanks! Executive Director D. Paul Holley 7573740275 On Jun 13, 2023, at 9:17 PM, crickellispsych@Rmail.com wrote: . .............................................................................. CAUTION: External email message. Look carefully at the sender's email address before clicking links, opening attachments or sharing information. .........................................................................................................................................................................: B ro, I tried to contact you on FB. You are the first person I am sending this to. Any feedback before I send it to people I know? I Virginia Beach City Council, I am writing in support of a zoning variance for 2620 Broad Bay Road. I do not object to two houses being built on the property. PRINT NAME ' SIGNATURE JI r ADDRESS Virginia Beach City Council, I am writing in support of a zoning variance for 2620 Broad Bay Road. I do not object to two houses being built on the property. PRINT NAME SIGNATURE ADDRESS Virginia Beach City Council, I am writing in support of a zoning variance for 2620 Broad Bay Road. I do not object to two houses being built on the property. PRINT NAME SIGNATURE ADDRESS Virginia Beach City Council, I am writing in support of a zoning variance for 2620 Broad Bay Road. I do not object to two houses being built on the property. '016 /at PRINT NAME SIGNATURE ADDRESS Virginia Beach City Council, I am writing in support of a zoning variance for 2620 Broad Bay Road. I do not object to two houses being built on the property. PRINT NAME SIGNATURE ADDRESS July 8, 2023 To: Virginia Beach City Council From: Richard Morris— Resident of Broad Bay Island for 47 years and Past President of the Broad Bay Island Civic League Please know that I've known Rick Ellis and his family for almost as long as I've lived on Broad Bay Island. I've supported his request for a variance for all the reasons he's presented, and I hope you will too. If anyone from council would like to speak with me or have me appear before the council I will be happy to do so. Thank you, By, Richard B Morris 2012 Blueberry Road Virginia Beach, Va. 23451 Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: 1. This variance would inherently change the look & feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently —410 homes on Broad Bay Island. Sincerely, Signature Print Name t4o _ .,�r, Addressal cap Date Comments C. "A . Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: 1. This variance would inherently change the look & feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently —410 homes on Broad Bay Island. Sincerely, Signature Print Name h Addresses '7 grow Vivaja ale" A 234-5`I Date, a,-Ck 2024- Comments Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: l. This variance would inherently change the look& feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. if allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently ---410 homes on Broad Bay Island. Sincerely, Signature Print Name Address c33 Date ia, Comments Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: 1. This variance would inherently change the look& feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently -r410 homes on Broad Bay Island. Sincerely, Signature Print Name e Address Date Comments p k Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: l. This variance would inherently change the look& feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently --410 homes on Broad Bay Island. Sincerely, Signature Print Name Address Date Comments trv, Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: I. This variance would inherently change the look& feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently —410 homes on Broad Bay Island. Sincerely, Signature Print Name Address jW U e S(, Vol toaC h V)- Date_ Comments Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: l. This variance would inherently change the look & feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently —410 homes on Broad Bay Island. Sincerely, Signature Print Name sd Address Date_,) 2 q0' Comments /(jam Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: 1. This variance would inherently change the look & feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. if allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently —410 homes on Broad Bay Island. Sincerely, Signature c Print Name Address C ci Date Comments I Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: 1. This variance would inherently change the look & feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently -410 homes on Broad Bay Island. Sincerely, Signature �- Print Name 6 k Address L1--,N G CY YZ Date 3- - Z,_�s L Comments Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, 1 strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: 1. This variance would inherently change the look & feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently ---410 homes on Broad Bay Island. Sincerely, Signature Print Name jC".e FF_Iw Address �,o,riG- Date s . -1 Comments ,�!� �c 4 r�y4' ,Di�i�v5� ✓sr�+�ca-•o,c� S G� Th4- ,d9wF-io ;S tc9sf (;2 6-,e. 51ei�o.��rQ� Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: 1. This variance would inherently change the look& feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-l 0) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently ---410 homes on Broad Bay Island. Sincerely, Signature Print Name MPS H t�� Kati Address (' e�/�, a3 y S Date aG Comments Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: 1. This variance would inherently change the look& feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently —410 homes on Broad Bay Island. Sincerely, Signature NRX , Print Name iaYlk p ,' Address a6l a 2 3QS Date Comments Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision& variance request of 2620 Broad Bay Road for the following reasons: 1. This variance would inherently change the look & feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently —410 homes on Broad Bay Island. Sincerely, Signature r- " Print Name ' ' it I IG Address 2 Date Comments Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: l. This variance would inherently change the look & feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently —410 homes on Broad Bay Island. Sincerely, S ignature Print Name Address ` Date Comments Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: 1. This variance would inherently change the look & feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently —410 homes on Broad Bay Island. Sincerely, Signature Print Name Address V /`Q 1 Date Comments o 'T Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision&variance request of 2620 Broad Bay Road for the following reasons: l. This variance would inherently change the look& feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums(R-10)were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased(in part)because of existing zoning laws and neighborhood"feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots& smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan. it affects the surrounding neighbors'privacy and views. 6. If allowed,additional homes in the neighborhood would require additional support infrastructure.Our planned neighborhood was not designed to support the potential increase. There are currently A 10 homes on Broad Bay Island. Sincerely, Signature Print Name 1" Address Date .� Comments sn Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: l. This variance would inherently change the look& feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently —410 homes on Broad Bay Island. Sincerely, Signature Print Name ia1, Q `t_n 8P.- ' Address 41 ZL` V_I c:-v V Date ` ,aca _ Comments Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: 1. This variance would inherently change the look & feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently —410 homes on Broad Bay Island. Sincerely, S ignatu Print Nam 0txo o� Address 11 I r1 cj c v-4& Data&219 -� Comments Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: 1. This variance would inherently change the look & feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently —410 homes on Broad Bay Island. Sincerely, Signature Print Name Qy-h I<Zn -T-K b a 1, _,Lt Address aD 3!) r, Date Q Comments %t&.,6. A An5 Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: 1. This variance would inherently change the look & feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently —410 homes on Broad Bay Island. Sincerely, Signature Print Name rwff Address 6o r V g Date Comments Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: 1. This variance would inherently change the look & feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently —410 homes on Broad Bay Island. Sincerely, r Signature S'�, _ Print Nam Address a . ,4(/S J Date ,, Comments Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: 1. This variance would inherently change the look & feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently —410 homes on Broad Bay Island. Sincerely, Signature Print Name Address 20 I Date Comments Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: 1. This variance would inherently change the look & feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently —410 homes on Broad Bay Island. Sincerely, Signature Print Name Address Date Comments Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: 1. This variance would inherently change the look & feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently —410 homes on Broad Bay Island. Sincerely, S ignature Print Name Address ;7_0 3O „J 6 � u¢ Date_:�Ej I Comments Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: 1. This variance would inherently change the look & feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently —410 homes on Broad Bay Island. Sincerely, Signature Print Nam Ah Address 2 c wli�Q Date Comments Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: I. This variance would inherently change the look& feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently —410 homes on Broad Bay Island. Sincerely, Signature d� Print Name d Address co Date 2 oZ, Comments Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: 1. This variance would inherently change the look& feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently —410 homes on Broad Bay Island. Sincerely, Signature Print NameM�,n� Address2 Date 3/kl2y Comments Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: 1. This variance would inherently change the look & feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently —410 homes on Broad Bay Island. Sincerely, 71 Signature Print Name ,S o,1 Fief Addre 6 � ate p ?Z 2 Comments Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: l. This variance would inherently change the look & feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently —410 homes on Broad Bay Island. Sincerely, Signature Print Name Address Date Comments Po NFA ►,._ {V �7.., tst.: ,,��4•-\ os ��f, �c ll,.ti.�.,.:e, �O �.� tt,`,J\ S JO iM.+►i�P.y �V......`-a.,J 4-'C � {n0\��o��44 � Memorandum For Planning Administration and City Council Members: This letter serves as an understanding that as a resident/owner of property on Broad Bay Island who lives within 500 feet of 2620 Broad Bay Road, I strongly oppose any subdivision & variance request of 2620 Broad Bay Road for the following reasons: 1. This variance would inherently change the look& feel of our neighborhood. 2. This variance would set a precedent to our existing zoning laws thus adversely changing the future complexion of our planned neighborhood which has existed for over 60 years. 3. Our existing lot minimums (R-10) were established by neighborhood design. Changing them could lead to City-wide interest in revising current code and/or lot requirements. Homes were purchased (in part) because of existing zoning laws and neighborhood "feel". The fundamental changes would negate the reasons existing owners bought and invested in this neighborhood. 4. This would negatively impact existing nearby home values by introducing lower-cost lots & smaller homes. 5. When homes are built closer together than the original Broad Bay Colony/Broad Bay Island plan, it affects the surrounding neighbors' privacy and views. 6. If allowed, additional homes in the neighborhood would require additional support infrastructure. Our planned neighborhood was not designed to support the potential increase. There are currently —410 homes on Broad Bay Island. Sincerely, Signature C �' Print Name Address 2 Date Comments NOW OR FORMERLY NOW OR FORMERLY AN NA S MELICHAREK JON R.FLOYD LIVING TRUST I.N.20200130000104690 I.N.202103068000 m LOT 7,BROAD BAY COLONY I LOT 10,BROAD1 ,PG.4 COLONY CHESAPEAXE 84Y 8 15p1 40 M.B.29,PG.48 GPIN:149968.9441 N GPIN:149988d414 1 N 37' / N 86'10'Ot'E 111. At NOW OR FORMERLY DAVID A.DUBINSKY& CAROL E.DUBINSKY w FLOOD ZONE I.N.20181226001050590 / p (BASE 7 FEET)) SI BROAD SKY �!LOT 8,SUBDIVISION OF LOT 24, Z RIDGE END RD SS NOW OR FORMERLY BROAD BAY POINT $ DENNIS JAMES JANUCHOWSKI& M.B.47,PG.23 w , Q GPIN:149MM277 it m HALLE McCLELLAND JANUCHOWSKI m I.N.202100004008 SITE DATA: +. OWNER: CARL RICHARD ELLIS,JR. 279 LOT 11A,SUBDIVISION OF LOT 11, 2620 BROAD BAY ROAD BROAD BAY COLONY VIRGINIA BEACH,VIRGINIA 23451 FLOOD ZONE X / M.B.288,PG.1 (757) 319-1882 GPIN14994i&9219 crickellispsychOgmoil.com LOCATION MP SCALE: 1"-2,000' N � No+ 2. GPIN: 1499-68-8214 N 3. ZONED: R-10 FX-#2620 FRONT SETBACK: 30 FEET / SIDE SETBACK: 10 FEET REAR SETBACK: 20 FEET MINIMUM LOT AREA 10,000 SF MINIMUM LOT WIDTH: 80 FEET STREET LINE FRONTAGE: 64 FEET ALLOWABLE LOT COVERAGE: 30 PERCENT 4. LOT AREA z LOT 8A 12,757 SO. FT. 0.293 ACRES NOW OR FORMERLY !OT 86 10.924 SO, FT. 0,251 ACRES g f O TOTAL 23,681 SO. FT. 0.544 ACRES PARKER S.JARVIS& :� oo �\ LAURA C.CARTEL °i^' K�" 5. THE PROPERTY 2M FALL IN A SPECIAL FLOOD HAZARD AREA AS SHOWN ON THE I.N.201708250DO730340 m 0?9 �� FEDERAL EMERGENCY MANAGEMENT AGENCY, NATIONAL FLOOD INSURANCE PROGRAM, LOT I 25,BROAD BAY POINT f ,�'�� ` FLOOD INSURANCE RATE MAP FOR THE CITY OF VIRGINIA BEACH, COMMUNITY PANEL Q M.B.22,PG.76 NUMBER 515531-0043 G. DATED JANUARY 16, 2015.THE PROPERTY FALLS IN GPIN 1499bB-6t93 QP 0 FLOOD ZONES X &AE (EL-7.0). ' �1 Q a 6. THIS SITE LIES WITHIN AIRCRAFT ACCIDENT POTENTIAL ZONE N/A AND/OR NOISE ZONE(S) < 65 Db Ldn AND MAY BE SUBJECT TO AIRCRAFT ACCIDENTS AND/OR ABOVE AVERAGE NOISE LEVELS DUE TO ITS PROXIMITY TO AIRPORT OPERATIONS. / NOISE ATTENUATION MEASURES FOR NEW CONSTRUCTION MAY BE REQUIRED IN .D ,�^ �� � ACCORDANCE WITH THE AIRPORT NOISE ATTENUATION AND SAFETY ORDINANCE AND m I = \ .; \ HEIGHT RESTRICTIONS HAVE BEEN IMPOSED IN ACCORDANCE WITH SECTION 202(b) +� OF THE CITY ZONING ORDINANCE. 7. THIS PLAT WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT AND MAY NOT O g EP I�I EDGE OF DEPICT ALL MATTERS AFFECTING THE PROPERTY SHOWN HEREON." poi` ` PAVEMENT 8. THIS PLAT IS A COMPILATION OF DEEDS AND SUBDIVISION PLAT OF RECORD AND I /`'P ,Sb & DOES NOT REPRESENT A FIELD SURVEY. D 9. CITY WATER&SEWER IS AVAILABLE TO THE SITE. m gow k2o �g PRELIMINARY laps 2AP?8 g SUBDIVISION gROw Mg. OF LOT 8 APPRXIMATE EDGE OFWATER BROAD BAY COLONY M.B.29,PG.48 VIRCOVE GINIA SCALE: 1"30GINIA BEACH,VIRAPRILL 13. 2022 REVISED: FEBRUARY 6, 2024 REVISED: MAY 29, 2024 Graphic Scale 0 30 60 90 GALLUP SURVEYORS&ENGINEERS (IN FEET) l MST COL—ROAD I h¢h=io f«t VIRGINAB -.ARGINA2S (IS])12-2(751H2&29 . SHEET I OF? n,m,ro Ss 9,.a,n.zcro zmw er�e,A•ny,et Se sn suwn.usm n a rreq smrzce•»:�znt rs NOW OR FORMERLY NOW OR FORMERLY ANNA S MELICHAREK JON R.FLOYD LIVING TRUST I.N.20200130000104690 I.N.202103068000 LOT 10,BROAD BAY COLONY LOT 7,BROAD BAY COLONY M.B.29,PG.48 M.B.29,PG.48 GPIN:149M8-9441 T�� a GPIN:149941&8414 1Y ei ry m N 8 -69 " 55 E 111.37' / 55.69 S5.68' NOW OR FORMERLY DAVID A.DUBINSKY& 20 S/a CAROL E.DUBINSKY 20 s/B FLOOD FE AE I.N.20181226001OW590 ,,, PROPOSED fD (BASE 7 Er) z $ q `''' LOT B,SUBDIVISION LOT 24, LOT 8B NOW OR FORMERLY BROAD BAY POINT T o e PROPOSED U �12'xI8' — DENNIS JAMES JANUCHOWSKI& M.B.47,PG.23 m rn GPIN:149M8-6277 _o LOT 8A , 10 PORCH rn HALLE McCLELLAND JANUCHOWSKI In rn 13.15 I.N.202100004008 f / 0 13AT LOT 11A,SUBDIVISION OF LOT 11, BROAD BAY COLONY FLOOD ZONE X PROPOSED I 2—STORY M.B.288,PG.1 RESIDENCE I N GPIN:14996&9219 m I I 6'x12' N / 1 PORCH o PORCH o I0A1' 10.BB m PROPOSED 2—STORY 1O 9` a sllg RESIDENCE .11b.. 6'x12' z PORCH NOW OR FORMERLY r-n CONCRETE PARKER S.JARVIS& $ I` ooG DRIVEWAY _al LAURA C.CAHILL O N —I 11 wti QJ" I.N.20170825000730340 41 �0M Q�� O LOT 25,BROAD BAY POINTi�� ~06 O�� IM.B.22,PG.76 GPIN:1499-6MI93 1=27.09' VRETE �O O I EX100 ' „AY Py Z S .TREES TO G) BE REMOVED �`OB,• P (p /PROPOSED 354.9 SF 102 p0 m I oo VISIBILITY EASEMENT m Z Wq ry p I -ng EDGE OF PAVEMENTtP 1gP 114 m �A, aWl PRELIMINARY BROpo a MB04 c;T SUBDIVISION OF APPROXIMATE LOT 8 EDGE OF WATER BROAD BAY COLONY M.B.29.PG,48 COVE VIRGINIA BEACH,VIRG SCALE: 1"=30• APRILRIL 13, 2022 REVISED: FEBRUARY B. 2024 REVISED: MAY 29, 2024 GNphx Suk 0 30 60 90 GALLUP SURVEYOR36 ENGINEERS (IN FEET) J23 FIRST COLONAL ROAD 1 inch=ill feel NRGINA BEACH.NRGIMA 21t51 ms7wzeauz ps7pzszzso FAx SHEET?OF? .,aws se-a..e nx wew•an—v�=,..,.-wsn.:ez.asn�.m...s:mam.,�,:m.,. M. APPOINTMENTS ACTIVE TRANSPORTATION ADVISORY COMMITTEE ADVERTISING ADVISORY COMMITTEE BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMITTEE OLD BEACH DESIGN REVIEW COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS &RECREATION COMMISSION PERSONNEL BOARD PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 The Agenda(including all backup documents) is available at https:Hclerk.virginiabeach. og v/city- council under the eDocs Document Archive. If you would like to receive by email a list of the agenda items for each Council meeting, please submit your request to TChelius(avb og v.com or call 385-4303. Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually,must follow the two-step process provided below: 1. Register for the WebEx at: hgps://vbgov.webex.com/weblink/register/re6O227d95d25c53b65e5aeO2fl c726af 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m.on June 18,2024. CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B H S E U S DATE:06/04/2024 PAGE: 1 R T If C L H C R A H T W W U E H E M R U A 1 0 C D N E M M 0 L Y L 0 C Y L S I 0 U M L S T AGENDA H E E 0 C N S A 0 0 E ITEM# SUBJECT MOTION VOTE I R Y N K D E N R 2_1 N 1. CITY COUNCIL'S BRIEFING A. VIRGINIA AQUARIUM UPDATE Rick Biddle, Founder—Relevant Strategies& Solutions,LLC 11. CITY MANAGER'S BRIEFING A. HURRICANE SEASON UPDATE& David Topczynski, PREPAREDNESS INITIATIVES Director—Emergency Management IIl.- CERTIFICATION OF CLOSED SESSION CERTIFIED 1 1-0 Y Y Y Y Y Y Y Y Y Y Y VII. A-F G. MINUTES APPROVED 8-0 A Y Y Y Y Y Y A Y A Y 1. INFORMAL AND FORMAL SESSIONS B B B May 21,2024 S S S T T T A A A I I I N v` N E I F D D D H. MAYOR'S PRESENTATIONS 1. RESOLUTION IN RECOGNITION Captain Harry McBrien 2. PROCLAMATION—VBPD FIRST AFRICAN AMERICAN FEMALE SERGEANT Sergeant Tricia J.Shelton �. PROCLAMATION—48th ANNIVERSARY OF CHAPTER CHARTER Dr.Tanja Arrington Mayfield 4. PROCLAMATION—LGBTQ Pride Month I. PUBLIC HEARINGS I. ACQUISITION,BY AGREEMENT OR 0 SPEAKERS CONDEMNATION 17th Street Improvements Phase 1 Pacific Avenue to Cypress Avenue Project,CIP 100001 2. LEASE OF CITY PROPERTY-OLD COAST 0 SPEAKERS GUARD STATION 24th Street and Atlantic Avenue K 1. Ordinance to AUTHORIZE acquisition of ADOPTED,BY I I-0 Y Y Y Y Y Y Y Y Y Y Y property in fee simple for the Parliament Drive CONSENT Sidewalk Improvements Phase 11 Project,CIP 100301 and the acquisition of temporary and permanent easements,either by agreement or condemnation re community improvement, and pedestrian and bicycle enhancements CITY OF VIRGINIA BEACH R SUMMARYOF COUNCIL ACTIONS O S B H S E U S DATE:06/04/2024 PAGE: 2 R T H C L H C R A H T W W U E H E M R U A I O C D N E M M O L Y L O C Y L S I O U M L S T AGENDA H E E O C N S A O O E ITEM# SUBJECT MOTION VOTE I R Y N K D E N R L_L N K 2. Ordinance to AUTHORIZE the City Manager ADOPTED,BY 11-0 Y Y Y Y Y 1" Y Y Y Y Y to EXECUTE a Lease for City-owned property CONSENT for up to four(4)years at Virginia Beach Farmers Market,Building 1,Space 9 re Andrew Skipper d/b/a Skipper Farms K.3. Ordinance to AUTHORIZE the City Manager ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y to EXECUTE a Lease for City-owned property CONSENT for up to four(4)years at Virginia Beach Farmers Market,Building 3,Space 13 re S&H Produce,Inc. KA. Ordinance to AUTHORIZE the donation of all ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y remaining"No Cursing"signs to the Virginia CONSENT Beach Police Foundation(Requested by Mayor Dyer and Vice Mayor Wilson) K.5. Resolution to DIRECT the City Manager to ADOPTED,BY 6-5 Y Y N N Y Y N Y N Y N undertake a Request for Proposals process re CONSENT procure a study providing a Strengths, Weaknesses,Opportunities,and Threats (SWOT)Analysis focusing on the pros and cons of collective bargaining(Requested by Mayor Dyer) K.6. Resolution to AMEND the Transition ADOPTED,BY 11-0 Y Y Y Y Y 1' Y Y Y Y Y Area/Interfacility Traffic Area Citizens' CONSENT Advisory Committee membership(Requested by Council Members Henley,Remick,Rouse, and Schulman) K.7. Resolution to DIRECT the City Manager to ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y A Y Y identify sources of funding re expansion of the CONSENT B Parks After Dark Program to serve the Level S Green Neighborhood(Requested by Council T Members Hutcheson,Remick,Rouse,and A Wooten) I N E D K.8. Ordinance to AUTHORIZE temporary ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y encroachments into two City-owned drainage CONSENT and canal easements re maintain an existing concrete driveway and to construct and maintain a vinyl bulkhead with returns,and to remove and replace an existing wood dock at 1816 Duke of York Quay DISTRICT 8 K.9. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $297,282 from the Fund Balance of the Sheriff's CONSENT Office Special Revenue Fund and to TRANSFER up to$380,000 in vacancy savings within the General Fund to the FY2023-24 Sheriffs Office Operating Budget re increased food and medical costs CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS ti B H S E U S DATE:06/04/2024 PAGE: 3 R T II C L H C R A H T W W U E H E M R U A 1 O C D N E M M O L Y L O C Y L S I O U M L S T AGENDA 11 E E O C N S A O O E ITEM# SUBJECT MOTION VOTE I R Y N K D E N R N N JI K.10. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-O Y Y Y Y Y Y Y Y Y Y $111,250 from the Virginia Department of CONSENT Behavioral Health and Development Services via the Regional Fiscal Agent,Wester Tidewater Community Services Board to the FY2023-24 Human Services Operating Budget re Regional Mobile Crisis Response Programs K.11. Ordinance to APPROPRIATE$184,654 from ADOPTED,BY 1 I-0 the Fund Balance of the Commonwealth CONSENT Attorney's Forfeited Assets Special Revenue to the FY2023-24 Commonwealth Attorney's Operating Budget re execution of a records digitization contract L.1. MILITARY AVIATION MUSEUM/VIRGINIA APPROVED/ 11-0 N" Y Y Y Y Y Y Y Y Y Y BEACH AIRPORT,LLC for a Modification of MODIFIED/ Conditions to a Conditional Use Permit re expand CONDITIONED,BY operating hours and add more defining criteria for CONSENT special events at 1341 Princess Anne Road DISTRICT 2 CITY OF VIRGINIA BEACH/MICHELS APPROVED/ 11-n Y Y Y Y Y N' Y Y N' Y 1' FAMILY,LLC for a Modification of MODIFIED,BY Conditions(Amend Deed of Conditions& CONSENT Restrictions)re operation of the Office of Voter Registrar and Central Absentee Precinct at 500 Studio Drive&599 Studio Drive,Suites 2A&2B DISTRICT 3 1-3. MILESTONE MANOR,LLC/CALVARY APPROVED/ I I-() N' Y Y Y Y Y Y Y Y Y N" ASSEMBLY OF GOD for a Conditional Use CONDITIONED,BY Permit re day-care center in religious use at CONSENT 4925 Providence Road DISTRICT I L.4. MICHELE CLELAND for a Conditional Use APPROVED/ 11-0 Y Y N' Y Y Y Y Y Y Y Y Permit re wildlife rehabilitation center at 2285 CONDITIONED,BY London Bridge Road DISTRICT 5 CONSENT I.S. SAMANTHA CARROW for a Conditional Use APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Permit re short-term rental at 905 Pacific CONDITIONED,BY Avenue,Unit C DISTRICT 5 CONSENT 1.6, SUSANNE M.COLLIGON for a Conditional APPROVED/ 1 1-0 1" Y Y Y Y Y Y Y 1' Y N" Use Permit re short-term rental at 304 28'e CONDITIONED,BY Street,Unit 208 DISTRICT 6 CONSENT 1 7. Ordinance to AMEND Section 103 of the City APPROVED,BY I 1-0 N' Y Y Y Y Y Y Zoning Ordinance(CZO)re granting of CONSENT modifications by the Zoning Administrator 1 ,8 Ordinance to AMEND Section 1906 of the City APPROVED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Zoning Ordinance(CZO)re the composition of CONSENT the Old Beach Design Review Committee CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS 0 S B H S E U S DATE:06/04/2024 PAGE: 4 R T H C L H C R A H T W W U E H E M R U A 1 O C D N E M M O L Y L O C Y L S I O U M L S T AGENDA H E E O C N S A O O E ITEM# SUBJECT MOTION VOTE I R Y N K D E N R N N M. APPOINTMENTS RESCHEDULED li Y N S I N S 11 S ACTIVE TRANSPORTATION ADVISORY COMMITTEE ADVERTISING ADVISORY COMMITTEE BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMITTEE OPEN SPACE ADVISORY COMMITTEE PERSONNEL BOARD PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION ACTIVE TRANSPORTATION ADVISORY Reappointed: I1-0 1' Y Y Y 1' Y Y COMMITTEE Walter Camp Council Member Rouse 3 Year Term 7/l/2024—6/30/2027 ADVERTISING ADVISORY COMMITTEE Appointed: 11-0 Y Y Y Y Y Y Y Y Y 1" Y Deepak Nachnani— Representing Citizen Member 3 Year Term 6/4/2024—5/31/2027 ARTS AND HUMANITIES COMMISSION Reappointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y Michael Cloud- Butler Olga Torres-Baker Appointed: Hunter Thomas 4 Year Term 7/1/2024—6/30/2028 BAYFRONT ADVISORY COMMISSION Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y Riley Brown Ashtyn Ricks Reese Longwater Student Term 7/1/2024—6/30/2025 Reappointed: Joseph Bovee Charles Guthrie 3 Year Term 7/l/2024—6/30/2027 Reappointed: Aubry Moore Amanda Wong Student Term 7/1/2024—6/30/2025 CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B H S E U S DATE:06/04/2024 PAGE: 5 R T H C L H C R A H T W W U E H E M R U A 1 O C D N E M M O L Y L O C Y L S I O U M L S T AGENDA H E E O C N S A O O E ITEM# SUBJECT MOTION VOTE i R Y N K D E N R N N CLEAN COMMUNITY COMMISSION Reappointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y Brycen Dildy Student Tenn 7/l/2024—6/30/2025 Appointed: Alexis Williams Unexpired Tenn thru 11/30/2026 COMMUNITY SERVICES BOARD Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y Debbi Wool— Representing Receiver of Services Unexpired Term thru 12/31/2025 EASTERN VA REGIONAL INDUSTRIAL Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y FACILITY AUTHORITY Council Member Remick—Elected Member Amanda Jarratt— Member Council Member Schulman—Alternate Elected Member Charles Rigney— Altemate Member 4 Year Tenn 6/4/2024—5/31/2028 HEALTH SERVICES ADVISORY BOARD Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y Linda Burnette Unexpired Tenn thru 3/31/2025 +3 Year Tenn 4/l/2025—3/31/2028 Matthew Prentice Unexpired Tenn thru 3/31/2026 HUMAN RIGHTS COMMISSION Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y Arnel Custodio Unexpired Tenn thru 8/31/2026 Caitiyn Cagni Student Tenn 7/l/2024—6/30/2025 OPEN SPACE ADVISORY COMMITTEE Reappointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y Gavin Weir Student Tenn 7/1/2024—6/30/2025 PARKS AND RECREATION COMMISSION Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y Ben Messer— Representing District 9 Unexpired Tenn thru 8/31/2026 PUBLIC LIBRARY BOARD Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y Robert Covington Student Term 7/1/2024—6/30/2025 CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS c S B H S E U S DATE:06/04/2024 PAGE: 6 R T li C L H C R A H T W W U E H E M R U A 1 O C D N E M M O L Y L O C Y L S I O U M L S T AGENDA H E E O C N S A O O E ITEM# SUBJECT MOTION VOTE I R Y N K D E N R H_L N RESORT ADVISORY COMMISSION Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y Lisa DeNoia Unexpired Term thru 12/31/2026 SOCIAL SERVICES ADVISORY BOARD Appointed: 11-0 Y Y Y Y l' Y Y l' 1' Y Y Dr.Susan Miley Petrehn Unexpired Term thru 6/30/2025 +4 Year Term 7/1/2025—6/30/2029 Whitney King Unexpired Term 6/8/2024—6/30/2026 Reappointed: Helena Gourdine- Thorpe 4 Year Term 7/1/2024—6/30/2028 TRANSITION AREA/INTERFACILITY Reappointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y TRAFFIC AREA CITIZENS ADVISORY Thomas Lockman COMMITTEE 3 Year Term 7/l/2024—6/30/2027 VIRGINIA BEACH VA250 COMMITTEE Appointed: 1 1-0 Y Y Y Y Y Y Y Y Y Y Y Robert Melatti— Representing Education Field Unexpired Term thru 7/4/2026 N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT 7:10 PM OPEN DIALOGUE 31 SPEAKERS 8:55 PM