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Home My WebLink About8-13-2024 FORMAL SESSION AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR ROBERT M. 'BOBBY"DYER,At Large ¢GA IA-BJ,4 VICE MAYOR ROSEMARY WILSON-District 5 MICHAELF.BERLUCCHI-DistricH BARBARA M.HENLEY-District 2 ° DAVID HUTCHESON-District 1 ROBERT W "WORTH"REMICK-District 6 DR.AMELLA N.ROSS-HAMMOND-District 4 JENMFER ROUSE-District 10 ''rR JOASHUA F. "JOASH"SCHULMAN-District 9 °` OUR 041100 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 VIRGINM BEACH, VIRGINIA 23456 CITYATTORNEY-MARK D.STILES CITY COUNCIL AGENDA PHONE.(757)385-4303 CTTYASSESSOR-SUE CUNNINGHAM FAX(757)385-5669 CIT'YAVDITOR-LYNDONS.REMIAS August 13,2024 EMAIL:CITYCOUNCIL@VBGOV.COM CITY CLERK-""DA BARNES MAYOR ROBERT M. "BOBBY" DYER PRESIDING I. CITY MANAGER'S BRIEFINGS - Conference Room- 3:30 PNI A. LIBRARY PARKING AFTER HOURS Kimberly Knight, Director—Public Libraries B. PENDING PLANNING ITEMS 4:00 PM Carrie Bookholt, Deputy Director—Planning II. CITY COUNCIL LIAISON REPORTS 4:30 PM 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 Chaplin Keith E. Burke Virginia Beach Police Department— I'Precinct C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL AND FORMAL SESSIONS July 2,2024 2. INFORMAL AND FORMAL SESSIONS July 9,2024 H. MAYOR'S PRESENTATIONS 1. RESOLUTION—Plaza Little League 60d,Anniversary Chris Atkinson and Eddy Hendricks, accepting 2. PROCLAMATION—Plaza Little League Major Girls Softball Team Day Players and volunteer coaches, accepting 3. PROCLAMATION—Disability Voting Rights Week in Virginia Beach Mary Mathena and Laura Nelson, accepting 4. PROCLAMATION—Mayor's Veterans Committee Virgil Hart, Ralph Seutter,Tom Holston, Jason Kmet, Louis Hubbard, Roger Durity, Joseph Mahachek, Stuart Grimes-Myers, Charles Montgomery, and Barbara Morrison, accepting I. BID OPENING 1. NON-EXCLUSIVE FRANCHISE AGREEMENT FOR USE OF CITY RIGHTS-OF-WAY Telecommunications Services J. PUBLIC HEARINGS 1. NON-EXCLUSIVE FRANCHISE AGREEMENT Metro Fibernet, LLC 2. PROPOSED ORDINANCE TO AMEND CITY CODE SECTION 5-401 Animal Impoundment Fees (Requested by Council Members Berlucchi, Hutcheson, Remick, and Schulman) 3. ACQUISITION, BY AGREEMENT OR CONDEMNATION Shore Drive Corridor Improvements—Phase III Project, CIP 100381 (formerly CIP 2-117) (the"Project") K. FORMAL SESSION AGENDA 1. CONSENT AGENDA L. ORDINANCES/RESOLUTIONS 1. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned Property known as Sandbridge Shores Bass Inlet and into a 5-foot City-owned drainage and utility easement, located at the rear of 2909 Sand Bend Road re construct and maintain a L-Head timber pier, aluminum boat lift with timber piles, aluminum gangway with a timber floating pier and vinyl bulkhead with return walls DISTRICT 2 2. Ordinance to AUTHORIZE temporary encroachments into several City-owned public drainage easements and into a City-owned variable width public pedestrian access easement, all located along Holland Road re construct and maintain a RCP outfall pipe with associated rip-rap, box culvert with associated endwalls, private road, RCP pipe, access path, PVC watermain, domestic waterline, RCP and an endwall with related class 1 rip- rap DISTRICT 3 3. Ordinance to DONATE to the Sheriff of Patrick County,Virginia re 5,000 rounds of unused Winchester Ranger ammunition 4. Ordinance to ACCEPT and APPROPRIATE $1,425,947 from the Virginia Department of Behavioral Health and Development Services to the FY2024-25 Human Services Operating Budget and AUTHORIZE six (6) full-time positions re support the existing Permanent Supportive Housing Program 5. Ordinance to ACCEPT and APPROPRIATE $684,390 from the Virginia Department of Elections to the FY2024-25 Voter Registration and Elections Operating Budget re purchase and implementation of ballot-on-demand systems 6. Ordinance to ACCEPT and APPROPRIATE $50,000 from the Fairstead Management, LLC to the FY2024-25 Parks and Recreation Operating Budget re additional programming and community services for the residents of Atlantis Apartments and the Seatack Community 7. Ordinance to ACCEPT and APPROPRIATE $50,000 from the Virginia Department of Criminal Justice Services(DCJS)via Southern Virginia Internet Crimes Against Children Task Force and the Bedford County Sheriff's Office to the FY2024-25 Police Department Operating Budget re overtime, purchase of equipment, travel and training to enhance efforts to address internet crimes against children 8. Ordinance to ACCEPT and APPROPRIATE $48,690 from the Virginia Department of Criminal Justice Services (DCJS) to the FY2024-25 Human Services Operating Budget re Community Corrections and Pretrial Services Program 9. Ordinance to ACCEPT and APPROPRIATE $43,918 from the Virginia Department of Criminal Justice Services (DCJS) to the FY2024-25 Commonwealth Attorney Operating Budget re the Victim Witness grant 10. Ordinance to ACCEPT and APPROPRIATE $25,000 from the Virginia Department of Criminal Justice Services (DCJS) to the FY2024-25 Commonwealth Attorney Operating Budget re the Witness Protection grant 11. Ordinance to ACCEPT and APPROPRIATE $24,900 from the Virginia Office of the Executive Secretary to the FY2024-25 Commonwealth Attorney Operating Budget and AUTHORIZE 25% in-kind match from Human Services re purchase of drug and alcohol testing supplies 12. Ordinance to ACCEPT and APPROPRIATE $15,500 from the Virginia Department of Behavior Health and Developmental Services to the FY2024-25 Human Services Operating Budget re Problem Gambling Prevention Program 13. Ordinance to ACCEPT and APPROPRIATE $8,000 from the Western Tidewater Community Services Board to the FY2024-25 Human Services Operating Budget re peer support services 14. Ordinance to APPROPRIATE $353,072 of fund balance to the General Fund to the FY2024- 25 Parks and Recreation Operating Budget re expand the Parks After Dark Program to the Level Green Neighborhood in the summer of 2025 and AUTHORIZE 3.1 full-time equivalent positions to support program expansion 15. Ordinance to APPROPRIATE $38,000 from the fund balance of the Oyster Heritage Trust Fund to the FY2024-24 Public Works Operating Budget re oyster shell recycling and education programs M. PLANNING 1. GORDON R. CRENSHAW & HANNAH I. CRENSHAW for a Street Closure re approximately 6,327 square feet of an unimproved portion of Windsor Road adjacent to 1217 North Bay Shore Drive DISTRICT 6 RECOMMENDATION: APPROVE N. APPOINTMENTS ACTIVE TRANSPORTATION ADVISORY COMMITTEE ADVERTISING ADVISORY COMMITTEE AGRICULTURE ADVISORY COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT REVIEW AND ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD DEVELOPMENT AUTHORITY EASTERN VIRGINIA INDUSTRIAL FACILITY AUTHORITY HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMITTEE HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD STORMWATER MANAGEMENT IMPLEMENTATION ADVISORY GROUP TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD O. UNFINISHED BUSINESS P. NEW BUSINESS Q. ADJOURNMENT OPEN DIALOGUE Non-Agenda Items Each Speaker will be allowed 3 minutes If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 3854303 The Agenda(including all backup documents) is available at 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 TCheliusna,vbgov.com or call 385-4303. Citizens who wish to speak can sign up either in-person or virtually via WebEx. Anyone wishing to participate virtually,must follow the two-step process provided below: 1. Register for the WebEx at: httgs://vbgov.webex.com/weblink/register/r72ac288fl 4a062ca7deOa5663776d549 2. Register with the City Clerk's Office by calling 757-385-4303 prior to 5:00 p.m. on August 13, 2024. I. CITY MANAGER'S BRIEFINGS -Conference Room- 3:30 PM A. LIBRARY PARKING AFTER HOURS Kimberly Knight, Director—Public Libraries B. PENDING PLANNING ITEMS 4:00 PM Carrie Bookholt, Deputy Director—Planning II. CITY COUNCIL LIAISON REPORTS 4:30 PM 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 Chaplin Keith E. Burke Virginia Beach Police Department— 1st Precinct C. MOMENT OF SILENCE D. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA E. ROLL CALL OF CITY COUNCIL F. CERTIFICATION OF CLOSED SESSION G. MINUTES 1. INFORMAL AND FORMAL SESSIONS July 2, 2024 2. INFORMAL AND FORMAL SESSIONS July 9, 2024 H. MAYOR'S PRESENTATIONS 1. RESOLUTION—Plaza Little League 60'h Anniversary Chris Atkinson and Eddy Hendricks, accepting 2. PROCLAMATION—Plaza Little League Major Girls Softball Team Day Players and volunteer coaches, accepting 3. PROCLAMATION—Disability Voting Rights Week in Virginia Beach Mary Mathena and Laura Nelson, accepting 4. PROCLAMATION—Mayor's Veterans Committee Virgil Hart, Ralph Seutter,Tom Holston,Jason Kmet, Louis Hubbard, Roger Durity, Joseph Mahachek, Stuart Grimes-Myers, Charles Montgomery, and Barbara Morrison, accepting �11A B� e of o - t`o�6�bi UR 0 RESOLUTION WHEREAS:The mission of Little League is to teach youth life lessons that build stronger individuals and communities through the sports of baseball and softball;and WHEREAS:The purpose and vision of Little League is to positively impact youth and communities and to inspire and shape future generations;and WHEREAS:The values of Little League are Community,Fun,Inclusion,Integrity and Teamwork;and WHEREAS:Plaza Little League was founded in 1964 to provide a youth baseball program for children living in the Princess Anne Plaza and surrounding neighborhoods;and WHEREAS:In 1994,Plaza Little League added the sport of softball to serve additional children;and WHEREAS:Plaza Little League(as every Little League throughout the world)is an organization made up solely of volunteers;and WHEREAS:2024 is Plaza Little League's 60'h year of operation,serving hundreds of children annually through its dedicated efforts;and NOW, THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINL4 BEACH, VIRGINIA:That the Virginia Beach City Council reaffirms our support of Plaza Little League's mission and congratulates the league on 60 years of serving youth in our City. Given by the Council of the City of Virginia Beach, Virginia the 13`' day of August 2024 and present this Resolution duly signed by each Member of the Virginia Beach City Council. Council Member Michael F.Berlucehi Council Member Barbara M.H ey P—u.-!511M�e.b �� 2OZ�O-� A Council Member Robert W. "Worth" Council Member Dr.Amelia Ross- 9uIncMember Jennifer V.Rouse Remick Hammond Council Member Joashua F.Schulman Council mY Chris Taylor ounce ember Sabrina D. Wooten 01 Vice Mayor osemary Wilson Mayor Robert ob "Dyer 04 0 �a Or OUR NKOO�8� �oc��n�a�tt�o�r UNereas: Tfaza Little League was founded in 1964 to provide a youth 6aseba0program for children living in the OincessAnne Plaza andsurrounding neigh6orfioods, aging the sport of soft6alfin 1994 to serve additionafchifdren;and Wlie=, Plaza Little League(as every Little League throughout the wodd)is an organization made up solely of volunteers and Ofiereas: 2024 is Pfaza Little League's 60th year of operation,serving hundreds of children annualy through its deduatedefforts,and Wwrew. Aza participates in Virginia District 8, which covers Virginia Beach,Norfoff,,and the Eastern Shore,and Wherwr. The Plaza Little League Major Girls SoftballAlCStar team won the feague's first District 8 Championship in any age group since 2015,and 'iiereas: The Tiaza Little League Major Girls Soft6aflA(G-Star team won the league's first 9KajorSoft6all uDistrict 8 Championship in 25 years,qualifying for the Virginia State Little League tournament. Now,4fwrfnre I,�Rq6ert M. °Bo66y°uDyer,Mayor of the City of Virginia Beach, Virginia,do hereby proclaim: (PW .7,`4 LI9TLE LEAGUE "OR SOT"ALL T4" OAT In 'I*Sinia &.ack I call upon the citizens to recognize the players and volunteer coaches of the (Plaza Littl League Major Girls Soft6all team on their District 8 Championship and Virginia State Tournament berth, as well as for being positive representatives of their community and the city. In 4Nitness %fem-of, I have hereunto set my hand and caused the Official Sea(of the City of Virginia Beach, Virginia, to 6e affixed this Thirteenth(Day of August, Two Thousand and Twenty- T'our. 4 1 2p6ert M. •Bo66y•Ttyer Mayor o ;� x U s 9t Op OR�6 vrodameaton 'Whereat. There are over 61 mhTwn adults with dua&fities living in communities throughout the Vnited States,•and over 1.6 miQ'wn adults with disabilities reside in Virginia;andover49 thousandadults with dua6thties five in the City of Virginia Beach,,and 'Whereas• Over 38 miLTwn-American with drsabilities are efrgi6ie voters;and "*erear The disability community has a eriticalinterest in pofuies anddecisions made andenactedat loca4 state,andnationallevels that impact our fives directly;and %*erws: Voting is one sure way for the dua6ihty community to have a say in the people and policies that impact their communities,-and `Wherr= 94aking sure people with drsa6iftties have access to voting is essential if these policies are to meet the real needs of people with drsabriities in our communities;and %4erear. WEV VT Virginia,which stands for'fgister!Educate!Vote!Vse your Powerl'is the statewide effort to build the voting power of dsa bled Virg inians,•and "GtrMMS gfem6crs of the nationalduabifity rights community are organizing the 81 annualoisa6d ty Voting fjhts WeekSeptember 9,fi to 13th,2024;and 'Whereas UV VP Virginia is planning events across the Commonwealth to cele6rate Disa6i6ty Voting P*hts. Now,?herd I,Ppbert fit. 'Bo66y"(Dyer,9dayor of the City of Virginia Beach,Virginia,do hereby proclaim: Dua&&Y voting fgFits Week in Virginia Beach. In`i4y&tia&A4 1 call upon the citizens and members within government agencies,public andprivate institutions, businesses,and schools in Virginia Beach to also be`neighbors helping neighbors"during elections for the benefit and betterment of the community so that futuregenerations can appreciate andfurther uplift our 6elovedCity of Virginia Beach. In W;tness 'Whereof, I have hereunto set my hand and caused the Official Seal of the City of Virginia Beach, Virginia, to be affixed this thirteenth Day of gugust,Two ThousandandTwenty-(Four. Wpbert 9K. 'Bo66y"(Dyer Mayor .A P Op 0 NAT0 vrodamatton %4erz= Volunteerism is one of the 6acoones in building strong communities within focalgovernment and the Mayor's Committee for Veterans is made up of volunteers who support'Virginia Beach-and %4erzw. In 1988,the Mayor's Committee for Veterans was formed by a group of mifitary veterans and community leaders to carry out the vision of BiffYfalsta�a dua6led veteran,of erecting a Veterans memorialin the City of Virginia Beack and %4erwr. Vnder the past leadership of chairs'�am Myers and Charles Montgomery,andthe current leadership of Chair vugdNart,the Mayor's Committee forVeterans is tasWwith planning and producing the annualMemonaf(Day Ceremony,which features flyovers,21-gun salute,reading of honored veteran names and remarks from distinguishedguests,•and %*erect: 4ke Mayor's Committee for Veterans members also manage the memonalpaverprogmm focatedat The` )Zam G. TBidy"Myers Sr. Veterans MemorialTark which features memorial brickpaver stones inscribed with the names of indmiduafs who have served in all branches of the V.S.Armed Services;and 'Whereas: The Mayor's Committee for Veterans members have volunteered countless hours of their time to ensure that the City of Virginia Beach Veterans community is one that wiQforever be honoredfor their sacrifices. Now,2&refore I,Robert M. "Bobby'Dyer,Mayor of the City of Virginia Beady Virginia,do here6y proclaim: August A 2024 ,Mayor's Committee for Veterans Day In 14rginia Beach,and I urge affcitizens to e-Tress great appreciation andgratitude for the Mayor's Committee for Veterans for the dedication they commit to this cause on 6ehaff of the City andour military community. In `W4tntst llfie of, I have hereunto set my hand and caused the Official Seal of the City of Virginia Beach, Virginia, to be aff xsd this 4hirteenth Day of August,Two ThousandandTwenty-Four. f � R96ert M. Bob6y'cDyer 4 1 Mayor I. BID OPENING 1. NON-EXCLUSIVE FRANCHISE AGREEMENT FOR USE OF CITY RIGHTS-OF-WAY Telecommunications Services REQUEST FOR PROPOSALS NON-EXCLUSIVE FRANCHISE AGREEMENT FOR THE USE OF CITY RIGHTS-OF-WAY The City of Virginia Beach has received a proposal for a non- exclusive franchise agreement to use and occupy the City's Streets and public rights-of-way for the purposes of constructing, installing and maintaining network facilities for telecommunications services within and through the City. A copy of the full text of the proposed ordinance is on file in the office of the City Clerk. Additional bids will be received by the City until the date below. All bids must be in writing. The right to reject any and all bids is hereby expressly reserved. Further information, including a copy of the proposed franchise agreement, may be obtained by calling the Department of Information Technology at(757)385- 1381. Bids shall be read by the Mayor of the City of Virginia Beach at the regular meeting of the City Council,which will be held in the Council Chamber,City Hall Building(Building 1) Municipal Center, Virginia Beach, Virginia on August 13,2024 at 6:00 p.m.,and after reading of the bids,the Council will either proceed with the consideration of the ordinance awarding the aforesaid franchise agreement or will defer the matter to a subsequent meeting. BIDS MUST BE RECEIVED NO LATER THAN FRIDAY, August 9, 2024, AT 5:00 P.M. All interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT-July 28,2024&AUGUST 4, 2024 J. PUBLIC HEARINGS 1. NON-EXCLUSIVE FRANCHISE AGREEMENT Metro Fibernet, LLC 2. PROPOSED ORDINANCE TO AMEND CITY CODE SECTION 5-401 Animal Impoundment Fees (Requested by Council Members Berlucchi, Hutcheson, Remick, and Schulman) 3. ACQUISITION, BY AGREEMENT OR CONDEMNATION Shore Drive Corridor Improvements—Phase III Project, CIP 100381 (formerly CIP 2-117) (the"Project") �k NOTICE OF PUBLIC HEARING On August 13,2024,at 6-00 p.m.,in the Council Chamber of the City Hall Building 1, 2401 Courthouse Dr., Virginia Beach,Virginia,the Virginia Beach City Council will hold a public hearing concerning the request of Metro Fibernet,LLC to be granted a nonexclusive franchise agreement to use and occupy the City's streets and public rights-of-way for the purposes of constructing, installing, and maintaining network facilities for communications services. Any questions concerning this matter should be directed to the Department of Information Technology at 757- 385-1381. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 757- 385A303; Hearing impaired, call TOO 711(TOD-Telephone Device for the Deaf). 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 August 13,2024. 2. Download WebEx and view the meeting at: h nr//vbgov.wehex.com/we blink/re9ister/r72a c288f14a 062 a7d.0a 664776d549 All interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT-AUGUST 4,2024 j > ��`wvvr CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Granting a Nonexclusive Franchise Agreement to Metro Fibernet LLC to Install, Operate, and Maintain Network Facilities for Telecommunication Services in the City's Public Streets and Rights-of- Way PUBLIC HEARING: August 13, 2024 MEETING DATE: August 20, 2024 ■ Background: Metro Fibernet, LLC ("Metronet") desires to utilize the public streets and rights-of-way in the City of Virginia Beach to install, operate and maintain a fiber network and provide related communications services. Metronet is seeking to enter into a nonexclusive franchise agreement ("Franchise") with the City. ■ Considerations: The term of the Franchise will be ten years. The term will automatically renew for up to three (3) additional ten (10) year terms, for a maximum of forty (40) years, unless either party gives ninety (90) days written notice to terminate the Franchise. Additional terms and conditions of the Franchise are set forth in the summary of terms attached to the ordinance. ■ Public Information: A solicitation for bids was advertised on July 28, 2024 and on August 4, 2024, as required by Virginia Code §15.2-2101. The bid opening is scheduled for August 13, 2024. A public hearing was advertised on August 4, 2024, as required by Virginia Code §15.2-1800, with public notice via the normal City Council agenda process. The public hearing will be held on August 13, 2024. ■ Recommendations: Approval ■ Attachments: Ordinance, Summary of Terms, Disclosure Statement Form Recommended Action: Adoption Submitting Department: Information Technology City Manager:/4��O 1 AN ORDINANCE GRANTING A NONEXCLUSIVE 2 FRANCHISE AGREEMENT TO METRO FIBERNET, LLC 3 TO INSTALL, OPERATE, AND MAINTAIN NETWORK 4 FACILITIES FOR TELECOMMUNICATION SERVICES 5 IN THE CITY'S PUBLIC STREETS AND RIGHTS-OF- 6 WAY 7 8 WHEREAS, Metro Fibernet, LLC, a Nevada limited liability company ("Metronet"), 9 builds and operates fiber networks and related communication services; 10 11 WHEREAS, Metronet desires to utilize the City of Virginia Beach's ("City") public 12 streets and rights-of-way to install, operate and maintain a fiber network; 13 14 WHEREAS, Metronet is seeking to enter into a nonexclusive franchise agreement 15 ("Franchise") with the City to use and occupy the City's public streets and rights-of-way; 16 17 WHEREAS, the Franchise will allow Metronet to install, operate and maintain fiber 18 optic cable for the purpose of operating a fiber optic network; and 19 20 WHEREAS, City staff supports allowing Metronet to use the City's public streets 21 and rights-of-way for the aforesaid purposes, subject to the terms and conditions set forth 22 in the summary of terms, attached hereto as Exhibit A, ("Summary of Terms"). 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 That the City Council hereby authorizes the City Manager to execute a Franchise 28 with Metronet for a maximum term of 40 years, in accordance with the Summary of Terms, 29 and such other terms, conditions or modifications, as may be acceptable to the City 30 Manager and in a form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY.- Information Technology City Attorney's Office CA16613 R-1/July 23, 2024 SUMMARY OF TERMS- NONEXCLUSIVE FRANCHISE AGREEMENT Lessor: City of Virginia Beach ("City") Lessee: Metro Fibernet, LLC ("Metronet") Term: 10 years and shall automatically renew for up to three (3) additional ten (10) year terms, for a maximum of forty (40) years, unless either party gives ninety (90) days written notice to terminate the Franchise. Location: Metronet may install its facilities underground within City's public streets and rights-of-way, subject to obtaining all required permits from the City's Planning Department. Relocation/Removal: Metronet shall be solely responsible for paying cost of removal or relocation of its facilities if public projects necessitate removal or relocation. Upon termination of the Franchise, Metronet must remove the facilities, or the City may allow the facilities to remain in place and take ownership. Installation: Metronet shall be required to return the public streets and rights-of-way to the same or similar condition existing prior to any work being performed, to the reasonable satisfaction of the City. Minimum Insurance Requirements: Commercial General Liability: $2 Million; Automobile Liability: $1 Million; or, in the alternative, Umbrella Coverage of $5 Million. Surety Requirements: $100,000 surety bond Indemnity: Metronet shall indemnify the City, its officers, employees and agents from and against any and all claims, demands, costs, etc., including, without limitation, reasonable attorney's fees and costs of defense. W' '- , Virginia Beach APPLICANT'S NAME Metro Fibernet, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Exception for (EDIP) Changes 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 5 Planning Commission and City Council meeting that pertains to the a lication(s). APPLICANT NOTIFIED OF HEARING DATE: NO CHANGES AS OF DATE: M REVISIONS SUBMITTED DATE: XB Virginia Beach ❑ Check here if the APPLICANT IS NOTa corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Metro Fibernet, LLC If an LLC, list all member's names: Metro DevCo Borrower, LLC 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) Affiliates: Vexus Fiber, LLC, CMN-RUS, LLC ., CTS Communications, LLC, Jaguar Telecommunications, LLC See next page for information pertaining to footnotes and Z SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:--------------------------------- If an LLC, list the member's names: ---------------------------------------------------------------------- Page 2 of 5 Virginia Beach ---------------------------------------------------------------------- If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship"means"a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (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 5 Virginia Beach YES FN O SERVICE PROVIDER (use additional sheets if needed) ❑ Accounting and/or preparer of your tax return ❑ EZ" Architect/ Landscape Architect/ Land Planner Contract Purchaser (if other than ❑ the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ Ea/ purchaser of the subject property (identify purchaser(s) and purchaser's service providers) ❑ [J Construction Contractors ❑ Engineers / Surveyors/ Agents Financing (include current ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ [2 Legal Services Real Estate Brokers / ❑ Z 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 5 W""" 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. -Qer� 7/30/z- APPLICANT'S SIGNATURE PRINT NAME DATE PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 5 of 5 RECEIVED AUG 2 2024 CITY ATTORNEY CITY OF VIRGINIA BEACH r f PUBLIC HEARING PROPOSED ORDINANCE TO AMEND ANIMAL IMPOUNDMENT FEES On Tuesday,August 13,2024,at 6'00 p.m. at City Hall, 2401 Courthouse Drive, the Virginia Beach City Council will conduct a public hearing upon an ordinance to increase fees for animal impoundment at the Virginia Beach Animal Care and Adoption Center. A copy of the aforesaid ordinance may be inspected in the Office of the City Clerk,which is also located in City Hall. 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: TDD only 711 (TDD-Telephonic Device for the Deaf). 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 August 13, 2024. 2. Download WebEx and view the meeting at: ht i nc//vbQov,wehex.com /wehl in k/rP¢istar/r72a c2 88f14aO62ca7de0a566 3776d549 All interested parties are invited to participate. Amanda Barnes,MMC City Clerk PILOT-AUGUST 5,2024 i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend § 5-401 of the City Code Pertaining to Fees for the Impoundment of Animals and to Appropriate Funds PUBLIC HEARING: August 13, 2024 MEETING DATE: August 20, 2024 ■ Background: Virginia Beach City Code § 5-401 fixes the fees citizens pay for the impoundment of animals at the Virginia Beach Animal Care and Adoption Center. State law regarding fees related to impoundment requires the impoundment fees to approximate the actual cost of such impoundment. In this inflationary environment, the costs associated with staffing, food, veterinarian care (including vaccinations), and holding animals has increased. ■ Considerations: The attached ordinance increases certain impoundment fees to correspond to increased costs related to holding animals at the Animal Care and Adoption Center. The Animal Services Advisory Board fully supports this amendment. The increase to the fee amount is anticipated to yield an additional $13,915, which will be allocated to offset the increased expenses. ■ Public Information: Public information will be provided through the normal Council agenda process. A public hearing will be held to solicit input on August 13, 2024. ■ Recommendations: Adopt Ordinance ■ Attachments: Ordinance Requested by Councilmembers Berlucchi, Hutcheson, Remick, and Schulman SPONSORED BY COUNCILMEMBERS BERLUCCHI, HUTCHESON, REMICK, AND SCHULMAN 1 AN ORDINANCE TO AMEND SECTION 5-401 2 OF THE CITY CODE PERTAINING TO FEES 3 FOR THE IMPOUNDMENT OF ANIMALS AND 4 TO APPROPRIATE FUNDS 5 6 SECTION AMENDED: § 5-401 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 1. That Section 5-401 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and reordained to read as follows: 13 Sec. 5-401. Fees for the impoundment and adoption of animals, generally. 14 (a) The bureau of animal control is hereby authorized to charge a fee of fifty dollars 15 ($50.00) for the first twenty-fouri24j hour period � an animal is impounded and 16 twe fifteen dollars 15.00 4i.]*_per day for each additional day or part thereof for 17 the care of any animal impounded for any reason. Impoundment fees may be waived 18 If the animal is reclaimed within the first twenty-four(24) hour period and it is the first 19 time the animal has been impounded within a twelve(12) month period Ah additional 20 fee of fifty dollars ($50.00) shall be charged if it is the second time such animal has 21 been impounded within a twelve _(11 1_month period. For third and subsequent impoundments poundments within a twelve (12) month period there shall be an additional fee of 23 one hundred dollars ;G100.00). - - 24 (b) If a dog or cat impounded under this article is not claimed by its owner or caretaker 25 within five (5)days or within ten (10) days if the dog or cat has a collar, tag, license 26 tattoo, or other form of identificatlon, it shall be disposed of in accordance with the 27 provisions of Code of Virginia §3.1-796.96. 28 (c) In the event any person proposes to adopt such dog or cat, pursuant to such section, 29 he shall pay a fee of twenty-five dollars($25.00)for dogs; twenty dollars($20.00)for 30 cats; and fifteen dollars ($15.00) for all other animals to cover the cost of transfer, 31 seizure and veterinary care for the animal. 32 (d) Any person adopting an animal spayed or neutered at the expenses of the city shall 33 also incur an additional cost of one hundred dollars ($100.00) for dogs, and forty 34 dollars ($40.00) for cats. In the event sterilization services are not available from the 35 city, any person adopting an unaltered animal will be required to deposit an additional 36 one hundred dollars($100.00)for dogs,and forty dollars($40.00)for cats which shall 37 be reimbursed if proof of sterilization is presented to the bureau of animal control 38 within thirty (30)days of the adoption. 39 (e) Notwithstanding the provisions of subsections (c) and (d) above, the chief of police 40 is authorized to lower the adoption fees for(1)special adoption events and(2)In the 41 event of excessive shelter over-population. 42 (f) The person desiring to adopt the animal shall sign an adoption contract agreeing to 43 abide by the rules and regulations of the Animal Care and Adoption Center. 44 45 2. $13,915 is hereby appropriated, with miscellaneous revenue Increased 46 accordingly,to the Polite Department for expenses related to animal impoundment 47 at the Animal Care and Adoption Center. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2024. Requires an'affirmative vote by a majority of all of the members of the City Council. APPRO D S TO CONTENT: APPROVED AS TO CONTENT: Police D artment Budget and Management Services APPROVED AS TO LEGAL SUFFICIENCY: h/W Office of e City Attomey CA16605 R-1 July 23,2024 rs� (s" V, . ." ACQUISITION.BY AGREEMENT OR CONDEMNATION The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday, August 1.3,2024 at 6:00 p.m.,in the City Hall Building(Building Nl)at the Municipal Center, Virginia Beach, Virginia on the proposed acquisition, by agreement or condemnation, of the property and easements necessary for the Shore Drive Corridor Improvements - Phase III Project,CIP 100381(formerly CIP 2- 117)(the"Project").The purpose of this hearing will be to obtain public input regarding authorizing condemnation, if necessary,for the Project. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385- 4303;Hearing Impaired,call 1"800- 828-11M(Virginia Relay-Telephone Device for the Deaf). Any questions concerning this hearing should be directed to the Office of Real Estate, Building#23, 2473 North Landing Road, at the Virginia Beach Municipal Center, (757)385-4161. All interested parties are invited to participate. 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 757-3854303 prior to 5:00 p.m.on August 13, 2024. 2. Download WebEx and view the meeting at: hUs,//vh9nv_webax.com/wPbI gnv.webex.com/wPbI 0k/re9istPr/r72ac 88f14a06 ca7dP.()ar%6.1776d54q All interested parties are invited to participate. Amanda Barnes,MIMIC City Clerk PILOT: 8/4/2024 2 J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize acquisition of property in fee simple for right-of-way for the Shore Drive Corridor Improvements - Phase III Project, CIP 100381 (formerly CIP 2-117), and the acquisition of temporary and permanent easements, either by agreement or condemnation, reflecting areas changed since previous authority was granted PUBLIC HEARING DATE: August 13, 2024 MEETING DATE: August 20, 2024 ■ Background: On December 6, 2022, Council adopted Ordinance ORD-3717C (the "2022 Ordinance") approving the major design features and authorizing the acquisition of property and easements by agreement or condemnation for the Shore Drive Corridor Improvements - Phase III Project, CIP 100381 (formerly CIP 2-117) (the "Project"). The Project is to improve safety for motorists, pedestrians, and bicyclists. The Project includes bike lanes, sidewalks and crosswalks, and property entrances will be consolidated and oriented to the side streets where practical. New drainage pipes and structures will be added. In areas of known flooding, the roadway profile will be raised. Overhead utilities will be relocated underground at the intersections and mid-block crossings to improve visibility as well as aesthetics. New streetlights and lower-level pedestrian lighting will be provided, and existing signalized intersections will be upgraded with new uniform mast arm signal equipment. The corridor will remain a four-lane, divided arterial facility with a raised median. The speed limit will remain 35 miles per hour. Since the 2022 Ordinance was adopted, Public Works has made various design changes to the Project along Shore Drive including: changes to access (ingress/egress to Shore Drive), relocation of public and private utilities, and sizes of property and easements being acquired for the Project. The plats and plans for the Project have been amended to include the revised areas. ■ Considerations: The major design features of the Project, as approved in the 2022 Ordinance, have not changed. ■ Public Information: An advertised public hearing will be held on August 13, 2024, and public notice will be provided via the normal Council agenda process. A previous hearing on the Project occurred on November 15, 2022. ■ Alternatives: Deny the Ordinance and risk delaying the Project ■ Recommendation: Approval. ■ Attachments: Ordinance, Ordinance 3717C and Location Map (dated 10/21/2022) Recommended Action: Approval Submitting Department/Agency: Public Works/Engineering & Public Works/Real Estate City Manager: ,V, 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 RIGHT-OF-WAY FOR THE SHORE DRIVE FOR 4 CORRIDOR IMPROVEMENTS - PHASE III 5 PROJECT, CIP 100381 (FORMERLY CIP-2- 6 117), AND THE ACQUISITION OF 7 TEMPORARY AND PERMANENT 8 EASEMENTS, EITHER BY AGREEMENT OR 9 CONDEMNATION, REFLECTING AREAS 10 CHANGED SINCE PREVIOUS AUTHORITY 11 WAS GRANTED 12 13 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 14 public necessity exists for the construction of this important roadway project to improve 15 transportation within the City and for other related public purposes for the preservation of 16 the safety, health, peace, good order, comfort, convenience, and for the welfare of the 17 people in the City of Virginia Beach; 18 19 WHEREAS, on December 6, 2022 City Council adopted Ordinance 3717C 20 approving the major design features and authorizing the acquisition of property and 21 easements by agreement or condemnation for the Shore Drive Corridor Improvements — 22 Phase III Project, CIP 100381 (formerly CIP 2-117) (the "Project"); 23 24 WHEREAS, due to Project design changes, it is necessary to amend the City 25 Council's authorization to acquire property and easements either by agreement or 26 condemnation to reflect the updates to the plats and plans since Ordinance 3717C was 27 adopted; and 28 29 WHEREAS, the major design features of the Project as previously approved have 30 not changed. 31 32 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 33 VIRGINIA BEACH, VIRGINIA: 34 35 Section 1. That the City Council authorizes the acquisition by purchase or 36 condemnation pursuant to Sections 15.2-1901, et seq., Sections 33.2-1007, et seq., and 37 Title 25.1 of the Code of Virginia of 1950, as amended, of all that certain real property in fee 38 simple, including temporary and permanent easements and entire tracts upon which such 39 rights-of-way or easements shall be located, within the limitations and conditions of Section 40 33.2-1007 of the Code of Virginia of 1950, as amended (the "Property"), as shown on the 41 Project plans entitled "SHORE DRIVE CORRIDOR IMPROVEMENTS- PHASE III CIP#2- 42 117 AND #7-409 PWCN-11-1092; UPC #102739 STATE PROJECT NO. 0060-134-R67, 43 and more specifically described on the acquisition plats for the Project (plats and plans 44 collectively referred to as the "Plans"), the Plans being on file in the Engineering Division, 45 Department of Public Works, City of Virginia Beach, Virginia. 46 47 Section 2. That the City Manager is hereby authorized to make or cause to be made 48 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 49 offer to the owners or persons having an interest in said Property. If refused, the City 50 Attorney is hereby authorized to initiate, prosecute and settle or resolve proceedings to 51 condemn said Property. 52 53 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 54 , 2024. CA16483 PREPARED: 5/23/2024 R-1 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM , o c_.' PUBLIC WORKS/REAL ESTATE CITY TORN Y o 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR THE SHORE DRIVE CORRIDOR 4 IMPROVEMENTS - PHASE III PROJECT, CIP 5 100381 (FORMERLY CIP 2-.117), AND THE 6 ACQUISITION OF TEMPORARY AND 7 PERMANENT EASEMENTS, EITHER BY 8 AGREEMENT OR CONDEMNATION 9 10 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 11 public necessity exists for the construction of this important roadway project to improve 12 transportation and safety within the City and for other related public purposes for the 13 preservation of the safety, health, peace, good order, comfort, convenience, and for the 14 welfare of the people in the City of Virginia Beach. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 19 Section 1. That the City Council authorizes the acquisition by purchase or 20 condemnation pursuant to Sections 15.2-1901, et seq., Sections 33.2-1007, et sea., and 21 Title 25.1 of the Code of Virginia of 1950,as amended, of all that certain real property in fee 22 simple, including temporary and permanent easements and entire tracts upon which such 23 rights-of-way or easements shall be located,within the limitations and conditions of Section 24 33.2-1007 of the Code of Virginia of 1950, as amended (the "Properly"), as shown on the 25 plans entitled "SHORE DRIVE CORRIDOR IMPROVEMENTS - PHASE III CIP # 2-117 26 AND#7-409 PWCN-11-0192; UPC#102739 STATE PROJECT NO. 0060-134-R67" (the 27 "Project"),and more specifically described on the acquisition plats for the Project (plats and 28 plans collectively referred to as the "Plans"), the Plans being on file in the Engineering 29 Division, Department of Public Works, City of Virginia Beach, Virginia. 30 31 Section 2. That the City Manager is hereby authorized to make or cause to be made 32 on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable 33 offer to the owners or persons having an interest in said Property. If refused, the City 34 Attorney is hereby authorized to initiate, prosecute and settle or resolve proceedings to 35 condemn said Property. 36 37 Adopted by the Council of the City of Virginia Beach, Virginia,on the 1 day of 38 L�EC 2022. PREPARED: 10/20/2022 CA15811 R-1 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM PUBLIC WORKS/ AL ESTATE CITY; TTOR EY N W E S r` OIL rn OR t n .0 N HORE; * ' OG 03 do 40 H S R n Z E N m eo M1 Po� MY �..,��'� •a°�� '®fro '° � �, '�` SPA ��►�,' o �wa® ► '� '� tinow y� BAW low— LOCATION MAP Legend rDOL'PHIN�RD , - BASIN�RD irl� ' ' �•ri� -� �° .�. SHORE DRIVE City Properties ��• `� tc; CIP #100381 ` f Project Area Feet mppq0 300 600 1,200 Prepared by P.W./Eng./Eng. Support Services Bureau 1 /21/2 2 X:ICADD\ProjectsWRC Flles\AGENDA MAPS\CIP 100381\CIP 100381 Aerial mxd K. FORMAL SESSION AGENDA 1. CONSENT AGENDA L. ORDINANCES/RESOLUTIONS l. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned Property known as Sandbridge Shores Bass Inlet and into a 5-foot City-owned drainage and utility easement, located at the rear of 2909 Sand Bend Road re construct and maintain a L-Head timber pier, aluminum boat lift with timber piles, aluminum gangway with a timber floating pier and vinyl bulkhead with return walls DISTRICT 2 2. Ordinance to AUTHORIZE temporary encroachments into several City-owned public drainage easements and into a City-owned variable width public pedestrian access easement, all located along Holland Road re construct and maintain a RCP outfall pipe with associated rip-rap, box culvert with associated endwalls, private road, RCP pipe, access path, PVC watermain,domestic waterline, RCP and an endwall with related class 1 rip- rap DISTRICT 3 3. Ordinance to DONATE to the Sheriff of Patrick County, Virginia re 5,000 rounds of unused Winchester Ranger ammunition 4. Ordinance to ACCEPT and APPROPRIATE $1,425,947 from the Virginia Department of Behavioral Health and Development Services to the FY2024-25 Human Services Operating Budget and AUTHORIZE six (6) full-time positions re support the existing Permanent Supportive Housing Program 5. Ordinance to ACCEPT and APPROPRIATE $684,390 from the Virginia Department of Elections to the FY2024-25 Voter Registration and Elections Operating Budget re purchase and implementation of ballot-on-demand systems 6. Ordinance to ACCEPT and APPROPRIATE$50,000 from the Fairstead Management, LLC to the FY2024-25 Parks and Recreation Operating Budget re additional programming and community services for the residents of Atlantis Apartments and the Seatack Community 7. Ordinance to ACCEPT and APPROPRIATE $50,000 from the Virginia Department of Criminal Justice Services(DCJS)via Southern Virginia Internet Crimes Against Children Task Force and the Bedford County Sheriff s Office to the FY2024-25 Police Department Operating Budget re overtime, purchase of equipment, travel and training to enhance efforts to address internet crimes against children 8. Ordinance to ACCEPT and APPROPRIATE $48,690 from the Virginia Department of Criminal Justice Services (DCJS) to the FY2024-25 Human Services Operating Budget re Community Corrections and Pretrial Services Program 9. Ordinance to ACCEPT and APPROPRIATE $43,918 from the Virginia Department of Criminal Justice Services (DCJS) to the FY2024-25 Commonwealth Attorney Operating Budget re the Victim Witness grant 10. Ordinance to ACCEPT and APPROPRIATE $25,000 from the Virginia Department of Criminal Justice Services (DCJS) to the FY2024-25 Commonwealth Attorney Operating Budget re the Witness Protection grant 11. Ordinance to ACCEPT and APPROPRIATE $24,900 from the Virginia Office of the Executive Secretary to the FY2024-25 Commonwealth Attorney Operating Budget and AUTHORIZE 25% in-kind match from Human Services re purchase of drug and alcohol testing supplies 12. Ordinance to ACCEPT and APPROPRIATE $15,500 from the Virginia Department of Behavior Health and Developmental Services to the FY2024-25 Human Services Operating Budget re Problem Gambling Prevention Program 13. Ordinance to ACCEPT and APPROPRIATE $8,000 from the Western Tidewater Community Services Board to the FY2024-25 Human Services Operating Budget re peer support services 14. Ordinance to APPROPRIATE $353,072 of fund balance to the General Fund to the FY2024- 25 Parks and Recreation Operating Budget re expand the Parks After Dark Program to the Level Green Neighborhood in the summer of 2025 and AUTHORIZE 3.1 full-time equivalent positions to support program expansion 15. Ordinance to APPROPRIATE $38,000 from the fund balance of the Oyster Heritage Trust Fund to the FY2024-24 Public Works Operating Budget re oyster shell recycling and education programs 4 t� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City- owned property known as Sandbridge Shores Bass Inlet and into a 5' City-owned drainage and utility easement, located at the rear of 2909 Sand Bend Road MEETING DATE: August 13, 2024 ■ Background: Rita S. and Robert A. Bellitto (the "Applicants") request permission to construct and maintain an L-Head timber pier, an aluminum boat lift with timber piles, an aluminum gangway with a timber floating pier and a vinyl bulkhead with return walls (collectively the, "Temporary Encroachment") into City-owned property known as Sandbridge Shores Bass Inlet and into a 5' City-owned drainage and utility easement (collectively, the "Encroachment Area") located at the rear of 2909 Sand Bend Road. ■ Considerations: City staff reviewed the Temporary Encroachment and have recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in the City-owned property and easement, which is where the Applicants have requested to encroach. This application was processed prior to the recent changes to create an administrative process for Sandbridge encroachments, so it is proceeding using the process in place at the time the application was received. ■ Public Information: Public notice will be provided via the normal City Council agenda process. ■ Alternatives: Deny the Temporary Encroachment or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Agreement, Exhibit, Photos, Location Map and Disclosure Statement. Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate 6 City Manager: /AV 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF CITY-OWNED 6 PROPERTY KNOWN AS SANDBRIDGE 7 SHORES BASS INLET AND INTO A 5' 8 CITY-OWNED DRAINAGE AND UTILITY 9 EASEMENT, LOCATED AT THE REAR 10 OF 2909 SAND BEND ROAD 11 12 WHEREAS, Rita S. and Robert A. Bellitto (the "Applicants") request 13 permission to construct and maintain a 14' x 16' L-Head timber pier, a four (4) pile 14 aluminum boatlift, a 12' x 14' timber floating pier with a 3' x 12' gangway and 98 linear 15 feet vinyl bulkhead with a 6' and 10' return wall (collectively, the "Temporary 16 Encroachment") into City-owned property known as Sandbridge Shores Bass Inlet(GPIN: 17 2433-33-0267) and into a 5' City-owned drainage and utility easement (collectively, the 18 "Encroachment Area"), located at the rear of 2909 Sand Bend Road (GPIN: 2433-34-3152); 19 and 20 21 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 22 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 23 the City's property and easements subject to such terms and conditions as Council may 24 prescribe. 25 26 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 30 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Rita S. and Robert A. Bellitto, 31 their heirs assigns and successors in title are authorized to construct and maintain the 32 Temporary Encroachment within the City-owned property known as Sandbridge Shores 33 Bass Inlet and into a 5' City-owned drainage and utility easement as shown on the map 34 entitled: "EXHIBIT'A' - ENCROACHMENT REQUEST FOR A PROPOSED TIMBER PIER, 35 (4)TIMBER PILE ALUMINUM BOATLIFT, ALUMINUM GANGWAY, TIMBER FLOATING 36 PIER, AND A VINYL BULKHEAD FOR: ROBERT A. & RITA S. BELLITTO 2909 SAND 37 BEND ROAD LOT 87, SECTION 3, BACK BAY MEADOWS M.B. 67, PG. 45," Scale: 1" _ 38 40', dated January 22, 2024, prepared by Stone Green Consulting, LLC, a copy of which is 39 attached hereto as Exhibit A and on file in the Department of Public Works and to which 40 reference is made for a more particular description; 41 42 BE IT FURTHER ORDAINED,that the Temporary Encroachment is expressly 43 subject to those terms, conditions and criteria contained in the agreement between the City 44 of Virginia Beach and Rita S. and Robert A. Bellitto (the "Agreement"), an unexecuted copy 1 45 of which has been presented to the Council in its agenda, and will be recorded among the 46 records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; 47 48 BE IT FURTHER ORDAINED, that the City Manager or his authorized 49 designee is hereby authorized to execute the Agreement; and 50 51 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 52 such time as Rita S. and Robert A. Bellitto and the City Manager or his authorized designee 53 execute the Agreement. 54 55 Adopted by the Council of the City of Virginia Beach, Virginia, on the 56 day of , 2024. CA16488 R-1 Prepared: 7/10/24 APPROVED AS TO C ENT: APPROVED AS TO LEGAL SU CIENCY AND FORM: J PUBLI O S / REAL ESTATE DANA R. HARMEYER DEPUTY CITY ATTORNEY 2 BELUTTO ENCROACHMENT EXHIBIT N BASS INLET SANDBRIDGE SHORES BASS INLET EBB NOW OR FORMERLY W 2FLOOD-- CITY OF VIRGINIA I9EACH GPIN:2433-33-0267 If M.B. 103, PG. 25 S PROPOSED OPEN PILE M.B.67 PG.45 TIMBER PIER WITH A PROPOSED 12'x 14' 14'x 16'L-HEAD TIMBER FLOATING PIER WITH A 3'x 12' N N GANGWAY 32.9'---1 PROPOSED(4) in N 79.26'00'E PILE ALUMINUM 5 0' 100.00' BOATLIFT `° PIER DETAIL 1"=30' 0 4.3' 1.2' 13' PROPOSED 98 LF OF 14' VINYL BULKHEAD WITH 21 c A 6'& 10'RETURN WALL �+ 16' c o 0 lw LOT 86 LOT 87cs NOW OR FORMERLY I NOW OR FORMERLY ( m . 5' NICHOLAS&HELEN DIVARIS ROBERTA.&RITA S.BEWTTO REVOCABLE TRUST GPIN:2433-34-3152 LOT 88 GPIN:2433-34-2150 INST:202203023560 I NOW OR FORMERLY INST:2005072701 16574 M.B.67,PG.45 MICHAEL A.&HELEN D.SNYDER M.B.67, PG.45 3 GPIN:2433-34-4145 o -- INST:20170626000537810 ,,� o M.B. 67,PG.45 o S'EASEMENT ALONG Z EACH LOT LINE GRANTED o �t p L T H 0�. TO CITY OF VB FOR DRAINAGE AND UTILITIES (M.B.67 P.45) o Z oo•w-- " SEAN E. GREEN a SAND BEND ROAD 684'TO ROCK Al1c. No. 0402 64005 50'RIGHT-OF-WAY LANE M.B. 67, PG.45 f -21-24 \ 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. s TONAL E�G 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. PROPOSED IMPROVEMENTS 0 40 80 EXHIBIT'A'-ENCROACHMENT REQUEST FOR A PROPOSED TIMBER PIER, (4) TIMBER PILE ALUMINUM BOATLIFT, SCALE:1"=40' ALUMINUM GANGWAY, TIMBER FLOATING PIER, AND A ENGINEERING SERVICES PROVIDED BY: VINYL BULKHEAD STONE GREEN CONSULTING, LLC FOR: ROBERT A.& RITA S. BELLITTO 4014 MEDINA ROAD#1015,AKRON, OH 44333 2909 SAND BEND ROAD (330)400-3811 LOT 87, SECTION 3, BACK BAY MEADOWS Q2024 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED M.B. 67, PG.45 JANUARY 22,2024SHEET 1 OF 2 BELLITTO ENCROACHMENT EXHIBIT PROPOSED BOAT LIFT CROSS SECTION �\ INOUNTMG oPrlloFu: I CAM ROUTING: ;? PILING MOUNT SIDE MOUNT SINGLE PULL DOUBLE PULL TRIPLE PULL 5K-24K LIFTS 1 i6K LIFTS -SF-7K LIFTS lOK-1 KK UFTS 20K-24K '. .. D D uFrs D E A B1 • FMOW i y ra.cwceeuMX 1 Mll m".M DEai ucuA a5 � T NN.18KsT1 IRII E0.1 M/IOCQ No c al/zn�xNn ws B NOTE:LOAD SIIOUID EVB4T Of GUY D 11'PO6R10NAG TIE CENTER +'� OF GRAVRY DIECILY pi OWNPIE IN JULUS 11E lF7►EG REMtt AS S/IOWN H iNE 11US1RA110N .r (A) (B) MINIMUM 2019 TOP BEAM(A) CRADLE BEAM BLINXS CABLE SIZE 1 D) DRIVE M.P.MOTOR 1 F 1 �T PILING (SIZE i CITY.) T�LMO RIOAT LIFT PILINE!SP�REn sA00 LL S'CHANNEL x 12'6' 4'X 6•X 10' 5/16'SS 7/19 3/1 M.P.(CITY.2) SINGLE 22OV 49A EACH 7p00 LL 6•CHANNEL X 12'6• 1'X 6'X 12'6' (31 iULL 1 M.P.(CITY.2) FOLD�-- W 9M TO (a)IORTTO 220V 6AA EACH LB TS STM STAP80AND loAoo LL p 3/1 M.P. OD l8. .(CITY.21 B•(CITY.41 3 Ian WW "am 7•CHANNEL X 12'6' S'X 8'X 12'6' 5/16•SS 7/19 221 49A EACH $ 10 FT 13,000 LL (323)DOUBLE c 7A00 L PULL 1 M.P.(CITY.2) iSAM LL S'CHANNEL X 12'6• 6'x 70'X 14' S 220V 61A EACH L'' 10AM LL 12 FT 6 IN 12 FT 6 IN 13A00 LB. 20 000 LL 6'X 10'X 15' 3/4 H.P.IQTY.2) 5/16'SS 7/19 220V 49A EACH 10'(CITY.4) 16A00 LB. 9'CHANNEL x 11 6' (313)TRIPPLE 14 FT 24AN LL 7•X 12'X 16' PULL 1 M.P.(CITY,2) 20"LL 220V 6,11A EACH 24,00p La 14 FT 6 IN is FT 16 FT TTTLE: PFL BOOa2S111b ON1t.LLP OF IfQ SPEdACa1gN RY CONiRAL iOR,el.d. f EAI 5K-24K 4 POLE BOAT LIFT F 's`7oun alAvtaHMMLBSIMSL9+CiFEHPFORALL COST a0AMAf:E3 iDnAN1ER.COM tKaM F�i APPELIAIE fm Rekkw G 1ROM MATE W ►A.sox I I b a COHS"tUCTKM PRACCIICF3 BEYOND ENGINEERING SHEET "��Nc� '""G'°U"'�fOlt"LOCAL STAYL&rex A►C�aFDRM ilOr1S OF 1/6►LAK EXC9f AS IDPR�LY PROVIDED N HERERE,No Nio1 Am IION OR ARiMA1101G ARE"Wam. c A tOrsw„ Au wEL:CK.«:.KM NOT VBII®TM XX WE RIORMAIXX4 COM 4" O , S IZEDWG. NO. REVS M 6 6A3®ON CONTRACTOR SUPPLIED DATA A!4)MEASUREA1EN13. .T AEA wELaL NC.SHALL HOT M HELD RBPONS E OR LIARIE IN Am WAY ENGINEERING Q'""" 016 OR RiAOGIRAIE DATA OR MENSUMEM&M.wax WAYol ran o u °•�e vEr1�PRR7R t0 COr61RUCEq►L PALL w[LCH,NC.SNML K NOIEI♦ �. 'iae�im�OM�wo��t� AHYMACdRAiFPRpRT0 J1TgP1O'EOf A 7CN! A3 NOR31 Tbl SHEET 1 OF 1 Lic. No. 0402 64005 6-21-24 N A l PROPOSED IMPROVEMENTS EXHIBIT'A'-ENCROACHMENT REQUEST FOR A PROPOSED TIMBER PIER, (4) TIMBER PILE ALUMINUM BOA TLIFT, ALUMINUM GANGWAY, TIMBER FLOATING PIER,AND A ENGINEERING SERVICES PROVIDED BY: VINYL BULKHEAD STONE GREEN CONSULTING, LLC FOR: ROBERT A. & RITA S. BELLITTO 4014 MEDINA ROAD#1015, AKRON, OH 44333 2909 SAND BEND ROAD (330)400-3811 LOT 87,SECTION 3, BACK BAY MEADOWS M.B.67, PG.45 JANUARY 22, 2024 ©2024 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED SHEET 2 OF 2 PREPARED BY VIRGINIA BEACH CITYATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this day of V L" y 2024 b > Y and between the CITY OF VIRGINIA BEACH VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and RITA SWEET BELLITTO f/k/a RITA G. SWEET and ROBERT A. BELLITTO, wife and husband, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, collectively "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as Lot "87", Section 3, as shown on that certain plat entitled: "SECTION 3, BACK BAY MEADOWS, PROPERTY OF NORTH BAY DEVELOPMENT CORPORATION, PRINCESS ANNE BOROUGH, VIRGINIA BEACH VIRGINIA," SCALE: 1" = 100', dated July 16, 1964, prepared by W.B. Gallup, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 67, at page 45, and being further designated, known, and described as 2909 Sand Bend Road, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to construct and maintain a 14' x 16' L-Head timber pier, a four (4) pile aluminum boat lift, a 12' x 14' timber floating pier with a 3' x 12' gangway, and 98 linear feet vinyl bulkhead with a 6' and 10' return wall, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: 2433-33-0267 (SANDBRIDGE SHORES BASS INLET) GPIN: 2433-34-3152 (2909 SAND BEND ROAD) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City-owned property known as Sandbridge Shores Bass Inlet (GPIN: 2433-33-0267) and into a 5' City-owned drainage and utility easement (collectively, the "Encroachment Area"), located at the rear of 2909 Sand Bend Road; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT 'A' — ENCROACHMENT REQUEST FOR A PROPOSED TIMBER PIER, (4) TIMBER PILE ALUMINUM BOATLIFT, ALUMINUM GANGWAY, TIMBER FLOATING PIER, AND A VINYL BULKHEAD FOR: ROBERT A. & RITA S. BELLITTO 2909 SAND BEND ROAD LOT 87, SECTION 3, BACK BAY MEADOWS M.B. 67, PG. 45,"Scale: 1" = 40', dated January 22, 2024, prepared by STONE GREEN CONSULTING, LLC., a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. 2 Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 3 It is further expressly understood that any existing encroachments referenced in the attached Exhibit or in this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by 4 this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, RITA SWEET BELLITTO f/k/a RITA G. SWEET and ROBERT A. BELLITTO, wife and husband, the said Grantees, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS LEFT INTENTIONALLY BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2024, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He is personally known to me. Notary Public (SEAL) Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 2024, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. Notary Public (SEAL) Notary Registration Number: My Commission Expires: 6 Rita Sweet Bellitto, f/k/a Rita G. Sweet Robert A. Bellitto STATE OF " �9 ti0�, CITY/COUNTY OF N , to-wit- The foregoing instrument was acknowledged before me this t `flay of NJt , 2024, by Rita Sweet Bellitto, f/k/a Rita G. Sweet and Robert A. Bellitto, wife and husband. Qmw;� I�nd�_ (SEAL) Nota P blic ASHLEY RENEEJANECHEK Notary Registration Number 11,99 QQ NOTARY PUBLIC REG. *7770977 My Commission Expires: COMMONWEALTH O MY COMMISSION EXPIRES n APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM IC W — REAL ESTATE . HARMEYER DEPUTY CITY ATTORNEY 7 BELLITTO ENCROACHMENT EXHIBIT N BASS INLET SANDBRIDGE SHORES BASS INLET -EBB NOW OR FORMERLY FLOOD CITY OF VIRGINIA BEACH GPIN:2433-33-0267 E M.B. 103, PG. 25 S PROPOSED OPEN PILE M.B.67 PG.45 TIMBER PIER WITH A PROPOSED 12'x 14' 14'x 16'L-HEAD TIMBER FLOATING PIER 32 r' a? WITH A 3'x 12' N N GANGWAY N PROPOSED (4) in N 79'26'00'E PILE ALUMINUM °i 5 0� 100.00' BOATLIFT . `° PIER DETAIL 1"=30' b 4.3' 1.2' 13' PROPOSED 98 LF OF �, in 21' 14' VINYL BULKHEAD WITH ° 12' N A 6'& 10'RETURN WALL v, 16' in o � .0 .A LOT 86 + NOW OR FORMERLY I LOT 87 NOW OR FORMERLY NICHOLAS&HELEN DIVARIS ROBERTA.&RITA S.BELLITTO REVOCABLE TRUST GPIN:2433-34-3152 LOT 88 GPIN:2433-34-2150 INST:202203023560 NOW OR FORMERLY INST:2005072701 16574 M.B.67,PG.45 I MICHAEL A. & HELEN D.SNYDER M.B. 67, PG. 45 GPIN:2433-34-4145 o INST.-20170626000537810 0 o M.B. 67, PG. 45 m o_ 5'EASEMENT ALONG EACH LOT LINE GRANTED �I L T H 0,,e, Z TO CITY OF VB FOR DRAINAGE AND UTILITIES (M.B.67 P.45) �r O 00•w " SEAN E. GREEN y SAND BEND ROAD 684'TO ROCK ALic. No. 0402 64005 50'RIGHT—OF—WAY LANE M.B. 67, PG. 45 FSS6-N—2 ECG\ 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. 2. THIS EXHIBIT IS INTENDED FOR AN ENCROACHMENT REQUEST ONLY. 3. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 4. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR THE VERIFICATION OF THE RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. PROPOSED IMPROVEMENTS 0 40 80 EXHIBIT A'-ENCROACHMENT REQUEST FOR A PROPOSED TIMBER PIER, (4) TIMBER PILE ALUMINUM BOA TLIFT, SCALE: 1"=40' ALUMINUM GANGWAY, TIMBER FLOATING PIER, AND A ENGINEERING SERVICES PROVIDED BY: VINYL BULKHEAD STONE GREEN CONSULTING, LLC FOR: ROBERT A. & RITA S. BELLITTO 4014 MEDINA ROAD#1015, AKRON, OH 44333 2909 SAND BEND ROAD (330) 400-3811 LOT 87, SECTION 3, BACK BAY MEADOWS M.B. 67, PG.45 JANUARY 22, 2024 ©2024 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED SHEET 1 OF 2 BELLITTO ENCROACHMENT EXHIBIT PROPOSED BOAT LIFT CROSS SECTION MOUNTING OPTIONS: CABLE ROUTING: a a' PILING MOUNT SIDE MOUNT SINGLE PULL DOUBLE PULL TRIPLE PULL SK-24K LIFTS 5K-16K LIFTS 5K-7K LIFTS 1 OK-16K LIFTS 20K-24K I uFrs E A D D F D Bl • C ) MdNf IMImNARE:SR x PING OVA 17ET9tlAl®n "t; NTI DIt?alAO blT CG.IIRACFOR OCAS xNss ?MN.INIGM IHDRGU I L. AND H tl�trrallExlrul Flu LaOCxS B NOTE:LOAD SHOULD BE EVENLY DISTRIBUTED BY POSITIONING THE CENTER OF GRAVITY DIRECTLY N THE CENTER OF THE ,.• �Ri USTNG BEAMS AS SHOWN N THE ILLUSTRATION-4 PILIMNNIG . (A) lB) A P MINIMLIM 2011 TOP BEAM(A) CRADLE BEAM BLINXS CABLE SIZE(D) [�VE H.P.MOTOR I F) DRIVE SHAFT PILING (SIZE a QTY.) 4 PILING BOAT LIFT PIUNG SPACING 5,000 LB. S"CHANNEL X 12'6- 4"X 6-X 10' SAW SS 7/19 3/4 H.P.AEA 2) 2IOv 49A EACH (a)PORTTORr (913)SINGLE FOUR PILING (A)BOW TO 7,000 LB. 6"CHANNEL X 12'6' 4"X 6"X 12'6" 3 PULL 1 H.P.(QTY.2) Lrrsl, lCS) 220V 6BA EACH LIFTS (OURpES) (CENTEB� 10AN LB. 0 220V 49A EACH 3/4 M.P.(QTY.2) B'(QTY.4) 5,00018 g 10 FT 7"CHANNEL X 12'6' S'X 8"X 32'6" 5/16'SS 7/19 � � 7 000� 15,00 0 LB. (.313)DOUBLE o� 1 H.P.(QTY.2) PULLac 10'000 220V 6BA EACH F,'' LB' 12 FT 6 IN 12 FT 6 IN 16,000 ILL 8'CHANNEL%12'6" 6'X 10"X 14' C 13,000 LB. 3/4 H.P.(QTY.2) ~ l 6"X 10"%15' i 5/16'$S 7/19 22OV 49A EACH 10'(QTY.4) 16,000 LB. 14 FT 9"CHANNEL XI4'6" (.313)TRIPPLF 1 H.P.(QTY.2) LB 15 FT 7"X 12"X 16' PULL 14 FT 61N 24;:L 220V 6BA EACH 24A=I.S. 16 FT TITLE: PH:B00.3251116 Y. S SPPFCFr—AFFOW HERETOA?X>N By BAL y CCOES�w�oR-sly.cW."S ENGINEER$SEAL SK-24K 4 POLE BOAT LIFT FA%2M-747-4sn SAV6MAWALM THIS ENG04ER FOR ALL COST aDAMAGES TDETAMETL.COM EGAL RIMS a APPELLATE FEEL RBULiRX'FROM MATRIAL P.O.Box 111/ gm= SYSTEM ERECTION a CONSMICTION PRACTICES BEYOND ENGINEERING SHEET SHOW"IL '�° �"'ELAKEXCEPT A004MES.a'� LC°°saF°RM ��pLTH OF 1IO16 OF M6 PLAN,EXCEPT LOCAL. A.STATESIY►REND®N ES&FHEREIN. M MOIrfAIY AM TON OR AFFIRMATIONS ARE INTENDED. ALL WELCH.INC.HAS NOT V6111D TM6 JOB SIRE.►*ORMATK)FI CONTAINED 'I SIZE DWG. NO. REV coTRto�Rlw 6 BASED ON CONTRACTOR SUPPLED DATA AND MEASUREMENTS. AUL WELCH.INC.SHALL NOT BE HELD RESPONSIBLE OR LIABLE N ANY WAY claw-a n/o.i� ERROQNEOIA OR INACCURATE DATA OR MEASULEPARM.WORK SNAIL A ENGINEERING .nwm»«ewoa¢nw VERB POOR 10 CONSTRUCTION.PALE WELCH.INC.SIiAJ1 BE NETI� 1r� .AIL OMB WMdl MNOW PE AND fABRICZATION AND INSTALLATION OF MATERL-AZLS. rrond Fennauow ara nATE ..�a GNBI AN OPFORIIiNR`I TO REEVALUATE OUR WORK UPON DISCOVER SCAIF As HDI® p�.1 SHEET I OF I N0�"g A � ANY INACCURATE INFORMATION PRIOR TO MODF CATION OF UMM 2 JEAN E. GRELIl Lic. No. 0402 64005 A F 6-21-24 SS/ONAL ENG PROPOSED IMPROVEMENTS EXHIBIT'A'-ENCROACHMENT REQUEST FOR A PROPOSED TIMBER PIER, (4) TIMBER PILE ALUMINUM BOA TLIFT, ALUMINUM GANGWAY, TIMBER FLOATING PIER,AND A ENGINEERING SERVICES PROVIDED BY: VINYL BULKHEAD STONE GREEN CONSULTING, LLC FOR: ROBERT A. & RITA S. BELLITTO 4014 MEDINA ROAD#1015, AKRON, OH 44333 2909 SAND BEND ROAD (330)400-3811 LOT 87,SECTION 3, BACK BAY MEADOWS M.B.67, PG.45 1ANUARY 22, 2024 Q2024 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED SHEET 2 OF 2 BeLlitto Encroachment Picture Exhibit 5 ,M View APPLICANT LOT q� ;r Looking Bellitto Encroachment Picture Exhibit w; APPLICANT LDT Ar 4 c T View looking East W N O �y �E m S 0 SITE D N 5' UTILITY AND DRAINAGE D EASEMENT �O 004, ♦ ♦ ♦ O 6�N0 RO SPN D LOCATION MAP ENCROACHMENT REQUEST Legend OWNER: ROBERT AND RITA BELLITTO \ GPIN: 2433-34-3152 ®2433-34-3152 Feet City Property 0 50 100 200 'repared by P.W./Enq./Enq.Support Services Bureau 05/02/2024 X:\CADD\Projects\ARC Files\AGENDA MAPS\2433-34-3152\2433-34-3152.mxc r� W E a . . S fA s° �,.6.. , x ti� ♦ Y �� 1 N i r r v t, N Vw--goir - v. V a LOCATION MAP ENCROACHMENT REQUEST Legend OWNER: ROBERT AND RITA BELLITTO 2433-34-3152 GPI N: 2433-34-3152 Feet City Property 0 50 100 200 will repared by P.W./Enq./Enq.Support Services Bureau 05/02/2024 XACADD\Projects\ARC Files\AGENDA MAPS\2433-34-3152\2433-34-3152 Aerial.mxc CITY . • Disclosure GINIA Statement BEACH 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. 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, boards, commissions, or other bodies. SECTION • • DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Rita Sweet Bellitto f/k/a Rita G. Sweet & Robert A. Bellitto Is Applicant also the Owner of the subject property? Yeso No@ If no, Property Owner must complete SECTION 2: PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? Yes@ NoO If yes, name Representative: Robert Simon - Waterfront Consulting, Inc. Is Applicant a corporation, partnership, firm, business,trust or unincorporated business? YesONo@ If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes No • If yes, name proposed or pending purchaser: 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? Yeso No@ If yes, name the official or employee, and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ: The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Financing (mortgage, deeds of trust, O O cross-collateralization, etc.) Real Estate Broker/Agent/Realtor O @ Disclosure Statement I rev. M a y-2024 page 1 of 3 SECTION • • - • SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Accounting/Tax Return Preparation 0 Architect/Designer/Landscape O O Architect/Land Planner Construction Contractor 0 0 Daniel Yates-Sandbridge Marine Corp. Engineer/Surveyor/Agent 0 0 Sean E. Green, P.E.-Stone Green Consulting, LLC Legal Services 0 E) APPLICANT CERTIFICATION READ:I certify that all information contained in this 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 three 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. Rita & Robert Bellitto Applicant Name (Print) Applicant Signature Date 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. FOR CITY USE ONLY: No changes as of(date): Staff Name (Print) Staff Signature Date Disclosure Statement I rev. M a y-2024 page 2 of 3 SECTION 2: PROPERTY PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Rita Sweet Bellitto f/k/a Rita G. Sweet & Robert A. Bellitto Is the Owner a corporation, partnership, firm, business,trust, or unincorporated business? YesONoe If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yeso No@ !f yes, name proposed or pending purchaser: 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 0 Noe If es, name the official or employee, and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ: The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER Name entity and/or individual Financing (mortgage, deeds of trust, 0 O cross-collateralization, etc.) Real Estate Broker/Agent/Realtor 0 G Accounting/Tax Return Preparation 0 E) Architect/Designer/Landscape 0 O Architect/Land Planner Construction Contractor 0 0 Daniel Yates-Sandbridge Marine Corp. Engineer/Surveyor/Agent 0 0 Sean E. Green, P.E. -Stone Green Consulting, LLC Legal Services 0 E) PROPERTY OWNER CERTIFICATION READ: I certify that all information contained in this Form is complete, true, and accurate. 1 understand that, upon receipt of notification that the application has been scheduled for public hearing, 1 am responsible for updating the information provided herein three weeks prior to the meeting of Planning Commission, City Council, VBDA, CBPA, Wetlands Board or any public body or commi ► c nection with this application. Rita & Robert Bellitto J,J L- 2 L/ Property Owner Name (Print) Property Owner Signature Date Disclosure Statement I rev. M a y-2024 page 3 of 3 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into several City-owned public drainage easements and into a City-owned variable width public pedestrian access easement, all located along Holland Road MEETING DATE: August 13, 2024 ■ Background: Headgear ll, LLC, a Virginia limited liability company (the, "Applicant"), requests permission to construct and maintain a RCP outfall pipe with associated rip-rap, a box culvert with associated endwalls, a private road, a RCP pipe, an access path, a PVC watermain, a domestic waterline, a RCP and an endwall with related class 1 rip-rap, (collectively, the "Temporary Encroachment") into several City- owned public drainage easements and into a City-owned public pedestrian access easement, all located along Holland Road ■ Considerations: City staff reviewed the Temporary Encroachment and have recommended approval of same, subject to certain conditions outlined in the Agreement. ■ Public Information: Public notice will be provided via the normal City Council agenda process. ■ Alternatives: Deny the Temporary Encroachment or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Agreement, Exhibit, Photos, Location Map and Disclosure Statement. Recommended Action: Approval Submitting Department/Agency: Public Works/Real Estate City Manager: Ap 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO SEVERAL CITY-OWNED PUBLIC 6 DRAINAGE EASEMENTS AND INTO A 7 CITY-OWNED VARIABALE WIDTH 8 PUBLIC PEDESTRIAN ACCESS 9 EASEMENT, ALL LOCATED ALONG 10 HOLLAND ROAD 11 12 WHEREAS, Headgear II, LLC, a Virginia limited liability company (the, 13 "Applicant"), requests permission to construct and maintain 56' of 18"RCP outfall pipe with 14 associated rip-rap, a 60' x 11' box culvert with associated endwalls, a 70'x 36' private road, 15 152' of RCP pipe, a 12' x 70' access path, a 10" PVC watermain, a 4" domestic waterline, 16 40' of 24" RCP and an endwall with related class 1 rip-rap, (collectively, the "Temporary 17 Encroachment") into two (2) 15', a 70', a 20', two (2) 30', a 10' and two (2) variable width 18 City-owned public drainage easements and into a 8' and City-owned variable width public 19 pedestrian access easement, and a public utility easement, all located along Holland Road 20 (GPIN's: 1495-05-6238 and 1495-15-1289) and; 21 22 WHEREAS, City Council is authorized pursuant to §§15.2-2009 and 15.2- 23 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments into the 24 City's easements subject to such terms and conditions as Council may prescribe. 25 26 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 That pursuant to the authority and to the extent thereof contained in§§ 15.2- 30 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Headgear II, LLC, a Virginia 31 limited liability company, its assigns and successors in title are authorized to construct and 32 maintain the Temporary Encroachment within the City's easements as shown on the map 33 entitled: "EXHIBIT 'A' SHOWING ENCROACHMENT OF STORM SEWER SYSTEM, 34 ROADWAY, UTILITIES,AND ACCESS PATH INTO THE PUBLIC DRAINAGE EASEMENT 35 FOR HEADGEAR II, LLC GPINS 1495-05-6238 AND 1495-15-1289 VIRGINIA BEACH, 36 VIRGINIA," Scale: 1"=250', dated April 16, 2024, prepared by CECS Civil Engineering and 37 Construction Services, a copy of which is attached hereto as Exhibit "A" and to which 38 reference is made for a more particular description. 39 40 BE IT FURTHER ORDAINED,that the Temporary Encroachment is expressly 41 subject to those terms, conditions and criteria contained in the agreement between the City 42 of Virginia Beach and the Applicant (the "Agreement"), an unexecuted copy of which has 43 been presented to the Council in its agenda and will be recorded among the records of the 44 Clerk's Office of the Circuit Court of the City of Virginia Beach. 45 46 BE IT FURTHER ORDAINED, that the City Manager or his authorized 47 designee is hereby authorized to execute the Agreement; and 48 49 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 50 such time as the Applicant, and the City Manager or his authorized designee execute the 51 Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the 52 day of , 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: P BLI WORKS Y REAL ESTATE ARMEYER DEPUTY CITY ATTORNEY CA16565 R-2 Prepared: 07/24/2024 1lvbgov.comldfs 1lapplicationslcitylawlcycom321wpdocs1d0251p044100981654.doc SWA LLC CIVIL FNGINFFRING AND AYST.l202009240008MIO CONSIRUCIION SERVICES &W 1495-06-AW q' PARM B-4 N (w N� 4-9) 5267 GRUNWICH ROAD,SUITF 300 Ci VIRGINIA BLACII.VIRGINIA 21462 HEADGEAR // LLC 1757)7TI-9211 hW..j 20170802000&f IO 6w 1495-05 2285 o MiUQ 427 _ SEE SHEET 3 FOR EASEMENT CALLOUTS, z (MAR 152 f� 32 L8 L9 RIGHT-OF-WAY AND BOUNDARY CALLOUTS N 3 (LINE TABLE AND CURVE TABLE) 2 2 0 93 '�ry 1 1 5 0_ J I V`• = t1,TH OF j ( L6 y Q U (/' HEADGMR A,, LLC 4 to'goo.� Z A57/201A0i22WX53010 o N O ROBERT W. 8A 6RN 1495-05-6238 .t UC. NO.37087 PARI^,EL 428 ' (ME 152, as 32-M) I J �o�, 06-24-2024 w# �ssIORAL NIF \ \ HEADGEAR LLC 6 /MST.{2o1101aSXW2XW GP/N 1495-15-1289 PARM A 8 /MST./201101Gt5 OW21080 1 w 9 NON V 10 to G EXHIBIT "A" SHOWING ENCROACHMENT OF STORM SEWER SYSTEM, ROADWAY, UTILITIES, AND ACCESS PATH INTO THE PUBLIC DRAINAGE EASEMENT FOR / // ��►� HEADGEAR Ii, LLC N11F GPINS 1495-05-6238 AND 1495-15-1289 fRLOW OffiU A6 UC VIRGINIA BEACH, VIRGINIA ' �i� 10 SCALE: 1 "=200' APRIL 16, 2024 N11F PA4M A SHEET 2 OF 9 G.H.S. A,, LC (NB 58 Pa 38) (M71201101080000OM) 200 100 0 200 400 CM 14195-04-7961 RIRM B (A57/201IMWO 1921080) scale feet 22227 Er"coohnwit E*&-Mdwgl (z] EASEMENTS: 1. 15' PUBLIC DRAINAGE EASEMENT (D.B. 2536, PG. 121C) (D.B. 2566, PG. 200) 2. 70' PUBLIC DRAINAGE EASEMENT (D.B. 2558, PGS. 540 & 541) (D.8 2561, PG. 1545) J 8' AND VARIABLE WIDTH PUBLIC PEDESTRIAN ACCESS EASEMENT (INS7.1 202403024614) 4. 20' PUBLIC DRAINAGE EASEMENT (D.8 2558, PGS. 541 & 542) (D.B. 2581, PG. 1545) 5. PUBLIC U77 ITY EASEMENT (INSTI 202403024615) 6. VARIABLE WIDTH PUBLIC DR41MGE EASEMENT (INSTI 202403024613) 7. 30' PUBLIC DR41MGE EASEMENT (M.B. 67, PG. 47) 8. 15' PUBLIC DRAINAGE EASEMENT (D.B. 2558, PG. 540) (D.B. 2581, PG. 1545) 9. PARABLE WIDTH PUBLIC DR41MGE EASEMENT (M.8 218, PGS 98-99) (D.B. 3058, PG 1504) 10. 30' PUBLIC DR41NAGE EASEMENT (M.B. 67, PG. 47) (M.B. 108, PG. 54) 11. 10' PUBLIC DRAINAGE EASEMENT (M 8.. 67, PG. 47) Curve Table Curve Length Radius Delta Chord Bearing Chord Tangent C1 111.47' 1705.74' T44-39- N 1725'07" W 111.45' S5.75' Line Table Line Bearing Distance L1 S 52'28'35" W 100.14' L2 S 53*21'57" W 179.30' �TH of D 1 L3 S 51'59'17" W 419.04' f L4 N 45'02'33" W 393.18' U L5 N 44'57'26" E 1036.91' ROBOT W. 8A L6 S 11*09*48" E 77.28' Lk. No.37' 06-24-2024 L7 S 9'21'51" E 516.60' L8 N 10'32'47" W 321.74' �s`SIONAL �� 1-9 N 44'57'26" E 3.74' EXHIBIT "A" SHOWING ENCROACHMENT OF STORM SEWER SYSTEM, ROADWAY, UTILITIES, AND ACCESS PATH INTO THE PUBLIC DRAINAGE EASEMENT FOR CIVIL LNGINL[RING AND HEADGEAR II, LLC CONSFRUCI ION SERVICrs GPINS 1495-05-6238 AND 1495-15-1289 VIRGINIA BEACH, VIRGINIA APRIL 16, 2024 S2ri7 GREENWICH ROAD,SIJITF 300 Ll VIRGINIA BLAC11. VIRGINIA 73962 SHEET 3 OF 9 0571 7I7-9211 22227 EncroodwnwA El ENCROACHMENTS: TH OF 1. PROPOSED OUTFALL PIPE (56' OF 18- RCP 0 \ Dr 0.30% SLOPE WITH RIP-RAP OUTLET PROTECTION, OUTFALL INVERT=3.69' 'r #LLC U ROBERT W.SA A6T ;�10 .per Lie.No.OW 37087 HU4LR 427 / O�06-24-2024 98 152, AM .3.2-M) m SIGNAL r � (\ r L106 102 .Q.o $ ,• L105 D � R hW A,, UC 0 L10\ 0 0 y w (M1ISrl2017V8a2�GIA01E5X10 4° ?0 N NIrO1 14 -KJ-03 r�l PARM 428 t (U.a 152, HOS 32-.3U) c" t� ** L101 IS THE TIE DISTANCE FROM THE NORTHEAST CORNER OF Line Table PARCEL 428 TO THE BEGINNING OF ENCROACHMENT AREA / 1 Lies Bearing Distance L101 S 36.56'55' W 271.11 EXHIBIT "A" L102 S 46'39'44" E 20.00' SHOWING L103 S 43'20'16" W 59.92' ENCROACHMENT OF STORM SEWER SYSTEM, ROADWAY, UTILITIES, AND ACCESS PATH L1o4 N 36'26'43' w 4.41' INTO THE L105 N 24 38'48' W 16.89' PUBLIC DRAINAGE EASEMENT L106 N 4.T20'16' E 1 52.81' FOR HEADGEAR II, LLC GPINS 1495-05-6238 AND 1495-15-1289 VIRGINIA BEACH, VIRGINIA CIVIL. ENGINEERING AND SCALE: 1"=100' APRIL 16, 2024 cc�NsrRucl ION s>;Rvlc>�s SHEET 4 OF 9 100 50 0 100 200 57.fi7 GRUNWIC}i ROAD,S(RTF 300 VIRGINIA KAUI. VIRGINIA 23462 Scale feet 17571 Tn-9211 22227 Fnonoodrmn! ENCROACHMENTS: 2. PROPOSED BOX CULVERT (LENGTH-60', WIDTH=11', 'TH OF HEIGHT-10') WITH ENDWALLS. UPSTREAM INVERT=(—)1.00, DOWNSTREAM INVERT-(—)1.20. SEE DETAIL BY OTHERS (SHEET 6 OF 9) U`- 3. PROPOSED PRIVATE ROAD FOR INGRESS/EGRESS. V ROBERT W.SA WIDTH' (FACE OF CURB TO FACE OF CURB) / ` �� LIc No hIT✓IDIRf�R M LLC / ` p�06-24-2024 ntsT W 1410 �SSIONAL AtqM 427 / 73 rys 152, as \I � / l -� o LLJ 0 H ALLCLLI z N(Sll2017Q9A1a1010ZZ110 Q9W 14.0-05-0Z PAfM 428 c (ME xs , . ) rr � r 2 :=L201 11 ** L201 IS THE TIE DISTANCE FROM THE SOUTHEAST CORNER OF Line Table PARCEL 428 TO THE BEGINNING OF ENCROACHMENT AREA # 2 LIM / Beating Dietonce L201 S 8T51'31• W 119.79' EXHIBIT "A" L202 N 89.11'39• W 72.20' SHOWING L203 IN 13-22'33• W 80.58' ENCROACHMENT OF STORM SEWER SYSTEM, ROADWAY, UTILITIES, AND ACCESS PATH L204 N 53'33'17• E 70.00' INTO THE L205 S 36*26*43• E 14.29' PUBLIC DRAINAGE EASEMENT L206 S 13.22'33• E 112.55' FOR HEADGEAR II, LLC GPINS 1495-05-6238 AND 1495-15-1289 VIRGINIA BEACH, VIRGINIA CIVIL. LNGINLLRING AND SCALE: 1"=100' APRIL 16, 2024 CONSFRUCI ION SERVICIws SHEET 5 OF 9 100 50 0 100 200 5267 GRTFNWIC11 ROAD.St 1iTF 300 VIRGINIA BTACI L VIRGINIA 2W2 17571-M-92 SCOIe feet 11 2=7 Fraoa&nw t 60'-4'h"O.A. w/Ft-up 0" (8)PC 6-0"STD— 6'-0" let Ou t ---- 1------ 1 ----- 1------ ------ I------ I '— I - I I I I 1 1 1----1 1 1 1 I 120° Flw Inlet end 17 I Ty La ut o O 0 1 ' I 0 et en O I I I I I I I I I I I 1 I I I I L---- I------ I------ 1 I 1 I 1 's�� Backside of Vertical Joint between Wing Walls and Box Culvert, ��>> to be sealed in field by others with approved material. 12'0" Parapet Plan View Parapet 7'-6" Ty Typ ------ ------ \ I 1 I Y I 1 I I 1 I I I I I 1 1 I I I 1 1 1 10'-o" Rise 1 I I I 1 1 1 I I I 1 I I I 1 1 I Az Inv. Inv. (-)1.00 Grade Beam Elevation View Grade Beam (-)1.20 (wingwalls removed for clarity) 12'-4" O.A.1'-0"Parap 10" 10'•0" 5'-2" 2'-6"7Invert V-8"Grade Beam ores: End Section Configuration CP&P Designation 1. See component details for material properties. 1101OV05BClS 2. Box culvert components fabricated in accordance with ASTM C1577 for AASHTO LRFD HL-93 live loading and 2'to 5'earth cover with VDOT Section 302 and with project requirements. 3. Box culvert to be Installed In field by others in accordance with ASTM C1675 and other applicable standards and specifications. 4. Box culvert joints to be sealed with 1°xi"dosed cell neoprene,and CS212 for the vertical joints. 5. The exposure of longitudinals,stirrups and spacers used for fabrication purposes shall not be cause for rejection(ref.ASTM C1577 Section 7.1) 6. Weep or lift holes to be filtered in field by others with approved materials as required. 7. Contractor to VERIFY ALL sizes,types,directions and locatlons.Anything not revised to be made as shown.Elevations and dimensions may have been adjusted to suit precast forms. Plan & Elevation View 11' x 10' Sin le Line Precast Box Culvert CPFor: HEADGEAR II, LLC Date: By/Chk: w Original: 02/02/24 LLG & Office Warehouse @Holland First Rev: Concrete Pipe&Precast,LLC 1800.999.2278 Virginia Beach, VA Last Rev: --- -- 10364 Design Road I Ashland,VA 23005 Order: 158 DW : ME 907 Str: iix10 SHEET 6 OF 9 22227 Er modtftmtt EWo ts. Nl*r El ENCROACHMENTS: H A,, LLC 11 4. 72' OF 30- RCP (DOUBLE) 0 0.30% MT./20170"000B"10 SLOPE WITH VDOT JB-1 STRUCTURE M 1495-05-6238 11 5. 80' OF 30` RCP (DOUBLE) 0 0.30% PAiM 428 / SLOPE (k6 152, POS '2-'U) 111 6. PROPOSED ACCESS PATH FOR WET 7 POND, SEE DETAIL - SHEET 8 7. PROPOSED 10' WATER MAIN (PVC s ' -a C-900) AND 40 DOMESTIC WATERLINE y L302 ! 1 L305 _o 'L3°4 _ _ ~ O N S E F0 SE N / 5 � / ��, H� L303 4 ff r w w HEADGEAR ll, LLC /NST.I 201101060a=M60 GP/N 1495-15-1289 'TH 0 PARCEL A `. 1NS7.j 201101055000021080 \ \ \ \ / f ✓ U ROBERT W. 8A ** L301 IS THE TIE DISTANCE FROM THE NORTHEAST CORNER OF `0 ).37� PARCEL A TO THE BEGINNING OF ENCROACHMENT AREA # 3 �p�06-24-2024 Line Table �SSIONAL Line # Bearing Distance EXHIBIT "A" L301 S 27'22'46' W 280.15' SHOWING ENCROACHMENT OF STORM SEWER SYSTEM, L3o2 S 533'20' E so.00' ROADWAY, UTILITIES, AND ACCESS PATH L303 S 84.26'40• W 70.00' INTO THE L304 N 5.33'20- W 60.00' PUBLIC DRAINAGE EASEMENT L305 N 84'26'40' E 70.00' FOR HEADGEAR II, LLC GPINS 1495-05-6238 AND 1495-15-1289 VIRGINIA BEACH, VIRGINIA CIVIL LNG1N1 AND SCALE: 1 "=100' APRIL 16 CONStRl1C.1lUN SEI:RVICLS , 2024 SHEET 7 OF 9 100 50 0 100 200 52.67 GREENW}CH ROAD... IM.300 VIRGINIA BLACI I.V►RCIKIA 2A462 feet t757i'T77-9211 scale 22227 Enavodwnwd 12 12 PRnprtqrn GRADE 10 SIOPEs I Y■MMY ----- Nr tAtA 8 E7tl57W 6 . 8 6 6 te' 4 rcuen-Pass+( cxtiwly� avc ——— raw-r (avrm cxbwv aErrs 4 zxlslhw� Er '4-�P 2 0- - I o I ------- (2) ---- (2) ACCESS PATH SHALL BE CONSTRUCTED CIF AN ALL WEATHER SURFACE SECTION A—A EXHIBIT `A' DESKM TO ADEQUATELY SUPPORT THE VEHICULAR Law OF MAINTENANCE (PIPE CROSSING) EOUIP1ENT.THE SURFACE WY BE COSYETHCALLY APPEALING SUCH AS GRASS, SCALE: HIM: 1•-20• SHOWING AS LONG AS ADEQUATE SUBGRADE SUPPORT STRUCTURE EXISTS. VERT: 1'-4' ENCROACHMENT OF STORM SEWER SYSTEM, FINISHED GRADE ROADWAY, UTILITIES, AND ACCESS PATH 2'ORGANIC ACCEPTABLE INTO THE H AGGREGATE TABLE SUecRADE Co►HPAcrED sURAE1 T OF ` PUBLIC DRAINAGE EASEMENT r FOR AOCESS PATH FOR WET POND /, . HEADGEAR II, LLC NOT TO SCALE GPINS 1495-05-6238 AND 1495-15-1289 rROBERT W.sA VIRGINIA BEACH, VIRGINIA CIVIL LIK:LNUERING AND .p L.ia.No.37087 SCALE: AS SHOWN APRIL 16, 2024 CONISIRUCIIONSLRVICIS � 06-24-2024 SHEET 8 OF 9 FNWTCH ROAD.SUIT F.31blONAL 20 10 0 20 40 IA BLACI I.VIRGINIA 2MW scale us7,m-92JI feet 22227 EnwowW.M CIVIL EN(INFLRING AND TH OF Line Table CONSYRU 11ON S1:RVICCS yf f Una III Bearing Distance 5267 GRUNWICH ROAD,SUM,3(K) U �� L301 S 2-722*460 W 280.15' VIRGINIA BCACI1,VIRGINIA 23962 17571 771-9211 ROBERT W.SA L302 S 533'20' E 60.00' "0 Lie'No. L303 S 84.26'40' W 70.00' 0 ENCROACHMENTS: �p�06-24-2024 8. 40' OF 24' RCP 0 1.25% SLOPE 1 L304 N 533'20" W 60.00' 9. ENDWALL, VDOT EW-6PC, INV=2.50, L=11'-60, s`sIONAL � L305 N 84 26'40" E 70.00' H=3'-2", TOP ELEV=5.67 CLASS I RIP-RAP ALONG FULL LENGTH OF ENDWALL ** L401 IS THE TIE DISTANCE FROM THE SOUTHEAST CORNER OF I PARCEL A TO THE BEGINNING OF ENCROACHMENT AREA 111 4 10 • r T C � 0 / \L404 \\ N 9 405 �4 ri L403\ o ' o^� HEADGEAR A,, LLC \ ,L402 z IN.ST./2011010+BA=2J880 \ \ l� w GP/N 1495-15-1289 w PARM A \ \ )_ to AST./20110105OL70021080 1, EXHIBIT "A" 1� SHOWING -0 ENCROACHMENT OF STORM SEWER SYSTEM, A,NSN ROADWAY, UTILITIES, AND ACCESS PATH �� 'y� p) INTO THE i �Q► � PUBLIC DRAINAGE EASEMENT 000, FOR GPINS 1495-05�-623� II, LLC — — / 8 AND 1495 15 1289 VIRGINIA BEACH, VIRGINIA / / G\``�( # 1 SCALE: 1"=100' APRIL 16, 2024 / SHEET 9 OF 9 100 50 0 100 200 scale feet 22M enatoann" 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 cy D-day of / , 2024, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and HEADGEAR ll, LLC, a Virginia limited liability company, ITS ASSIGNS AND SUCCESSORS IN TITLE, "Grantee". WITNESSETH: WHEREAS, the Grantee is the owner of these certain lots, tracts, or parcels of land designated and described as Parcel "A", as shown on that certain plat entitled: "SUBDIVISION OF PARCEL 6A RESUBDIVISION OF PARCELS 6 & 7 OF PARCEL DESIGNATED AS `VIOLA CARRINGTON' (INST. #200403190044448) VIRGINIA BEACH, VIRGINIA," Scale: 1" = 60', dated August 13, 2010, prepared by SIA, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20110105000021080, and being further designated, known, and described as Holland Road, Virginia Beach, Virginia, and Parcel "428" as shown on that certain plat entitled: "DEPARTMENT OF THE NAVY NAVAL FACILITIES ENGINEERING COMMAND ATLANTIC DIVISION NAVAL STATION NORFOLK, VIRGINIA," Scale: 1" = 100', dated September 9, 1980 and GPINS: NO GPIN ASSIGNED (CITY-OWNED (2) 16', 70', 20', (2) 30', 151, 10' AND (2) VARIABLE WIDTH PUBLIC DRAINAGE EASEMENTS) NO GPIN ASSIGNED (CITY-OWNED 8' AND VARIABLE WIDTH PUBLIC PEDESTRIAN ACCESS EASEMENT) 1495-05-6238 (HOLLAND ROAD) 1495-15-1289 (HOLLAND ROAD) revised through May 28, 1981, prepared by John E. Sirine and Associated, LTD., which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 152 at page 32, being further designated, known, and described as Holland Road, Virginia Beach, Virginia, and; WHEREAS, it is proposed by the Grantee to construct and maintain 56' of 18" RCP outfall pipe with associated rip-rap, a 60' x 11' box culvert with associated endwalls, a 70' x 36' private road, 152' of RCP pipe, a 12' x 70' access path, a 10" PVC watermain, a 4" domestic waterline, 40' of 24" RCP and an endwall with related class 1 rip-rap, 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 two (2)15', a 70', a 20', two (2) 30', a 10', and two (2) variable width City-owned public drainage easements, and an 8' and a variable width City-owned public pedestrian access easement, collectively, the "Encroachment Area", and; WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt and sufficiency of which are hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of 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 2 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' SHOWING ENCROACHMENT OF STORM SEWER SYSTEM, ROADWAY, UTILITIES, AND ACCESS PATH INTO THE PUBLIC DRAINAGE EASEMENT FOR HEADGEAR II, LLC GPINS 1495-05-6238 AND 1495-15- 1289 VIRGINIA BEACH, VIRGINIA," Scale: 1" = 250', dated April 16, 2024, prepared by CECS Civil Engineering and Construction Services, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and 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 City shall have the right to repair or remove the Temporary Encroachment (specifically private sewer force main and appurtenances) in the event of an emergency or public necessity or public safety, and Grantee shall bear all costs and expenses of such repair and 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, 3 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 and agreed that the Grantee must submit and have approved a traffic control plan before commencing work in the Encroachment Area. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division of the Department of Public Works, for final approval. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit'). 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. 4 It is further expressly understood and agreed that prior to issuance of a right-of-way/utility easement Permit, the Grantee must post a bond or other security, in the amount of two times their engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00 per person injured and property damage per incident, combined. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Grantee shall connect with sanitary sewer facilities only when they become available, within the time stipulated by the City and that plans must be submitted to the Department of Public Utilities for review. It is further expressly understood and agreed that the Grantee agrees to jack and bore proposed sewer and/or water line under driveways. 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 Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a 5 registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. 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, HEADGEAR II, LLC, a Virginia limited liability company, has caused this Agreement to be executed in its behalf by Jeffrey R. Hebenstreit (title) Member Manager of Headgear II, LLC, a Virginia limited liability company, with due authority to bind said limited liability company. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. 6 CITY OF VIRGINIA BEACH By: (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF , to-wit: The foregoing instrument was acknowledged before me this day of 2024, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. Notary Public (SEAL) My Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2024, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. Notary Public (SEAL) My Notary Registration Number: My Commission Expires: 7 HEADGEAR II, LLC, a Virginia limited liability company By:`,,V, I ZAZ- (SEAL) Name: Jeffrey R. Hebenstreit Title: Member Manager STATE OF VIRGINIA CITY/COUNTY OF CHESAPEAKE , to-wit: The foregoing instrument was acknowledged before me this 26th day of July , 2024, by Jeffrey R. Hebenstreit (name) Member Manager (title) of Headgear II, LLC, a Virginia limited liability company. � -, (SEAL) Notary Public °`NNE HARMO�y''•. . P •. GB 80g .10', My Notary Registration Number: 8086892 My Commission Expires: 10111 /2027 =N==.; ► ; �m= s o'•�'' j� o^''n APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM -A (ji - P BL C ORI( --REAL ESTATE QN . HARMEYER DEPUTYCITY ATTORNEY 8 N 1. THIS EXHIBIT IS A RESULT OF FIELD TIES TO EXISTING MONUMENTS COMBINED WITH THE COMPILATION OF DEEDS AND PLATS SHOWN HEREON AND DOES NOT CONSTITUTE A BOUNDARY SURVEY. 2. THE CITY OF VIRGINIA BEACH IS NOT RESPONSIBLE FOR VERIFICATION OF RESTRICTIONS REQUIRED BY OTHER ASSOCIATIONS OR AGENCIES. 3. THE MERIDIAN SOURCE FOR THIS EXHIBIT IS BASED ON THE VIRGINIA STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, NAD 1983/1993 (HARN). ENCROACHMENT AREA 1 SEE SHEET 4 OF 9 / c 93 N h ENCROACHMENT AREA 2 O �� SEE SHEET 5 OF 9 \ 1 y z 93 / c Q Q' TH OF D HEADGf1UP A,, LLC A57/10171&720AX'PiJ010 % ►Ib, $ V !/`' PARW 428 ROBOT W.8A 11111 152, PGA£ 32-Mo Ua. No.37087 06-24-2024 / N ZONAL LLC V/NST./2171fO1dItT�IAG? ENCROACHMENT AREA 3 GP/N 1495-15-12: SEE SHEET 7 OF 9 �� ✓ PARCEZ A ENCROACHMENT AREA 4 /AI2011O1Q VI V j / SEE SHEET 9 OF 9 �i EXHIBIT "A" SHOWING ENCROACHMENT OF STORM SEWER SYSTEM, ROADWAY, UTILITIES, AND ACCESS PATH INTO THE PUBLIC DRAINAGE EASEMENT SEE SHEET 2 FOR GPIN 1495-15-1 891 FOR BOUNDARY AND ADJOINER INFORMATION. HEADGEAR II, LLC GPINS 1495-05-6238 AND 1495-15-1289 VIRGINIA BEACH, VIRGINIA CIVIL LNGINLL•RING AND SCALE: 1"=250' APRIL 16, 2024 CONS]RUCl ION SERVICPS SHEET 1 OF 9 250 125 0 250 500 SA7 GRUN'1I ROAD,SUM 300 VIRGINIA BCACII.VIRGINIA 23W. SCOIe n571 777-9211 feet 22227 &4m=Mw* &%VAW LLCASTI CIVIL LNC:INLLRING AND 10 CONS I'R UC I ION SLRV1CLS lAiM B-4 W 8 25, M 4-9) / = $267 GRUNINICH ROAD,SUITT W)o C1 VIRGINL4 /E101GfAR a ccc BLACH.VIRGINIA 23W l 147 20170MOW"10 \ OW ,2W o SEE SHEET 3 FOR EASEMENT CALLOUTS, z (ms 15Z ASx Ls RIGHT-OF-WAY AND BOUNDARY CALLOUTS N \ 3 (LINE TABLE AND CURVE TABLE) �N } 5 0 o° �yTH OF D C� r f N11 D /4, �H&&VAR A,, fo 4 °0 Z ROBERT W.8A 6°1W 1495-0-6238 N a Uc. No.37087 PACE 428(ME 15Z PM 32-M) " p 06-24-2024 O sSIONAL Cs 7 O° 6 *AF \ H£ADG AR ll, LLc 6 I 1MSTI201101As17 WJNW GP/N 149 -15-1289 r PARCEL A 8 /MST./201101QSA71A IM 9 oN r � 10 EXHIBIT "A" SHOWING ENCROACHMENT OF STORM SEWER SYSTEM, ROADWAY, UTILITIES, AND ACCESS PATH INTO THE PUBLIC DRAT FORE EASEMENT / // �►� HEADGEAR II, LLC MEMN 0AM>S LLC GPINS 14 VIRGINIA EACH, VIRGINIA AND 1495-15-1289 MT/avlaa�feaavMlo " , &V 14Z-15-51JI SCALE: 1 =200 APRIL 16, 2024 r.HS 4,, Lc 8 APC -W) SHEET 2 OF 9 (M7/w;10 ZW) 200 100 0 200 400 405-00-7081 PAWa B(/l scale rl201101Q'FG�IOIR214W) feet El EASEMENTS: 1. 15' PUBLIC DRAINAGE EASEMENT (D.B. 2536, PG 121C) (D.B. 2566, PG 2083) 2. 70' PUBLIC DR4NNAGE EASEMENT (D.B. 2558, PGS. 540 & 541) (D.B. 2581, PG 1545) 3 8'AND VAR4BLE WIDTH PUBLIC P£DESTRWN ACCESS EASEMENT (INST f 202403024614) 4. 20' PUBLIC DR4AY4GE EASEMENT (D.B. 2558, W. 541 & 542) (D.B. 2581, PG 1545) 5. PUBLIC UTILITY EASEMENT (INSTI 202403024615) 6. VARIABLE WOW PUBLIC DR4/NA17E EASEMENT (INST.,j' 202403024613) 7. 30' PUBLIC DR41NAGE EASEMENT (M.B. 67, PG 47) 8. 15' PUBLIC DR4/NAGE EASEMENT (D.B. 2558, PG 540) (D.B. 2581, PG. 1545) 9. VARA&E WIDTH PUBLIC DR41MGE EASEMENT (M.B. 218, PGS 98-99) (D.B. 3058, PG 1504) 10 30' PUBUC DR41NAGE EASEMENT (MB. 67, PG. 47) (M.B. 106, PG 54) 11. 10' PUBLIC DR4/NAGE EASEMENT (M.B. 67, PG. 47) Curve Table Curve Length Radius I Delta I Chord Bearing Chord I Tangent C 1 111.47- 1705.74' 3-44-39" N 12'25'07" W 111.45' 55.75' Line Table Une Bearing Distance Lt S 52'28'35' W 100.14' L2 S 53'21'57" W 179.30' TH OF 1� 1 1-3 S 51*59*17" W 419.04' f L4 N 45'02'33" W 393.18' ' U L5 N 44 57'26" E 1036.91' R09ERT W. L6 S 11'09'48" E 77.28' `0 L I c' N' 'p0�06-24-2024 L7 S 9'21'51" E 516.60' L8 N 10*32'47' W 321.74' �ssIONAL L9 N 44'57'26" E 1 3.74' EXHIBIT SHOWING ENCROACHMENT OF STORM SEWER SYSTEM, ROADWAY, UTILITIES, AND ACCESS PATH INTO THE PUBLIC DRAINAGE EASEMENT FOR KGRFFNWICHINEERING Atoll HEADGEAR II, LLC CI ION SCRVICES GPINS 1495-05-6238 AND 1495-15-1289 VIRGINIA BEACH, VIRGINIA S�fiT ,.Sl1ITF 3(Nl APRIL 16, 2024 VIRGINIA SLACII.VIRGINIA?1962 SHEET 3 OF 9 f)i'�TTI-�211 22227 Enor000l"WrA 0 ENCROACHMENTS: TH OF 1. PROPOSED OUTFALL PIPE (56' OF 18" RCP 0 \ Dj 0.30X SLOPE WITH RIP—RAP OUTLET PROTECTION, OUTFALL INVERT=3.69' / r NEW" N LLC U ROBERT W.8A A57/201nsl22aoO"10 ..0 Lie. No.37087 A4MR 427 06-24-2024 (L.a 152, ax 32—U) / ass Gti o� j0NAL \\ � � s�v t�tNT'• y ( O L106 102 c go y /l L105 104 *. � z hVOL AR A,, LLC ao2LLJ aW 1495-45-038 PATE 428 � ,► � (M..Q 152, PM 32-,U) // � ** L101 IS THE TIE DISTANCE FROM THE NORTHEAST CORNER OF Line Table PARCEL 428 TO THE BEGINNING OF ENCROACHMENT AREA # 1 Line { Bearing Diebonce 1.101 S 36'56'55' W 271.11' EXHIBIT "A" L102 S 46.39'44' E 20.00' SHOWING L103 S 43.20'16- W 59.92- ENCROACHMENT OF STORM SEWER SYSTEM, L104 N 36.26'43' W 4.41' ROADWAY, UTILITIES, AND ACCESS PATH L105 N 24'38'48' w 16.89' INTO THE PUBLIC DRAINAGE EASEMENT L106 N 43.20-16' E 52.81' FOR HEADGEAR II, LLC GPINS 1495-05-6238 AND 1495-15-1289 VIRGINIA BEACH, VIRGINIA CIVIL ENC;INEIRINC; AND SCALE: 1"=100' APRIL 16, 2024 CONS I RUCI JON SERV ICES SHEET 4 OF 9 100 50 0 100 200 5267 GRUNW'ICH ROAD'517ITF 30( VIRGINIA BLACIL VIRGINIA 23W. SCQIe n57)Err-9zn feet 22227 ErAr000Mwnc ExhbftAkwj ENCROACHMENTS: 2. PROPOSED Box CULVERT (LENGTH=60', WIDTH=11', �TH OF P HEIGHT=10') WITH ENDWALLS. UPSTREAM j INVERT=(-)1.00, DOWNSTREAM INVERT=(-)1.20. r SEE DETAIL BY OTHERS (SHEET 6 OF 9) 3. PROPOSED PRIVATE ROAD FOR INGRESS/EGRESS. V WIDTH=36' (FACE OF CURB TO FACE OF CURB) RO�RT W.8A / rod Uc No.37 � 087, ,yq y LLC / o 06-24-2024 Wr./JV17>Is 05-2M jORAL O LAJ N O o hE40 fAR/Z LLC Z Q -_ AItST. 2017�10 �� o� ° 4a`r w � 1 OW Iv v1 PA4W 428 0 '; (U.8 152 PAS / 2 3 L202 «'L201 ** L201 IS THE TIE DISTANCE FROM THE SOUTHEAST CORNER OF Line Table PARCEL 428 TO THE BEGINNING OF ENCROACHMENT AREA 111 2 Una Bearing Distance L201 S 83'51'310 W 119.79' EXHIBIT "A" L202 N 8711'39" W 72.20' SHOWING L203 N 13.22'33- W 80.58' ENCROACHMENT OF STORM SEWER SYSTEM, L204 N 53'33'170 E 70.00' ROADWAY, UTILITIES, AND ACCESS PATH L205 s 36'2s'43` E 14.29' INTO THE PUBLIC DRAINAGE EASEMENT L206 I S 13'22'33` E 112.55' FOR HEADGEAR II, LLC GPINS 1495-05-6238 AND 1495-15-1289 VIRGINIA BEACH, VIRGINIA CIVIL. ENGINIERING AND SCALE: 1"=100' APRIL 16 CONS FRUCI]ON SERVICES 2024 SHEET 5 OF 9 100 50 0 100 200 U 7 GRUNWICH ROAD,StiiTF 3(1f) VIRGINIA BTACI1.VIRGIN 1.3462 scale as7+Tn-92n feet 2=7 60'-4%'O.A. w/Flt-up 0" let (8)PC 0 6'-0'STD 6'-0" Ou r---- ------ ----- ------ ------ ------ ----- i 1200 ow Inlet end — n n 1 --- ' — t_ C� TYP o O I I I p l Lav et en 1 CD r 1 I L---- ------ ------ ---- ------ , t----J Backside of Vertical Joint between Wing Walls and Box Culvert, ��l" to be sealed in field by others with approved material. 12'-0" Parapet Plan View Parapet 7'-6" Ty Typ ------ ------ ----- ------ 1------ . ----- �------ Y 1 1 l l , 101-01 Rise i i I Inv. (-)1.00 t::Grade Beam Elevation View Inv. (wingwalls removed for clarity) Grade Beam (-)1.20 12'-4" O.A. 10" Valol-o" 0" t 5'-2" 2'-6"Invert T— 1'-8"Grade Beam End Section Configuration CP&P Designation otes: �/ y 1. See component details for material properties. TO 11010 V 0 5 BC 1 S 2. Box culvert components fabricated In accordance with ASTM C1577 for AASH tAFD tiL-93 live loading and 2'to 5'earth cover with VDOT Section 302 and with project requirements. 3. Box culvert to be installed in field by others In accordance with ASTM C1675 and other applicable standards and specifications. 4. Box culvert joints to be sealed with 1'x1'closed cell neoprene,and CS212 for the vertical joints. 5. The exposure of longl"Itrals,stirrups and spacers used for fabrication purposes shall not be cause for rejection(ref.ASTM C1577 Section 7.1) 6. Weep or lit holes to be filtered in field by others with approved materials as required. 7. Contractor to VEF1FV ALL sizes,types,directions and locatlons.Anything not revised to be made as shown.Elevations and dimensions may have been adjusted to suit precast forms. Plan & Elevation View 11' x 10' Single Line Precast Box Culvert For: HEADGEAR II, LLC Date: By/Chk: Original: 02/02/24 LLG Office Warehouse @ Holland First Rev: CP&P Concrete Pipe&Precast,LLC 18DO.999.2278 Virginia Beach, VA Last Rev: --- 10364 Design Road I Ashland,VA 23005 pyy P&E [Order: 158907 1 Str: iix10 SHEET 6 OF 9 2s7 F.r---dwi»nt El ENCROACHMENTS: hr4o"N, LLC 4. 72' OF 300 RCP (DOUBLE) 0 0.30% A 57./2617XaWA71ti5X10 SLOPE WITH VDOT JB-1 STRUCTURE OW 1 -6?Z 5. 80' OF 300 RCP (DOUBLE) 0 0.30% PM 428 SLOPE (MIR 132, 11 6. PROPOSED ACCESS PATH FOR WET 7 POND, SEE DETAIL - SHEET 8 6 / 7. PROPOSED 10- WATER MAIN (PVC C-900) AND 4` DOMESTIC WATERLINE o Y/ L305 2 i O cn FOSSE 4 W cn Nv HEADGEAR l/, LLC /MST./2011010saaoro2.�es0 GP/N f�t95-15-1289 TH OF D r 1NST./20110;50OW21080 � f U ROGER I W.SA ** L301 IS THE TIE DISTANCE FROM THE NORTHEAST CORNER OF ►d Lie. No.37 PARCEL A TO THE BEGINNING OF ENCROACHMENT AREA it 3 p 06-24-2024 1 S Line Table SjONAL � Une Bearing Distance EXHIBIT "A» L301 S 2722'46` W 280.15' SHOWING ENCROACHMENT OF STORM SEWER SYSTEM, L3o2 s s33'2o- E so.00' ROADWAY, UTILITIES, AND ACCESS PATH 1.303 s 8426'40' W 70.00' INTO THE L304 N 5*33.20' W 60.00' PUBLIC DRAINAGE EASEMENT L305 N BV26'40' E 70.00' FOR HEADGEAR II, LLC GPINS 1495-05-6238 AND 1495-15-1289 CIVIL L•Nt;INLL•RINC; AND VIRGINIA BEACH, VIRGINIA CONSIRU1 ']ION SERVICES SCALE: 1»=100, APRIL 16, 2024 SHEET 7 OF 9 100 50 0 100 200 SN7 GRTTNINICN ROAD,SI FM �'1RLINIA REAC11,VIRCIPIA 2346201 r»+777-9211 scale feet 2= Eraoochmwt WIN 12 12 GRADE 10 - - 10 SIDPES Y 8 --- BMW - ( 6 6 — 6 ---------------B L r-ong 18' 4 ----+--- --- f f9VC�t g fAss+ r——————— ———— ,ate-MIN(aflsr�c>t�,ty aEts.,c z 4 FX/S7iW/A7!/�E/N"�P 2 — — = 2 0 I I 0 ACCESS PATH SHALL 8E CONSTRUCTED OF AN ALL WEATHER SURFACE SECTION A—A EXHIBIT "A" OESR7lFD TO AOEOUATEI.Y SUPPORT THE VENOXAR LOAD OF MMINTENANCE (PIPE CROSSING) EOUPYENT.THE SUMACE MAY BE COSMETICALLY APPEIWNG SUCH As 6RAS5, SCALE- HORZ: 1'-20' SHOWING "OW AS �sLA9cRAOE StPPOIFF uc sTR °f INERT: t'-4' ENCROACHMENT OF STORM SEWER SYSTEM, mli-7—COMPACM GRADE ROADWAY, UTILITIES, AND ACCESS PATH �� °R`'A"'O A��`"� INTO THE °• S ��B2SUFD PUBLIC DRAINAGE EASEMENT surtABLE SUBcwAGE y f ACCESS PATH FOR WEf POND FOR NOT TO sr /, r HEADGEAR II, LLC !/' GPINS 1495-05-6238 AND 1495-15-1289 �� ROBBiT W.8A VIRGINIA BEACH, VIRGINIA CIVIL L-NGINLLAAVG A'4 .p Uc.No.37087 SCALE: AS SHOWN APRIL 16, 2024 C(ims]RUCI it7N Sr.RVJCES 'gyp 06-24-2024 SHEET 8 OF 9 5M7 GRFFNWIC}I POAD.A111 F 300 ONAL 20 10 0 20 40 ♦WC11,IA 11LACI1.VIAL NIA 214d2 nsn,,_92„ scale feet 22227 fiwooanrM CIVIL ENGINEERING; AND TH OF y Line Table CONSI RUCI lON SERVICES f Line # Bsorinq DWo� Sail GRFFNWICH ROAD,SII►rE 3CK) L301 S 27'22'46• W 280.15' VIRGINIA BLACI 1.VIRGINIA 23462 V 7n-9vt ROBM W L302 S 5'33'20` E 60.00' ��• �� L303 S 84 26'40' W 70.00' 8�ENCROACHMENTS: 0�06-24-2024 OF 24 RCP 0 1.25% SLOPE ti L304 N 5'33'20' W 60.00, 9. ENDWALL, VDOT EW-6PC, IW.=2.50, L=11'-6', s`�IONAL � L305 N 84 26'40` E 70.00' H=3'-2", TOP ELEV=5.67 CLASS I RIP-RAP ALONG FULL LENGTH OF ENDWALL ** L401 IS THE TIE DISTANCE FROM THE SOUTHEAST CORNER OF PARCEL A TO THE BEGINNING OF ENCROACHMENT AREA 4 • r O r � O / N / L404 \ s $ O = 9 N L403 1405 `� # Q � HF4Dr;EAR //, LLC \ )L402 _� O� /AfSr./20110100=23860 ��, � (Flit/ 14.95-15-1289 PAIPCEL A \ �„ N /MS7/20110105000021080 i EXHIBIT "A" SHOWING %0 ENCROACHMENT OF STORM SEWER SYSTEM, ROADWAY, UTILITIES, AND ACCESS PATH INTO THE PUBLIC DRAINAGE EASEMENT FOR HEADGEAR II, LLC GPINS 1495-05-6238 AND 1495-15-1289 VIRGINIA BEACH, VIRGINIA G``��► + SCALE: 1 =100 APRIL 16, 2024 / � SHEET 9 OF 9 100 50 0 100 200 scale feet r w Ena000Mwic ,�� .� ,,,v , , ,. ., , 1 �.. . -..-, �.� ,� ., , °,.. r, 4 t ,j�1 s _.. e�9 . � �� . �� _ > . \ ��. � � :�/� \ \ ��= �� \ ©¥� � �? : .�. . , . \ � � �� ° / � � . i ! � - � � ��. � \< � \ � } \ � *\ , , 3f: � � \ . � . \ � .�� , �� ` « +� . f � < ` � � . c s w � �: . \� \ � . . . \ �f �: . . � ^ : .y �__w , $� < < � � , . . $ �� . ��\ � l . � � � . \ � �� - ,�? � . . � \ 3 \ � � ��} : :�/�� \ m � � z��v�_� � . � f\ � , . � ©>t\\ . � � . . . 2 � >w�2 « � > . ^ /» r � . . \ . § � . . ��. a� . . � � � : ° ~° ©?d/\:�� . .�. . . . : , » � � � \ � -zz« . wy � � >/y . . \ m ® � . < � . � �\ � � y. . . . , �\ \ ~ � . � � y� . -� � .� � ^ � d . . \\ � � \� \ . �\ ~ . . � . - ��\ & . 2 . § _� . . . / � � . \2$\�/2! . . .« : » �, ° � � ? «a�2w/ : . . . » \\ K del 40 ^ ,' 1 l=/U�=N.11Vn1�-l'� a� • \ PT , LOCATION MAP ENCROACHMENT REQUEST Legend FOR HEADGEAR 11 LLC 1495-15-1289 z� p, w w Ir. 4 i. - - City ••:rty 4� ,� 1 100 200 400 • 1 1 1 .. . . • N W E 10' DRAINAGE EASEMENT S Ss / 70' DRAINAGE 'Po EASEMENT l � ;f« CONTEL o 1EASEMENT 5'DRAINAGE 4 Or AND UTILITY l EASEMENT ♦ ♦ Z % v 30' DRAINAGE % ♦ �0 EASEMENT � VARIABLE ♦ ♦ h DRAINAGE ♦♦ ♦ i EASEMENT 20' DRAINAGE EASEMENT i 15'DRAINAGE 10' DRAINAGE EASEMENT EASEMENT s^ V LOCATION MAP end \ // ENCROACHMENT REQUEST .e 9 v FOR HEADGEAR II LLC 1495-15-1289 / // �� ;�� GPIN: 1495-15-1289 City Property / / �� o \� / Feet 0 100 200 400 Jared by P.W./Ena./Ena.Suonort Services Bureau 05/13/2024 XACADD\Projects\ARC Files\Ar;FNnA MAP.R\1d. 5.ls_l9Ro\lAoR_ls_+Oao CITY OF Disclosure VIRGINIA VB : Statement BEACH 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. 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, boards, commissions, or other bodies. SECTIONAPPLICANT DISCLOSURE APPLICANT INFORMATION Applicant Name: as listed on application Headgear II, LLC Is Applicant also the Owner of the subject property? YesQ No0 If no, Property Owner must complete SECTION 2: PROPERTY OWNER DISCLOSURE(page 3). Does Applicant have a Representative? Yes NoO If yes, name Representative: Jeffrey R. Hebenstreit Is Applicant a corporation, partnership,firm, business,trust or unincorporated business? Yes@NoO If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary' or affiliated business entity Z relationship with the applicant. (Attach list if necessary.) H.Allan Gibbs-Member Manager Orion Associates, Inc. -H.Allan Gibbs, Director, President Jeffrey R. Hebenstreit-Member Manager -Jeffrey R. Hebenstriet, Director,VP/SIT Does the subject property have a proposed or pending purchaser? Yes No • If yes, name proposed or pending purchaser: 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, name the official or employee, and describe the nature of their interest. APPLICANT SERVICES DISCLOSURE READ: The Applicant must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity and/or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual) Financing (mortgage, deeds of trust, © Q cross-collateralization,etc.) Real Estate Broker/Agent/Realtor © 0 Disclosure Statement I rev. M a y-2024 page 1 of 3 SECTIONAPPLICANT •SURE continued SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual Accounting/Tax Return Preparation 0 E) Architect/Designer/Landscape © Q Architect/Land Planner Construction Contractor (F) 0 Orion Associates, Inc. Engineer/Surveyor/Agent 0 0 Civil Engineering&Construction Services-Robert Sawyer,P.E.,L.S. Legal Services 0 0 Andrew B. Gibbs, Esq. APPLICANT CERTIFICATION READ:I certify that all information contained in this 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 three 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. OW rns4"Hoben*w r.u-Odon A,aoci"s. HEADGEAR II,LLC Jeffrey R.Hebenstreit Member Manager �'�'�- a;.pz4oW' "us 07/25/2024 Applicant Name (Print) Applicant Signature Date 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 some person or substantially the some 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. FOR CITY USE ONLY: No changes as of(date): Staff Name (Print) Staff Signature Date Disclosure Statement ( rev. M a y-2024 page 2 of 3 SECTIONPROPERTY OWNER DISCLOSURE PROPERTY OWNER INFORMATION Property Owner Name: as listed on application Is the Owner a corporation, partnership,firm, business,trust,or unincorporated business? YesONo© If yes, list the names of all officers, directors, members, or trustees below AND businesses that have a parent-subsidiary'or affiliated business entity'relationship with the applicant. (Attach list if necessary.) Does the subject property have a proposed or pending purchaser? Yes® No® If yes, name proposed or pending purchaser: KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE Does an official or employee of the City of Virginia Beach have an interest in the bject land or any proposed development contingent on the subject public action? Yes® No If yes, name the official or employee, and describe the nature of their interest. PROPERTY OWNER SERVICES DISCLOSURE READ: The Owner must certify whether the following services are being provided in connection to the subject application or any business operating or to be operated on the property. The name of the entity or individual providing such services must be identified. (Attach list if necessary.) SERVICE YES NO SERVICE PROVIDER (Name entity and/or individual Financing(mortgage, deeds of trust, O cross-collateralization, etc.) Real Estate Broker/Agent/Realtor Accounting/Tax Return Preparation 0 Architect/Designer/Landscape © 0 Architect/Land Planner Construction Contractor © 0 Engineer/Surveyor/Agent O O Legal Services PROPERTY OWNER CERTIFICATION READ: 1 certify that all information contained in this Form is complete, true, and accurate. 1 understand that, upon receipt of notification that the application has been scheduled for public hearing, 1 am responsible for updating the information provided herein three 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. aebe7r eV"by Afty Heb..~ 41 Mc.,ou,emea•wiwrmei�ad.com.SUS Daft:2024.07.25 11.21.28-NVO' Property Owner Name (Print) Property Owner Signature Date Disclosure Statement I rev. M a y-2024 page 3 of 3 c N � rsi r, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Donate 5,000 Rounds of Unused Ammunition to the Sheriff of Patrick County, Virginia MEETING DATE: August 13, 2024 ■ Background: The Virginia Beach Police Department (VBPD) would like to donate 5,000 rounds of Winchester Ranger ammunition to the Sheriff of Patrick County, Virginia. This ammunition is no longer issued by VBPD officers and has been in storage for several years. The Patrick County Sheriff's Office is in the process of transitioning their issued duty side arm, and the desired ammunition is extremely limited. ■ Considerations: As noted above, this ammunition is no longer used by the VBPD. The 5,000 rounds is only a portion of the VBPD stock of this type of ammunition. If the ammunition was purchased from the State contract, its value is approximately $1,887. ■ Public Information: Normal Council Agenda process. ■ Recommendation: Adopt the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager:1k, 1 AN ORDINANCE TO DONATE 5,000 ROUNDS OF UNUSED 2 AMMUNITION TO THE SHERIFF OF PATRICK COUNTY, 3 VIRGINIA 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 A donation of 5,000 rounds of unused Winchester Ranger ammunition for the 9 Sheriff of Patrick County, Virginia, is hereby authorized. The ammunition is to be donated 10 in "as is" condition. 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: -- J Budget and Management Services City orney's Office CA16607 R-1 July 25, 2024 �A e�� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds to Support the Permanent Supportive Housing Program and to Authorize 6.0 Positions MEETING DATE: August 13, 2024 ■ Background: The Department of Human Services (DHS) was awarded additional funding from the Virginia Department of Behavioral Health and Developmental Services (DBHDS) to support an expansion of 60 units in the DHS Permanent Supportive Housing (PSH) program. The PSH program provides housing assistance to individuals with a serious mental illness who have low income and meet other eligibility criteria. The City's PSH program has been recognized by DBHDS for its positive outcomes and housing stability success rate and seeks to fund an expansion of the PSH program. ■ Considerations: DHS has been awarded an additional $1 ,425,947 in on-going State General Fund support for this PSH program expansion. Funding includes rental assistance payments and other operational expenses associated with the expansion. The award includes funding for the following six new permanent full-time salaried positions, two of which will work for the Department of Housing and Neighborhood Preservation: • Four Clinician II positions for the DHS PSH program; • One Housing Specialist I for the Department of Housing and Neighborhood Preservation to support PSH operations; and • One Code Inspector I for the Department of Housing and Neighborhood Preservation to support PSH operations. The Adopted FY 2024-25 Operating Budget included a revenue estimate for this program from the Commonwealth in the amount of $2,507,672. This additional funding brings the total award to $3,933,619. ■ 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 ACCEPTAND APPROPRIATE FUNDS 2 TO SUPPORTTHE PERMANENT SUPPORTIVE HOUSING 3 PROGRAM AND TO AUTHORIZE 6.0 POSITIONS 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 1. $1,425,947 is hereby accepted from the Virginia Department of Behavioral 9 Health and Developmental Services and appropriated, with revenue from the 10 Commonwealth increased accordingly,to the FY 2024-25 Operating Budgetof 11 the Department of Human Services to support the existing Permanent 12 Supportive Housing Program. 13 14 2. Four full-time positions are hereby authorized in the Department of Human 15 Services for Permanent Supportive Housing. Such positions are contingent 16 upon continued funding from the Commonwealth. 17 18 3. Two full-time positions are hereby authorized in theDepartmentofHousingand 19 Neighborhood Preservation to support Permanent Supportive Housing. Such 20 positions are contingent upon continued funding from the Commonwealth. Adopted by the Council of the City of Virginia Beach,Virginia on the day of , 2024. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City A o-mey's Office CA16614 R-1 July 25, 2024 C ? CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from the Virginia Department of Elections for the Purchase of Ballot-On-Demand Printers MEETING DATE: August 13, 2024 ■ Background: The 2024 Special Session of the Virginia General Assembly appropriated funding for the Virginia Department of Elections to provide grants to localities to implement ballot-on-demand systems. Citywide implementation of ballot-on- demand systems will allow the Voter Registrar to eliminate one election poll worker from each polling location and decrease the number of ballots printed prior to election day. These changes should lead to reduced cost of elections. On July 26, 2024, the Voter Registration & Elections Office received notification of the approved grant award of $684,390 in state funds for Fiscal Year 2024-25. These funds will be used to reimburse Voter Registration & Elections for the purchase and implementation of ballot-on-demand systems at voting precincts. ■ Considerations: The Virginia Department of Elections must receive a final executed purchase order from the Voter Registration and Elections Office before September 27, 2024 to be eligible for grant disbursement. There is no local match required for this grant. ■ Public Information: Normal Council Agenda process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Voter Registration & Elections City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FROM THE VIRGINIA DEPARTMENT OF ELECTIONS OF 3 THE PURCHASE OF BALLOT-ON-DEMAND PRINTERS 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 $684,390 is hereby accepted from the Virginia Department of Elections and 9 appropriated,with revenue increased accordingly, to the FY 2024-2025 Operating Budget 10 of Voter Registration and Elections for the purchase and implementation of ballot-on- 11 demand systems. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2024. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City Attomey's Office CA16623 R-1 August 2, 2024 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $50,000 for Programming in the Seatack Community MEETING DATE: August 13, 2024 ■ Background: The Department of Parks and Recreation, through its Youth Opportunity Office (YOO), and Fairstead Management LLC are partnering to offer programming to the residents of the Atlantis Apartments. This partnership will connect residents to existing City services and programs as well as new offerings focused on health, wellness, employment, and financial literacy resources. On October 5, 2021, the City Council authorized the City Manager to execute a MOU with Fairstead Management for this partnership. The 2021 action included an appropriation of the first $25,000. This funding request represents years two and three of Fairstead Management's three-year commitment to this partnership. ■ Considerations: Adoption of the attached ordinance will allow the YOO and Seatack recreation center staff to enhance programming initiatives in the Seatack and Atlantis communities. ■ Public Information: Normal Council Agenda Process ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Parks and Recreation Department City Manager: /02 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $50,000 FOR PROGRAMMING IN THE SEATACK 3 COMMUNITY 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT- 7 8 $50,000 is hereby accepted from Fairstead Management, LLC, and appropriated, 9 with revenue increased accordingly, to the FY 2024-25 Operating Budget of the 10 Department of Parks and Recreation for additional programming and community services 11 for the residents of Atlantis Apartments and the Seatack Community. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2024. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City Attorney's Office CA16621 R-1 July 30, 2024 OS�MIA BfAC1 i'o�y�7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate $50,000 from the Southern Virginia Internet Crimes Against Children Task Force to the FY 2024-25 Operating Budget of the Police Department MEETING DATE: August 13, 2024 ■ Background: The County of Bedford and more specifically, the Southern Virginia Internet Crimes Against Children (ICAC) Task Force, has been awarded funding from the ICAC Fund. This funding has been made available by the Virginia Department of Criminal Justice Services. The Virginia Beach Police Department (VBPD) has been approved as a sub-recipient for $50,000 of this funding. This grant will fund $13,093 in overtime; and $18,071 in training/other approved events; and $18,836 for supplies/equipment needed to investigate ICAC cases. The grant period is from July 1, 2024 through June 30, 2025. ■ Considerations: The grant provides $50,000 of funding. There is no local match requirement for this grant. ■ Public Information: Normal Council Agenda process. ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager: /h 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $50,000 2 FROM THE SOUTHERN VIRGINIA INTERNET CRIMES 3 AGAINST CHILDEN TASK FORCE TO THE FY 2024-25 4 OPERATING BUDGET OF THE POLICE DEPARTMENT 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $50,000 is hereby accepted from the Virginia Department of Criminal Justice 10 Services via the Southern Virginia Internet Crimes Against Children Task Force and the 11 Bedford County Sheriff's Office, and appropriated, with revenue from the Commonwealth 12 increased accordingly, to the FY2024-25 Operating Budget of the Police Department for 13 overtime, the purchase of equipment, travel, and training to enhance efforts to address 14 internet crimes against children. 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 anagemerit Services Ci ey's Office CA16610 R-1 July 25, 2024 �z CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds to Support the Comprehensive Community Corrections and Pretrial Services Act Programs MEETING DATE: August 13, 2024 ■ Background: Since 1996, the City has received Community Corrections and Pretrial grants from the Virginia Department of Criminal Justice Services. The program provides sentencing alternatives to incarceration for individuals for which jail time is anticipated to be 12 months or less. The City was awarded the Comprehensive Community Corrections & Pretrial Services Act FY2025 grant from the Commonwealth, in the amount of $1,368,134, however, the Community Corrections & Pretrial Services grant budget was submitted and approved within the Adopted FY 2024-25 Budget for $1,319,444. ■ Considerations: Since the adoption of the City's FY 2024-2025 Operating Budget, the total award has increased by $48,690. Of this amount, $29,244 is for salary increases for full-time state funded local positions. ■ 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: DV 1 AN ORDINANCE TO ACCEPTAND APPROPRIATE FUNDS 2 TO SUPPORT THE COMPREHENSIVE COMMUNITY 3 CORRECTIONS AND PRETRIAL SERVICES ACT 4 PROGRAMS 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $48,690 is hereby accepted from the Virginia Department of Criminal Justice 10 Services and appropriated, with revenuefrom the Commonwealth increased accordingly, 11 to the FY 2024-2025 Operating Budget of the Department of Human Services for the 12 Community Corrections and Pretrial Services Program. 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 elty orney's Office CA16615 R-1 July 25, 2024 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from the Virginia Department of Criminal Justice Services for the Victim Witness Program MEETING DATE: August 13, 2024 ■ Background: The Victim Witness grant is offered through the Virginia Department of Criminal Justice Services (DCJS). The mission of this grant is to provide information and assistance to victims and witnesses of crime in accordance with the Virginia Crime Victims and Witness Rights Act. The fiscal year award amount is estimated annually as a part of the Operating Budget. On July 19, 2024, the Commonwealth's Attorney's Office received notification of the approved grant award of $574,048. The FY 2024-25 Adopted Budget included an estimate of$530,130 for this grant. The $43,918 of additional funds needs to be formally accepted and appropriated by the City Council prior to being spent. ■ Considerations: The grant is funded to the amount of$351,529 from the Federal government and $222,519 from the Commonwealth of Virginia, for a total of $574,048. There is no required local match for this grant, but the General Fund does provide additional support for the program. ■ Public Information: Normal Council Agenda process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Office of the Commonwealth's Attorney City Manager:W 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FROM THE VIRGINIA DEPARTMENT OF CRIMINAL 3 JUSTICE SERVICES FOR THE VICTIM WITNESS 4 PROGRAM 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $43,918 is hereby accepted from the Virginia Department of Criminal Justice 10 Services and appropriated, with revenue increased accordingly, to the FY 2024-25 11 Operating Budgetof the Commonwealth Attorney for the purposes of the Victim Witness 12 grant. Adopted by the Council of the City of Virginia Beach,Virginia on the day of 2024. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVEDAS TO LEGAL SUFFICIENCY: Budget and anagement Services City Afomi y's Office CA16608 R-1 July 25, 2024 utu�.tc� �JJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from the Virginia Department of Criminal Justice Services for the Witness Protection Services MEETING DATE: August 13, 2024 ■ Background: The Witness Protection grant is offered through the Virginia Department of Criminal Justice Services (DCJS). The purpose of the grant is to help localities that provide temporary assistance to help alleviate potential intimidation of witnesses in the Commonwealth. On July 2, 2024, the Commonwealth's Attorney's Office received notification of the approved grant award of $25,000 in state funds for fiscal year 2025. This funding supports safety planning, emergency food, clothing, and other measures, such as childcare and witness transportation, for people who are witnesses to a serious crime. ■ Considerations: No local match is required for this grant. The grant term ends on June 30, 2025. ■ Public Information: Normal Council Agenda process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Office of the Commonwealth's Attorney City Manager: R9 1 AN ORDINANCE TO ACCEPTAND APPROPRIATE FUNDS 2 FROM THE VIRGINIA DEPARTMENT OF CRIMINAL 3 JUSTICE SERVICES FOR THE WITNESS PROTECTION 4 SERVICES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 $25,000 is hereby accepted from the Virginia Department of Criminal Justice 10 Services and appropriated, with estimated revenue increased accordingly, to the FY 11 2024-25 Operating Budgetof the Office of the Commonwealth's Attorney forth e purposes 12 of the Witness Protection grant. Adopted by the Council of the City of Virginia Beach,Virginia on the day of , 2024. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: i udget an Mana4enrvices Attorney's Office CA16609 R-1 July 25, 2024 M1AM1q�� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds for Drug and Alcohol Testing for the Virginia Beach Drug Court MEETING DATE: August 13, 2024 ■ Background: The Statewide Universal Drug Testing grant is offered through the Supreme Court of Virginia's Office of the Executive Secretary. This program helps localities administering drug courts by providing funding for drug and alcohol testing. On July 16, 2024, the Commonwealth's Attorney's Office received notification of the approved grant award of $24,900 in state funds for fiscal year 2025 to support the specialty docket. ■ Considerations: A local match of $6,225 is required for this grant, which will be met through in-kind services from the Department of Human Services. The grant funds are available through the month of September 2024. Thereafter, a reapplication for additional funding will be required. ■ Public Information: Normal Council Agenda process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Office of the Commonwealth's Attorney City Manager:/�jp 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FOR DRUG AND ALCOHOL TESTING FOR THE VIRGINIA 3 BEACH DRUG COURT 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 1. $24,900 is hereby accepted from the Virginia Office of the Executive Secretary 9 and appropriated, with revenues increased accordingly, to the FY 2024-25 Operating 10 Budget of the Commonwealth's Attorney. 11 12 2. The local match of 25% is hereby authorized from existing in-kind resources 13 from the Department of Human 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 members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ,�'/� Budget and Management Services ttorney's Office CA16616 R-1 July 25, 2024 gCHu�11, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds to Support the Problem Gambling Prevention Program MEETING DATE: August 13, 2024 ■ Background: The Department of Human Services Behavioral Health Wellness & Prevention Services program provides targeted services to address problem gambling in the community. These services seek to increase awareness of the problem and provide resources to help individuals in need. ■ Considerations: This is one-time funding of$15,500 to support problem gambling prevention services. Funding will cover the cost of staff training, capacity building, a young adult survey, information dissemination, education, policy changes, social marketing, and incentives/promotions. These are additional funds for the grant period July 1, 2024 through June 30, 2025. There is no local match required to access these funds. ■ Public Information: Normal Council Agenda process. ■ Recommendations: Adopt the attached ordinance. ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manager: 1 AN ORDINANCE TO ACCEPTAND APPROPRIATE FUNDS 2 TO SUPPORT THE PROBLEM GAMBLING PREVENTION 3 PROGRAM 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 $15,500 is herebyaccepted from the Virginia Departmentof Behavioral Health and 9 Developmental Services and appropriated, with revenue from the Commonwealth 10 increased accordingly, to the FY 2024-25 Department of Human Services Operating 11 Budget for the Problem Gambling Prevention Program. 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 ity orney's Office CA 16618 R-1 July 25, 2024 �,wu eei c L > CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds for Peer Support Services MEETING DATE: August 13, 2024 ■ Background: The Virginia Department of Behavioral Health and Developmental Services, through Western Tidewater Community Service Board, provides regional funding to support peer support services. These services are provided by the Behavioral Health Division of the Department of Human Services. The funding supports System Transformation for Excellence and Performance (STEP-VA). The purpose of STEP-VA is to ensure the uniform availability across the State of high quality, evidence-based, trauma-informed, culturally competent, accessible behavioral health services that addresses a broad range of diagnoses and considers an individual's course of illness across the lifespan from childhood to adulthood. ■ Considerations: This is STEP-VA supplemental funding of$8,000 in support of peer support services for individuals with behavioral health disorders. There is no local match required to access these funds. ■ Public Information: Normal Council Agenda process. ■ Recommendations: Approval of the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manager: / w 1 AN ORDINANCE TO ACCEPTAND APPROPRIATE FUNDS 2 FOR PEER SUPPORT SERVICES 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA THAT: 6 7 $8,000 is hereby accepted from Western Tidewater Community Services Board 8 and appropriated, with revenue from the Commonwealth increased accordingly,to theFY 9 2024-25 Department of Human Services Operating Budget for peer support 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: Z- a 1- a�,'�q 1 C Budget and Management Services City o-mey's Office CA16617 R-1 July 25, 2024 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funds to Expand the Parks After Dark Program to the Level Green Neighborhood and to Authorize 3.1 Full-time Equivalent Positions in the Department of Parks and Recreation MEETING DATE: August 13, 2024 ■ Background: Parks After Dark invites the community to engage in recreational programming, sports activities, food, local resources, and employment opportunities to encourage healthy living and support positive youth and family experiences. In 2022, a City taskforce contemplated the following communities as likely candidates to host Parks After Dark programs — Western Bayside, Green Run, and Level Green. The background for funding the program is as follows: • February 7, 2023 — Ordinance adopted to pilot Parks After Dark in Williams Farm Park in FY 2022-23 with the intent to continue for FY 2023-24. • FY 2024-25 Operating Budget — continued the pilot program in Williams Farm • FY 2024-25 Reconciliation — added Green Run as a second pilot location for the summer of 2025. • June 4, 2024— Resolution adopted to direct the City Manager to identify options for expanding to Level Green in the summer of 2025. On June 4, 2024, the City Council adopted a resolution requesting the City Manager to identify funding options to expand the Parks After Dark program to the Level Green Neighborhood. On July 2, 2024, the Director of Budget and Management Services presented the options for the City Council's consideration. ■ Considerations: To expand the program to Level Green Park for the summer of 2025, additional resources will be necessary that were not included in the FY2024-2025 Adopted Operating Budget. The total funding requirement is $353,072, which will cover all funding for staff(3.1 FTEs, comprised of one new full-time position and approximately ten summer part-time positions), supplies, contractors, rentals, and other needs. An appropriation of General Fund balance was determined to be the best option for this appropriation. As the City is still within the FY 2023-24 closeout period, the exact percentage will be reported to the City Council at a later date. The estimated FY 2023-24 fund balance from the General Fund is within the 8-12%fund balance policy, at a currently estimated 9.85%. The use of$353,072 is not estimated to result in it falling outside of this policy, or to materially change the percentage. This will be one-time funding for FY 2024-25. The continuation of the program for the summer of 2026 and beyond would require a subsequent appropriation the following year. If the success of this program is a City Council funding priority, direction could be provided for the City Manager to consider ongoing funding for this program in the development of the FY 2025-26 Proposed Operating Budget. Similar direction was provided by City Council as a part of FY 2024-25 budget reconciliation, regarding the $353,072 expansion of Parks After Dark to the Green Run area. To cover these expansions in subsequent budgets, revenue growth needed to occur and be accepted or else funding these initiatives could prove difficult in the future and/or potentially compete with other City services. ■ Public Information: Normal Council agenda process. This funding request was the subject of a July 2, 2024, City Council informational briefing. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Parks and Recreation City Manager:^2 1 AN ORDINANCE TO APPROPRIATE FUNDS TO 2 EXPAND THE PARKS AFTER DARK PROGRAM TO THE 3 LEVEL GREEN NEIGHBORHOOD AND TO AUTHORIZE 4 3.1 FULL-TIME EQUIVALENT POSITION IN THE 5 DEPARTMENT OF PARKS AND RECREATION 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 1. $353,072 of fund balance of the General Fund is hereby appropriated to the FY 11 2024-25 Operating Budget of the Department of Parks and Recreation for the 12 expansion of the Parks After Dark Program to the Level Green Neighborhood in 13 the summer of 2025. 14 15 2. 3.1 full-time equivalent positions are hereby authorized within the General Fund 16 support for the Department of Parks and Recreation for the expansion of the Parks 17 After Dark Program. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2024. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1 Budget and Management Services ity A orney's Office CA16619 R-1 July 25, 2024 Qc Ku"„ay. c Jr CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $38,000 from the Oyster Heritage Trust Fund for Oyster Shell Recycling and Education Programs MEETING DATE: August 13, 2024 ■ Background: The Virginia Beach City Council first authorized funding to support the Virginia Oyster Heritage Program (VOHP) in 2001. Following multiple ordinances describing activities directed at increasing oyster habitats in the City's Chesapeake Bay watersheds and primarily the Lynnhaven River watershed, the City Council formally adopted the Oyster Heritage Plan in 2016. The Plan was developed by the Department of Planning, and it identified areas in the City's watersheds for construction and seeding of sanctuary oyster reefs, intertidal reefs, and oyster castles. The VOHP is primarily supported by private donations and by citations for violations of the Chesapeake Bay Preservation Act. The Oyster Heritage Trust Fund has a current available balance of $137,919. The ongoing Oyster Heritage Plan implementation strategy represents a significant effort by the City to continue to address restoration of the environmental quality of local watersheds and shows local commitment to achieving Virginia and federal government objectives toward restoration of the Chesapeake Bay. The oyster shell education and recycling program has proven to be quite successful in recovering oyster shells for the construction and maintenance of oyster reef habitat. ■ Considerations: Funding provided will support the current contract for oyster shell recycling and education with Lynnhaven River NOW, which is managed by the Department of Public Works. Provided this request is approved, the City can continue the oyster shell recycling and education program in FY 2024-25. ■ Public Information: Normal City Council agenda process. ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Public Works City Manager: (W 1 AN ORDINANCE TO APPROPRIATE $38,000 FROM THE 2 OYSTER HERITAGE TRUST FUND FOR OYSTER 3 SHELL RECYCLING AND EDUCATION PROGRAMS 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 $38,000 is hereby appropriated, with revenues increased accordingly, from the 9 fund balance of the Oyster Heritage Trust Fund to the FY 2024-25 Operating Budget of 10 the Department of Public Works for oyster shell recycling and education programs. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2024. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: i Budget and Management Services City Attorney's Office CA 16612 R-1 July 25, 2024 M. PLANNING 1. GORDON R. CRENSHAW & HANNAH I. CRENSHAW for a Street Closure re approximately 6,327 square feet of an unimproved portion of Windsor Road adjacent to 1217 North Bay Shore Drive DISTRICT 6 RECOMMENDATION: APPROVE NOTICE OF PUBLIC HEARING A Public Hearing of the Virginia Beach City Council will be held on Tuesday, August 13,2024 at 6:00 p.m.In the Council Chamber at City Hall,Building 1, 2^- Floor at 2401 Courthouse Drive, Virginia Beach, VA 23456. Members of the public will be able to observe the City Council meeting through livestreaming on https://virginiabeach.gov, broadcast on VBTV,and via WebEx.Citizens who wish to speak can sign up to speak either in-person at the Council Chamber or virtually via WebEx by completing the two-step process below. All interested parties are invited to observe. 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 August 13,2024. 2. Download WebEx and view the meeting at: h ns,/Lgov-wehex-com/we blin rPeieter/r72ac288f14a 062ra7de0a5663776d54g The following requests are scheduled to be heard: Gordon R. Crenshaw & Hannah I. Crenshaw(Applicants)Street Closure Adjacent Addresses:1217&1223 N. Bay Shore Drive Adjacent GPINs: 2418187390, 2418187483 City Council:District 6(Remick) Copies of the proposed plans, ordinances, amendments and/or resolutions are on file and may be examined by appointment in the Planning Department at 2875 Sabre St, Suite 500, Virginia Beach, VA 23452 or online at https://virginiabeach.gov/pc. For information call 757-385-4621. If you require a reasonable accommodation for this meeting due to a disability, please call the City Clerk's Office at 757-3854303. If you are hearing impaired,you can contact Virginia Relay at 711 for TDD service. The meeting will be broadcast on cable TV, https://virginiabeach.gov and Facebook Live. Please check our website at https.//clerk.virginiabeach.gov/city- council for the most updated meeting information. All interested parties are invited to participate. Amanda Barnes,MIMIC City Clerk PILOT-JULY 30,2024&AUGUST 6, 2024-1 TIME EACH t. .rt cp o w�20 - m v �. R40 Windsor Road 0 a� R4� o R20 m N ® Site w � r U Property Polygons Gordon R. Crenshaw & Hannah I. Crenshaw Zoning 1217 & 1223 N. Bay Shore Drive S Building Feet 0 1020 40 60 80 100 120 4� � si CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving Application of Gordon R. Crenshaw & Hannah I. Crenshaw for the Closure of Approximately 6,327 Sq. Ft. of an Unimproved Portion of Windsor Road MEETING DATE: August 13, 2024 ■ Background: Gordon R. and Hannah I. Crenshaw (the "Applicants") requested the closure of approximately 6,327 sq. ft. of an unimproved portion of Windsor Road (the "Right- of-Way") adjacent to their property at 1217 N. Bay Shore Drive for the purpose of incorporating the closed area into their adjoining property. ■ Considerations: Historically, City Council has been reluctant to vacate the public's right of passage to the City's beaches and/or waterways; therefore, staff has not generally supported requests to close rights-of-way which provide beach or water access. However, there has been no evidence of public use of this portion of Windsor Road since it was platted in 1926, and the driveway for 1217 N. Bay Shore Drive has been located in this portion of Windsor Road since at least 1958. For these reasons, staff finds this street closure acceptable. City staff recommends retaining a 20-foot wide public drainage easement along the northern edge of the Right-of-Way to accommodate future drainage improvements, as recommended in the Broad Bay/Oceanfront Stormwater Master Plan (SWMP). The Viewers determined that the closure of the Right-of-Way, with the conditions set forth below, would not result in a public inconvenience. There was one speaker in opposition to this request,who stated concerns that the closure would restrict public access to the water (Linkhorn Bay). ■ Recommendation: On July 10, 2024, the Planning Commission passed a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council, with the following conditions: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City of Virginia Beach shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. Gordon R. Crenshaw & Hannah I Crenshaw Page 2 of 2 2. The Applicants shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat must include the dedication of a 20-foot-wide public drainage easement to the City of Virginia Beach, subject to approval of the Department of Public Works and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The Applicants shall verify that no private utilities exist within the Right-of-Way proposed for closure. If private utilities do exist, easements satisfactory to the utility company shall be provided. 4. Closure of the Right-of-Way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not fulfilled and the final plat is not approved for recordation within one year of the City Council vote to close the Right-of-Way, this approval shall be considered null and void. ■ Attachments: Ordinance (w/ Exhibit A) Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Letter(s) of Support (2) Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department City Manager00 1 ORDINANCE APPROVING APPLICATION OF GORDON 2 R. CRENSHAW & HANNAH I. CRENSHAW FOR THE 3 CLOSURE OF APPROXIMATELY 6,327 SQ. FT. OF AN 4 UNIMPROVED PORTION OF WINDSOR ROAD 5 6 WHEREAS, Gordon R. Crenshaw and Hannah I Crenshaw (the "Applicants"), 7 applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter 8 described portion of an unimproved right-of-way discontinued, closed, and vacated; and 9 10 WHEREAS, it is the judgment of the Council that said portion of right-of-way be 11 discontinued, closed, and vacated, subject to certain conditions having been met on or 12 before one (1) year from City Council's adoption of this Ordinance. 13 14 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 15 Beach, Virginia: 16 17 SECTION 1 18 19 That the hereinafter described portion of unimproved right-of-way (the "Right-of- 20 Way") be discontinued, closed and vacated, subject to certain conditions being met on 21 or before one (1) year from City Council's adoption of this ordinance: 22 23 ALL THAT certain piece or parcel of land situate, lying and 24 being in the City of Virginia Beach, Virginia, designated and 25 described as "AREA OF PROPOSED STREET CLOSURE 26 (6,327 SQ. FT., 0.145 ACRES)", and shown as the cross- 27 hatched area on that certain street closure exhibit entitled: 28 "STREET CLOSURE EXHIBIT OF A 6,327 SQ. FT. 29 PORTION OF WINDSOR ROAD (D.B. 2230, PG. 1408, & 30 PG. 1411) M.B. 7, PG. 144 VIRGINIA BEACH, VIRGINIA", 31 Scale: 1" = 30', dated June 25, 2024, prepared by WPL, a 32 copy of which is attached hereto as Exhibit A. 33 34 SECTION II 35 36 The following conditions must be met on or before one (1) year from City 37 Council's adoption of this ordinance: 38 39 1. The City Attorney's Office will make the final determination regarding 40 ownership of the underlying fee. The purchase price to be paid to the City of Virginia 41 Beach shall be determined according to the "Policy Regarding Purchase of City's 42 Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the 43 policy are available in the Planning Department. 44 45 No GPIN Assigned (City Right-of-Way) 46 Adjacent GPINs: 2418-18-7390 and 2418-18-7483 47 2. The Applicants shall resubdivide the property and vacate internal lot lines 48 to incorporate the closed area into the adjoining parcel. The resubdivision plat must be 49 submitted and approved for recordation prior to the final street closure approval. Said 50 plat must include the dedication of a 20-foot-wide public drainage easement to the City 51 of Virginia Beach, subject to approval of the Department of Public Works and the City 52 Attorney's Office, which easement shall include a right of reasonable ingress and 53 egress. 54 55 3. The Applicants shall verify that no private utilities exist within the Right-of- 56 Way proposed for closure. If private utilities do exist, easements satisfactory to the utility 57 company shall be provided. 58 59 4. Closure of the Right-of-Way shall be contingent upon compliance with the 60 above stated conditions within 365 days of approval by City Council. If the conditions 61 noted above are not fulfilled and the final plat is not approved for recordation within one 62 year of the City Council vote to close the Right-of-Way, this approval shall be 63 considered null and void. 64 65 66 SECTION III 67 68 1. If the preceding conditions are not fulfilled on or before August 12, 2025, 69 this Ordinance will be deemed null and void without further action by the City Council. 70 71 2. If all conditions are met on or before August 12, 2025, the date of final 72 closure is the date the street closure ordinance is recorded by the City Attorney. 73 74 3. In the event the City of Virginia Beach has any interest in the underlying 75 fee, the City Manager or his designee is authorized to execute whatever documents, if 76 any, that may be requested to convey such interest, provided said documents are 77 approved by the City Attorney's Office. 78 79 SECTION IV 80 81 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 82 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 83 VIRGINIA BEACH (as "Grantor") and GORDON R. CRENSHAW and HANNAH I. 84 CRENSHAW (as "Grantee"). 85 86 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 87 of . 2024. 88 89 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF 90 THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning Department City Attorney CA16550 \\vbgov.com\dfs 1\applications\citylaw\cycom32\wpdocs\d018\p048\00980228.doc R-1 July 30, 2024 3 AREA OF PROPOSED STREET Z CLOSURE (6,327 SO. FT. , D EY N/FG. JR. o 0.145 ACRES (D.B. 3823. PC. 823) LOT 2 (M.B. 7, PG. 144) R=3O \ H* n GPM: 2418-18-7483 �.� ' -cz PROPOSED 20.00' L=54.49 PUBLIC DRAINAGE EASEMENT � (4250 SO. FT. OR 0.098 ACRES) R=1090' t S 76'50' £ 180' L_4 49' � WINDSOR ROAD`� = 784' �R=94.48' _�� m I m"- m PO' R/W)(UN/MPROV%" " = c�R► _ O z (D.S. 2230 PG. 1408, & PG. 1411)(M.B. 7, PG. 744) L=16.80' 1 `► T 7P� N 76'50' W 190' R=30 < D 1 �/S. ILL L=4.334' m (I.N. 202208DO2222) NORTHERN TSD' OF LOT 4 (M.S. 7, PG. 144) � GPIN: 2418-19-7390 -- -- STREET CLOSURE EDIT NOTES: T� �F� _ - 1. THIS IXHIBR IS INTENDED TO SHOW THE f� OF AREA OF PROPOSED RIGHT-OF-WAY A 6,327 SQ. FT. CLOSURE AND INDEPENDENT OF THE ASSOCIATED RECORD DOCUMENTS) IS RIC NER►-� PORTION OF NOT INTENDED FOR ANY OTHER THAN GENERAL REFERENCE. LAC. 2904 WINDSOR ROAD 2. A TITLE REPORT HAS NOT BEEN le0610612024 (D.B. 2230, PG. 1408, & PG. 1411) PRODDED FOR THIS PROPERTY. 0 30 60 M.B. 7, PG. 144 '9,�,d S'URv�O ' >��e,®.► vi�' VIRGINIA BEACH, VIRGINIA JN: 222-00891 Item Applicants Gordon •. Planning Commission Public1 2024 CouncilCity 9 Virginia Beach Request Street Closure Staff Recommendation Approval CHDMLEY o _ Staff Planner �~ Rachael Miller --- -- __ Adjacent Address D"""E' ---_ 1217 & 1223 N. Bay Shore Drive oC WINDSOR RD Adjacent GPINs % o 2418187390, 2418187483 i BAycDLpNyDR Site Size p �p LEE RD `� z 6,327 square feet pp GUNS TON RD i AICUZ 3 65-70 dB DNL;Sub-Area 3 Watershed Chesapeake Bay Existing Land Use and Zoning District Single-family dwelling/R-40 Residential Surrounding Land Uses and Zoning Districts .: North . + -av� Unimproved right-of-way Single-family dwellings/ R-40 Residential `' South r WIN._ Single-family dwellings/ R-40Residential East "s . • . N. Bay Shore Drive ' f. Single-family dwellings/ R-20 Residential West Linkhorn Bay Now Gordon R. Crenshaw & Hannah I. Crenshaw Agenda Item 9 Page 1 Background & Summary of Proposal I • The applicant is requesting to close approximately 6,327 square feet of the unimproved portion of Windsor Road at its western intersection with N. Bay Shore Drive. • The area proposed for closure contains the majority of the applicant's driveway, and the applicant would like to incorporate it into their existing property. • The applicant obtained a deed for the underlying fee in this portion of Windsor Road:therefore, it appears the applicant is the owner of this portion of Windsor Road -_ R4 - Z d No Zoning History R40 0— Application Types CUP—Conditional Use Permit MDC—ModificationofConditions STC—Street Closure SVR—SubdivisionVariance REZ—Rezoning MDP—Modification of Proffers FVR—Floodplain Variance LUP—Land Use Plan CRZ—ConditionalRezoning NON—Nonconforming Use ALT—Alternative Compliance STIR—Short Term Rental EvaluationRecommendation As required by City Code, a Viewers' Meeting was held on June 3, 2024,that included City Staff from the Departments of Public Works, Public Utilities, Parks& Recreation, Planning and Community Development,and the Office of the City Attorney,to consider this request. The Traffic Engineering Division in the Department of Public Works requested to retain a 10-foot-wide portion of the original area proposed for closure at the intersection with N. Bay Shore Drive since N. Bay Shore Drive is a substandard right-of-way, measuring 30 feet in width.Section 4.1(m) of the City's Subdivision Regulations requires a minimum of 50- foot-wide right-of-way, and the 10-foot-wide retention of the area originally proposed for closure will constitute half of the 20-foot deficiency.The Stormwater Engineering Center in the Department of Public Works requested that a 20-foot public drainage easement be dedicated along the northern portion of the area proposed for closure to accommodate future drainage improvements within the Bay Colony neighborhood that aligns with recommendations from the Broad Bay/Oceanfront Stormwater Master Plan (SWMP).The future drainage improvements include installing a new storm drainage pipe in the area proposed for closure. Gordon R. Crenshaw& Hannah I. Crenshaw Agenda Item 9 Page 2 The applicant is agreeable to these requests,and the exhibit was revised to reduce the area proposed for closure from 6,954 square-feet to 6,327 square-feet and to reflect the public drainage easement.With these modifications,the Viewers determined that the proposed closure will not result in a public inconvenience. Historically, City Council has been reluctant to vacate the public's right of passage to the City's beaches and/or waterways;therefore,staff has not generally supported requests to close rights-of-way which provide beach or water access. However,there has been no evidence of public use of this portion of Windsor Road since it was platted in 1926, and the driveway for 1217 N. Bay Shore Drive has been located in this portion of Windsor Road since at least 1958. For these reasons,staff finds this street closure acceptable. Based on the considerations above,Staff recommends approval of the proposed Street Closure subject to the conditions listed below. Recommended Conditions 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee.The purchase price to be paid to the City of Virginia Beach shall be determined according to the"Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures,"approved by City Council. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel.The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval.Said plat must include the dedication of a 20-foot-wide public drainage easement subject to approval of the Department of Public Works and the City Attorney's Office,which easement shall include a right of reasonable ingress and egress. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company shall be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not fulfilled and the final plat is not approved for recordation within one (1)year of the City Council vote to close the rights-of-way,this approval shall be considered null and void. 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. ResourcesNatural & Cultural • The site is located in the Chesapeake Bay Watershed and is within the Resource Protection Area (RPA).This application proposes no alterations within the RPA and as such will not require review or approval by the Chesapeake Bay Preservation Area Board (CBPA). Gordon R. Crenshaw& Hannah I. Crenshaw Agenda Item 9 Page 3 Public Outreach Information Planning Commission • The applicant reported that they met with the surrounding property owners, and no objections were raised. Two 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 June 10, 2024. • As required by State Code,this item was advertised in the Virginian-Pilot on Wednesdays,June 26, 2024 and July 3, 2024. • As required by City Code, the adjacent property owners were notified regarding the request and the date of the Planning Commission public hearing on June 24, 2024. • This Staff report, as well as all reports for this Planning Commission's meeting, was posted on the Commission's webpage of https://virginiabeach.gov/pc on July 3, 2024. City Council • As required by City Code, this item was advertised in the Virginian-Pilot on Tuesdays,July 30, 2024 and August 6, 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 July 29, 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 August 9, 2024. Gordon R. Crenshaw & Hannah I. Crenshaw Agenda Item 9 Page 4 m AREA OF PROPOSED STREET N • v Z CLOSURE (5,327 SO FT. DUDIET N -a l 0.145 ACRES) (D.B, 3823, PG. 823) ` C LOT 2 C) GPIN: 2418-18-7483 R=30 m PROPOSED 20.00' L=54.49' , �+ PUBLIC DRAINAGE EASEMENT (4250 SO. FT. OR 0.098 ACRES) R=1090' t(D, O' £ 18O' L-48.49' i= Z z = R-1100'�D Q 7C c DSOR ROAD �L=94.4$' I�� ao (30'R1'W)(UN/MPROWD)' 0 z� 1408, & PG. 1411)(M.B. 7, PG. 144 6 8 Zvi \ N 76'50' W 190' i R=30 ` N/F L-43.34 , 00901 R. CRE 4#M 3 1W W L CRIENS" (I.N. 202303000203) LOT 3 d NORTHERN 80' OF LOT 4 G) ` (M.B. 7, PG. 144) O ` GPIN: 2418-18-7390 Q _ STREET CLOSURE SIT NOTES: LTA 0�+p 1. THIS Exlrerr IS INTENDED To sHOw THE Cl -- --- OF AREA OF PROPOSED RIGHT-OF-WAY rp CLOSURE AND INDEPENDENT OF THE A 6,327 SQ. FT. ASSOCIATED RECORD DOCUMENr(S) LS PORTION OF NOT INTENDED FOR ANY OTTER TWIN RIC ARNER� GENERA!. REFERENCE. lAo. 2904 1fMSOR ROAD 2. A TIRE REPORT HAS NOT BEEN 1, 0612512024 (D.H. 2230, PG. 1408, & PG. 1411) 0�� FOR THIS PROPERTY.ROPERTY 80 . H.B. 7, PG. 144 �� SUlt D Y®On9[ 7W�i'a' VIRGINIA BEACH, VIRGINIA JN: 222-0089 C v � 3 v Site Photos m • 12-1 r w e J 1 v 4 Yyy �•; N BAY SHORE°R . i Site Photos %' AtijY 'r y WIFE OX •��'']d'1�.'^ _ ''- ii�x s `+` Y � ; Gordon R. i Hannah 1. Crenshaw Agenda Item 9 Disclosure Disclosure Statement X ID VYJ Planning&Community �p- lkvelopment 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 Gordon R.Crenshaw&Hannah I.Crenshaw Does the applicant have a representative? ■Yes ❑No • If yes,list the name of the representative. Lisa M.Murphy,Esq. Is the applicant a corporation,partnership,firm,business,trust or an unincorporated business? ❑Yes N 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) Not applicable "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. 11 Gordon R. Crenshaw& Hannah I. Crenshaw Agenda Item 9 Page 8 Disclosure 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 0 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. Private Lender(CRAIG LEE SLINGLUFF,JR.&MARY SLINGLUFF ILL) 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?IN Yes ❑No • If yes,identify the firm and individual providing the service. BDO,150 W.Boush Street,#1100,Norfolk,VA 23510 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 orto be operated on the property? ❑Yes 0 No • If yes,identify the firm and individual providing the service. 5. is there any other pending or proposed purchaser of the subject property?❑Yes ■No If yes,identify the purchaser and purchasers service providers. 21 Gordon R. Crenshaw & Hannah I. Crenshaw Agenda Item 9 Page 9 Disclosure Disclosure Statement Planning&- Community Devek►pment 6. Does the applicant have a construction contractor in connection with the subject of the application or any business operating or to be operated on the property? ❑Yes N NO e 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. Eric Gardner,WPL 8. Is the applicant receiving legal services in connection with the subject of the application or any business operating or to be operated on the property?■Yes ❑ No • If yes,identify the firm and individual providing the service, Lisa M.Murphy,Esq.&Neil L.Rose,Esq.,Willcox&Savage,P.C. Applicant Signature I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the meeting of Planning Commission,City Council,VBDA,CBPA,Wetlands Board or any public body or committee in connection with this application. Applicant Signature J Gordon R Crenshaw & Hannah 1.Crenshaw Print Name and Title t ll, -G 1 D?-' Date Is the applicant also the owner of the subject property? IN Yes ❑No • If yes,ycu do not need to fill out the owner disclosure statement. +' • that pertains to the applications No chan•es as of Date 7/30/2024 "gnet,rcr �:Ae °`""°` Rachael Miller 31 Gordon R. Crenshaw & Hannah I. Crenshaw Agenda Item 9 Page 10 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. Gordon R. Crenshaw& Hannah I. Crenshaw Agenda Item 9 Page 11 Virginia Beach Planning Commission July 10, 2024, Public Meeting Item # 9 Gordon R. Crenshaw and Hannah I. Crenshaw Recommendation: RECOMMENDED FOR APPROVAL Discussion Mr. Alcaraz: All right. thank you. Next item? Ms. Alcock: Agenda Item #9, Gordon R. Crenshaw and Hannah I. Crenshaw for a street Closure at 1217 and 1223 North Bay Shore Drive in District Six. Mr. Alcaraz: Come forward. Ms. Murphy: Good afternoon, Chair, Vice-Chair, members of the Planning Commission and staff. For the record. my name is Lisa Murphy. I'm a local attorney with Wilcox Savage, and I'm here today on behalf of Gordon and Hannah Crenshaw. We'd like to recognize Rachael Millerforherworkon this. I've also been in communication with Lucy Whitlow in the City Attorney's Office. So, we've had the help of a lot of folks in your City staff, and we're always appreciative of that. As the staff report indicates my clients are the Fee Simple owners of lot three, which you should see on youraerial,and the northern portion, or the northern 80-foot portion of lot fourin the North Linkhorn Park subdivision,andthat's depicted on the aerial that you have in front of you. These lots comprise the residential property, which is 1217 North Bay Shore Drive. This property has a very interesting history, and for that reason we submitted a Status of Title with the application that shows that our clients are actually the owners in Fee Simple of Windsor Road; the section of Windsor Road between the prior lots two and three. So their lot, and the lot to the north is where Windsor Road is located. And you may be wondering, well, how did that happen? Back in the well, l guess you have to go back to when this n eigh borhood was originallysubdivided back in the 1920s. At that time, most subdividers retained the right of the fee to the streets that they were creating. What does that mean? It means their subdivision plat only conveyed the city an easement for access. So, your modem subdivision ordinance what happens today with a brand-new ordinance, the city actually gets the fee to the street and not just an easement. So, when you close a modern subdivided street, what you do is you're going to sell the fee to the owner on either side of the center of the right-of-way. So, that's the modern. This is a very old subdivision as you all probably are aware, and at thattime you could actually,the subdivi der retained the fee. To fast forward from the 1920s to the 1980s, a prior owner Vernon Vail, actually went through the Chancery Court process at the time of having to create a receiver for the assets of North Linkhorn Park,the subdivider, and acquired through a court action from the original subdivider the interest, the fee interest that was in Windsor Road. Vernon Vale then sold Windsor Road, and 1217 North Bayshore Driveto Emily and Craig Slingluff,who are actually the grandparents of my clients, the Crenshaw's. So, this is a property that's been developed with a home and a private driveway as you all can see on the aerial pictures for over 70 years now, from at least the 1950s, and before there was a private driveway here and a street. The prior owner went through the process of acquiring the street. So, he owned it. My client's grandmother, there was some thought to go through the street closure process. They didn't go through it at the time. Now my clients own the property, and they would like to formally close the street. In this case whatthat means is removing or vacating, as I think was said at the staff meeting, vacating the easementthatthe city has for public access. So, I justwanted to lay that out for you because this is a very unique situation, and you're only going to have this with one of these very old subdivisions. So they do own the fee. The process, as Mr. Plumlee indicated is somewhat state law driven, right? So your conditional use permit, your rezoning process is differentfrom your street closure process. Street closure is dictated by state law and city code chapter three, 33 111-112, and what that says is you've got three reviewers, and their job is literally to go look at the section of street, and they make a determination as to whether or not there's any indication that the public has used the street, that the publicwould be inconvenienced by the termination of the city's rights of access, and in this case, the three reviewers went out to the site. They agreed that there was no public use,a and in factthrough historical records, it's been a private driveway to this home since the 1950s. They make that recommendation to your city staff, but it's the reviewers who do that technical review. As was indicated in the staff report, the City Public Works Department would like to retain an easement for drainage for theirfuture pu rposesas you can see thatthe 20-foot northem section that would bean underground drainpipe forsome point in the future. Then they want to retain that 10-foot strip that you can see there in red, and that is because the road is simply not that wide. So, they want to retain that portion of the right-of-way. You know, as I mentioned,this process isa somewhat unique process. It's notoften that the property owner requesting the street closure owns the street in fee. That makes this very different. The facts, obviously,this has been a driveway for the last 70 years plus also makes this different So I wanted to make sure I addressed in advance some of the questions that came up. I'm not sure what this particular, I do understandwe have one gentleman signed uptospeak, I'm notsure, what his particular issue is with this, and I'm happy to address it, but just wanted to give you all the overall history and the background, and again as Mr. Plumlee mentioned,the standard forthis is, will the public be inconvenienced bythe termination of this easement? The viewer's position, staff's position, and our position is that the public, excuse me, would not be inconvenienced,and so we're respectfully requesting that you recommend approval of the street closure application. We've reviewed the conditions that staff has attached, theirstandard street closure conditions,and I'm happyto answerany questions that you have. Mr. Alcaraz: Sure. Any questions? None. Alright. We'll hearthe speaker, and we'll give you a chance to rebut. Thank you. Ms. Eicholz: Calling Stan Serwinski. Mr. Alcaraz: Good Afternoon, sir. If you could just state your name and your location, and also you have three minutes. Mr. Serwinski: Sure. Thank you. I'm Stan Serwinski,and I live in the neighborhood in question, and I have three concerns, and they center on exactly the points made about publicaccess. The first one is the publicgood served by closing off public access to property that has been public available for 60 years. My second one is precedent. In this neighborhood,there are several of these type areas where they're convoluted ownership, but the community essentially has access to those, and one of those very close to the one in question is called Lee Beach, and the concern there is. If we close this one, does the owner adjacent to Lee Beach say, "Gee, I want the same." And we fall into this domino position where the community loses something that's very valuable to us. My third point is on public input. My understanding as a civic league is a divided opinion on such public access, and this has been something that's come up for a lot of years, and I would requestthatwe actually solicit the inputfrom the community, have the civic league ask what people think about public access before we make a decision on this, and essentially have a really a plan for once on how to handle this in our community. It's been going on for 60 to 70 years. My point is what's the harm in another 60 to 70 days to get fulsome input from the community. Mr. Alcaraz: All right. Thank you. Any questions for him? Yes, Mr. Plumlee. Mr. Plumlee: Please say your name again. Mr. Serwinski: Sure. Stan Serwinski. Mr. Plumlee: Mr. Serwinski, how close to this parcel do you reside? Mr. Serwinski: Oh, several blocks, a couple blocks away. Mr. Plumlee: Are you closer to the Lee Beach access? Mr. Serwinski: No. I'm closer to this one. Mr. Plumlee: You're closerto this one. Have you ever used this access? Mr. Serwinski: Thatwas the onejustthe otherday. I have pictures. Mr. Plumlee: Let me finish my question. So, with regards to the one we're talking about, you've been walking up and down through that driveway? Mr. Serwinski: I have, yes. Mr. Plumlee: Okay. Is any other member of the public you are aware of using that access? Mr. Serwinski: I have no idea. Mr. Plumlee: So you're not aware of anyone? Mr. Serwinski: Right. So that's my point about the soliciting public access, and public inputto see whatwe think about it. Mr. Plumlee: I heard that, but my question was whether he would observed anyone using the access, and I think you haven't. Mr. Serwinski: Because I don't have I viewof it. I mean, I'm not, I don't have sightline on it. Mr. Plumlee: I don't know if you've viewed, if you've seen them. Mr. Serwinski: No, I haven't, but I haven't seen people use others either. Mr. Plumlee: Well. I'm just asking a question. It has an answer. So, with regards to this public access have you talked to members of the public? Have you appeared before the civic leagues or made recommendation? Mr. Serwinski: No. Mr. Plumlee: Okay. No other questions. Mr. Alcaraz: Alrightanyother questions?Okay,sir, thankyou.You can be seated. You can come forward. Any comments to what was just said? Ms. Murphy: Yeah,just a fewthings. I wanted to pointoutthat Eric Gardner with WPL, who'sthe engineerthat worked on this project, he did in fact talk to the civic league. They canvassed the Civic League. They received some questions. They provided feedback. My clients, Hannah and Gordon Crenshaw who are here today and available to answerquestions.They've spoken with a lot of their neighbors. I was remiss in indicating to you that there were two emails of support from folks that were directly adjacent to the property. So, I wantedto point that out. We've got the Ills, Peter and Molly III who are also here today that can speak to the history of use of this site. If you look at the aerial, or the photographs, that you all have of the sign and the street. I mean, it's pretty obviousthatit's a private driveway. In fact, back in the 80's our clientobtained two encroachment agreements to install riprap near the end of the property at the waterfront, and certainly if this was an area that the city was going to leave open for public access, they wouldn't have allowed riprap because that's inconsistent with that type of shoreline erosion feature. As Mr. Plumlee indicated,just a block and a half away is Lee Road or the Lee Road beach access. I'm not aware of the title status of that strip, but certainly that is a strip that is used for access to the water, and there's a sandy beach area. Mr. Alcaraz: Alright. I'm going to ask for questions, Mr. Plumlee. Mr. Plumlee: If this easement were to remain,do you know of any limitation on the hour of night someone could go walking through this private driveway? Or whatthey could possess on them as theywalk through this private driveway. Ms. Murphy: I mean, my clients have young children,and certain lywouldn'tthink they wouldwant folks traipsing back through all hoursof the night, nor is there really any indication that there have been folks walking up and down back and forth along this. Mr. Plumlee: Are you aware of even it's convenientto reach the water from this point with a boat orwith any kind of water, you know, recreational. Ms. Murphy: Again, the driveway actually stops just a little bit behind where the house line is, and it's grass, and then riprap. So there wouldn't be any reason for somebody to try to get to the water that way. Mr. Plumlee: As far as the Lee Road access, that's a much more heavily used location by the publicon a regular basis, that is just a block and a half away. Is that fair to describe? Ms. Murphy: Correct, and it's very obviously a beach access. Mr. Plumlee: Okay, I don't have any other questions. Mr. Alcaraz: Alright. Any other questions from the commissioners? Okay, you can be seated. At this time, I'll close for public input,and open it for discussion or entertain a motion. Mr. Plumlee: I do have a motion. I would move to approve this application for basically a modification of this public easement as proposed. Mr. Alcaraz: Alright. A motion by Mr. Plumlee. I need a second. Mr. Anderson: Second. Mr. Alcaraz: Second by Mr. Anderson. At this time again, I'll ask, is there any other comments? Mr. Mauch? Mr. Mauch: Just for discussion. I'm noteven sure if this was aware by the public that they had use of the property, but at the same time that also means it's not really putting anybody out because even if they didn't have use, or know that they had use of it. Has staff identified any other locations that might have this type of scenario come up in the future in this area? Ms. Alcock: We did not look intothat as part of this request. We certain lycan get that information for you. Mr. Mauch: Yeah. Alright. I don't feel as though it is going to put anybody from the public. I do understand thatwe do have one speaker here that, that has used it. I'm not, I'm not sure how much it's been used by him or not, but I don'tfeel like it's going to be putting the publicout especially since there is publicaccess, a block and a half away as well. So it is staff's recommendation for approval, and for that reason, I am going to vote, yes. Mr. Alcaraz: Ms. Byler? Ms. Byler: So I was a little concerned aboutthis application,and I did hearsome verbal opposition to it, but no one felt strongly enough to make a formal opposition statement. So, I drove out and looked at it, and it seems to me that what the city is doing is just changing their easement, and saying we're no longer using it, or we have no intent of using it in the future for water access, for pedestrian traffic, or otherwise. We only need it for drainage. So we're giving away something that the city currently has a rightto, and we're modifying it to something less,and we're doing it without compensation,and to the extent that these are really expensive, valuable parcels of property, and there are a lot of people inside the neighborhood or other parts of the city that mightwantto use that access. I was very sensitive to it, and I do think that application such as this one deserves scrutiny, and deserve our going out and looking at, and considering it on a case-by-case basis, but having done so. I will support the motion. Mr. Alcaraz: Alright. Thank you. Any other comments? None? Oh sorry, Mr. Plumlee. Mr. Plumlee: The only reason, I'm going to drone on for just a minute is because I thinkthisis goingto be considered by Council. This is going to come back up to Council. So, I do want to put some very specific reasons. So far, this body has yet to turn down a road closure. I think the gentleman brought up precedence. Well, it is precedence of this body that we've not rejected it particularly un der the circumstance of the city recommendation. It is a city driven ownership, and so we looked at the staff to evaluate through all the departments that are impacted and they weighed in. They said we want drainage. We wantrightof way. I think everyone understood that we did notwant people walking with their beach cards through a private driveway at the middle of the nightto do whatever could be done there. It's well established just down the road that that is an appropriate location. I think this is going to be discussed before Council, so I wanted to make that point. We say thatthe standard is it will not result in public inconvenience. It doesn't mean no inconvenience. It doesn't mean. It's not giving away something belonging to the public, but I think the public established its disinterest in this location over many decades, and that there was a fair reliance upon the owner that that was this position. Of course,when theyadvertise it and say, I wantto declare it, well, people show up, and they typically hold their hand out for something to, okay. So, I think it's an appropriate to thinkof it this way having been to the site, having known the neighborhood as long as I have. I think it's a very good thing to close outfor the ownership of this property, so everybody can rest easy. So that's why I've made the motion. Mr. Alcaraz: All right. Any other comments? None? Any commissioners abstaining? All right. We don't have any. So, we have a motion by Mr. Plumlee, seconded by Mr. Anderson. Ms. Eicholz: The vote is open. By a vote of 10:0 Agenda Item #9 has been recommended for approval. Vote Tall AYE 10 NAY 0 ABS 0 ABSENT 1 Alcaraz AYE Anderson AYE Byler AYE Cromwell X Coston AYE Cuellar AYE Estaris AYE Hi en AYE Mauch AYE Parks AYE Plumlee AYE CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City of Virginia Beach shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The resubdivision plat must be submitted and approved for recordation prior to the final street closure approval. Said plat must include the dedication of a 20-foot-wide public drainage easement subject to approval of the Department of Public Works and the City Attorney's Office, which easement shall include a right of reasonable ingress and egress. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company shall be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are notfulfilled and the final plat is not approved for recordation within one (1) year of the City Council vote to close the rights-of-way, this approval shall be considered null and void. 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. From: John Gibson To: Rachael Miller Cc: worth.rem ick(@colliers.corn Subject: Crenshaw Road Closure Application Date: Tuesday,July 2,2024 10:24:00 AM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. Planning Staff and Planning Commission, Thank you for your continued service to the residents of Virginia Beach.Today,I write in support of the Street Closure Application made by Gordan and Hannah Crenshaw for the portion of Windsor Road west of North Bay Shore Drive.My wife Mariska and I reside nearby at 1225 North Bay Shore,and we find the application to be in good order. In advance,we thank you for your positive consideration of the request.Should you have any questions, please do not hesitate to contact us. Best regards, John John L.Gibson, III 757-630-2800 Cell From: Peter III To: Rachael Miller Cc: Molly III Subject: Letter in Support of Street Closure Application,Gordon and Hannah Crenshaw,Agenda Item 9 Date: Tuesday,July 9,2024 4:55:52 PM CAUTION:This email originated from outside of the City of Virginia Beach. Do not click links or open attachments unless you recognize the sender and know the content is safe. We are writing in support of the Street Closure Application made by Gordon and Hannah Crenshaw for the portion of Windsor Road west of North Bay Shore,which is Item 9 on your July 1 Oth public hearing agenda. My wife Molly has lived in Bay Colony for over 60 years. She lived at 1222 North Bay Shore Drive across the street from the property in question from 1965 until 1982. Her parents purchased the subject property and the land under the paper street in 1982. My wife lived in the house at 1217 North Bay Shore Drive until we were married in 1986. We have lived in Bay Colony near the property with the exception of six years during which time we lived in Atlanta. When Molly inherited the house upon her mother's death in 2022, she and her brother sold the property(including the land under the street)to the Crenshaws. Throughout the period from 1965 to the present, my wife witnessed first-hand her parents taking care of the land under the street, including for instance planting bushes in the area to augment an existing hedge. She also witnessed the fact that during all of that time the street was not used at all. The street was and continues to be used solely as a driveway for the owners of 1217 North Bay Shore Drive. My wife and I have read the application thoroughly. It correctly states the case. Thank you for your consideration and for your service with the Planning Commission. Respectfully, Peter M. Ill Peter M. Ill 1417 N. Bay Shore Drive Virginia Beach, Virginia 23451 757 574 6732 N. APPOINTMENTS ACTIVE TRANSPORTATION ADVISORY COMMITTEE ADVERTISING ADVISORY COMMITTEE AGRICULTURE ADVISORY COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY ORGANIZATION GRANT REVIEW AND ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD DEVELOPMENT AUTHORITY EASTERN VIRGINIA INDUSTRIAL FACILITY AUTHORITY HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMITTEE HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD STORMWATER MANAGEMENT IMPLEMENTATION ADVISORY GROUP TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD P. NEW BUSINESS Q. 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CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS c S B 11 S E U S DATE:07/02/2024 PAGE: 1 R T 11 C L H C R A H T W W U E H E M R U A I O C D N E M M O L Y L O C Y L S 1 O U M L S T AGENDA H E E O C N S A O O E ITEM# SUBJECT MOTION VOTE 1 R Y N K D E N R H_L N 1. CITY MANAGER'S BRIEFINGS A. FUNDING SOURCES FOR PARKS AFTER Kevin Chatellier, DARK AT LEVEL GREEN Director—Budget& Management Services 13. GREEN LINE UPDATE Kathy Warren, Director—Planning C. MARKET SALARY SURVEY SCOPE Monica Kopin, Director of Talent Acquisition and Workforce Development— Human Resources II.- CERTIFICATION OF CLOSED SESSION CERTIFIED 11-0 Y Y Y Y Y 1' 1' 1' Y Y Y VII. A-F G. MINUTES APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y 1. INFORMAL AND FORMAL SESSIONS June 18,2024 H. MAYOR'S PRESENTATIONS 1. PROCLAMATION-CLEFT AND CRANIOFACIAL AWARENESS MONTH Mr.Jackson Doane Ms.Hailey Dore Mrs.Kathleen Magee,B.S.N.,M.Ed.,M.S.W., Founder—Operation Smile Dr.William(Bill)Magee Jr.,D.D.S.,M.D., Founder—Operation Smile Ms.Karen Via,B.S.N.,M.S.N.,R.N.,Care Coordinator—CHKD Cleft and Craniofacial Center 2. PRESENTATION—250th Anniversary of Princess Anne County Resolves Patrick Hannum—Virginia Beach VA250 Committee Alpheus Chewning—Virginia Beach VA250 Committee I. PUBLIC HEARING 1. ACQUISITION,BY AGREEMENT OR 3 SPEAKERS CONDEMNATION Back Bay Marsh Restoration Project,CEP 100551 K I Resolution to SUPPORT the Navy's assignment ADOPTED I I-0 Y Y Y Y Y Y Y Y l' Y Y of new aircraft to the East Coast Master Jet Base at Naval Air Station Oceana(Requested by Mayor Dyer,Vice Mayor Wilson,and Council Members Berlucchi,Remick,Ross-Hammond and Schulman) CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS S B H S E U S DATE:07/02/2024 PAGE: 2 R T II 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 1. 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 JI K.2. Ordinance to DIRECT the City Manager to ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y proceed with a plan for distribution of Arts and CONSENT Culture dedicated funds and to AUTHORIZE two full time positions(Requested by Mayor Dyer,Vice Mayor Wilson and Council Members Berlucchi,Hutcheson,Remick,Ross-Hammond, Schulman,and Wooten) K.3. Ordinance to AUTHORIZE the acquisition of ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y an Agricultural Land Preservation(ARP) CONSENT easement from Michael A.and Tabitha L. Roman(57.70+/-acres),the issuance by the City of its contract obligations in the maximum principal amount of$905,890 and TRANSFER funds to purchase U.S.Treasury Strips KA. Ordinance to AUTHORIZE the acquisition of ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y an Agricultural Land Preservation(ARP) CONSENT easement from Venable Real Estate Limited Partnership(66.79+/-acres),the issuance by the City of its contract obligations in the maximum principal amount of$514,283 and TRANSFER funds to purchase U.S.Treasury Strips K.5. Ordinance to DECLARE the properties at 1452 ADOPTED,BY 11-0 1' Y Y Y Y Y Y Y Y Y Y Bartow Place,1456 Bartow Place,and 207 CONSENT Webster Place to be in excess of the City's needs and to AUTHORIZE the City Manager to sell the properties to the adjoining property owners K.6. Ordinance to AMEND Section 110 of Appendix ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y F of the Chesapeake Bay Preservation Area CONSENT Ordinance re notices of publication K.7. Resolution to APPROVE modifications to a ADOPTED 9-1 Y Y Y Y Y Y Y Y N Y A Term Sheet re redevelopment of Pembroke B Mall;AUTHORIZE execution of definitive S project documents and Support Agreement;and T REQUEST approval by the City's Development A Authority of Modified Term Sheet I N E D K.8. Ordinance to APPROPRIATE$16,152,511 ADOPED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y from the Commonwealth to the FY2024-25 CONSENT Virginia Beach City Public Schools Operating Budget and TRANSFER$105,000 from the School Operating Fund to the Green Run Collegiate Charter School Fund L. APPOINTMENTS RESCHEDULED 13 Y C O N S E N S I S ACTIVE TRANSPORTATION ADVISORY COMMITTEE ADVERTISING ADVISORY COMMITTEE BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION COMMUNITY ORGANIZATION GRANT REVIEW AND ALLOCATION COMMITTEF. COMMUNITY SERVICES BOARD DEVELOPMENT AUTHORITY HEALTH SERVICES ADVISORY BOARD CITY OF VIRGINIA BEACH K SUMMARY OF COUNCIL ACTIONS ) S B H S E U S DATE:07/02/2024 PAGE: 3 R T 11 C L H C R A 11 T W W U E H E M R U A I 0 C D N E M M 0 L Y L 0 C Y L S I 0 U M L S T AGENDA H E E 0 C N S A O 0 E ITEM# SUBJECT MOTION Vol] I R Y N h 1) E N R N N HISTORIC PRESERVATION COMMITTEE OCEANA LAND USE CONFORMITY COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD STORMWATER MANAGEMENT IMPLEMENTATION ADVISORY GROUP TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION ACTIVE TRANSPORTATION ADVISORY Appointed: 11-0 Y Y Y Y Y Y N, N, Y Y Y COMMITTEE Ysabel S.Wells Melissa Yae Lin Chang Student term 7/2/2024 —6/30/2025 CLEAN COMMUNITY COMMISSION Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y Anne Mannarino 3 Year tern 7/2/2024—6/30/2027 Miles Pullman Studentterm 7/2/2024—6/30/2025 GREEN RIBBON COMMITTEE Appointed: 1 1-0 Y Y Y 1' v Y Y Y Y Y Y Brynn Psimas Ella Miller Student term 7/2/2024—6/30/2025 HEALTH SERVICES ADVISORY BOARD Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y Mary Mahony Unexpired thru 5/31/2026 OCEANA LAND USE CONFORMITY Appointed: 1 1-0 Y Y Y Y Y Y Y Y Y Y Y COMMITTEE Amanda Jarratt— Deputy City Manager of Economic Vitality No tern OLD BEACH DESIGN REVIEW Reappointed: 11-0 Y Y Y Y Y Y Y l' Y Y Y COMMITTEE Ellis Hinnant-Will Patty Jarm (Representing Resident in Old Beach Overlay District) One year term 7/2/2024—6/30/2025 CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B H S E U - S DATE:07/02/2024 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 I. 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 OLD BEACH DESIGN REVIEW Jeremy Maloney COMMITTEE (Representing Licensed Architect) Nancy Parker (Representing Resident in Old Beach Overlay District) Two year term 7/2/2024—6/30/2026 William Almond (Representing Resort Advisory Commission) Three year term 7/2/2024—6/30/2027 OPEN SPACE ADVISORY COMMITTEE Appointed: 11-0 Y Y Y Y Y Y Y Y Y Rowena Finn Unexpired thru 5/31/2025 Plus three year term 6/1/2025—5/31/2028 Cooper Stuart— Student term 7/2/2024 —6/30/2025 PERSONNEL BOARD Appointed: 11-0 1' Y Y Y Y Y l' Y Y Y Y Kremena Dimitrova —Alternate Merit Service Employee Unexpired thry 2/28/2027 PROCESS IMPROVEMENT STEERING Reappointed: 11-0 Y Y Y Y Y Y Y Y Y' N' Y COMMITTEE William Almond William A.Coley Calvern F.Jackson- Green One year term 7/2/2024—6/30/2025 Sarah R.Welch Bruce L.Johnson Clenise R.Platt Donna S.Turner Two year term 7/2/2024—6/30/2026 Lawrence B.Dotolo Richard Bowie Mike Eason Brad Martin Three year term 7/2/2024—6/302027 SHORT TERM RENTAL ENFORCEMENT Appointed: I I-0 Y Y Y Y 1' Y Y l' Y Y Y TASK FORCE Rachel Perry No Term CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS O S B H S E U S DATE:07/022024 PAGE: 5 R T if C L H C R A H T W W U E H E M R U A I O C D N E M M O L Y L O C Y L S I O U M L S T AGENDA H E E O C N S A O O E ITEM# SUBJECT MOTION VOTE I R Y N K D E N R N_L N TRANSITION AREA/INTERFACILITY Appointed: 1 1-0 Y Y Y Y Y Y Y Y Y Y Y TRAFFIC AREA CITIZENS ADVISORY Sadie Mixer COMMISSION Student term 722024—6/30/2025 WETLANDS BOARD Appointed: I I-0 l Y Y Y Y ti Y Y Y Y Y Steven B.Ballard— Alternate Member Unexpired dire 9/30/2025 M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT 7:23 PM OPEN DIALOGUE 14 SPEAKERS 8:05 PM CITY OF VIRGINIA BEACH K SUMMARY OF COUNCIL ACTIONS S B H S E U S DATE:07/09/2024 PAGE: 1 R T II 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 V01 I I R Y N K D E N R N N I. CITY COUNCIL'S BRIEFINGS A. MICRO-TRANSIT PILOT PROGRAM Ray Amoruso,Chief UPDATE Planning& Development Officer, Hampton Roads Transit 13. PROCESS IMPROVEMENT STEERING Tuck Bowie,Vice COMMITTEE(PISC)-PROMPT PAY Chair—PISC PROJECT 11, CITY MANAGER'S BRIEFINGS A. PRINCESS ANNE VILLAGE Amanda Jarratt,Deputy City Manager L.J.Hansen,Director— Public Works B. 90-DAY FESTIVAL TASKFORCE Nancy Heiman, Director—Convention &Visitors Bureau III.-V. CERTIFICATION OF CLOSED SESSION CERTIFIED 11-0 Y Y Y Y Y Y Y N' Y Y Y A-F G. MINUTES APPROVED 11-0 Y Y Y Y Y Y Y 1. INFORMAL AND FORMAL SESSIONS June 25,2024 I.I. Ordinance to AUTHORIZE acquisition of ADOPTED,BY 11-0 1' Y Y Y Y Y Y 1' Y Y Y property in fee simple and easements either by CONSENT agreement or condemnation, re the Marsh Restoration in Back Bay Project,CIP 100551 1.2. Resolution to PETITION the Commonwealth ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y of Virginia re convey certain real property to CONSENT the City 1.3. Resolution to SUPPORT the City's 2024 Round ADOPTED,BY 11-0 Y Y Y Y Y Y Y Six(6)Applications to the Virginia Department CONSENT of Transportation(VDOT)re SMART SCALE Program 1.4. Resolution to AUTHORIZE and DIRECT the ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y City Manager to Execute the Second CONSENT Amendment to the Memorandum of Agreement (MOA) re continue the Hampton Roads Regional Water Quality Monitoring Program between the City and Hampton Roads Planning District Commission 1.5. Resolution to APPROVE the City's ADOPTED,BY 11-0 1' Y Participation re the proposed settlement of CONSENT Opioids-Related Claims 16, Ordinance to AUTHORIZE temporary ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y encroachments into two (2) City-Owned CONSENT maintenance easements and variable width impoundment easement re construct, and maintain a rip rap revetment and a wood dock and maintain an existing plastic shed and an existing wood split rail fence at the rear of 1937 Haviland Drive DISTRICT 5 CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS S B H S E U S DATE:07/092024 PAGE: 2 R T 11 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 F O C N S A O O E ITEM# SUBJECT MOTION VOTE I R Y N h D E N R N N 1.7. Ordinance to AUTHORIZE temporary ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y encroachments into a portion of the City's right- CONSENT of-way known as Atlantic Boulevard(formerly Ocean Avenue), commonly referred to as the City Greenbelt, adjacent to 901 Atlantic Avenue re construct,and maintain a stairway to patio area,paver walkway for ADA access, foot wash,landscaping,LED lighting,concrete retaining walls level with lower patio and glass panel fence,handrails,paver patio and entry area DISTRICT 5 1.8. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y $820,798 from the Department of Criminal CONSENT Justice Services(DCJS)to the FY2024-25 Office of Volunteer Resources Operating Budget re various initiatives related to training and resiliency I.9. Ordinance to ACCEPT and APPROPRIATE ADOPTED,BY 1 1-0 Y Y Y Y Y Y 1' Y Y Y Y $10,701 from the Commonwealth to the CONSENT FY2024-25 Office of the Voter Registrar Operating Budget re provide salary adjustments approved by the General Assembly J.1. NMP—C4 FAIRFIELD S/C, LLC for a APPROVED/ I I-0 Y Y Y Y Y Y Y Y Y Y Y Variance to Section 4.4(b)of the Subdivision CONDITIONED,BY Regulations re subdivide the property to create CONSENT a separate parcel for the existing McDonald's restaurant at 5242 Fairfield Shopping Center& 5236 Providence Road DISTRICT 3 J.2. CRAIG M. & KRIS C. KIRBY for a Street APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Closure re approximately 563 square feet of an CONDITIONED,BY unnamed,and unimproved alley,adjacent to CONSENT the rear of 631 Vanderbilt Avenue DISTRICT 5 J.3. HOLLY ROAD,LLC for a Street Closure re DEFERRED TO 1 1-0 Y Y Y Y Y Y Y Y Y Y Y portion of an unnamed,unimproved 15'Lane AUGUST 20,2024, and an unimproved portion of Holly Road BY CONSENT adjacent to 300 Bay Colony Drive DISTRICT 6 J.4. AUTOBELL CAR WASH,LLC/MALBON APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y BROTHERS PETROLEUM, LLC for a MODIFIED/AS Modification of Proffers to a Conditional Change PROFFERED/ of Zoning and Modification Conditions to a CONDITIONED/AS Conditional Use Permit re redevelop an AMENDED,BY existing manual car wash facility with a new CONSENT 3,350-square foot automated car wash facility at 1896 General Booth Boulevard DISTRICT 5 J.5. ADEKOJE PJ 22001,LLC for a Conditional DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y Change of Zoning from AG-1 Agricultural to OCTOBER 1,2024, Conditional R-10 Residential re develop a ten BY CONSENT (10) lot single-family subdivision West of Bluegrass Lane& East of 2044 Aloma Drive DISTRICT 2 CITY OF VIRGINIA BEACH R SUMMARY OF COUNCIL ACTIONS () S B H S E U S DATE:07/09/2024 PAGE: 3 R T 11 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 O L Y L 0 C Y L S I O U M L S T AGENDA H E E O C N S A 0 0 E ITEM# SUBJECT MOTION VOTE I R Y N K D E N R H_L N J.6. EARTHSCAPES ENTERPRISES,LLC for a APPROVED/AS 11-0 Y Y Y Y Y Y Y Y Y Y Y Conditional Change of Zoning from B2 PROFFERED,BY Community Business&1-1 Light Industrial to CONSENT Conditional I-I Light Industrial re construct a 3- story,climate-controlled self-storage facility, totaling 106,800 square feet between 619&623 London Bridge Road DISTRICT 3 J.7 CHARLOTTE NECIUK / MICHAEL & APPROVED/ 11-0 Y Y Y Y l' N' Y Y Y Y Y CHARLOTTE NECIUK for a Conditional Use CONDITIONED,BY Permit re home occupation-commercial CONSENT kitchen at 2733 Pleasant Acres Drive DISTRICT 2 J.8. LAFLEUR PROPERTIES, LLC for a APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Conditional Use Permit re truck & trailer CONDITIONED,BY rentals at 440 South Lynnhaven Road CONSENT DISTRICT 3 J.9. VB COMMERCIAL CENTER, LLC for a APPROVED/ I1-0 Y Y Y Y Y Y Y Y Y Y Y Conditional Use Permit re bulk storage yard at CONDITIONED,BY 4944 Euclid Road DISTRICT 4 CONSENT J.10. JIM LUTZ/LULU 1,LLC for a Conditional APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Use Permit re short-term rental at 915 Pacific CONDITIONED,BY Avenue,Unit D DISTRICT 5 CONSENT J.11. JEFF JAGLOWICZ for a Conditional Use APPROVED/ I1-0 1" Y Y Y Y Y Y Y Y Y Y Permit re short-term rental at 304 28°i Street, CONDITIONED,BY Unit 103 DISTRICT 6 CONSENT J.12. GREEN CLEAN HOLLAND.LLC/ALP& DEFERRED TO 1 1-0 1' 1" Y Y Y Y Y Y Y Y Y ALEX ASLAN for a Conditional Use Permit re AUGUST 20,2024, car wash facility at 4245 Holland Road BY CONSENT DISTRICT 10 J.13. HUSSAIN SURANI/RSS WFCM2015-NXS4- APPROVED/ 11-0 1' Y Y Y Y Y Y Y Y Y Y VA-PAD,LLC for Conditional Use Permit re CONDITIONED,BY indoor recreation facility at 2058 South CONSENT Independence Boulevard DISTRICT 10 J.14. CITY OF VIRGINIA BEACH for an APPROVED,BY 11-0 N' Y Y Y Y Y Y Y Y Y Y Ordinance to AMEND Section 106 of the City CONSENT Zoning Ordinance re public notification requirements for the Board of Zoning Appeals (BZA) K. APPOINTMENTS RESCHEDULED 11 Y <' t i N S I N S U S ACTIVE TRANSPORTATION ADVISORY COMMITTEE ADVERTISING ADVISORY COMMITTEE BAYFRONT ADVISORY COMMISSION BEACHES AND WATERWAYS ADVISORY COMMISSION COMMUNITY ORGANIZATION GRANT REVIEW AND ALLOCATION COMMITTEE COMMUNITY SERVICES BOARD DEVELOPMENT AUTHORITY HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMITTEE OCEANA LAND USE CONFORMITY COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD STORMWATER MANAGEMENT IMPLEMENTATION ADVISORY GROUP CITY OF VIRGINIA BEACH K SUMMARY OF COUNCIL ACTIONS 5 B 1{ 5 E U S DATE:07/09/2024 PAGE: 4 R T 11 C L H C R A H T W W U E H E M R U A I 0 C D N E M M 0 L Y L 0 C Y L S 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 N N TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN AGRICULTURE ADVISORY COMMITTEE VIRGINIA BEACH CANNABIS ADVISORY TASK FORCE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION I . UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT 6:34 PM