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AUGUST 13, 2024 FORMAL SESSION MINUTES
t�u•Bggc 9r5 OF O R N�O� VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia AUGUST 13,2024 Mayor Robert M. Dyer called to order the CITY COUNCIL MEETING in the City Council Conference Room, Tuesday,August 13, 2024 at 3:30 P.M. City Manager Duhaney advised Charles Rigney resigned as the Director of Economic Development effective August 7,2024. City Manager Duhaney advised the vacancy has been posted online and a national search will be conducted. Mr. Duhaney explained after a comprehensive review of the Economic Department's financial records, it was discovered some travel expenses did not align with policy and therefore the City Auditor will conduct a thorough investigation and provide the results to City Council and the public. City Manager Duhaney advised any abuse of travel privileges by City staff is not tolerated and is grateful that the current checks and balances helped to identify the issue. Council Members Present: Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara M.Henley,David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse,Joashua F. "Joash"Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None 2 CITY MANAGER'S BRIEFINGS LIBRARY PARKING AFTER HOURS ITEM#759 70 3:32 P.M. Mayor Dyer welcomed Kimberly Knight, Director — Public Libraries. Ms. Knight expressed her appreciation to City Council for their continued support: Nighttimeof LibrariesOrdinance Recommendation KimberlyB. • of Libraries BEACH Here is the Recommendation: Recommendation Pass a City Ordinance to limit after-hours library such as the one for • •• - • August 13, 2024 ocused Action Plan Invigorate: 3.21 "Continue public safety efforts to ensure a safe and healthy environment for residents and visitors." 3 VLJ allenge • Increased overnight camping on library grounds and in vehicles causing health and safety issues • Trash and biohazards; report of physical attack a VB Challenge • Individuals often refuse offers of help or access to Housing or Human Services 5 � Challenge • Without ordinance, police do not have authority to address overnight camping on library grounds � , ::..: �j��,; 1 6 ur3 August 13, 2024 BRIEFINGS LIBRARY I I I PARKING , , AFTER HOURS ITEM#75970 Here are afew opportunities: Opportunity G Er • Give police authority to address individuals and vehicles violating after-hours with an ordinance .• PAL • Individuals may more readily accept City Services ���.�,,,,,,„q and assistance • Restore safe and healthy environment for residents and visitors v� Recommendation Pass a City Ordinance to limit after-hours library visits such as the one for Parks & Recreation. (City Code 23-43 and 23-43.2). August 2024 Draft Ordinance: Nighttime use of city libraries (a)Any person who remains,goes or enters upon any city library,city library grounds,or city library parking areas,between the hours of 8:00 pm and 8:00 am for more than a total of thirty minutes,shall be guilty of a misdemeanor and subject to a fine not less than two hundred dollars($200)and not more than five hundred dollars($500). (b)This section shall not apply during city-sponsored events or events authorized by city permit,nor shall it apply to any city employee or authorized agent while in the performance of official duties. (c)As provided by Code of Virginia§15.2-1124,city libraries,city library grounds,and city library parking areas are under city police jurisdiction for the enforcement of this section pertaining to the use and occupancy thereof. (d) For the purpose of this section,"city library"means any city-owned and operated property open to the public for general library-related usage,including,but not limited to,city library grounds and city library parking areas.The term'city library"shall not include the Joint-Use Library located at 1700 College Crescent in Virginia Beach,Virginia. 9 UB Thank You Questions? VIRGlNIA �> BEACH to 7 CITY MANAGER'S BRIEFINGS PENDING PLANNING ITEMS ITEM#75971 3:59 P.M. Mayor Dyer welcomed Carrie Bookholt, Deputy Director—Planning and Community Development. Ms. Bookholt expressed her appreciation to City Council for their continued support and distributed copies of today's presentation, attached hereto and made a part of the record. Mayor Dyer expressed his appreciation to Ms. Bookholt for the presentation. August 13, 2024 Ir V it i PLANNING ITEMS August 13t" & 20TH CITY COUNCIL MEETINGS August 13, 2024 CITY OF VIRGI ICI IA BEACH SUMMARY — August 13th 1 Planning Items Scheduled for City Council's Consideration 1. Gordon R. Crenshaw & Hannah I. Crenshaw • Street Closure • Recommended for Approval by Planning Commission & Staff Gordon 2 VB Item 1 — GORDON R. CRENSHAW & HANNAH 1 , CRENSHAW City Council: District 6 (Remick) Location: 1217 & 1223 N. Bay Shore Drive cc ARINGj.. ., . , FM STREET CLOSURE Staff Recommends Approval Planning Commission voted 10 to 0 to recommend Approval 3 Item 1 — GORDON R. CRENSHAW & HANNAH I . CRENSHAW • Request to close 6,327 SF of an unimproved road adjacent to 1217 & 1223 N. Bay Shore Drive ►, ;u A; • Will incorporate area into adjacent lot ' .�� t ; � ►. Existing driveway within closure area No proposed construction or structures for closed area Viewers' Meeting held on June 3, 2024 requested a 20' public drainage easement and 10' right-of-way "' retention. Applicant accepted both requests. 2 letters of support • 1 speaker in opposition with concerns about closure restricting public access to water GORDON R. CRENSHAW & HANNAH I. CRENSHAW 1 4 VB SUMMARY - August 20th Holly Rcmd.LLC 13 Planning Items Scheduled for City Council's Consideration Diamond Farrow Slott Griffith Aldrich 8 Julia Wearing Aldrich 1. Ervin James Brian L.Harris • Conditional RezoningGmen Clean Holland.LLC • Recommended for Approval by Planning Commission & Staff Nova Trampoline Paik.LLC 2. Thalia Plaza, LLC Caliber Bodyworks of Virginia,LLC • Conditional Rezoning Ervin James • Recommended for Approval by Planning Commission & Staff 3. Thalia Plaza, LLC • Subdivision Variance • Recommended for Approval by Planning Commission & Staff 4. Caliber Bodyworks of Virginia, LLC • Conditional Use Permit • Recommended for Approval by Planning Commission & Staff Bonney G-Bright 5 �B SUMMARY — August 20th 5. Scott Griffith Aldrich & Julia Wearing AldrichDiamond Farrow Scott Griffith Aldrich Julia Wearing Aldrich • Change in Nonconformity Brian L Harris • Recommended for Approval by Planning Commission & Staff 6. Nova Trampoline Park Virginia Beach, LLC Nova Trampoline Pailk.LILC Caliber Bodyworks of Virginia,LLC • Modification of Conditions Ervin Jwniiiii; • Recommended for Approval by Planning Commission & Staff 7. Brian L. Harris • Conditional Use Permit • Recommended for Approval by Planning Commission & Staff 8. William F. Daddio & Jean A. Gentry • Street Closure • Recommended for Approval by Planning Commission & Staff Bonney G.Bright 6 VB SUMMARY — August 20th Ho I IV Road.LLC 9. Diamond Farrow Diamond Farrow Slo"Griffith Aldrich&Julia Wearing Aldrico • Conditional Use Permit Brian L i Harris "I'lialia Plaza,LLC • Recommended for Approval by Planning Commission & Staff Grten CILan Holland.LLC William F.Daddio&Jean 10. Bonney G. Bright a Nova Trampoline Paik.LLC !41 Caliber Badyworks of Virginia,LLC • Subdivision Variance Ervin Jarnes • Recommended for Approval by Planning Commission & Staff 11. Logan's Towing & Service, Inc. • Conditional Use Permit • Recommended for Approval by Planning Commission & StafF 12. Holly Road, LLC • Street Closure • Recommended for Approval by Planning Commission & Staff 13. Green Clean Holland, LLC Bonney G.Bright • Conditional Use Permit (Car Wash Facility) • Recommended for Denial by Planning Commission & Staff 7 Vg Item 1 — ERVIN JAMES City • • • • . Painters go al' v <r�,c 8 I i R1S IR CONDITIONAL REZONING • Agricultural District • Conditional 1 Residential District ) Staff Recommends Approval • • of.,r.S.YJIc ,i, x � a ^.x� :.u•+ • • • • • SU@C] 3NY7 ISN31NlYd _ •CY• fiW`�:1l�3.f�reY T : JIC,a,Y::LC eajV—qnS • / rr amr �axrc en•.rwva 'ff.t' •..� • I J / c e e• � I1( 7 b.E f N�b. O:fG•1�( 2R • • • • yav f •�' �f�f�rtW < xv`✓sM,a."r ry � e • • • `h• 1 2,aor faro,o / "/ 4� i I u a•ez..r4 .v errn / + o;s� i• 1 : 2!OSSOP171iJ / /. 'Lf'ilE Yl M/ j _ I • '�'V- •Irs r..ataet. ry•;,, rnxav�avol�ue•�..wa i • FYI •1 NOI Y1.i011.1 wojl Aliadoidauozai • • Item 1 — ERVIN JAMES , • Proffer 2 indicates size of the proposed �.., new home on Lot A and size of the D proposed addition on the existing home on Lot B. n 4 ; x.r . Proffers include building materials to include architectural shingles, premium x _ - vinyl siding, cementitious siding, brick, " 4 stone and dryvit. , . • New single-family dwelling developed to be compatible with surrounding residential homes along Painters Lane in size and design ERVIN JAMES 1 10 VB Council:Items 2 & 3 — THALIA PLAZA, LLC City • • Beach Boulevard • N. Fir Avenue OUNCANk W dURCF D �.___. --- f.OKI'OHAffOK LN R RUNOEt,tN - _. R � ROE byFa VIRGI NIA BEACH BLVO --- a AilHC N RplN t R�YOKOk`OR .. � VIRC:!NIA BEA CH BUVD— � �kRO Q 62 O 2 W CONDITIONAL REZONING (B-2 Community Business District & R-513 Residential Duplex District to Conditional B-4 Mixed Use Business District) & SUBDIVISION VARIANCE (Section 4.4(b) of the Subdivision Regulations) Staff r y Z a h 7F w y q DU7CH 57 J I C V � w W C Q r i W c a > R50 EIONNEY RU O rr � U m y a m a J y y m j Recommends A• • • Planning Commission • - • 10 to 0 to recommend Approval Items 2 & 3 — THALIA PLAZA, LLC • Requests to rezone properties from B-2 & R-SD to Conditional B-4 Mixed Use Business & a Subdivision Variance to Section 4.4(b) of Subdivision Regulations for lot width, street line frontage • Located between Pembroke SGA and Rosemont SGA; utilizing SGA Design Guidelines & reduced setbacks 71 >- • Seeks to combine two lots & develop with a 4-story mixed use building with retail and apartments `3 • Deficient in lot width, street line frontage, w; s and lot area - - Lot Width — deficient by 80 feet ORBIS • Street Line — deficient by 40 feet • Lot Area — deficient 20,766 sq ft THALIA PLAZA, LLC I 12 VB n �1 1Jll `VZV1d V11VHl sanjen Aliodoid of spedwi Inoge pauaa:)uo:) aoggBiau jua:)efpe woa j uoijisoddo jo jollal Z 11 ■11 ■1 jDap looi pue @beds 11 JI ■11 ■1 uoileaaDaa — JOOIJ qJ7 agI pue `(ao011 pea uo sjiun juaua1aede t) sluawliede - p,F 7S puZ `a:)eds pejaa - JOOIJ IsZ 1 I fll� I 1 eaae guipunoaans aqj @Duequo 1egj slepajew Ajijenb 1 - -- ■ ■ gSiq nnogs suoiJenaJa Ouippq posodoad 11 -- 011 `VZdld VIIVHi E V Z Swall Council:Item 4 — CALIBER BODY WORKS, LLC i City 1 ' • • • n: 3417 Chandler Creek Road, Units 135, 136, . 137 RtnFas'� R5D CONDITIONAL USE PERMIT (Automobile Repair Garage) Staff MARE IN \ _ BSICKNER BLED \ a Cfl'Op Oft O _ P1 y0 FPGJ s9 �\ P F Q� �P gR� FNiC OR Recommends Approval Item 4 — CALIBER BODY WORKS, LLC • Request for Conditional Use Permit for Automobile Repair Garage 41500 SF across 3 existing suites . .. :- Intended as an overflow work area for 77- another Automobile Repair Garage on Chandler Creek Drive M No outdoor storage proposed No vehicles to be stored in parking lot • Proposing to do bodywork, fluid replacement, and similar repairs CALIBER BODY WORKS, LLC1 15 VB Item 4 — CALIBER BODY WORKS., LLC • Up to 5 employees anticipated No alterations proposed to ,� ,r_��°�:� fi� ;., . �_�:_a--s•�b"=��` �� ��� building Sufficient parking provided 5 letters of support eNo known opposition CALIBER BODY WORKS, LLCM 16 VB ALDRICH City Item 5 - SCOTT GRIFFITH ALDRICH JULIA WAREING • • 11 43rdStreet A`L�y TH$S � _✓`__✓�CHANGE IN NONCONFORMITY Staff z C�^ �^ .,.. SAS E SS�TN NA4�gS r•^'•,�' Rt7.5 '. 4',, ��_ _= ��' Q FAH'iO O 4STN ST O � � •� � 5� r! D D c T D '�, '• titi't R7:¢ •��� �T uH 9 _. � �•� ''t aa�5 R � J k a -t3f2 •� ..� Recommends Approval Planning Commission voted 10 to 0 to recommend Approval Request • • - in Nonconformity to build a second-story rear addition and construct a front YR OY()T asn� o �rt qp�l IJe. EYOI porch fwao+a•r Contributing resources Shores National Register Historic i�]/�N' /2YW�rIYrrS District rIrIY a awtw Ile?ce r llfffi f /•Lf7 w wu•o I: nrr��/t _ a r rri rrx rr �� l• p/'M1C�7r al Numerous existing dimensional Ji YQSY>D fj I,tLW� noiaraw �i r• • • • ' •7•Ir- •w i Ym Deficient front yard, side yard, rear yard rl •�II � -�" •�1 � ceu7c setbacks g7gM•� Deficient separation between primary �� 2 r.ry ( •SAwi r /I757 e7rrwvow - • • accessory •rero". „C �� •i ry tYo.rwor rasa• nswr ten-. �� -....} Nay .. _...-_...,..-... �r a a rr rp SCOTT GRIFFITH D. WAREING D. Item 5 — SCOTT GRIFFITH ALDRICH & JULIA WAREING ALDRICH • Design compatible with adjacent properties and overall character of Cavalier Shores ;= • Minimal change to existing nonconformities • 2 letters of support • No known opposition _r 3 Nil _ I SCOTT GRIFFITH ALDRICH &JULIA WAREING ALDRICH 19 VB Council:Item 6 — NOVA TRAMPOLINE PARK,, LLC City • • • • 1 • Lynnhaven Parkway OERRY 1VN ARf pR WILBNANAM Ofi /'� R7.5 R7.3 ,, RS s / LY NNNAVEN KwY p Ep,ApR ?O �" �• A�z ai2 �� 1 �'.sz i �... - . MODIFICATIONOF • D • • • RECREATION Staff Recommends A• • • Planning Commission • - • 10 to 0 to recommend Approval 20 VB Item 6 — NOVA TRAMPOLINE PARK., LLC • Request for Modification of Conditions to expand an Indoor Recreation Facility • 2013 approval for indoor trampoline park • Will increase size of facility from 18, 150 SF to 55,046 SF • Hours of operation: 3.00 p.m. to 10.00 p.m , Monday through Thursday Noon to 11:00 p.m., Friday A d 10:00 a.m. to 11:00 p.m., Saturday t5 i • 10:00 a.m. to 10:00 p.m., Sunday NOVA TRAMPOLINE PARK, LLC 1 21 VB Item 6 — NOVA TRAMPOLINE PARK, LLC - - - - - - - - - - - - - - - -- - -r- 11 W W • Sufficient parking met on site • No exterior alterations beside signage • Compatible use to established Existingadded Conditional Use Permit Conditional Use Permit shopping center • No known opposition NOVA TRAMPOLINE PARK, LLC 22 VB Council:Item 7 — BRIAN L. HARRIS City ' • • • Location: 212 Southgate Avenue & adjoining southern parcel CONDITIONAL USE PERMIT (Automobile Repair Garage) Staff yyy z Q r rc i W •Q 2 a --VIR GINIA BEAGIkBLVD -�- W qNq ` I' SOU TVIERN ULVD O -- MANDAN RC T,,, � S � CLEVELAND ST Recommends Approval Item 7 — BRIAN L. HARRIS • Request for a Conditional Use Permit for an Automobile Repair Garage • Service approximately 3-5 vehicles daily = Hours of operation: 8:00 a.m. to 5:00 p.m., Monday through Friday BRIAN L. HARRIS 24 VB t+25,Y 195'} i7Mw• tl. YI::.lfh ' VAPCE.F (I.\. 7Y.�IOMXI F�IC3j Item 7 - BRIAN L. HARRIS NU�fA"r RMfPLocated in Central • . District aDt am ' 99C tw F �C> 141 LCr 15 I �01" >6 S Appropriate interim use Recommended condition for CUP to MC t•R iF O� expire after 5 �i fy C I Tl'tll Q!T years Requested deviation • landscape luisK t � lr[xcsavJs _c I "'` a tea?.Pc.dos; screening as . temporary zxecrncco�xis�: -0-17 ) �3 2569.�G 2•a7} � vt6rs�iiER r� 1 ,"Pix 'r67 44 3791 ,'f'N: '•6'S-Pi-�6�•1 p Y t,.7f � 1 � Z^JIk.,,`.1! i No known opposition .r,• ^.:7X t r i. 1 Ci'N. 'tb7-41-4638 Mtx yra / � SGUIHG>4 T£' �l/c:fJUF � ,�5• ,,, P.;. �; (.•Al'/r/w) `� =iEVEUNL 57AE£7 !!'�:.4KL AY r:/nrrritsa AVE) i BRIAN L. .• Item 8 — WILLIAM F. DADDIO JEAN A. GENTRY City Council: District 5 (Wilson) Location: 817 Va • • -71 STREET CLOSURE Staff Recommends Item i — WILLIAM F. DADDIO & JEAN A. GENTRY Request to close 375 SF of tars �tl {N.G.i4,Pc.1f} I fug.r2s,Ec. ro7a; unimprovedalley adjacenttorear of 817 6FlYt R2E 57!E!v C�IR:2A�S-3T-SRSd G'N•.2�Z6 .rZ� i0f:F- y Xf'ALLEY Vanderbilt Avenue rMa za, a•. sr, i Or+•rs•rs-a Will 1 �:-�R';� C1alYY;=?5EIE1a incorporate property • rear Ak11!! (LV.2C07:r17O77d53227i • o n (J75 sU Fr. C3R• No proposed construction or � a ncg ems) RMUREEtl R.RpINf aY•:.. tr..R.xTz�,.e+n r.L.rrro+o:twa�a 14CC< for • ' • area; use closed area • meet rPMk TAM-3:-RRSS 3 W NII setback requirements • • rear � A7BERI E bWWYU! � f �' SEitD tl CNAHM �2' ` 41 Y.YCYGCEI tO77�INiN;• deck 10T IT A � m x(l7.ZC07!71 ZO7O35322)) � RNlN � G'N:2a26 ]T E725 liv. o. E90/ Y BVIS/7010 I held on - 2024 O Meeting A'IETQAF--- NOTE�: s a re ass sowith no objections xr.rNmi atln e7�a n w r"c�l'r VA/11�RB�LT AVEI,/G� 1 letter r.Q e�utn:Ym a nt�:acvl LBO'R/WJ(1f.8 7!, PG '7.' n.r.m ar..rl■In;u:n w wil h>,v (FTMZRAL7b'Y!MLTf7C�Y£NUtJ rc.rn•Dorn niw wl:rK P7vr'[c x R u rwc INS vcr maa of support tie 1xs PiF[IfR 3!'R887 CfA3[1RE SAfQB77 ar THE S8S1'E&N 7I P73ET 8F 15' ALLBY (A PIIBIIC x/1►) No known opposition I.OT 16; HLOGT 15 CEOlT�2i BELCH YIItGRV1A HEACII, VIBGINIA �m��1 ticx:l s'=EV' hPR]L P6, 86N cm rec�/... fart[to YLIC[ILL se+oC n ��.sma Pc.ra rux:c-ea ree t8a-tltl7tl A DADS • &JEAN A City Council: District Item 9 — DIAMOND FARROW Location: 4.0 . Pembroke Lake Circle, Suite 104 -��- CONDI TIONAL USE PERMIT N ate' 1F o a� h 'Op pO�ti Ea� Hp G H 00 �c ep ��y PEM�tOK Fr 1 CDEMga pKE glV r • m C' ,...-�' � i i e�y W T v z p o a` PEM� u a y�J�p 2~ CW SNFcF�F�OOR 82 = �. O J (Assembly Staff Recommends • • • Planning Commission • • 9 to 0with 1 abstentiontorecommendApproval Item 9 - DIAMOND FARROW Me Request to operate an Assembly Use within an existing suite in the ,► allwiPembroke Lake Shopping Center � No more than 49 guests proposed; maximum occupant located to be t , determined by Building Official ,� • 44 parking spaces required; 35 provided • Parking study approved by Zoning Administrator DIAMOND FARROW 29 VB Item 9 - DIAMOND FARROW ` Hours of operation: 6:00 p.m. to 12:00 a.m., Monday through Fridays _ .-- 4 _ Not- Noon to 12:00 a.m., Saturdays t and Sundays No exterior changes proposed, m except signage t,��lil1il11�` " • No known opposition DIAMOND FARROW 30 VB Item 10 — BONNEY G . BRIGHT City Council: District 2 (Henley) Location: 5649 & 5605 Buzzard Neck Road AGI AGI SUBDIVISION VARIANCE (Section 4.4(b) of the Subdivision Regulations) Staff Recommends Approval Planning Commission voted 10 to 0 to recommend Approval 31 VB Item 10 — BONNEY G . BRIGHT • Proposed 2 Lot Subdivision • Lot 1 will be homesite for existing dwelling at 5649 Buzzard Neck Road & nearby mobile home • Does not meet minimum Lot Area • (0 acres vs 1 acre req.) or Lot Width • (0 ft. vs 150 ft. req.) • Lot 2 for non-residential uses only to meet density — area to be conveyed to adjacent farm owner • Vacant dwelling at 5605 Buzzard Neck Rd. to be removed BONNEY G. BRIGHT1 32 VB Item 10 — BONNEY G . BRIGHT • Lot 1 is completely within the Floodplain Subject to Special Restrictions • • Condition 2 recommended to require a note to be added to the f final plat that no new residential structures can be located in the floodplain subject to special - o restrictions on lots created after October 23, 2001 • Floodplain Variance required for any y $TM future redevelopment on Lot 1 ' -5 • Lot 1 approved for 1 single-family ;. only • No known opposition BONNEY G. BRIGHT1 33 VB Council:Item 11 — LOGAN'S TOWING SERVICEY INC City ' • • • • • ' Southgate 2 ti CONDITIONAL USE PERMIT (Automobile Repair Garage) Staff h SAYER (CORAL gT i. t �� QltP RICHA Rn RD e y �ROaV � z a w JEANNE ST = � �VwfTGNT'RD _ ... \ m f j -� w = _ � C►,EVE{ANDST -� I i ' f �� - SOUTHERN BLYD- � � f Recommends Approval Planning Commission • • 9 to 0with 1 abstention torecommend Approval Item 11 — LOGAN'S TOWING & SERVICE, INC • Request for a Conditional Use Permit for an Automobile Repair Garage r Utilizing existing buildings on site - Foundation landscaping & two trees to be installed to improve aesthetics of _ site • Up to 4 employees anticipated • Hours of operation: 8:00 a.m. to 5:30 p.m., Monday through Saturday LOGAN'S TOWING &SERVICE, INC 1 35 VB • • • • • • • • UMOUI • • • • • • . • . I - - asn wijalui . • • • • . • ' ' • . • • • . ' • DNI 13DIA113SS 9NIMOi SdNVE)OI 11 Luall [ Item 12 — HOLLY ROAD LLC Council:City Location: 300 Bay Colony Drive & the adjoining western parcel STREET tp0 t \ EY R gAY COLONY DR T-�� • R40 �� m g rro �tHgt 1 J 1-- BA`t C cN m W CLOSURE Staff Recommends Approval Planning Commission voted 10 to 0 with 1 abstentionto recommend Approval SE G1•. • - oKJ-aa�Nr +sa- re•Watts vwant w:)„ Slc<a�vrwo 7nooaa�•a7s1®vI1De>Os ��l�Y•tJ� lac na•�a: rx1{roc -ar•a•e•xi • • • • • U/V\Oul ON 1-aJi T 1 � itQ.)irQT �T/II• 9lJ1R,91 U7MP/U711 Nt w YOLIMOJ ,6C'QIS Y ,4L/ 9N1 Q108 .l7lOH i0 KOY.SOd ,O.6CI Z,98 4 • • • • • AID • L)OY'tin'r ,gyp�s •JL��T 31Y): • • • • • • • • • • pinoqs Ia All f!w telAL'/b��Y aJ Ali �uaav ,crlro�oo� .c re • • • • • • • • • • • • ON ;•. y mt.•V �I�nYI�u�u I 11p.1, .ATM JI 11f[K S • • • • • • • • • • • • • • 1. fSDJY xJa (`, all II 10L rtG1'J I ynaov�aYs /n I I • • • • • • • • § t Ie nL ��a• _ h _ • �� �Za7 a ��dr73T .b �'� • • • • • • • • • olui • • • • • • A ti N /5_!Ci IBC �q Ili al'1 11 JS iJ✓' �S 1/f E_ 3M'ISOV D,n • • • • • • • • I • • • • @jnsolD • • van Fd Ury N f ny 11J•K•S Sif�-'rr�.� •: I INCJITK'a.i �aiiO-fl'ylK»A 1 »R-[:-cilt 1V1 1 Wf.ki1K� I I I,au of z..Y9 I �'. •. • • • • • nI f61 YL><�r VLU� • • aqj • • • • • • • �O_2.A8[l.4 ws� nwTrm nrn�, rr ix�fl_��ra Law i nyr,� at071:0/iP 10l.: a{Z 410..Cc • • !a_N'eI JI fW U0.C17N%i+Fli L-Y iM Ik PLY 7Y1 v Z • • YL>y T4L(1�NIU a1J 4A YJr OOOKII7 10)5!i;1101tt7JJ JtlJYM 6LHkla'h. ,111�_ 111L1Ual1Y LIl1 jIFUA 11•-s'I YCW 11l:\l<I • • • • • • • , '��j{7•'l'l� La YYYf T. tWls 01(fCRI YI L I fIM �0 Item 13 — GREEN CLEAN HOLLAND,, LLC City Council: District 10 ' • • • n: 4245 Holland ' • . • qF tr, C,A y4A/y �D {WVJ Sr O J a i w � POHt CONDITIONAL PERMIT . Wash • Staff Recommends Planning Commission • • • i • recommend Denial • VB Item 13 — GREEN CLEAN HOLLAND, LLC • Deferred at the July 9, 2024 City Council Hearing Request for a Conditional Use Permit for a Car Wash Facility • Proposes to adapt existing former Rite-Aid building for reuse as car wash • Will remove existing drive thru lane on north side of building 0 Proposes new pedestrian access from Holland Road to interior of Timberlake Shopping Center • Robust landscaping proposed, including shade trees for existing sidewalk from S. Plaza Trail • Intends to retain existing access points on Holland Road and S. Plaza Trail • 17 exterior vacuum stations proposed; 8 interior vacuum stations proposed GREEN CLEAN HOLLAND, LLCM 40 VB Item 13 — GREEN CLEAN HOLLAND,, LLC • Adding overhead garage doors on primary elevation and on southern elevation for ingress/egress allTO LI M Y.P'*'kfCg � a3' • Staff recommending denial: • Counter to recommendations in Commercial Area Pattern Book for a.TOWVJM redevelopment of large shopping centers and in Comprehensive Plan • Would further entrench auto- oriented uses on a prominent corner _ in the Holland Road corridor • Immediately opposite apartments on S. Plaza Trail • No known opposition GREEN CLEAN HOLLAND, LLCM 41 VB 8 CITY COUNCIL LIAISON REPORTS ITEM#75972 4.27 P.M. J _ Vice Mayor Wilson advised while City Council was on break, she and Mayor Dyer met with leadership from the Virginia Aquarium Foundation (VAF)a couple of weeks ago and came to some agreements, with the understanding this still needed to be worked on and discussed with the Body. Vice Mayor Wilson advised she and Council Member Remick serve as the liaisons for the Virginia Aquarium (VAQ) and they met with the leadership for a second meeting this morning and has a joint statement to share with the Body and listening public. Vice Mayor Wilson read the following: (the joint statement is attached hereto and made a part of the record) "The Aquarium Foundation has indicated a desire to explore the possibility of amending the partnership with the City where it takes on more of an operational and financial role in the day-to-day operation of the Aquarium and planningfor its future in a way that provides budget certainty for taxpayers. To fully explore this possibility, we are asking Council to stop the alternative ownership model exercise with outside third parties. The intent moving forward would be City staff, Council liaisons and the Foundation working collaboratively on the following, which could be memorialized in a new memorandum of understanding. These are the three points we would like to cover: 1. Review the City's and Foundation's financial information to get a more accurate financial picture of the Virginia Aquarium's operation, and work to identify operational efficiencies for implementation 2. Conduct a comprehensive assessment of the[Virginia Aquarium] VAQ facilities, including exhibits 3. Seek federal and state funding to support VAQ operations and/or capital needs to move forward". Vice Mayor Wilson advised the condition of the aquarium building is not known and needs to be assessed and believes the statement provides a good path forward. Vice Mayor Wilson asked if Council Member Remick would like to add any comments. Council Member Remick advised he supports the agreement and reminded the public there has been a forty (40)year public private partnership between the City and VAF and believes all parties want to maintain the relationship. Council Member Remick advised the physical and fiscal assessments need to be completed but the intent of the joint statement is to find solutions that will address issues which were brought to the Body last year. Vice Mayor Wilson advised Dan Peterson is the President of the VAF and would like to be scheduled to come before the Body to answer any questions. Vice Mayor Wilson advised the partnership with the VAF is one of the firstpartnerships the City created and is hopeful the Body will support keeping th e pa rtn ersh ip and Aquarium to move forward in a complimentary fashion. Council Member Taylor advised he was not aware of the meetings and read an article with Mayor Dyer, Vice Mayor Wilson and Council Member Remick who were quoted for taking a different direction for the Aquarium than what was decided during the June 0 City Council Meeting. Council Member Taylor advised he has questions about some of the points mentioned today and asked why there is a change in the direction now, why was $106,000 spent to bring in subject matter experts from RS&S and why was a timeline with planned actions provided during the June 4 h presentation? Council Member Taylor advised August 13, 2024 9 CITY COUNCIL LIAISON REPORTS ITEM#759 72 (Continued) on July 29`h, City Auditor Remias sent an email to inform the Body that he is scheduled to provide a presentation to the Body on September 3`d and explained he was unable to complete the full audit as he was denied data from Mr. Peterson. Council Member Taylor advised he asked Council Member Remick why he did not attend the first meeting and was only told that Mayor Dyer requested to attend the meeting. Council Member Taylor expressed all three should have attended the meeting which would have required a public notice and then the public would have been aware. Mayor Dyer advised he was asked by members of the VAF to attend the meeting but in order to go and observe the three person rule, Council Member Remick could not attend. Mayor Dyer advised the City Council Liaison Reports provide an opportunity when meetings like this take place, they can be brought forward for transparency and discussed publicly. Mayor Dyer advised this is an emotional issue and believes everyone wants to see the Aquarium have sustainable and long term success, however, the initial funding requested was between $2- $3 Million, during a time when the budget for Capital Improvements was stretched thin. Mayor Dyer advised the two (2)meetings recently held with the VAF were legal, with intentions to gain clarification, and have resulted in recommendations only, emphasizing that no decisions were made. Council Member Taylor shared citizen concerns who want to know what they should expect from the $106,000 that was spent? Council Member Taylor advised after he read the newspaper article quoting Mayor Dyer as giving a commitment to pause, he called City Manager Duhaney and told him two (2) Members cannot give that direction and nothing should be paused. Council Member Taylor advised he spoke to former Mayor, Will Sessoms who told him that he would be meeting with Mayor Dyer and former Council Member John Moss and suspects politics are involved. Council Member Taylor also asked how Council Member Berlucchi was included in the article. Council Member Berlucchi advised he was contacted by Stacy Parker who wrote the article. Council Member Hutcheson advised he learned of this from a constituent who also informed him of the article written in the newspaper. Council Member Hutcheson requested that in the future, when there are issues like this, that the Body be made aware. Council Member Hutcheson explained it was a little off- putting when he was told of the pause and was caught off-guard. Mayor Dyer advised the issue with the VAQ has been ongoing and does not have anything to do with politics. Mayor Dyer advised there was an ask to pause but until the Body provides that direction, there is no pause. Mayor Dyer explained there was a lot of confusion and since the meeting Vice Mayor Wilson and Council Member Remick had with the VAF, there are recommendations and a presentation scheduled for the Body to consider. Council Member Remick advised he has had ongoing conversations with the VAF, Mayor Dyer had a meeting with VAF members, and several Council Members have had meetings with VAF members in their own capacity and believes the newspaper article insinuated a commitment was made. Council Member August 13, 2024 10 CITY COUNCIL LL4ISONREPORTS ITEM#75972 (Continued) Remick advised commitments cannot be made without the Body providing that direction and is hopeful the Body can work collaboratively and in a positive way, movingforward. Council Member Rouse asked if there is a new proposed timeline going forward and explained her understanding was of the urgency surrounding the animals. Council Member Rouse advised she understands the issue is the VAQ needs funding for maintenance and upgrades, which has not been figured out yet, and the animals still need to be cared for. If there is a pause, what is the timeline that ensures the Body's due diligence to care for the animals and keep the facility running? Council Member Rouse also asked, besides the Council Member,who else was involved in the meeting that got the Body to this decision? Mayor Dyer advised there were meetings with the VAF and expressed his appreciation to Council Member Rouse for explaining the immediacy of the situation. City Manager Duhaney advised in the meeting with VAF members; Dan Peterson, President and Buffy Barefoot, Treasurer, it was discussed if City Council can pause and work together to determine if the VAF can take more responsibility on thepoints covered in the joint statement, then staff will draft a Memorandum of Understanding (MOU) that will cover a timeline with deliverables and share that with the Body and VAF. Council Member Rouse requested to have the joint statement emailed to her. Council Member Taylor referred to the Body's presentation from June 4`h with what outcomes the$106,000 wouldprovide and stated the questions on what the right roles are forpotentialpartners and what the best operating model is have not been answered. Council Member Taylor also referred to the timeline from the same presentation and asked City Manager Duhaney if he has met with potential operating partners? City Manager Duhaney explained the Body provided direction to continue discussions with potential private sector partners while also having the two (2) City Council appointed Liaisons continuing to meet with the VAF to determine their concerns. City Manager Duhaney advised there have been meetings with the VAF two (2)firms and with the owners representative, which is a performance based contract, so the City has not spent$106,000, and has not completed the first phase. Council Member Taylor requested copies of the evaluations ofpartners with scorecards. City Manager Duhaney advised that was not completed as his staff did not get to that phase. Council Member Taylor referenced the "Next Steps"within the June 4'presentation,for the City and VAF baseline financial models to be finalized however, City Auditor Remias will not present to the Body until September 3'd,and he does not know how the Body can move forward without that information. Council Member Schulman advised there is a lot of interest in this very important asset and the Body has been given a narrative with dire consequences, so regardless of how the Body moves forward with either a third party operator or looking at the VAF to have more prominent role, a facility and financial analysis must be completed and should be done so posthaste to avoid irreparable deterioration of the facility. August 13, 2024 11 CITY COUNCIL LIAISON REPORTS ITEM#759 72 (Continued) Vice Mayor Wilson shared similar concerns as Council Member Rouse for the safety of the animals and advised the truth of the matter is that neither the City or the VAF knows the exact condition of the facility Vice Mayor Wilson advised that is what the joint statement addresses, completing the full assessment of the facility with repair costs and now there is an agreement for the VAF to provide theirfinancials so everything can be put together for the Body to make an informed decision. Vice Mayor Wilson advised the joint statement includes the VAF's agreement to amend their position to be a partner in the operation of the VAQ. Vice Mayor Wilson believes once the Body has a chance to read the joint statement, the Body will see the benefits and the public will be pleased with the VAF's involvement. Council Member Rouse expressed that she does not understand why the VAF has not provided their financial information already if this has been an issue since January 2023. Council Member Remick advised the VAF is audited annually. City Manager Duhaney explained that is true and they provide the necessary information but what is needed is the financial information on the full scope of operating costs for the exhibits and animals. Council Member Taylor expressed his concerns with the joint statement in that if the Body does not pause as requested, the VAF will not provide the necessary information. Mayor Dyer advised there were several roads the Body could have gone down and as this went along, barriers were found but with an agreement now, he is confident there is a successful path going forward. City Manager Duhaney asked for clarification, if he is to stop working with third parties for alternative partnerships and work with the VAF to evaluate their role in operations and financing, assess the financial and facility conditions and work collaboratively on funding sources. Council Member Rouse asked if both options can be done or if not, is it because the VAF's condition is that the Body can only move forward according to their terms? City Manager Duhaney advised the City is in a contractual partnership with the VAF and staff needs the VAF's financial ledger in order to get a clear picture of all of the information. Council Member Rouse expressed she is not comfortable with making the Body delay in decision making since the Body does not know what it is agreeing to and may discover it will not work and then the Body is starting all over again on a time sensitive issue that began last January. Mayor Dyer advised Dan Peterson will come before the Body soon and will answer questions and believes once he comes, it will provide the Body more clarity. Council Member Wooten asked if there will be any additional taxpayer costs and would like to have that information in order to help her make a decision. August 13, 2024 12 CITY CO UNCIL LIAISON REPORTS ITEM#759 72 (Continued) Council Member Schulman advised in any outcome, the financial information is needed and while it may lead to a pivot in the direction to take, this needs to move forward and supports the option for the City Manager to work with the VAF to gain the financial and facilities assessments. Council Member Taylor advised he does not support any pause and believes the Body should continue with the direction the Body agreed to during the June 4`h meeting. Mayor Dyer instructed the City Manager to move forward with gathering the internal information and fiscal ramifications. August 13, 2024 Council Liaison Update to City Council re: Aquarium Foundation Request Date: August 13, 2024 The City of Virginia Beach values 40 years of a great partnership with the Aquarium Foundation that will continue, which is why we want to update Council that the Aquarium Foundation has indicated a desire to explore the possibility of amending the partnership with the City where it takes on more of an operational and financial role in the day-to-day operation of the Aquarium and planning for its future in a way that provides budget certainty for taxpayers. To fully explore this possibility, we are asking Council to stop the alternative ownership model exercise with outside third parties. The intent moving forward would be City staff, Council liaisons and the Foundation working collaboratively on the following, which could be memorialized in a new memorandum of understanding: 1. Review the City's and Foundation's financial information to get a more accurate financial picture of the Virginia Aquarium's operation, and work to identify operational efficiencies for implementation 2. Conduct a comprehensive assessment of the VAQ facilities, including exhibits 3. Seek federal and state funding to support VAQ operations and/or capital needs 13 CITY COUNCIL LL41SON REPORTS ITEM#75973 (Continued) Council Member Henley advised the Transition Area/Interfacility Traffic Area (ITA) Citizens Advisory Committee has been working diligently with the Active Transportation Advisory Committee(ATAC), Open Space Advisory Committee(OSAC)and Green Ribbon Committee(GRC)to update the City Comprehensive Plan and looks forward to the Body receiving it shortly. August 13, 2024 14 CITY COUNCIL LL4ISON REPORTS ITEM#759 74 (Continued) Council Member Rouse advised the ATAC met yesterday and appreciates all of the work they do, not only for working on safe roadways in the City but also for the cross commission collaboration they do, particularly the Chair, Walter Camp. Council Member Rouse advised ATAC serves as a model and shared that they attended the Virginia Section,Institute of Transportation Engineers Annual Conference and spoke as experts on pedestrian, bicycle and road safety and tomorrow they will provide a presentation to Norfolk's equivalent transportation committee to provide the ATAC's framework August 13, 2024 15 CITY COUNCIL LIAISON REPORTS ITEM#759 75 (Continued) Council Member Rouse advised she has a few updates for the Public Library Board(PLB): - Libraries now have science lending kits for all ages, including adults, that can be checked out and taken home to classify data such as trees. Anyone interested can go to the front desk to ask about the Citizen Science Kit. - Libraries are offering homebound delivery services to residents who are unable to visit a library for at least six (6) months due to illness, injury or disability and can call (757)385-0185 or email outreach(&vb oov.com. - On August 1 e and 17`h, the Public Library Foundation will host a mini golffundraiser and has very family friendly prices for $2.00 per person or $10.00 per family. - On August 16`h, there will be a ribbon cutting ceremony for the Bookmobile at the Central Library. August 13, 2024 16 CITY COUNCIL LL4ISON REPORTS ITEM#75976 (Continued) Council Member Ross-Hammond provided the following Something in the Water(SITW)Festival updates: - The SITW Festival will be October 12th_13th - On October IOth there will be a movie premiere for Pharrell Williams', "Piece by Piece" - On October 11 th there will be a celebrity golf tournament at Red Wing Golf Course, the participant list has not been released - The Festival's line-up should be released in two(2)weeks - The current site plan has the South stage at 3rd street and the North stage at 8'street - The fence line will incorporate the boardwalk and possibly the bike path - A portion of Rudee Loop will be closed - There are no plans for transportation shuttles but ride share and drop off locations are being reviewed - There will be no events at the Oceanfront parks Council Member Taylor asked how the Hotel Association receive the SITW Festival dates before City Council? City Manager Duhaney advised the Hotel Association has their own staff who may have spoken to the SITW Festival organizers. Council Member Schulman advised he has heard concerns from members of his Jewish community that the SITW Festival is being planned during Yom Kippur which is the highest holy day in the Jewish religion and is the day ofatonementfor sins. Council Member Schulman advised the community leadership understands the dates of the Festival are not driven by the City and he understands the dates may fall in line with the movie release date and possibly other factors but there has been an opportunity for Jewish leaders to engage in some dialogue with the Festival organizers just for education and mutual respect. Council Member Schulman advised he wanted to make sure the public and members of the Jewish community understood the City did not determine the dates. Council Member Ross-Hammond suggested having a list of important holidays on the calendar so they can be considered during the initial planning process. August 13, 2024 17 CITY COUNCIL LIAISON REPORTS ITEM#75977 (Continued) Council Member Remick advised the Resort Advisory Commission (RAC) meets monthly as well as their sub-committees. Council Member Remick advised the Transportation, Parking, Pedestrian Committee (TPPC) is requesting the Body's support for a Request for Proposal (RFP)for Metro Transit. Council Member Remick advised the City has proposals from Hampton Roads Transit(IMT) and Freebie, but the TPPC feels it should be opened up for others to submit RFPs. Mayor Dyer asked City Manager Duhaney if the Body would be voting on this next week City Manager Duhaney advised prior to the Body's break, HRT provided a briefing for a micro transit program and the Body asked for an Ordinance to fund the program so he will just need to know fairly quickly if the Body wants to go in a different direction. Mayor Dyer asked the Body for input. Council Member Taylor advised he is also a Council Liaison to RAC and advised in the same letter, they also request to participate in preparing the RFP. Council Member Taylor read portions of the letter, attached hereto and made apart of the record, and advised it is staffs job to write the RFPs and not an advisory commission and does not support a deferral. Mayor Dyer advised the City Manager to move forward with the Ordinance to fund the micro transit program. Council Member Wooten advised she asked for information on July 9th about how beneficial the routes are for the City as a whole and has not received that information. City Manager Duhaney advised he believes some information was provided but some information would have to be provided by HRT. Council Member Remick advised the Freebie contract was extended through October 2024 in order to allow enough time for the Body to create an RFP and make decisions for next year whether the program is in the Resort Area or Citywide and asked the Body to consider deferring the Ordinance until that is answered. Council Member Remick advised there is also a proposal from Freebie and would like staff to provide information on all of the options. City Manager Duhaney advised if the Body would like to move forward with Freebie then it will have to go through the procurement process since it is a pilot program and has already been extended. City Manager Duhaney advised for the HRT proposal, it is time sensitive and if deferred, it is likely that HRT will only have the program in Newport News. Council Member Wooten advised she cannot make an informed decision until she receives the information she requested. Council Member Ross-Hammond advised she will be attending the HRT meeting tomorrow and asked to have Council Member Wooten's questions provided to her so she can discuss at the meeting. August 13, 2024 virgeainia bch Resort Advisory Commission August 1, 2024 Mayor and Members of City Council Municipal Center— Building 1 2401 Courthouse Drive Virginia Beach, VA 23456 Subject: Letter of Support for Issuance of Resort Area Microtransit Service Request for Proposals Mayor Dyer and Members of City Council: The Resort Area Mobility Plan (RAMP), adopted by the City Council on January 17, 2023, calls for enhanced shared mobility services in the Resort Area to improve circulation and reduce parking demand. One of the RAMP's key recommendations is a microtransit service that would provide on-demand point-to-point service throughout the Resort Area. In support of this recommendation, the City funded a two-year Resort Area pilot microtransit program and we appreciate your recent approval to fund extending the program through October. Ridership data shows that the program activated all the neighborhoods surrounding the oceanfront, as well as businesses west of Atlantic Avenue. This program provides an important alternative public transportation option for residents and visitors to conveniently access everything the Resort Area has to offer while reducing parking demand. It also provides a safe transportation option for Resort Area employees. The Resort Advisory Commission (RAC) and its Transportation, Parking, Pedestrian Committee request that the City initiate a procurement process to solicit proposals from a third-party operator for a turnkey point-to- point microtransit service in the Resort Area. Time is of the essence to have a microtransit program in place for next year's tourist season considering the pilot microtransit program ends in October and recognizing the time needed for the Request for Proposals (RFP) process. The RAC would like to have the opportunity to work with the city department designated to prepare the RFP and contribute to the development of the microtransit service operational requirements. Thank you for your consideration of our request regarding this important transportation matter. Please contact me either via phone (757) 235-0731 or via email billy(d)wplsite.com should you have questions or concerns. Sincerely, Billy Almond Chair, Resort Advisory Commission Cc: Patrick Duhaney, City Manager Nancy Helman, Director, Convention Visitor Bureau Lisa S. Bleakley, Resort Management Administrator Kathy Warren, Director, Planning Department 18 CITY COUNCIL DISCUSSION/INITIATIVES/COMMENTS ITEM#75978 5:23 P.M. Council Member Henley advised she has an issue that is timely and very costly and is due to the changes made by the Federal Highway Administration for some of the City's projects that have had an Environmental Impact Assessment(EIA) but now require an Environmental Impact Study (EIS). Council Member Henley advised this change causes a time delay as well as an increase of cost. Council Member Henley advised the Nimmo 7B project is one that required the assessment, which has been proceeding for years with a lot of data, it has been funded and is on track to begin within a couple of years. Council Member Henley explained the importance of the project,especially to the Sandbridge community and others who travel in that area, and now it is delayed with the cost increase is unknown. Council Member Henley provided the Elbow Road project as an example which is beginning this month will now cost$101.9-Million just for that road. Council Member Henley advised this change in requirements may spill over to other projects such as the New Bridge Road flood project and possibly the Pungo Ferry Road project and believes if so, the projects will not be able to move forward. Council Member Henley suggested reaching out for assistance from the City's federal and state delegations and asked City Manager Duhaney if he has any other information. City Manager Duhaney advised the Body was briefed on this during a Closed Discussion session and has reached out to the federal delegation and some have worked to lobby for additional funding but it is still the direction the City has received from the regulatory agencies. City Manager Duhaney explained part of the briefing included information on the legal ramifications and if the City pursued a lawsuit, the delay in court proceedings could cause longer delays and still require the EIS in the end. City Manager Duhaney advised during the briefing the Body suggested complying with the EIS requirement to avoid further delays and that information has been communicated with the City's federal partners. Council Member Henley advised the public needs to be aware of this as she is receiving calls from citizens who do not understand and expressed her concerns with the project costs increasing due to delays and inflation. Council Member Henley advised she will discuss this with the Sandbridge Civic League when she meets with them. August 13, 2024 19 AGENDA REVIEW SESSION ITEM#759 79 5:32 P.M. BY CONSENSUS, the following shall compose the Legislative 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 l rip-rap DISTRICT 3 3. Ordinance to DONATE to the Sheriff of Patrick County, Virginia re 5,000 grounds 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 repurchase 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 Sheri'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 August 13, 2024 20 AGENDA REVIEW SESSION ITEM#75979 (Continued) 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 repurchase 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 August 13, 2024 21 AGENDA REVIEW SESSION ITEM#75979 (Continued) BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA: M. PLANNING 1. GORDONR. CRENSHAW&HANNAHL CRENSHAWfor 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 M.PLANNING ITEM. ITEM#1 WILL BE CONSIDERED FOR DEFERRAL TO SEPTEMBER 17, 2024 City Council recessed at 5:34 P.M. August 13, 2024 22 FORMAL SESSION VIRGINIA BEACH CITY COUNCIL AUGUST 13, 2024 6:00 P.M. Mayor Dyer called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in City Council Chamber, City Hall, on Tuesday,August 13, 2024, at 6:00 P.M. Council Members Present: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None INVOCATION: Chaplin Keith E. Burke Virginia Beach Police Department—I st Precinct MOMENT OF SILENCE PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF"ERICA CITY COUNCIL DISCLOSURES: Vice Mayor Rosemary Wilson DISCLOSED that she is a real estate agent affiliated with Howard Hanna Real Estate Services ("Howard Hanna'), who's Oceanfront Office is located at 303 34h Street Suite 102, Virginia Beach, VA 23451. Because of the nature of realtor and real estate agent affiliation, the size of Howard Hanna, and the volume of transactions it handles in any given year,Howard Hanna has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act (the `Act'), it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual orpotential conflict. If, during her review of the agenda for any given meeting of the Council,she identifies a matter in which she has a 'personal interest," as defined in the Act, she will file the appropriate disclosure letter to be recorded in the official records of the City Council. Vice Mayor Wilson regularly makes this disclosure. Her letter of February 20, 2018 is hereby made part of the record. August 13, 2024 23 Council Member Remick DISCLOSED that he is employee of Colliers International Virginia, LLC, ("Colliers')which is a commercial real estate services company. Because of the size and nature of Colliers and the volume of transactions it handles in any given year, Colliers has an interest in numerous matters in which he is not personally involved and has no personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he participates in a matter before the City Council in which Colliers has an interest in the transaction and he has no personal knowledge of that interest. In order to ensure compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act (the "Act'), it is Council Member Remick's practice to thoroughly review the agenda for each meeting of the City Council to identify any matters in which he might have an actual or potential conflict. If, during review of the agenda for a Council meeting, he identifies a matter in which he has a `personal interest,"as defined by the Act, either individually or as an employee of Colliers, he will file the appropriate disclosure or abstention letter to be recorded in the official records of the City Council. August 13, 2024 24 ITEM— VI.G.1 MINUTES ITEM#75980 Upon motion by Council Member Rouse, seconded by Council Member Berlucchi, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of July 2,2024 Voting: 11 -0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond,Jennifer Rouse, Joashua F. `Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None August 13, 2024 25 ITEM— VI.G.2 MINUTES ITEM#75981 Upon motion by Council Member Rouse, seconded by Council Member Berlucchi, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of July 9,2024 Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond,Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None August 13, 2024 26 ITEM— VI.H.1 MAYOR'S PRESENTATIONS ITEM#75982 RESOLUTION PLAZA LITTLE LEAGUE 60'hANNIVERSARY On behalf of Mayor Dyer, Council Member Berlucchi welcomed Chris Atkinson and Eddy Hendricks and read the Resolution recognizing the 0" Anniversary of the Plaza Little League and reaffirming City Council's support of Plaza Little League's mission to teach youth life lessons that build stronger individuals and communities through the sports of baseball and softball. Council Member Berlucchi expressed his appreciation to Mr.Atkinson and Mr.Hendricks for their sportsmanship and many contributions they have made to the City and District 3 over the years. August 13, 2024 4yI Lk-B U r Op OUR NA"I" I?HOL=ON 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 VIRGINIA 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.Berlucchi Council Member Barbara M.I- ey P—un11Member David H tcheson Council Member Robert W. "Worth" Council Member Dr.Amelia Ross- unc Member Jennifer V.Rouse Remick Hammond Council Member Joashua F.Schulman Council Memb Chris Taylor ounc: ember Sabrina D. Wooten Vice Mayor osemary Wilson Mayor Robert ob "Dyer 27 ITEM— VI.K2 MAYOR'S PRESENTATIONS ITEM#75983 PROCLAMATION PLAZA LITTLE LEAGUE MAJOR GIRLS SOFTBALL TEAM DAY On behalf of Mayor Dyer, Council Member Berlucchi welcomed the coaches and players of the Plaza Little League softball team and read the Proclamation declaring August 13, 2024 as, "PLAZA LITTLE LEAGUEMAJOR GIRLS SOFTBALL TEAMDAY". Council Member Berlucchi called upon all citizens to recognize the players and volunteer coaches of the Plaza Little League Major Girls Softball team on their District 8 Championship and Virginia State Tournament berth, as well as for being positive representatives of their community and the City. August 13, 2024 Ut s OF OUR NA'n0 '4td+enas: Plaza Little League was founded in 1964 to provide a youth baseball program for children living in the TP incessAnne Plaza andsurrounding neigh6orhoods, adding the sport of soft6affin 1994 to serve additionalchildren;and Ufxrras, Plaza Little League(as every Little League throughout the world)is an organization made up sofety of volunteers;and '6tdiereas: 2024 is Pfaza Little League's 60th year of operation,serving hundreds of children annuafxy through its dedwi atedefforts, and R fwras, Tfaza participates in Virginia District 8, which covers Virginia Beach,Norfofi,and the Eastern Shore,and was The Plaza Little League 9Kajor Girls SoftbatTAffStar team won the feague's first District 8 Championship in any age group since 2015,and %Awreas: gffw Plaza Little League Major Girls SoftbaffAfZStar team won the league's first WajorSoftbaffDistrict 8 Championship in 25 years,quaCtfying for the Virginia State Little League tournament. Now,q&mfiore 1,Wgbert 9K. Bo66y"Dyer,Mayor of the City of Virginia Beach,Virginia,do hereby proclaim: ( AZA LIgTL E LMGVE MA, ORGIW SOFT ALG TEAM O,A`Z' In Tirgaaa Beach, I caQ upon the citizens to recognize the players and volunteer coaches of the Plaza Little League 941ajor Girls Soft6aCf team on their District 8 Championship and lirginia State Tournament berth, as weltas for being positive representatives of their community and the city. In 'W'itness Ufwrwf, I have hereunto set my hand and caused the Official'Seat of the City of Virginia Beach, Virginia, to be affixed this Thirteenth Day ofAugust, Two gTiousand andTwenty- Tour. 1-21 Robert 941. "Bo66y'Dyer 9dayor .B o et Gp OUR NA�Ot�'IhIodr(Mation 411"M= There are over 61 miffwn adults with dua6i&ties Caring in communities throughout the Vnited States,andover1.6 mi&n adults with dua6ifities reside in Virginia;andover49 thousandadutts with disa6ifities five in the City of l irginia Beach;and %*ffeas:• Over38 miTwn Americans with dua6ifities are eligible voters;and 'Wl OR= the d446i6ty community has a criticalinterest in policies anddedrions made 4ndenactedat laca4 state andnationallavels that impact our&w direct(;•and %fe mx Noting is one sure way for the diaa&&y community to have a say in the people and policies that impact their communities;and MMMU W akM sure people with dua6t&w have access to voting is essential if these policies are to meet the real needs of people with duaMties in our communities,•and '4t*iereax WXV VT Virginia,which stands for'fgisterl Educate vote!Vse your(Powerl'is the statewide effort to build the voting power of duabfed 1,r inians;and "*am Members of the nationaldua6ifity rights community are organizing the 8+6 annual(Disa6iCity Voting fghtsWeekSeptem6er9'A to 13th 2024;and SMFenac UV VP Virginia is planning events across the Commonwea&h to celebrate Usa6iftty Noting ftfits. Now,9fia#ba I,9egbert 9W. Bob6y'Dyer,wayor of the City of Virginia Beach,Virginia,do here6y proclaim: Disa6iCsty doting 'ghts Week in l irginia Beach. In'*Sfi-sia Orw*I call upon the citizens and members within government agencies,pu64c and p►ivate institutions, businesses,andschools in Virginia Beach to also be'neigh6ors helping neighbors'during elections for the benefit and betterment of the community so that future generations can appreciate andfurther upfift our 6e&ved oty of Virginia Beach. In 'Witxw 'WI�Of, I have hereunto set my hand and caused the Official Seal of the City of Virginia Beach, Virginia,to be affixed this thirteenth Day ofAugus4 Two Thousand andTwenty-Tour. Rgbert 91f. 'Bobby',Dyer Mayor 28 ITEM— VI.H.3 MAYOR'S PRESENTATIONS ITEM#75984 PROCLAMATION DISABILITY VOTING RIGHTS WEEK IN VIRGINIA BEACH Mayor Dyer welcomed Mary Mathena and Laura Nelson and read the Proclamation declaring the week of September 9—13, 2024 as, "DISABILITY VOTING RIGHTS WEEK IN VIRGINLI BEACH". Mayor Dyer called upon all citizens and members within government agencies, public and private 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 future generations can appreciate and further uplift our beloved City of Virginia Beach. Ms.Mathena expressed her appreciation to City Council for their continued support and this recognition. August 13, 2024 4 tow 0 yak' -�ir�,3•����r;: ��rr �'fS Of- OUR NATO 0f. `d 'Pr o dacmracttiott 'Whereas Volunteerism is one of the 6ac!¢ones in 6uififting strong communities within locafgovernment and the Mayor's Committee forVeterans is made up of volunteers who support Virginia Beach,-and Wherear In 1988,the Mayor's Committee for Veterans was formed by a group of military veterans and community leaders to carry out the vision of Biff-Valstai�a disabled veteran,of erecting a Veterans memoriafin the City ofVs'rginia Beach-and 4Vhereax Vruler the past leadership of chairs UW ffi tm Myers and Charles Montgomery,and the current feadership of ChairVirgd5fart,the Mayor's Committeefor Veterans is tasWwith planning and producing the annuaf%emoriafDay Ceremony,which features fryovers,21 gun salute,rearing of honored veteran names and remarks from drstinguishedguests,•and U*er=. qhe Mayor's Committee forVeterans members also manage the memortafpaver progmm focatedat The dam L. 'Bidy"Myers Sr.'Veterans Memorial Bark which features memonad brickpaver stones inscri6ed with the names of individuals who have served in aQ•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 wilfforever be honoredfor their sacrifices. Now,lherefmr 1,Robert M. 'Bobby'Dyer;Mayor of the City of Virginia Beach,'"rginia,do here6y proclaim: August 13, 2024 .Mayor's Committee for Veterans (Day In'G'irginia Baaeh and I urge ad citizens to egress 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 'Witness lf*e eaf, I have hereunto set my hand and caused the Offwiaf Seal of the City of Virginia Beach, Virginia, to be affcrLed this 2Tiirteenth Day of August,Two ThousandandTwenty-Four. 4 1 Rp6ert M. Bo66y'Dyer Mayor 29 ITEM— VI.H.4 MAYOR'S PRESENTATIONS ITEM#75985 PROCLAMATION MAYOR'S COMMITTEE FOR VETERAN'S DAY Mayor Dyer welcomed Virgil Hart,Ralph Seutter, Tom Holston,Jason Kmet,Louis Hubbard,Roger Durity, Joseph Mahachek,Stuart Grimes-Myers, Charles Montgomery,Jo Ann Harkins and Barbara Morrison and read the Proclamation declaring August 13, 2024 as, "MAYOR'S COMMITTEE FOR VETERAN'S DAY" in recognition of the Committee's commitment to plan and produce the annual Memorial Day Ceremony and management of the Memorial Paver Program. Mayor Dyer urged all citizens to express great appreciation and gratitude for the Committee's dedication to honoring Veterans on behalf of the City and its military community. Mr. Hart expressed his appreciation to City Council for their continued support and this recognition. August 13, 2024 30 ITEM— VI LI BID OPENING ITEM#75986 Mayor Dyer DECLARED A BID OPENING: NON-EXCLUSIVE FRANCHISE AGREEMENT FOR USE OF CITY RIGHTS-OF-WAY Metro Fibernet, LLC Mayor Dyer read into the record: "Pursuant to Virginia Code Section 15.2-2102, 1 will now summarize the bids that have been received for the proposed non-exclusive franchise agreement for the purpose of constructing, installing, and maintaining facilities for telecommunications services within the City's streets and public rights-of-way. One bid has been received, as follows: Metro Fibernet,LLC has bid: - 10 year term with automatic renewal option for up to 3 additional 10 year terms,for a maximum of forty (40)years. Are there any other persons desiring to submit a bid at this time? There being no further bids, the bidding is closed. City staff has evaluated the bids received and recommends that Metro Fibernet be awarded a non-exclusive franchise agreement. We will now open a Public Hearing for the proposed non-exclusive franchise agreement for constructing, installing, and maintaining facilities for telecommunications services within the City's streets and public rights-of-way." August 13, 2024 3/ ITEM— VI.J.1 PUBLIC HEARINGS ITEM#75987 Mayor Dyer DECLARED a PUBLIC HEARING: NON-EXCL USIVE FRANCHISE AGREEMENT Metro Fibernet, LLC There being no speakers,Mayor Dyer CLOSED the PUBLIC HEARING August 13, 2024 32 ITEM— VI.J.2 PUBLIC HEARINGS ITEM#75988 Mayor Dyer DECLARED a PUBLIC HEARING: PROPOSED ORDINANCE TO AMEND CITY CODE SECTION 5-401 Animal Impoundment Fees There being no speakers,Mayor Dyer CLOSED the PUBLIC HEARING August 13, 2024 33 ITEM— VI.J.3 PUBLIC HEARINGS ITEM#75989 Mayor Dyer DECLARED a PUBLIC HEARING: ACQUISITION, BYAGREEMENT OR CONDEMNATION Shore Drive Corridor Improvements—Phase III Project, CIP 100381 (formerly CIP 2-117) (the "Project') There being no speakers,Mayor Dyer CLOSED the PUBLIC HEARING August 13, 2024 34 ITEM— VLK FORMAL SESSION AGENDA ITEM#75990 Mayor Dyer read the Speaker Policy and advised for items where only one(1)speaker is registered, the City Clerk will call the speaker and they will be given a total of six(6) minutes to speak on all items. The City Clerk called the following speaker: Noah Moreland, 1209 Riviera Drive, Phone: 778-1892, spoke in SUPPORT of Ordinance L.14 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council APPROVED,BY CONSENT,Agenda Items Ordinances/Resolutions L:1,2,3,4, 5, 6, 7,8,9,10,11,12, 13, 14 and 15 and Planning Item M. 1 (DEFERRED TO SEPTEMBER 17,2024) Voting: 11 -0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None August 13, 2024 35 ITEM— VI.L I ORDINANCESIRESOL UTIONS ITEM#75991 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED,BY CONSENT,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 Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. `Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None August 13, 2024 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF CITY-OWNED 6 PROPERTY KNOWN AS 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 rearof 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 13 th 56 day of August , 2024. CA16488 R-1 Prepared: 7/10/24 APPROVED AS TO C ENT: APPROVED AS TO LEGAL SU CIENCY AND FORM: PUBLI O S / REAL ESTATE DANA R. HARMEYER DEPUTY CITY ATTORNEY a PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this day of c- y 2024 by 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 OFV�q� tOt CITY/COUNTY OF� oj to-wit: The foregoing instrument was acknowledged before me this t�ay of U' 2024, by Rita Sweet Bellitto, f/k/a Rita G. Sweet and Robert A. Bellitto, wife and husband. QMLA;�, �, � (SEAL) Nota P blic ASHL EY RENEE IANECHEK Notary Registration Number 9119 0qTjr7 NOTARY PUBLIC REG. *7770977 My Commission Expires: COMMONWEALTH O v MY COMMISSION EXPIRES 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 f_E112 NOW OR FORMERLY W FLOOD CITY OF VIRGINIA, IBEACH 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 WITH A 3'x 12' N N GANGWAY N 32.9'—�-{ PROPOSED(4) Q, N 79'26'00'E PILE ALUMINUM �+ 5 0' 100.00' BOATUFT t° PIER DETAIL 1"=30' b 4.3' 1.2' 13' PROPOSED 98 LF OF 14' VINYL BULKHEAD WITH a' 21 a 12 o A 6'& 10'RETURN WALL v+ 0 0 0 16 LOT 86 c + NOW OR FORMERLY LOT 87 - I NOW OR FORMERLY I r" - 5� NICHOLAS&HELEN DIVARIS ROBERT A.&RITA S.BEWTTO REVOCABLE TRUST GPIN:2433-34-3152 LOT 88 GPIN:2433-34-2150 I INST.-202203023560 I NOW OR FORMERLY INST:2005072701 16574 M.B.67,PG.45 MICHAEL A.&HELEN D.SNYDER M.B.67, PG.45 GPIN:2433-34-4145 o -- INST:20170626000537810 a o m M.B. 67,PG.45 0 5'EASEMENT ALONG Z EACH LOT LINE GRANTED o �t p L T H p.,,t, TO CITY OF VB FOR DRAINAGE AND UTILITIES IM.B.67 P.45) o� Z oo•vim— " SEAN E. GREEN a SAND BEND ROAD 684'TO ROCK�\ .0Uc. No. 0402 64005 50'RIGHT-OF-WAY LANE M.B. 67, PG.45 f s -2 1-2 4�G\ 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. ONAL 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 M.B. 67, PG.45 1ANUARY 22, 2024 ©2024 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED SHEET 1 OF 2 BELLITTO ENCROACHMENT EXHIBIT PROPOSED BOAT LIFT CROSS SECTION j MOUNTING OPTIONS: CASU ROUTING: PILING MOUNT SIDE MOUNT SINGLE PULL DOUBLE PULL TRIPLE PULL 5K-24K LIFTS SK-16K LIFTS 5K-7K LIFTS 1 OK-16K UFTS 2DK-24K A uRS E A D D D B1 • � F I i I MOIAQ HNONA/P yC x C lAIi2XI?St LONG WIT RlIC.W zl°�i a - 1 1 I AI?3S1E1INU1 Him B NOTE:LOAD SNOOD BE EVMY j _ - L. -Ilk 0 Of GRAVITY DWJEM*l IN THE CENM Of UFM SEAMS AS SHOWN N TIE LUMAT10N �9 it (A) 1B1 201i TOP BEAM I A► CRADLE BEAM BUNKSCABLE SIZE I D) D H.P.MOTOR I F I SHAFT MINIMUM T PILING (RII DRIVE (SIZE a CITY.) PILING BOAT LIlT PILING sA00 11. s•CHANNEL x 12'6' 4'%6'X 10' 5/16'S5 7p9 3/4 H.P.(QTY.2) — 22OV 49A EACH 7A00 Ll 6•CHANNEL X 12'6' 4•X 61 X 1216, (31 PLAN 220V 6J EACH FOIJR�Tt STERN PLING T P0DARD STAIIBOARD 314 M.P.(CITY.21 B'IQTY.4) IOlrlsoEi) 10A00 LL p CHANNEL220V 49A fACM s i3Opp LE 10 FT 7'CHANNEL X 12'6' S'%B'X 12'6' S/16'SS 7/19 � � 7 000� 13AD0 La. (313)DOUBLE c PULL 1 Hp,(QTY.2) 1iA00 LL B'CHANNEL X 12'6• 6'%10'X 14' 3 220V 6AA EACH L' 'CAN L' 12 FT 6 IN 12 FT 6 IN 'JAM LB. 20A00 ILL 6'X 10•X iS' 3/4 H.P.(QTY.2) 5/16'SS 7/19 220V 49A EACH 10•(QTY.4) 3iA00 LB. 9'CHANNEL X 14'6' 6 (313)TRIPPLE 14 FT 24AN LB. 7'X 12'X 16' PULL 1 H.P.14TY.2) AN LE IS FT 220V 6AA EACH 24A00 LE 14 FT 6 IN 16 FT TITLE: PIC 6Qp 12s 1116 ON oI LY.I6E OF THIS SPfCFICAMON LY CONTRACTOR.s1.O. 5K-24K 4 POLE BOAT LIFT FAX'1St747 " LSAMHAgAMrmENGP FOR ALL COST&AAMAGES TEIEIAMmzw LLC•AL I=L APPBUTE PIES AL vmw MOM MATaV P.O.KA 11 Is AY TIOK SYSIFM 6I[C—L CONST-CTION PRACDM REY'OND ENGINEERING SHEET SHOWI'LLHc�°° IWHK>i5CAUEDF°""'LOCAL VATE•PEDOWCOM&PORA, ,ala OF THIS PLAN.DECHn AS OORBHY PROVOED N HINW NO �[ L T FI 0, Au W NOI�RI'A AI D RON OR AFFOALA1K M ARE wvENDED. ` SIZE DWG. NO. aCK INC.K43 NDT VWED THIS.IDI WE INFORMATION CONT IS WW ON COMRAC'TOR U PFU D DATA AND MEASUREMWM 1 .a uw --RNEOW OR INACCURATE DATA PO UJ�IAm.woRK IN SHAE A ENGINEERING ,• v0 ""TOcopmuc"tPAUWacmPCswUGIVELE,IVIn r'w"o�"' .ana Fs�waTOI v+� ANT CAN COROInUNRY 10 NPRI RTOOURWORK00N L16COVR /f SCAM AS IIo® 2b1 SHEET I OF I »��•�'� ANt NACCUTATE NFORM:ADO PRIOR TO MOOPTCJ17gN Of EASING � V� NAMEMAL— OF E. 08REEEEN Lic. No. 0402 64005 .�fss' N A l ENG\ PROPOSED IMPROVEMENTS EXHIBIT'A'-ENCROACHMENT REQUEST FOR A PROPOSED TIMBER PIER, (4)TIMBER PILE ALUMINUM BOA TLIFT, ALUMINUM GANGWAY, TIMBER FLOATING PIER,AND 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 Q2024 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED SHEET 2 OF 2 BELLITTO ENCROACHMENT EXHIBIT IVBASS INLET SANDBRIDGE SHORES BASS INLET --EBB NOW OR FORMERLY FLOOD CITY OF VIRGINIA BEACH GPIN:2433-33-0267 I" 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 :1 0) WITH A 3'x 12' N N GANGWAY N 32.9'� PROPOSED(4) a, 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 n, 21' 14 VINYL BULKHEAD WITH a 12' ;r A 6'& 10'RETURN WALL 16' "^ o o .o w . . r, ` LOT 86 LOT 87 0 NOW OR FORMERLY I NOW OR FORMERLY NICHOLAS&HELEN DIVARIS ROBERT A.&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 mo M.B.67,PG.45 0 5'EASEMENT ALONG EACH LOT LINE GRANTED p L T H Of. Z TO CITY OF VB FOR DRAINAGE AND UTILITIES (M.B.67 P.45) O oo'ate— " SEAN E. GREEN SAND BEND ROAD 684'TO ROCK�\ AUc. No. 0402 64005 50'RIGHT-OF-WAY LANE M.B. 67, PG. 45 FS -2 1-2 LNG\ 1. THIS PLAN WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT. J/ONAL 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: CARE ROUTING: a Z. PILING MOUNT SIDE MOUNT SINGLE PULL DOUBLE PULL TRIPLE PULL 5K-24K LIFTS 5K-16K LIFTS 5K-7K LIFTS 1 OK-16K LIFTS 20K-24K - LIFTS E A D D D B1 • F 1 Ma►B HAIDHARE Sff X IAII2XSrl'3SLAOBOLT UCDR at ss 7 MN.ItNGM HEX BOLT W7 LOGES AND t1Dll?a HEXHUT NUTS _i B NOTE:LOAD SHOULD BE EVENLY DISTRIBUTED BY POSRXX04G THE CENTER • 'a OF GRAVITY Y IN THE CENTER OF THE UFTNC BEAMSASSHOWN IN THE ILLUSTRATION r IA)4L lRyl 6 T LFT SPEgMM DN JIHIE (e) CRADLE BEAM BLINKS I DRIVE DRIVE ""MUM 2016 TOP BEAM(A) (B) (C) CABLE SIZE(D) I E) H.P.MOTOR 1 F) SHAFT PILING 5,000 LB. S'CHANNEL%12 6" 4"X 6'X 10' 5/16'SS 7/19 3/4 H.P.(QTY.2) (SIZE 6 QTY.) 4 PIUNG BOAT LIFT PILING SPACING I20V 49A EACH NOW(313)SINGLE FOUR PING N) � S�)ARBOARD 7A00 LB 6"CHANNEL%12'6' 4"X 6'X 12'6" PULL L� T 1 H.P.(QTY.2) 220V 6BA EACH (OVISDES) �cocnmsl 10,000 LB. 0 3/4 M.P.(QTY.2) 6"(QTY.4) S,000 LB. 7'CHANNEL X 12'6' S'%B'X 12'6' 5/16'SS 7/19 220V 43A EACH g 10 FT 13ADO LB. (313)DOUBLE PULL ,��� 1 H.P.(QTY.2) ac 220V6BAEACH 12F'T6IN 12Ff6IN 16,000 ILL8'CHANNEL X 12'6" 6'%30"X 14' is13,000 LB. 3/4 H.P.(QTY.2) 20ADO LB 6'X 30"X 15' 5/16'SS 7/19 220V 49A EACH 10'(QTY.4) 16.000 LB. 14 FT 9"CHANNEL 14'6" (.313)TRIPPLE 1 H.P.(QTY.2) ii•�L' 15 FT 24AD00 lA 7"X 12"X 16' PULL 14 FT 6 IN 220V 6BA EACH 24,000 I.B. SoEbAi I 16 FT TITLE: AFFOM(ED HMOR1:800325.1 t 16FarOF THE S �Tp�YB CONoR e�i.�aN E!lGNI�$SEAL SE 5K-24K 4 POLE BOAT LIFE FA%ssz-IonaSAV6HARAYBSTIRENGR4ERTORALLCOSTaDAMAGES ,KXTAA4ER.COM LEZE ALEM B APPELIAIE fEg RESULIRNG PROM MATERIAL P.O.BOX 1118 ON SYSTEM ERECTION i CONSTRUCTION PRACTICES BEYOND ENGINEERING SHEET SNOW WILL Nc2BSB0MBCMIELAN.EXFOR PT AS EX RI!SSL TPROVI EDIN1I►I.N _a�T HFd OF THE►LAHL EKCFPf AS E1�Rl3tlr nrovIDED N/B:E.I.NOAINIM ,�,�A,0iION(URATTiRMATIONS ARE NTENDED. 14 C.IIAS NQT V6R®THS JOB SffE NPORMAIKUN CCUNfSIZE DWG. NO. REV ASEDONCONTRACTOR SUPPLE DATA AND MEASUREMENTS.NC.SHALL NOT BE HELD RESPONSIBLE OR LIABLE N ANY WAYAENGINEERING "° '°'"°�'"" �OR��ATEDATAORMEASUREMERS.WORKSMALLD PRIOR TO CONSTRUC TION.PAIL WELCH.INC.SHALL BE NOTEDN AN OPPORTUMY TO REEVALUATE OUR WORK UPON DISCOVER SCALE ASNUM I2SHETT 1 OF 1 ACCURATE INFORMATION PRIOR TO MODIFICATION OF EXISTING ! / CONDITIONS AND FABRICATION AM OF MATERIALS. y JILAN E. GREEN Lic. No. 0402 64005 F 6-21-24 SSIONAL ECG PROPOSED IMPROVEMENTS EXHIBIT'A'-ENCROACHMENT REQUEST FOR A PROPOSED TIMBER PIER, (4) TIMBER PILE ALUMINUM BOATLIFT, 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 36 ITEM— VI.L.2 ORDINANCESIRESOL UTIONS ITEM#75992 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED, BY CONSENT, 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 Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond,Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None August 13, 2024 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 13th 52 day of August , 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: P 13L-It WORKS REAL ESTATE ARMEYER DEPUTY CITY ATTORNEY CA16565 R-2 Prepared: 07/24/2024 llvbgov.comldfslla pplicationslcitylawlcycom321wpdocs1d0251p044100981654.doc 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 q;?�Aday of / 2024, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and HEADGEAR 11, 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) 15', 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 `�_T—., — (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) otary Public O�'P G My Notary Registration Number: 8086892 �` `�s��'' My Commission Expires: 10/-11 2027 '4auuuNV APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM -A h Gj'Ek I P BL C ORK --REAL ESTATE QN . HARMEYER DEPUTYCITY ATTORNEY 8 N/I' LSHWARG LLC CIVIL ENGINEERING AND A67/20209924WO&V410 CONSIRUCI ION SERVICES Q99V 1495-06-6M PARM 8-4 LLJ_ (A/6t 251<, PM 4-9) F526PGRFIENWICH ROAD.SIRTF 3cxlNo Ci A BLACI I,VIRGINIA 2JW 0" // LLC 1757) HEiI 777-9211 AST./2017OB02000"10 PAiU Z 42?185 o SEE SHEET 3 FOR EASEMENT CALLOUTS, ZB 1� P� '�- L8 L9 RIGHT-OF-WAY AND BOUNDARY CALLOUTS uj N 3 (UNE TABLE AND CURVE TABLE) 2 \ 93 '�Iv 5 0� H OF Y.t c� ►v" HEADGEAR A,, LLC 4 AST./X 170&v W5J010 0 ro ROBERT W.8A 6RN 1495-05-62J8 I c& LlC NO.37087 PARM 428 I Q Z-4 'gyp 06-24-2024 (M..8 152, MS. 32-JJ) w ♦ 4 ONAL � cook 6 N/F 6 \\\ �-� HE A LLC c /MST./201101080001023880 GP/N 14A5-15-1289 PARM A 8 /MST./20110105000021080 1 �, 9 oN 10 EXHIBIT "A" / y \ SHOWING �A) ENCROACHMENT OF STORM SEWER SYSTEM, ROADWAY, UTILITIES, AND ACCESS PATH INTO THE e� PUBLIC DRAINAGE EASEMENT FOR HEADGEAR II, LLC Nlf' GPINS 1495-05-6238 AND 1495-15-1289 fRLE" aODURO s LLC VIRGINIA BEACH, VIRGINIA A 57./20160918GM30210 " , N 6RV 14Z-15-5131 SCALE: 1 =200 APRIL 16, 2024 G.H.S. A,, LC P'54 A SHEET 2 OF 9 (MT/201 10111 0=23880) �� 54 PC, ' ) 200 100 0 200 400 GPN 1495-&-7561 PARM B scale feet (AST.f 2011010 " 210M) 22227 EMxoochm�nt NE�ddblb 0 EASEMENTS: 1. 15' PUBLIC DRAINAGE EASEMENT (D.B. 2536, PG. 121C) (D.B. 2566, PG. 2083) 2. 70' PUBLIC DRAINAGE EASEMENT (D.8 2558, PGS. 540 & 541) (D.B. 2581, PG. 1545) 3. 8' AND VARIABLE WIDTH PUBLIC PEDESTRIAN ACCESS EASEMENT (INST.�f 202403024614) 4. 20' PUBLIC DRAINAGE EASEMENT (D.8 2558, PGS. 541 & 542) (D.8 2581, PG 1545) 5. PUBLIC UTILITY EASEMENT (INSTI 202403024615) 6. VARIABLE WIDTH PUBLIC DRAINAGE EASEMENT (INSTI 202403024613) 7. 30' PUBLIC DRAINAGE EASEMENT (MR. 67, PG. 47) 8. 15' PUBLIC DRAINAGE EASEMENT (D.B. 2558, PG. 540) (D.B. 2581, PG 1545) 9. VARIABLE WIDTH PUBLIC DRAINAGE EASEMENT (M.8 218, PGS. 98-99) (D.B. 3058, PG. 1504) 10. 30' PUBLIC DRAINAGE EASEMENT (M.8 67, PG. 47) (M.B. 106, PG: 54) 11. 10' PUBLIC DRAINAGE EASEMENT (ME 67, PG. 47) Curve Table Curve Length Radius Deno Chord Bearing I Chord-j Tangent C1 111.47' 1705.74' 3'44'39' N 12'25'07" W 111.45' 55.75' 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' / r L4 N 45'02'33' W 393.18' L5 N 44 57'26' E 1036.91' ROBERT W SA L6 S 11'09*48" E 77.28' Lie. No. 37087 06-24-2024 L7 S 9*21'51' E 516.60' L8 N 10'32'47" W 321.74' �SSIORAL L9 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 ENGINEERING AND HEADGEAR 11, LLC CONS IR(JCI ION SERVICES GPINS 1495-05-6238 AND 1495-15-1289 1 LE VIRGINIA BEACH, VIRGINIA APRIL 16, 2024 S�h7 GRFFNWICH ROAD,St ITF 30� VIRGINIA BLACH. VIRCINIA 23962 SHEET 3 OF 9 175/)777-9211 22227 Em ooaw w A 0 ENCROACHMENTS: , TH OF 1. PROPOSED OUTFALL PIPE (56' OF 18" RCP 0 Dj 0.30% SLOPE WITH RIP-RAP OUTLET PROTECTION, OUTFALL INVERT=3.69' N U ROBERT W.SA H /l LLC A57/20170=0u WIO ..0 Lie. No.37 &ON 2285 / o '�p�06-24-2024 ' (wa 152, Pr S 32-M) s c� ti SIGNAL \ z O L106 L102LLI 1 0 N v w N/f L104 \� $ �O z HEADiGEAIP ll, LLC °per LLLJ AJ INSTI 2017080200085J0f0 PAR 8 (M..B. 152, PM 32-33) ri ri u ** L101 IS THE TIE DISTANCE FROM THE NORTHEAST CORNER OF Lane Table PARCEL 428 TO THE BEGINNING OF ENCROACHMENT AREA 1 Line # 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 L104 N 3626'43" W 4.41' INTO THE L105 N 24.38'48" W 16.89' PUBLIC DRAINAGE EASEMENT L106 N 43'20'16" E 1 52.81' FOR HEADGEAR II, LLC GPINS 1495-05-6238 AND 1495-15-1289 VIRGINIA BEACH, VIRGINIA ;CONS'1'R[JC1 GINLCRING AND SCALE: 1 "=100' APRIL 16, 2024 ION KRVICr,� SHEET 4 OF 9 100 50 0 100 200 52.67 GRU.NWICH ROAD,S(RTF 300 VIRGINIA BCACIL VIRGINIA 2.3462 Scale feet 17571 777-9211 2=7 Dwroodr w t EI ENCROACHMENTS: 2. PROPOSED BOX CULVERT (LENGTH=60', WIDTH=11', i�'TH OF HEIGHT=10') WITH ENDWALLS. UPSTREAM INVERT=(-)1.00, DOWNSTREAM INVERT=(-)1.20. / r SEE DETAIL BY OTHERS (SHEET 6 OF 9) 3. PROPOSED PRIVATE ROAD FOR INGRESS/EGRESS. U ROBERT W.8A WIDTH=36' (FACE OF CURB TO FACE OF CURB) ® LJO No N LLC / �O�06-24-2024 AUrZ f 2a X,"10 \ / o �ssIONAL �1 r d o \ N V) o 0 Z AEJB" LL LLC W Cn UIrII 17w-w-ufJO r�l 2 3 L202 **1L201 ** L201 IS THE TIE DISTANCE FROM THE SOUTHEAST CORNER OF Line Table PARCEL 428 TO THE BEGINNING OF ENCROACHMENT AREA # 2 Una # Bearing Distance L201 S 83.51'31• W 119.79' EXHIBIT "A" L202 N 89*11'39` W 72.20' SHOWING L203 N 13'22'33• W 80.58' ENCROACHMENT OF STORM SEWER SYSTEM, ROADWAY, UTILITIES, AND ACCESS PATH L2o4 N 53'33'17• E 70.00' INTO THE L2o5 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 ENG1NL•ERINC; AN SCALE: 1"=100' APRIL 16 2024 CONSI'RUC110N SERVICES SHEET 5 OF 9 100 50 0 100 200 5267 GRUNWTCTI ROAD.STITTF 300 VIRGINIA BTACI1,VIRGINIA 23462 scale feet 17571 T 7-9211 22227 Encroac rnwit 60'-4%"O.A. w/Fit-up (8)PC @ 6'-0'STD 6-0. let Ou t r---- ------ ----- ------ ------ ------- -------- I 1 1 120° 1 Flow i i i i i i I TYp Inlet end ' n I I I (� l7 I I I r) Lav -Tc O i Outlet en I I i 1 I I I ' i Backside of Vertical Joint between Wing Walls and Box Culvert, �W to be sealed In field by others with approved material. 1y Ty Parapet Plan View Parapet 7'-6" Ty Typ --------------- irIiI---'-------- --------- --------- --------- LIii--------- Iii -------- ---------- --10'Ir-0 " Rise ------ ----- ------ ------ ------ ----- ------ ]nv. ( )1.00 Grade Beam Elevation View Grade Beam Inv. (wingwalls removed for clarity) (-)1.20 12'-4" O.A. —II r 10" 1'-0"Parapet I IL 10'-0" 12'-8" 5'-2" 2'-6"Invert TV-8"Grade Beam End Section Configuration CP&P Designation 1. 1. See component details for material properties. 1101OV05BClS 2. Box culvert components fabricated in accordance with ASTM C1577 for AASHTO LAFD 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'x1'dosed cell neoprene,and CS212 for the vertical joints. S. The exposure of longltudinals,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 locations.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 CP&P 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: 158907 1 Str: 11x10 Dw : ME SHEET 6 OF 9 22227 Enwaachmerit Ettftlblt. El ENCROACHMENTS: H // LLC 4. 72' OF 30- RCP (DOUBLE) 0 0.30% ,S57/JV17&V?GWZX10 SLOPE WITH VDOT JB-1 STRUCTURE aW 140-05-6?W / 5. 80' OF 30` RCP (DOUBLE) 0 0.30% AQW 428 SLOPE *8 152, p6s 32 M) 6. PROPOSED ACCESS PATH FOR WET 7 / POND, SEE DETAIL - SHEET 8 7. PROPOSED 10- WATER MAIN (PVC 6 �i U C-900) AND 4' DOMESTIC WATERLINE r Q L L302 L305 r z - 1z) �i L304� S E / 5 FO SE N - # / �2 C\ L303 4 0 N N HMMEAR A,, LLC \\ INST./201101008000023860 ORN 1495-15-1289 TH 0 PARCEZ A ` Df INST./201IOIOW X21080 U ROBERT W.8A ** L301 IS THE TIE DISTANCE FROM THE NORTHEAST CORNER OF LJC. N• PARCEL A TO THE BEGINNING OF ENCROACHMENT AREA 111 3 0 06-24-2024 Line TableSSjONAL �ti Una Bearing Distance EXHIBIT "A" L301 S 27.22*46• W 280.15' SHOWING ENCROACHMENT OF STORM SEWER SYSTEM, L3o2 S 5'33'20" 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 FOR 26'40' E 70.00' HEADGEAR II, LLC GPINS 1495-05-6238 AND 1495-15-1289 CIVIL GNGINIERWG AND VIRGINIA BEACH, VIRGINIA CONS I RUC110N SERVICES SCALE: 1 »=100r APRIL 16, 2024 SHEET 7 OF 9 100 50 0 100 200 5267 GRUNWICFI ROAD.., VIRGINIA BLACI I.VIRGINIA 21162 feet 17571 T77-9211 Scale =27 Enwomh wA 12 12 cR�oE - — 10 -- -- jo SLOPES-I MM7ELY 8 --- —Eldl47W (DOUBLE) -- 8 6 6 �e• f ' g 4 two ororn� r—— ———— (ey/W cx v a 4 12 4 2 - - �rsru�( )N•hV- 2 I 0 I 0 I CTI ACCESS PAIN SAAuI BEo0N5TRUCTED of AN ALL MTi►TIffR SURFACE SE ON A—A EXHIBIT "A" QESIGNM M ADEQUATELY SUPPORT THE VEHICULAR LOAD OF MAINTENANCE (PIPE CROSSING) EOUIPENT.THE SURFACE ANY BE COSWICALLY APPEAIHIG SUCH AS GRASS, SCAM HOFM 1•-20• SHOWING AS LONG AS ADEQUATE SIN GRADE SUPPORT STRUCTURE D(ISTS. VENT: 1•-4' ENCROACHMENT OF STORM SEWER SYSTEM, nmsHm GRADE ROADWAY, UTILITIES, AND ACCESS PATH 2 ORGANIC ACCEPTABLE INTO THE Ns AcxRECATE(21, 21A) TH 0 D PUBLIC DRAINAGE EASEMENT —CONPAC!= SURABLE SUBGRADE FOR ACC PATH FOR WET POND /, r HEADGEAR II, LLC NOT To SCALE v '/ GPINS 1495-05-6238 AND 1495-15-1289 ROBEFrT W.8A VIRGINIA BEACH, VIRGINIA CIVIL ENGINEERING AND .p Ufa No.37087 SCALE: AS SHOWN APRIL 16, 2024 CONSIRUClION SERVICES �� 06-24-2024 SHEET 8 OF 9 S*7 GRYFNWICH ROAD.SUITF.JN� IONAL 20 10 0 20 40 VIRGINIA BL C47571��;VIRGINIA 2mw scale feet 22227 Em..h .d CIVIL ENGINCERING AND TH OF Lane Table CONSFRUCI ION SERVICES Una # Bearing Distance 5267 GRUNWICH ROAD,SurlF 300 L301 S 27'22'46" W 280.15' VIRGINIA BEACI I.VIRGINIA 2-462 U 17571 777-9211 ROBERT W.8A L302 S 5'33'20" E 60.00' "0 Lie' No.3-7 7, L303 S 84'26'40' W 70.00' ENCROACHMENTS: 'gyp 06-24-2024 �c�, 8. 40' OF 24" RCP A 1.25% SLOPE `� L304 N 5'33'20" W 60.00' 9. ENDWALL, VDOT EW-6PC, INV.=2.50, L=11'-6", s`SIONAL G 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 4 93 o� 2 O 8 t7j LLJ � L405 L403 \ v O HEADGE l/, LLC �L402 -WN z /NSTI2011010M"23860 GP/N PA ROE A 1289 > \ c� N /NSTI 201 imasOOM21080 \ " \A \ /ice v i EXHIBIT "A" / SHOWING ENCROACHMENT OF STORM SEWER SYSTEM, ROADWAY, UTILITIES, AND ACCESS PATH INTO THE —AA. PUBLIC DRAINAGE EASEMENT FOR HEADGEAR II, LLC ��1,59 GPINS 1495-05-6238 AND 1495-15-1289 VIRGINIA BEACH, VIRGINIA // ���a�° ► SCALE: 1 "=100' APRIL 16, 2024 SHEET 9 OF 9 100 50 0 100 200 scale feet 22227 0►c vodw wr,c NOTES: 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 / P � N N ENCROACHMENT AREA 2 SEE SHEET 5 OF 9 1 g y R�> O 4 - Nlr /, r H610 A, LLC 4/` At57./1017t17W kfr 'd�010 AV PARCEZ 428 / T W.8A (M..8 152, PIGS 32-3ET) r0 L.IC. No.37087 �p:;6 06-24-2024 ONAL HEADGEAR //, LLC /AIST./1011O/QlAQ2, 0 ENCROACHMENT AREA 3 GPN 1495-15-1289 SEE SHEET 7 OF 9 ^� PARCLZ A ENCROACHMENT AREA 4 4 UST./2011O105AMMMf j / SEE SHEET 9 OF 9 / EXHIBIT "A" SHOWING ENCROACHMENT OF STORM SEWER SYSTEM, ROADWAY, UTILITIES, AND ACCESS PATH INTO THE PUBLIC DRAINAGE EASEMENT SEE SHEET 2 FOR GPIN 1495-15-1289 FOR BOUNDARY AND ADJOINER INFORMATION. HEADGEAR II, LLC GPINS 1495-05-6238 AND 1495-15-1289 VIRGINIA BEACH, VIRGINIA CIVIL ENGINEERING AND SCALE: 1"=250' APRIL 16 CONS RUCI ION SERVICES 2024 SHEET 1 OF 9 250 125 0 250 500 52.67 GRUNVJ1C1i ROAD,S(M 300) VIRGINIA BEACII, VIRGINIA 21W. SC4�C n57+777-921I feet 22227 Emumiamt S WAW LLC CIVIL ENGINEERING AND AMI AMMMAHM10 CONS IRUCI ION SERVICES AVIN B-4 Li N � ' f �S) C 5267 GRUNWICH ROAD,SI/1TF 3tTf1 ,V' VIRGIALA BLACI1.VIRGINIA Z33fa2 LLC f757h 7Tl-9211 4h A5T./2017MAZIOX10 1 Q91V� 085 z (MA 1M, Pax SEE SHEET 3 FOR EASEMENT CALLOUTS, Ls RIGHT—OF—WAY AND BOUNDARY CALLOUTS N \ 3 (LINE TABLE AND CURVE TABLE) 2 1 c, 1 � 5 0� j QS:0 _ THOFy ( L6 n v' r HNOW LLC M T 2017Qao2A'aA/� "10 4 �o, Z U ROB�1T W.8A 6PN 140-.05 6238 -t Lic.No.37087 PAWS 428 I " u 'gyp 06-24-2 (ME 15Z PIGS 32-M) 024 I � ��� O ��, ♦ SS10NAL Cs 6 �N � N/F \\\ HEADGEAR A,, LLC 6 1 /AST./210110106i916g02MW �v1 6RN 1495-15-1289 PARM A 8 R /AST./201101Q'fA71AD21GW I 9 oN 10 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 / M E oPm flots uC VIRGINIA BEACH, VIRGINIA MST./201MIXX730210 " , OW 14Z-1 A 5131 SCALE: 1 =200 APRIL 16, 2024 GHS A,, LC (, 5� P A SHEET 2 OF 9 (,Iasi./201101ABA�AR2XW) 200 100 0 200 400 QW 14 5-00-Ml FM PAfiM B scale (MIST./Z110107=21M) feet 0 EASEMENTS: 1. 15' PUBLIC DR41MGE EASEMENT (D.B. 2536, PG. 121C) (D.B. 2566, PG. 2083) 2. 70' PUBLIC DR4INAGE EASEMENT (D.B. 2558, PGS. 540 & 541) (D.B. 2581, PG. 1545) 3 8'AND VARIABLE WIDTH PUBLIC PEDESTRIAN ACCESS EASEMENT (INST f 202403024614) 4. 20' P118UC D)WMG£ EASEMENT (D.B. 2558, PZ.. 541 & 542) (D.B. 2581, IV 1545) 5. PUBUC UTIUTY EASEMENT (INSTI 202403024615) 6. VARIABLE WIDTH PUBUC D)WMGE EASEMENT (INSTI 202403024613) 7. 30' PUBUC DR444GE EASEMENT (M.B. 67, PG. 47) 8. 15' PUBLIC DR MGE EASEMENT (D.B. 2556, PG. 540) (D.B. 2581, PG. 1545) 9. VARABLE WIDTH PUBUC DR4IN4GE EASEMENT (M.B. 218, PGS. 98-99) (D.B. 3058, PG 1504) 10. 30' PUBUC DR41MGE EASEMENT (M.B. 67, PG. 47) (M.B. 106, PG. 54) 11. 10' PUBUC DR4INAGE EASEMENT (M.B. 67, PG. 47) Curve Table Curve # Length Radius Delta Chord Bearing Chi I Tangent C1 111.47' 1705.74' T44*39* N 12'25'07" W 111.45' 55.75' Line Table Una Bearing Distance Lt S 52'28'35" W 100.14' L2 S 53'21'57" W 179.30' �TH 0 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' ROBERT W L6 S 11*09'48' E 77.28' ,d L I c' N' — 06-24-2024 L7 S 9'21'51" E 516.60' 1-8 N 10'32'47" W 321.74' SSIONAL �� L9 N 44 57'26" E 1 3.74' EXHIBIT "A" SHOWING ENCROACHMENT OF STORM SEWER SYSTEM, ROADWAY, UTILITIES, AND ACCESS PATH INTO THE PUBLIC DRAINAGE EASEMENT FOR CIVIL.1 NGINLLRING AND HEADGEAR II, LLC CONSYRUCI ION' SERVICES GPINS 1495-05-6238 AND 1495-15-1289 VIRGINIA BEACH, VIRGINIA P52607GRUNWICH ROAD,S111TF 300 APRIL 16, 2024 VIRGINIA HLACII.VIRGIr.1A?3462 SHEET 3 OF 9 75 h TT1-9211 22227 EnwoWmem C7 ENCROACHMENTS: TH OF 1. PROPOSED OUTFALL PIPE (56' OF 18" RCP 0 \ Dj 0.30% SLOPE WITH RIP-RAP OUTLET 01 PROTECTION, OUTFALL INVERT=3.69'N11- r f/ #LLC R09133T W.8A M7/M17a%IA4WZX10 rp Lie. No.37087 A UM 427 'gyp 06-24-2024 , rya 152, AM 32-M) / % 0� `SIONAL r L106 102 �. p / 4 Na L105 104 4 + � z HfAOIGfAR A LLC o ' w�A5712017aQ2GI010�' vio Vo 93 � N M 1495-0-dW PAWR 428 " (M.R 152, PC& ** L101 IS THE TIE DISTANCE FROM THE NORTHEAST CORNER OF Lane Table PARCEL 428 TO THE BEGINNING OF ENCROACHMENT AREA 1 Line / Bearing Distance L101 S 36'56'55' W 271.11 EXHIBIT "A" L102 S 46.39'44' E 20.00' SHOWING L103 S 4T20'16' W 59.92' ENCROACHMENT OF STORM SEWER SYSTEM, L104 N 36'26'43' W 4.41' ROADWAY, UTILITIES, AND ACCESS PATH L105 N 24 3-- PUBLIC INTO THE 1s8s'w . DRAINAGE EASEMENT L106 N 43'20'16' E 52.81' FOR HEADGEAR 11, LLC GPINS 1495-05-6238 AND 1495-15-1289 VIRGINIA BEACH, VIRGINIA CIVIL LNCINILRINC AND SCALE: 1 "=100' APRIL 16 CONS rR�ICI Ic�N sERVICB 2024 SHEET 4 OF 9 100 50 0 100 200 S2 7 GRTF"ICH ROAD,SITITF 3("� VIRGINIABLACI I.VIRGINIA 23W. 0 - SCdle rrsa m-92n feet 2=7 Eno..hl ant WMWdnl ENCROACHMENTS: 2. PROPOSED BOX CULVERT (LENGTH-60', WIDTH-11', 'TH OF HEIGHT-10') WITH ENDWALLS. UPSTREAM INVERT-(-)1-00, DOWNSTREAM INVERT-(-)1.20. / r SEE DETAIL BY OTHERS (SHEET 6 OF 9) [/'- 3. PROPOSED PRIVATE ROAD FOR INGRESS/EGRESS. U ROBERT W WIDTH' (FACE OF CURB TO FACE OF CURB) / ` -o L.ic No.3701g7 hOEAAGrRAR N LLC / p�06-24-2024 OW 1405-W�-2285' fo \ / ' o �ssIONAL �� AtTE (mot 152, \ � o a N Nr� ♦ � Z HEI0"1Z LLC \ Ow dos o ,4on o'� w PARE 428 �o rya 152, POS 32--.17J / 2 L202 V **L201 lot ** L201 IS THE TIE DISTANCE FROM THE SOUTHEAST CORNER OF Line Table PARCEL 428 TO THE BEGINNING OF ENCROACHMENT AREA 111 2 Una / Baa►Ing Distance L201 S 83'51'31' 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 3s'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 E•NGINLERING AND SCALE: 1"=100' APRIL 16 CONS I'R UC I]ON SERVICES , 2024 SHEET 5 OF 9 100 50 0 100 200 V.67 GTkTTNWJC1 ROAD,SlWff 30( VIRGINIA BLACI1,VIRGIKIA 23462 SCGIe (757)777-9211 feet 60'45h"O.A. w/Flt-up p"let (8)PC @ 6'0"STD 6,-0" ---- ------ i ----- ------ ------ I------ -----— i----� Flow i I 120° Inlet end I (�j_ TYP� y I ~ I -- I--- I O O Outlet en I I I 1---- i i i I 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 T-6" TY Typ ------ ------ ----- ------ Er' ------ I ----- ,------ i i -- 10'-0" I I Rise I 1 I ------- ------- 1 1 Inv. (-)1.00 Grade Beam Elevation View Inv. (wingwalls removed for clarity) Grade Beam (-)1.20 12'-4" O.A. 10" 1'-0"Parapet 10'-0" 5'-2" 2'-6"Invert 1 1'-B"Grade Beam End Section Configuration CP&P Designation otes:1. See component details for material properties. 11010V0 5 BC 1 S 2. Box culvert components fabricated In accordance with ASTM CI577 for AASH LRFD till-93 live loading and 2'to 5'earth cover with MOT Section 302 and with project accordanceTO 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 longltudinals,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 locations.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: CP&P Original: 02/02/24 LLG Office Warehouse @ Holland First Rev: Concrete Pipe&Precast,LLC 1800.999.2278 Virginia Beach, VA Last Rev: --- 30364 Design Road 1 Ashland,VA 23005 Order: 158907 1 Str: 11xi0 Dw P&E SHEET 6 OF 9 =21 Encroachime tt El ENCROACHMENTS NIr N, LLC a 4. 72' OF 30' RCP (DOUBLE) 0 0.30X ,W ..j 201AaaaulaaZMIO � SLOPE WITH VDOT JB-1 STRUCTURE &W 140-05-OW 5. 80' OF 30- RCP (DOUBLE) 0 0.30% P'ti= 428 SLOPE (M6 152, M 32 M) 11 6. PROPOSED ACCESS PATH FOR WET 7 POND, SEE DETAIL - SHEET 8 7. PROPOSED 10" WATER MAIN (PVC 6 ^ ' C-900) AND 4 DOMESTIC WATERLINE L302 L305 O,1 / ,L304 SE 0 FO —Ap+ // / \ L303 4 p° O \ z \ v / / \ \ ►� N HEADGEAR !/, LLC INSTI 2011010601AQ02.�860 " GPW 1495-15-1289 \ �,�•�TH 0 D PARIGEZ A INST.j 201 fO1Gt5o=21080 v' U R08ERT W.8A ** L301 IS THE TIE DISTANCE FROM THE NORTHEAST CORNER OF Uc. Mo.37087 PARCEL A TO THE BEGINNING OF ENCROACHMENT AREA # 3 p 06-24-2024 Line TablessIONAL �ti use Ii Benny 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 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 11, LLC GPINS 1495-05-6238 AND 1495-15-1289 VIRGINIA BEACH, VIRGINIA CIVIL L•NC�INLL•R1NC=AND » , CONS I R 11 C I ION SERV ICES SCALE: 1 =100 APRIL 16, 2024 SHEET 7 OF 9 100 50 0 100 200 S267 GRFINI'VIC"ROAD,SUTF.306 VIRGINIA BTACI1,VIRGINIA 23462 057,-n-yzn scale feet 12 12 cRAue 10 - 10 SYRUCrOt— SLOPES Y 8 DZW msw P (DOVES E� 8 6 6 le' a —�—— Is aA g rxsi (arirs c> Lv, a z 4 I EX/S7ING/GYJUBLEf 3A"FCP 2 - I 2 0 I I 0 AOCESS PATH sltul BE CONSTRUCTED or AN ALL WEATHER SURFACE SECTION A—A EXHIBIT 'A' DESIGNED TO ADEQUATELY SUPPORT THE VEHICULAR LOAD OF MAINIOiANCE (PIPE CROSSING) EQUIPMENT. . SCALE H THE SURFACE MAY BE COSMETrAlY APPEALING SUCH AS GRAMORZ: 1'-20` SHOWING LONG m AS ADuATE SUNRAOE SUPPORT STRUCTURE oasts. VERT. 1'-4' ENCROACHMENT OF STORM SEWER SYSTEM, FNLSHED GRADE ROADWAY, UTILITIES, AND ACCESS PATH 2 ORGANIC ACCEPTABLEsffia INTO THE 8'AGGREGATE (21. 2/A) TH OF PUBLIC DRAINAGE EASEMENT —COMPACTED SURABLE SUBGRADE j ACCESS PATH FOR WET POND FOR /, r HEADGEAR II, LLC NOT TO SCALE (/` GPINS 1495-05-6238 AND 1495-15-1289 I ROBERT W. VIRGINIA BEACH, VIRGINIA CIVIL.LNGINLLRLNG ANL� .p Uc No.370Ei7 SCALE: AS SHOWN APRIL 16, 2024 cci sltauclICON srx+-lcLs 'gyp 06-24-2024 , SHEET 8 OF 9 4J67 GRTTT:VtiICFI RUA D.,A 117E 3(XI ONAL 20 10 0 20 40 N'IRGINIA LLACI I.VIRC-:NIA 2A62 SCdle feet RST"177-921i 22M fiwootlrtiM CIVIL ENGINEERING AND ♦TH OF Line Table CONSI'RUC110N SERVICES Line # Bearing Distance r 5267 GRF.FNWICH ROAD.SIIITF 300 V � L301 S 2722'46' W Y80.15' VIRGINIA BLACI 1.VIRGINIA 21462 777-9211 ROBBRT W sA L302 S 5'33'20' E 60.00' '0 Lk'No.37087, L303 S 84 26'40' W 70.00' 0 ENCROACHMENTS: �p�06-24-2024 8. 40' OF 24' RCP 0 1.25% SLOPE % Cs� L304 N 533'20' W 60.00' 9. ENDWALL, VDOT EW-6PC, IW.=2.50, L=11'-60, `sjONAL 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 y FROM THE SOUTHEAST CORNER OF I PARCEL A TO THE BEGINNING OF ok ENCROACHMENT AREA 4 / �Iio 2►3 // I 8 L404 a x \ 9 \� Cn 1405 # 0 � L403\ Q o HEi400EAR //, LLC \ )L\ z /AfST./?011010�6AAA023B60 \ �� c� A w GP/N 1495-15-1289Lu PARICLZ A \ \ 1_ to /W.120110105000021080 \A i 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"=100' APRIL 16, 2024 0° SHEET 9 OF 9 100 50 0 100 200 scale feet 2= Em-oM.* 37 ITEM— VI.L.3 ORDINANCESIRESOL UTIONS ITEM#75993 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED, BY CONSENT, Ordinance to DONATE to the Sheriff of Patrick County, Virginia re 5,000 rounds of unused Winchester Ranger ammunition Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None August 13, 2024 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 13th day of August 2024. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City orney's Office CA16607 R-1 July 25, 2024 38 ITEM— 11I.L.4 ORDINANCESIRESOL UTIONS ITEM#75994 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRMTE$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 Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None August 13, 2024 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 the Department ofHousingand 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 13th day of August 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 Affbrney's Office CA16614 R-1 July 25, 2024 39 ITEM— VLL.5 ORDINANCESIRESOL UTIONS ITEM#75995 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRIATE $684,390 from the Virginia Department of Elections to the FY2024-25 Voter Registration and Elections Operating Budget repurchase and implementation of ballot-on-demand systems Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. `Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None August 13, 2024 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 13 t h_ day of August 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 CA16623 R-1 August 2, 2024 40 ITEM— VI.L.6 ORDINANCESIRESOL UTIONS ITEM#75996 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRL4TE $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 Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None August 13, 2024 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 13th day of August , 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 41 ITEM— VI.L.7 ORDINANCESIRESOL UTIONS ITEM#75997 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED, BY CONSENT, 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 Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W "Worth"Remick Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None August 13, 2024 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 13th day of August 12024. 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-Att© ey's Office CA16610 R-1 July 25, 2024 42 ITEM— 1/7 L.8 ORDINANCESIRESOL UTIONS ITEM#75998 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED, BY CONSENT, 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 Voting: I1 - 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None August 13, 2024 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 Servicesand appropriated, with revenuefromthe 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 13th day of August 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 CA16615 R-1 July 25, 2024 43 ITEM— VI.L.9 ORDINANCESIRESOL UTIONS ITEM#75999 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED, BY CONSENT, 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 Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None August 13, 2024 1 AN ORDINANCE TO ACCEPTAND 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 Budget of the Commonwealth Attorney for the purposes of the Victim Witness 12 grant. Adopted by the Council ofthe City of Virginia Beach,Virginia on the 13th day of August , 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 anagement Services City orney's Office CA16608 R-1 July 25, 2024 44 ITEM— VI.L.10 ORDINANCESIRESOL UTIONS ITEM#76000 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED, BY CONSENT, 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 Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None August 13, 2024 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 Attorn ey forthe purposes 12 of the Witness Protection grant. Adopted by the Council of the City of Virginia Beach,Virginia on the, 3th day of August , 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-Manage— n Services Attorney's Office CA16609 R-1 July 25, 2024 45 ITEM— VI.L.I1 ORDINANCESIRESOL UTIONS ITEM#76001 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED, BY CONSENT, 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 repurchase of drug and alcohol testing supplies Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None August 13, 2024 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 13th day of August , 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 46 ITEM— VI.L12 ORDINANCES/RESOLUTIONS ITEM#76002 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED, BY CONSENT, 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 Voting: I1 -0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None August 13, 2024 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 Department of 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. AVopted by the Council of the City of Virginia Beach,Virginia on the 13th day of Augus , 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 'sty orney's Office CA16618 R-1 July 25, 2024 47 ITEM— VI.L.13 ORDINANCESIRESOL UTIONS ITEM#76003 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED, BY CONSENT, Ordinance to ACCEPT and APPROPRL4TE $8,000 from the Western Tidewater Community Services Board to the FY2024-25 Human Services Operating Budget re peer support services Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None August 13, 2024 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 revenuefrom the Commonwealth increased accordingly,tothe FY 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 13th day of August 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 orneys Office CA16617 R-1 July 25, 2024 48 ITEM— VI.L.14 ORDINANCESIRESOL UTIONS ITEM#76004 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED,BYCONSENT,Ordinance to APPROPRIATE$353,072 offund 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 Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None August 13, 2024 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 13th day of August 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 ity A orney's Office CA16619 R-1 July 25, 2024 49 ITEM— 11I.L.15 ORDINANCESIRESOL UTIONS ITEM#76005 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council ADOPTED, BY CONSENT, Ordinance to APPROPRM IE$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 Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None August 13, 2024 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 13th day of August , 2024. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 0- Budget and Management Services City Attorney's Office CA16612 R-1 July 25, 2024 -50 ITEM— VI.M.1 PLANNING ITEM ITEM#76006 Upon motion by Vice Mayor Wilson, seconded by Council Member Ross-Hammond, City Council DEFERRED TO SEPTEMBER 17,2024,BY CONSENT, application of GORDON R. CRENSHAW& HANNAH L CRENSHAW for a Street Closure re approximately 6,327 square feet of an unimproved portion of Windsor Road adjacent to 1217North Bay Shore Drive DISTRICT 6 Voting: 11 - 0 Council Members Voting Aye: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, David Hutcheson, Robert W. "Worth"Remick, Dr. Amelia N. Ross-Hammond, Jennifer Rouse, Joashua F. "Joash" Schulman, Chris Taylor, Vice Mayor Rosemary Wilson and Sabrina D. Wooten Council Members Absent: None August 13, 2024 51 ITEM— VI.N APPOINTMENTS ITEM#7600 7 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: ACTIVE TRANSPOR TA TION AD VISOR Y 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 FACILITYAUTHORITY HEALTH SERVICES AD VISOR Y BOARD HISTORIC PRESERVATION COMMITTEE HOUSING ADVISORY BOARD HUMAN RIGHTS COMMISSION OCEANA LAND USE CONFORMITY COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARYBOARD STORMWA TER MANAGEMENT IMPLEMENTA TION AD VISOR Y GROUP TRANSITION AREAIINTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE URBAN A GRICUL TURE ADVISORY COMMITTEE VIRGINL4 BEACH CANNABIS ADVISORY TASK FORCE VIRGINL4 BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD August 13, 2024 S? ADJOURNMENT ITEM#76008 Mayor Robert M.Dyer DECLARED the City Council FORMAL SESSION ADJOURNED at 6:36 P.M. / r /V Terri H. Chelius Chief Deputy City Clerk 4m i Am Barnes, MM Robert M.Dyer City Clerk Mayor City of Virginia Beach Virginia August 13, 2024 53 OPEN DIALOGUE The following registered to speak.- Katherine Howell, 5809 Coastal Pointe Drive, Phone: 817-524-5 73 7, did not respond Mike Helms, 1561 Frost Road, Phone: 652-2710, did not respond Andrew Chalwell, 5428 Westminster Court, Phone: 782-1971, did not respond Crawford Anderson, 4344 Wishart Road, Phone: 408-2094, requested City Council adopt a Resolution requesting a ceasefire in Palestine Kelsea LaVouh, 412 Putnam Road, Phone: 917-0866, requested City Council adopt a Resolution requesting a ceasefire in Palestine Saher Mirza, 3940 Meeting House Road,Phone:919-302-2274, requested City Council adopt a Resolution requesting a ceasefire in Palestine Vic Nicholls, 1124 Mill Lake Quarter, Chesapeake, Phone: 410-0008, did not respond Alesha Stallings, 608 Chapel Lake Drive, Phone: 679-9064, expressed concerns of youth violence and explained her twelve(12)year old son was fatally shot in the Level Green neighborhood. Whitney Yancy, 608 Chapel Lake Drive, Phone: 985-7482, expressed concerns of youth violence and believes police do not protect black children ADJOURNED AT 6.52 P.M. August 13, 2024